Professional Documents
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16. An individual with mental disorder can, by his own act, be party to
… civil transaction(s)
a.All
b.Some
c.One
d. None is correct
17. How to divide equally a television between the two spouses in a
divorce lawsuit?
a. By cutting it physically into 2 equal parts
b. By spilt it into two terms of money
c. Either a or b is correct
d. Both a and b are correct
18. In a rent contract, the tenant plays the role of:
a. The obligor
b. The oblige
c. Either a or b is correct
d. Both a and b are correct
19. The right to use properties is:
a. The right to possess properties
b. The right to dispose properties
c. Both a and b are correct
d. None is correct
20. … is illegal possession and not in good faith:
a. Thieving
b. Thieving and stealing
c. Finding a dropped thing without notification to the competent authorities
d. b and c are correct
21. The right to use property is the right to… :
a.exploit the utility of the property
b.enjoy yields and benefits of the
property c.both a and b are correct
d.either a or b is correct
22. Objects of civil obligations include…
: a.Territories
b. Conducts
c. Both a and b
d. b. and non-conducts
23. the obligor is … :
a.the party bearing the civil obligation
b.the party having the civil right
c.the seller
d.the buyer
24. A and B are co-tenants. The obligation to pay the rent of A and B is:
a.A severable obligation
b. A joint obligation
c. Both a and b are correct
d. Either a or b is correct
25. Prize competitions are … :
a. Contracts
b. Unilateral acts
c. Either a or b is correct
d. None is correct
26. In case of conflicts between a treaty concluded by Vietnam and its
domestic law, which prevails?
a. The former
b. The latter
c. Either a or b is correct
d. None is correct
27. According to Article 38 (1) of the ICJ Statute, sources of
international law consist of:
a. Treaties
b. Customary international law
c. Both a and b
d. Both c and soft law
28. According to the Civil Code 2015, measures to secure obligation
performance exclude:
a. Punitive damages
b. Pledge of property
c. Mortgage of property
d. Security deposits
29. … are family households:
a. Every household
b. Several
c. A or b is correct
30. The remote control is ... of a television:
a. An auxiliary object
b. The primary object
c. An indivisible object
d. A non-expendable object
I think what B wants is actually legal but the People's Committee doesn’t have any
judicial power so they cannot do what B asks for. The act of A returning home and
selling whatever he sees after getting drunk is considered as worsening material of the
family. Therefore according to Article 24.1, I advise that B as the person with related
rights can ask the Court to declare A as a person has limited legal capacity after
excessive consumption of psychotropic substances (alcohol).
3. Believing that the number series of 9999 is good for your fate, you are buying
a mobile simcard number of xxxxxx-9999. The seller, initially agreeing so, but
then changed his mind and is replacing it with another number. Do you have to
accept the replacement?
You don’t have to accept the replacement. Because according to Article 113.2, the
mobile sim-card number of xxxxxx-9999 is considered as a distinctive object (can be
distinguished with other sim-cards by the number on it). Article 113.2 also regulates
that: “An obligation to transfer a distinctive object is only able to fulfill by transferring
that particular distinctive object”, therefore the seller has to give you the sim-card as
agreed before and you have the right to not accept the replacement.
4. You are renting a car to travel to the countryside. When returning the car to
the leaser, you are requested to either refill the car or to pay for the used amount
of petroleum. Are you obligated to do so?
No, you’re not obligated to either refill the car or pay for the used amount of
petroleum. According to Article 112.1, petroleum is considered as consumable objects
so it may not be the object of a lease contract. Therefore you only have to pay for
renting the car, not the petroleum.
II. Case – solving problems, apply IRAC model
I: ISSUE: dua ra cau hoi
R: RULE: dua ra dieu luat ap dung
A: APPLICATION: phan tich case/law
C: CONCLUSION: ket luan
1. Born on 30/12/2004, B is leaving his hometown to start schooling at a
university. To settle down, B considers renting a room in an apartment near the
campus and fortunately has found a desirable place.
a. Can B by himself conclude a lease contract with the potential landlord?
ISSUE Can B himself conclude a lease contract with the potential landlord?
RULE
Art. 21.4 Civil Code 2015
APPLICATION
B = Individual
B’age = 17 (from fifteen to under eighteen years of age)
Lease contract = civil transactions related to real estate, movables required registration
and other civil transactions as prescribed by law
CONCLUSION
B cannot by himself conclude a lease contract with the potential landlord.
b. After one year at university, instead of concentrating on schooling, B gets
addicted to cocaine, therefore decided to quit the university and returns home.
From then on, he has sold out his household assets to cover his drugs expenses.
How can his parents stop him from doing so from a legal perspective?
ISSUE
How can his parents stop him from doing so from a legal perspective?
RULE
Art. 20 Civil Code 2015
Art. 209 Civil Code 2015
Art. 133 Civil Code 2015
Art. 167 Civil Code 2015
Art. 168 Civil Code 2015
APPLICATION
Art. 20 Civil Code 2015
B’ age = B’ age after 1 year at university, 18 or older = eighteen years of age or older
=> B is adult
B is adult
B’s share of the ownership with respect to the multiple ownership property is
specified.
=> B has the right to sell the household assets of his own share through a valid civil
transaction.
Household assets belonging to his parents are sold out by him to the bona fide third
party not subject to ownership right registration through identifiable contracts.
