legal group 4

7/29/2019 Legal Group 4

1/16

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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Whether the original offer has been accepted or revoked?


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Art 122 Civil Code 2005

Art 391 - 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.

.



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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.



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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.



10/16


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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