Ex1:

 Civil Obligation: acts whereby one or more entities must transfer objects, transfer
rights, pay money or provide valuable papers, perform other acts or refrain from
performing certain acts in the interests of one or more other subjects
 Example: Obligation to pay the bill in time, Obligation of conduct military
service, Obligation to compensate the damage, etc.
 Civil obligation = Civil Relation:
- 2 or more parties: Obligors & Obliges
- Objectives: Actions, non-conducting, money, valuable papers, rights, etc.
- Content: Both parties have the obligation to conduct/ non-conduct actions
for the interests of each other
EX3:
Separate Civil Obligations Joint Civil Obligations
Obligation of object lending Obligation of labor contract
Obligation to compensate the damage

Divisible Civil Obligations Indivisible Civil Obligation

Obligation to compensate the damage Obligation of object lending
Obligation of labor contract

EX5:
1. I: Can the landlady require A or B to pay the whole sum of 5M
R: Art 288.1 Civil Code
A:
- Scenario 1: Joint obligation (e.g: when A&B are spouses)
Joint obligation means an obligation which must be performed by more than
one person and which the obligee may request any one of the obligors to
perform in its entirety.
 A1: An obligation => A&B are obliged to pay the rental fee
A2: obligation which must be performed by more than one person => met
A3:
 R: Joint obligation => applied
 the obligee may request any one of the obligors to perform in its entirety
 C: The landlady have the right to do so
- Scenario 2: Separate obligation (e.g: A&B are classmates)
 A1: An obligation => A&B are obliged to pay the rental fee
A2: obligation which must be performed by more than one person => met
A3:
 R: separate obligation => not applied
C: The landlady do not have the right to do so

2. I: Can A require B to pay his portion

R: Art 288.2 Civil Code; Art 275.3 Civil Code, Art 574 Civil code
A: When one person has performed an obligation in its entirety, such person
may require the other joint obligors to make payment for their respective
shares of the joint obligation to such person.
- Scenario 1: Joint obligation:
+ A1: one person has performed an obligation in its entirety => met
+ R: such person may require the other joint obligors to make payment
for their respective shares of the joint obligation to such person.
 A can require B to pay his portion
C: A can require B to pay his portion
- Scenario 2: Separate obligation

3. I: Can the landlady require A and B to pay the rent (of 60 m VND) for one
year at a time
R: Art 290 Civil Code
A:
1. Divisible obligation means an obligation the subject matter of which is a
divisible object or an act which is able to be divided into portions for the
purpose of performance.
=> A1: the subject matter is a divisible object or an act which is able to be
divided into portions for the purpose of performance => pay rental fee is
divisible act => met
=> R: divisible obligation => applied
2. An obligor may perform the obligation in stages, unless otherwise agreed.
 + A1: obligor => A&B
A2: unless otherwise agreed
+ R: perform the obligation in stages.
 Scenario 1: No agreement => met => R applied
Scenario 2: Agreement => not met => R not applied
C: The landlady only has the right to do so if A and B agree
EX6:
1. I: A persuades B to proceed on lending the sum
R: Art 292 Civil Code
A: An obligor can use several securities for their performance as:
 Pledge of property => not applied
 Mortgage of property => not applied
 Deposit => applied
 Security collateral
 Escrow deposit
 Title retention
 Guarantee
 Fidelity guarantees
 Lien on property
C: A can use those method to persuade B
2. I: A does not have his own asset
R: Art 335 Civil Code
A: 1. Guarantee means an undertaking made by a third person (hereinafter
referred to as the guarantor) to an obligee (hereinafter referred to as the
creditor) to perform an obligation on behalf of an obligor (hereinafter
referred to as the principal debtor) if the obligation falls due and the
principal fails to perform or performs incorrectly the obligation.

2. The parties may agree that the guarantor shall only be obliged to perform the
obligation if the principal debtor is incapable of performing it.
C: