How to claim for damage to valuables in order to save people?

1. If the loss of other people's valuables is caused in order to save people, the person who caused the danger shall bear civil liability, and if the danger is caused by natural causes, the emergency evacuator shall not bear civil liability and may give appropriate compensation. Where the measures taken for emergency evacuation are improper or exceed the necessary limits, causing undue harm, the emergency evacuee shall bear appropriate civil liability.

2. If the loss of one's own valuables is caused in order to save the person, the infringer shall bear civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

3. When dealing with this type of civil legal relationship, three factors need to be considered: first, the principle of reasonableness and inevitability of the damage should be taken into account. Second, the principles of practicality, appropriateness, fairness and reasonableness should be taken into account when determining compensation; Third, the principles of responsibility, morality, and public order and good customs should be taken into account when determining responsibility.

General Provisions of the Civil Code

Article 182:Where harm is caused by emergency avoidance, the person who caused the danger bears civil liability. If the danger is caused by natural causes, the emergency evacuator shall not bear civil liability and may be given appropriate compensation. Where the measures taken for emergency evacuation are improper or exceed the necessary limits, causing undue harm, the emergency evacuee shall bear appropriate civil liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Tort Liability Law

Article 23: Where harm is caused to oneself by preventing or stopping the infringement of others' civil rights and interests, the infringer bears responsibility. Where the infringer escapes or is unable to bear responsibility, and the infringed party requests compensation, the beneficiary shall give appropriate compensation.

Article 31 Where damage is caused by emergency evasion, the person who caused the danger shall bear responsibility. If the danger is caused by natural causes, the emergency evacuator is not liable or gives appropriate compensation. Where the measures taken for emergency evacuation are improper or exceed the necessary limits, causing undue damage, the emergency evacuator shall bear appropriate responsibility.

You don't know if you do a good deed to save people, you can claim from the party who gains, as for whether you can claim the full amount, I don't know, consult a lawyer for such a thing.

You say it's to save people, and it's not as important as human life when you say that, but of course, it depends on you.

There's no way around this, after all, you made it yourself, and you can't go to anyone to get it.

Human life is at stake, but you have to accompany you if you break it yourself!

If the rescued person has a conscience, he should take the initiative to compensate.

It depends on the situation, is there a legal definition of this?

The person who rescued the person and caused the damage shall be compensated by the rescuer.

If there is no statutory or contractual obligation, and the beneficiary is entitled to reimburse the necessary expenses incurred in order to avoid the loss of the interests of others.

Article 979 of the Civil Code: [Definition of Management Without Cause] Where the manager does not have a statutory or contractual obligation to manage the affairs of others in order to avoid losses to the interests of others, he may request the beneficiary to reimburse the necessary expenses incurred as a result of the management affairs; If the manager suffers losses due to management affairs, it may request the beneficiary to give appropriate compensation.

If the management affairs do not conform to the true intention of the beneficiary, the manager does not enjoy the rights provided for in the preceding paragraph; However, this does not apply if the true intention of the beneficiary violates the law or violates public order and good customs.

Article 980: [Application of Law When Beneficiaries Enjoy Management Benefits] Where the manager's management affairs do not fall under the circumstances provided for in the preceding article, but the beneficiaries enjoy management benefits, the beneficiaries shall bear the obligations provided for in the first paragraph of the preceding article to the managers within the scope of the benefits they obtain.

Article 981: [Managers' Obligation to Properly Manage] Managers shall adopt methods that benefit the beneficiaries when managing the affairs of others. If the interruption of management is detrimental to the beneficiary, it must not be interrupted without a legitimate reason.

Hello. For the time being, there is no clear civil law for acts of righteousness and courage. There are two views in the legal practice community:

Article 93 of the General Principles of the Civil Law: "If there is no statutory or contractual obligation to manage or provide services in order to avoid the loss of the interests of others, the beneficiary shall have the right to demand reimbursement of the necessary expenses incurred thereby."

and Article 132 of the Opinions of the Supreme People's Court on Several Issues Concerning the Enforcement of the General Principles of the Civil Law: "The necessary expenses that the administrator or service provider may require the beneficiary to reimburse as provided for in Article 93 of the General Principles of the Civil Law, including the expenses directly incurred in the management or service activities, as well as the actual losses suffered in such activities." ”

2. The principle of "compensation for losses" applies, such as Article 109 of the General Principles of the Civil Law: "If a person suffers damage to himself by preventing or stopping the infringement of the property of the state or the collective, or the property or person of others, the infringer shall be liable for compensation, and the beneficiary may also give appropriate compensation." At the same time, Article 142 of the Opinions of the Supreme People's Court on Several Issues Concerning the Enforcement of the General Principles of the Civil Law:

Where the victim makes a request to protect the lawful rights and interests of the state, the collective, or others and suffers harm to themselves, and the infringer is unable to compensate or there is no infringer, the people's court may order the beneficiary to give appropriate compensation based on the amount of benefit to the beneficiary and his or her economic situation. Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases further clarifies: "Where a person suffers personal injury in order to protect the lawful rights and interests of the state, the collective, or others, and there is no infringer or the infringer has no ability to compensate, and the compensation right holder requests the beneficiary to make appropriate compensation within the scope of benefits, the people's court shall support it."

Theoretically, the latter is considered to be more protective and reasonable.

Based on this case, A's rescue of B caused damage to his property and person, and B should be given "appropriate compensation" instead of compensation. That is, it is sufficient to compensate according to the actual loss of A.