If compensation for damage was made by a person who did not cause it, then he can make a counterclaim (regression), that is, seek to recover the amount from the actual violator of the right, unless there are special reservations in the law.
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During the regression procedure, two nuances must be taken into account:
If the state, subject or municipality has compensated mexico number for whatsapp for damage caused by a person holding a position in a law enforcement agency whose guilt has been proven in court, then they may apply recourse to this person.
Regressive claims cannot be made against a person who caused harm if he or she is a minor, incapacitated or of limited capacity.
In the event of simultaneous harm caused by several persons, shared liability may be established by way of recourse, although this does not comply with generally accepted norms.
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During the consideration of the case, the court may take into account various circumstances and, as a result, the amount of compensation may be adjusted:
Based on the total value of the defendant's property, the amount of compensation for damage caused by him may be reduced if his actions were unintentional.
Compensation must be partial if the occurrence or increase of damage was caused by the gross negligence of the injured party.
Damage cannot be compensated if it was caused by the intentional actions of the victim.
If the victim has acted extremely recklessly, and the defendant's guilt for causing the damage is not established, but he is still liable, then the amount of compensation should be reduced or not assigned at all, provided that such a decision complies with legal norms.
When harm is caused to the life or health of a person, it must be compensated in any case, even if the victim grossly violated safety rules.
The liability of the victim does not extend to compensation for additional expenses, damages in the event of the loss of a breadwinner, or the cost of burial.
To classify obligations arising in connection with causing harm, various features are used, such as the category of the defendant, the nature of the damage and the illegal actions.
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Harm is differentiated according to the category to which the person who caused it belongs:
minors under 14 years of age (minors);
minors between the ages of 14 and 18;
incapacitated;
persons who are unable to understand and control their actions;
state and municipal authorities, as well as their employees;
law enforcement and judicial authorities;
a legal entity or individual entrepreneur, if the damage was caused by its employee.
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