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LOGO
Lecturer: Dr. Ha Thi Thanh Binh, LLD
Group member:
Dang Thi Hoang Oanh
Tran Thi Ngoc Oanh
Hoang Vu Thi Ut Quyen
Hoang Ngoc Son
Nguyen Ngoc SonLam Thi Cam Tam
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SITUATION 1
Case:
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ISSUES RULE APPLICATION CONCLUSION
Whether the original offer has been accepted or revoked?
Hungreceived
Dung sent
before 9.00 am
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ISSUES RULE APPLICATION CONCLUSION
Whether the original offer has been accepted or revoked?
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ISSUES RULE APPLICATION CONCLUSION
Art 122 Civil Code 2005
Art 391 - Civil Code 2005
Art 392 - Civil Code 2005
Art 393 - Civil Code 2005
Art 397 - Civil Code 2005
Art 131 Civil Code 2005
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Art 122: Conditions for civil transactions to become effective (Civil Code 2005)
1. A civil transaction shall be effective when it meets all the following conditions:
a/ The persons participating in the transaction have the civil act capacity
b/ The purpose and contents of the transaction do not violate prohibitory provisions of lawand are not contrary to social ethics
c/ The persons participating in the civil transaction act completely voluntarily
2. The forms of civil transactions shall be the conditions for such transactions to be effective in
cases where it is so provided for by law
Art 391.1: Time-limit within which offer to enter into contract remains effective
1. The time-limit within which an offer to enter into a contract remains effective shall be
determined as
follows:
(a) Where an offeror has specified such time-limit;
(b) Where an offeror has not specified the time-limit, the offer to enter into the contract is effective
as from the time the offeree receives the offer.
.
ISSUES RULE APPLICATION CONCLUSION
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Art 392: Modification or withdrawal of offers to enter into contracts
1. An offeror may modify or withdraw an offer to enter into a contract in the
following cases:
(a) If the offeree receives notice of modification or withdrawal of the offerprior to or at the same
time as receipt of the offer;
2. When the offeror modifies the contents of the offer, that offer shall be
deemed to be a new offer
Art 393: Rescission of offers to enter into contractsIf the offeror exercises the right to rescind the offer to enter into a
contract on the ground that such right was specified in the offer, the offeror
must notify the offeree and such notice shall only be effective if the offeree
receives the notice prior to the offeree providing its acceptance of the offer to
enter into the contract.
ISSUES RULE APPLICATION CONCLUSION
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ISSUES RULE APPLICATION CONCLUSION
Art 393: Time-limits for acceptance of offers to enter into civil contracts
- Where an offeror has specified a time-limit for reply, a reply accepting shall only be
effective if it is made within that time-limit. If the offeror receives an acceptance after
the time-limit has expired, such acceptance shall be deemed to be a new offer from
the party which is late in replying.
- If a notice of acceptance of an offer to enter into a contract arrives late for objectivereasons which the offeror knows or should know, such notice shall still be effective,
unless the offeror immediately replies that it does not agree with such acceptance by
the offeree.
Art 131: Civil transactions invalid due to mistakes (Civil Code 2005)
When a party has established a transaction due to its misunderstanding of the
contents of the transactions due to unintentional mistakes made by the other party, itshall have the right to request the other party to change the contents of such
transaction; if other party does not accept such request, the mistaken party shall have
the right to request the Court to declare the transaction invalid
The case where a party has intentionally made mistakes, thus making the other party
misunderstand the contents of the transaction shall be settled in accordance with the
provisions of Art 132 of Civil Code 2005
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Friday, 5th September: the transaction can be effectivebased on the Art 122 and 124 Civil Code 2005
But Monday, 8th September:many mistakes happenwhen sending and receiving the message through
electronic means
misunderstanding the contents of the transactionsbetween Hung and Dung
consider the time of offers, acceptance for quicker
form and reply.
ISSUES RULE APPLICATION CONCLUSION
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ISSUES RULE APPLICATION CONCLUSION
The original offer between Hung and Dung has revoked
based on the Art 131 Civil Code 2005, the Art 392.1.a &
397.1 Civil Code 2005
Solution can be suggest to solve dispute: adjust following to method agreed upon
in this case.
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SITUATION 2
Case:
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CASE VIEW
A - Seller
B - Buyer
Contract: 100 tons of coffee
From: Bombay port , India
To: Saigon port, Vietnam
After contract had signed, the ship carryingthe goods sank because ofserious storm
===>>> 100 tons of coffee never arrived
===>>> B takes a legal action against A to claimdamages for breach of contract
Determine whether B can success and why ?
Boombay
port
Vietnam
port
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ISSUES
A & B belong two different countries (India & Viet Nam)
The contract had been signed
The ship carrying the goods sank because of serious storm / 100 tons of coffee
never arrived
SOLUTION
RULES Art. 769 - 1, section 7, Civil law - 2005
Art. 294 1.b, Section 1, Chapter 7, Commercial law 2005, and Art. 4-2.c,
Brussels Convention (1924)
Art. 73-2, 78-2.c in The Vietnam Maritime Code,
Art. 35 2.b & Art. 60, Section 2, Chapter 2, Commercial Law 2005
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APPLICATIONS
The Civil Code: Article 769.1:Civil contracts
1.The rights and obligations of parties to a [civil] contract shall be determined in accordance with
the laws of the country in which the contract is performed, unless otherwise agreed.
A [civil] contract which is entered into in Vietnam and performed entirely in Vietnam must
comply with the laws of the Socialist Republic of Vietnam.
Where a [civil] contract does not state the place of performance, the place of performance ofthe contract shall be determined in accordance with the laws of the Socialist Republic of
Vietnam.
Commercial Law 2005 of Vietnam:
Article 35- 2.b/In cases where the contract contains a provision on goods transportation,
the seller is obliged to deliver goods to the first carrier;
Article 60. .the risk of goods loss or damage shall be passed to the purchaser as fromthe time the contract is entered into.
Art. 294: Cases of exemption from liability for breaching acts. 1.b / A force majeure
event occurs;
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CONCLUTIONS
B can not success
Because: The firstly, responsibility belong
to Carrier after the contract was signed.
The second, responsibility of ensuring for
goods carried on the ship belong to the
carrier, but the accident happened is the
unforeseen conditions
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