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Official Gazette

Sunday, August 25, 2019
Tags: civil obligations
A new approach to applying limitation periods under the 2015 Civil Code A new approach to applying limitation periods under the 2015 Civil Code
This article highlights the new approach adopted by the 2015 Civil Code to the application of limitation periods for requesting settlement of civil cases and matters. It also explores some specific limitation periods for declaring civil transactions null and void, requesting protection of personal rights, initiating contract-related lawsuits, and claiming compensation.
Vietnamese rules on compensation for contractual damage Vietnamese rules on compensation for contractual damage
In both legal theory and civil transaction practice, regulations on liability to compensate for contractual damage always play an important role. Theoretically, it is the concretization of the principles of equality, free will, good will, binding of contract, and theories of fault and damage in civil liability.
Free will to enter into contract under the Civil Code Free will to enter into contract under the Civil Code
Freedom of contract in general or free will to enter into contract in particular is one of the basic principles of private law and civil code. Vietnam’s 2015 Civil Code contains necessary revisions to better guarantee these principles in the country’s private law system and in the formation and perfection of legal behavioral standards for subjects of private relations in conformity with international customs and practices.
Third-party security in the Civil Code Third-party security in the Civil Code
The 2015 Civil Code provides nine measures to secure the performance of civil obligations according to two approaches, namely law-prescribed security and agreement-based security, and security without property and security with property. Under either approach, the issue that attracts special attention from the parties to civil transactions is whether third-party security is recognized and what legal contents of this issue are. This article touches upon the issue in light of the Code.
Court precedents in Vietnam: a view from the building of the 2015 Civil Code Court precedents in Vietnam: a view from the building of the 2015 Civil Code
Vietnam’s legislative work has entered a new development period with a focus on recognizing, respecting, protecting and guaranteeing human rights and citizens’ rights and implementing the judicial reform strategy, especially upholding the role of people’s courts in safeguarding justice and exercising the judicial power.
Formal requirements for contracts under the new Civil Code: an overview Formal requirements for contracts under the new Civil Code: an overview
Recently, large numbers of commercial and financial contracts were declared null and void for non-compliance with legal requirements in terms of form. The new Civil Code enacted by the National Assembly of Vietnam on November 24, 2015, with effect from January 1, 2017 (the 2015 Civil Code) was supposed to simplify formal requirements for contracts. However, there remain some lacunas and gaps that this article will try to point out.
Suspension of payments in bankruptcy proceedings: a view from practice Suspension of payments in bankruptcy proceedings: a view from practice
The 2014 Bankruptcy Law is more elaborate than its 2004 version with regard to the suspension of payment of debts owed by the insolvent enterprise and the stay of proceedings and execution against the insolvent enterprise. It is expected to stop all collection efforts, all harassments and give the debtor company a breathing spell from its creditors.
Vietnams draft Civil Code: 10 debatable issues Vietnam’s draft Civil Code: 10 debatable issues
A public consultation on the draft revision of the 2005 Civil Code has been launched to collect opinions of people from all walks of life, inside and outside the country.
Unilateral divorce from abroad Unilateral divorce from abroad
Insolvency and the survival of contracts Insolvency and the survival of contracts
For the purpose of enabling insolvent enterprises to rescue their business, the Law on Bankruptcy contains a number of provisions regarding the suspension of performance of payment obligations by insolvent enterprises.

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