Question: If a truant student causes damage, who is responsible for compensation?

Reply:

Individual's capacity to be responsible for compensation for damages

According to Article 586, the 2015 Civil Code stipulates the capacity to be responsible for compensation for damage caused as follows:

- People aged eighteen years or older who cause damage must compensate themselves.

- If a person under fifteen years old causes damage but still has a parent, the parent must compensate for all damages; If the assets of the parents are not enough to compensate but the minor child who caused the damage has his or her own assets, use that asset to compensate for the remaining balance, except for the cases specified in Section 2.

People from full fifteen years old to under eighteen years old who cause damage must compensate with their property; If there are not enough assets to compensate, the father and mother must compensate for the remaining balance with their assets.

- If a minor, a person who has lost civil act capacity, or a person with difficulty in cognition or controlling acts that cause damage, has a guardian, that guardian may use the property of the ward to indemnify; If the ward has no assets or not enough assets to compensate, the guardian must compensate with his or her own assets; If the guardian can prove that he or she is not at fault in the guardianship, he or she does not have to take his or her property as compensation.

If a truant student causes damage, who must compensate for the damage?

Pursuant to Article 599, Civil Code 2015, compensation for damage caused by people under fifteen years old during the time the school is directly managed is as follows:

- If a person under the age of fifteen causes damage while under the direct management of the school, the school must compensate for the damage caused.

- The school does not have to pay compensation if it can prove that it is not at fault in management; In this case, the father, mother, guardian of a person under fifteen years old, or a person who has lost civil act capacity must compensate.

Thus, according to the above regulations, if a student under 15 years old causes damage while under the direct management of the school, the school must compensate for the damage caused.

If the school can prove that it is not at fault in its management, the parents and guardians of the person under fifteen years old must compensate for the damage.

In what cases do minors who cause damage not have to compensate?

In Article 584, the 2015 Civil Code stipulates the basis for compensation as follows:

- Any person who violates the life, health, honor, dignity, reputation, property, rights or other legitimate interests of another person and causes damage must compensate, except in the case of the Code Civil Code 2015, other relevant laws have different regulations.

- The person causing the damage is not responsible for compensating for damages in cases where the damage is caused by a force majeure event or entirely due to the fault of the damaged party, unless otherwise agreed or provided by law. different determination.

- In case property causes damage, the owner or possessor of the property must be responsible for compensating for the damage, except in cases where damage arises as prescribed above.

Thus, a minor who causes damage does not have to compensate in case the damage arises due to a force majeure event or is entirely due to the fault of the damaged party, unless otherwise agreed or provided by law. other rule.