Compensation for damage caused by livestock

Because of my carelessness, my buffalo ate rice in the fields of the neighboring village. Now the buffalo is being kept at that house, they don't let me take it back and take it to make me compensate for their loss. I would like to know what level of compensation I have to pay? How do I get my buffalo back?

FDVN’s opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

According to Article 603 of the Civil code 2015, compensation for damage caused by livestock is specified as follows:

“1. An owner of livestock must compensate for damage caused to another person by such livestock. The possessor or user of livestock must compensate during the period of possession or use unless otherwise agreed.

2. Where a third person is entirely at fault in causing livestock to cause damage to another person, the third person must compensate for the damage. If both the third person and the owner are at fault, both of them must compensate jointly for the damage.

3. Where livestock that is possessed or used unlawfully causes damage, the unlawful possessor or user must compensate for the damage. When the owner, possessor or user of livestock is at fault leading the livestock is possessed or used unlawfully thereby causes damage, they must jointly compensate for damage.

4. Where livestock which is allowed to roam according to customary practice causes damage, its owner must compensate according to customary practice provided that such compensation does not contravene the law or social morals.”

The level of compensation shall depend on the damage caused by livestock. According to Article 589 of Civil Code 2015 providing damage caused by infringement of property:

“In the event of an infringement of property, the compensable damage shall comprise:

1. Property which was lost, destroyed, or damaged;

2. Interests associated with the use and exploitation of the property was lost or declined;

3. Reasonable costs for the prevention, mitigation, and remedy of the damage;

4. Other damage as prescribed by law.”

Thus, you will have to compensate for the actual damage that occurred or you can deal with the family having property damage for compensation.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Lan Anh - FDVN Law Firm

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