Grounds giving rise to and capacity for non-contractual damage liability under the law of Vietnam and Germany

Abstract

In the institution of liability for non-contractual damages, legal provisions related to grounds giving rise to and capacity for non-contractual damage liability play an important role in resolving practical cases. In Vietnam, these legal provisions are developed  based on the lawmaking experience of many countries in the world, including Germany. Nevertheless, due to a number of subjective and objective reasons, several limitations of current legal provisions  of Vietnam on this regard still remain. This article focuses on an analysis to indicate the limitations of the law of Vietnam in comparison to the German law and thereby drawing some proposals for law improvement.