This property has been possessed against his parent’s will.
=> His parent can reclaim it.
Household assets belonging to his parents are sold out by him through valid
transactions to the bona fide third party stated in the Art. 133.2 Civil Code 2015
=> His parent cannot reclaim it from the bona fide third party but they may proceed
against the party at fault to refund appropriate expenses and compensate for his/her
damage.
CONCLUSION
If B sold out his own share of..., cannot do anything to stop
If...., his parents can reclaim. In the case, ...B...
1. A (5 years old) loves singing and would like to register for a talent
competition.
a. Advise A on how to do so! Can A register by herself?
b. After winning the 1st prize in the competition, A would like to put the
awarded money some in a saving account. Can A do so by herself?
c. Lots of showmen are approaching A to offer performance contracts.
Advise these persons on how to conclude contracts. Should they contact A
directly?
d. Being determined to be a professional singer, five years after the
competition, A would like to be a trainee in an entertainment company.
Can A sign the training contract by herself?
Hints:
● Art.s16-24, Civil Code 2015
● Analyze the legal norms there in!
● Determine which assumptions are met in the case(s)!
● And so what?
● Put your answers in the IRAC template!
3. An enterprise bears a debt of 10 billion VND while its assets total 1
billion VND.
● Determine the threeshold of the enterprise’s liability?
● Do its owners have to cover its debt by their own private assets in the
following cases?
● The enterprise is a sole proprietorship
● The enterprise is a limited liability company
● The enterprise is a joint stock
company Hints: Article 74, Civil Code 2015
5. You are buying a PC set at an electronics shop. Can the shop require
you to pay extra money for the screen, keyboard on the grounds that they
do not accompany the PC?
● Hints: Article 110, Civil Code 2015
6. At the moment of dissolution, remaining assets of an enterprise
comprise of:
● A 500m-VND automobile
● A 20m-VND set of computer
● A 10m-VND printer
● A table and a dozen of chairs of 20m-VND worth in total
a. How can you divide them equally among two owners of the
enterprise?
b. What if either of the two owners insists on keeping the automobile for
himself?
Hints: Article 111, Civil Code 2015
10. A and B are co-tenants. Totally, they have to pay the rental fee of 5
million VND/month.
a. Can the landlady require either of them to pay the whole sum of 5
million VND?
a. Assuming that the landlady succeeds in requiring A to pay for B, can
A require B to pay his portion?
b. Can the landlady require A and B to pay the rent (of 60 m VND) for
one year at a time?
0. A is in debt now and would like to borrow some money from B -his
friend. B doubts about the ability of A to return the borrowing.
a. What can A do to persuade B to proceed on lending the sum?
a. What if A does not have his own asset?
0. A and B are spouses and land co-owners. A contract has been
established with C for selling their land patch for 1 billion VND.
Can C claim for the land patch in the following cases?
a. B has no idea about the contract.
b. C uses forces to compel A and B to sell the land.
c. The contract contains the fake price of 0.5 billion VND to avoid
taxation.
d. Parties put the contract by words of mouth only.
e. Due to some landslides, the land patch has disappeared after the
contract conclusion.441
Article 122.
-Assumptions 1: Civil transactions
-Assumptions 2: Fail to satisfy any one of the conditions specified in
Article 117 of this code
- Regulations: Shall be invalid
Article 117.1.a.
Assumption 1: Civil transaction
A2: Legal capacity
A3: Legal personality
R: shall be effective
(contextual rule) Article 19: the legal capacity of a natural person is
his/her capability to establish and exercise civil rights and the perform civil
obligations through his/her acts.
-> A has no legal capacity.
2.
I: Is the contract valid?
R: Article 127, sentence 1+3
Regulation:
A1: A civil transaction
A2: A party
A3: Deception
Threat
Compulsion
->Right of one party to request court declare an invalid civil transaction
Literal rule of interpretation
Application:
A1: Contract between A+B and C
A2: A+B and C
A3: Compulsion is presented in the case because A+B use force to compel
C to buy the land
C: The contract is invalid.
3. I: Is the contract
valid? R: Article 391.4
A1: An offer to enter a civil contract
A2: The offer become effective
A3: Notice of modification or withdrawal
-> Shall terminate?
A:
A1: sell
land A2: 1
billion
A3: 0.5 billion
-> terminate
C: The contract is invalid.
4. I: Is the contract
valid? R: Article 502:
A1: contract relating to land use rights
-> must be made in writing in the form consistent with the provisions of
this Code.
Article 129:
A1: A civil transaction
A2: violating conditions for validity pertaining to form
-> Shall be invalid
A: Article 502:
A1:Land purchase and sale agreement between A, B and C
oral contract
-> Instead of should have been written in the form consistent with the
provisions of this Code , this contract is oral contract
-> violating the article 502.
Article 129:
A1: Land purchase and sale agreement between A, B and C
A2: violating the article 502.
-> Invalid
C: The contract is invalid.
5. A & B don’t know that there are gold in the ground with the value of 1
billion
“Pledge of property means the delivery by one party (hereinafter referred to as the
pledgor) of property under its ownership to another party (hereinafter referred to as
the pledgee) as security for the performance of an obligation.”
“1. Mortgage of property means the use by one party (hereinafter referred to as the
mortgagor) of property under the ownership of the obligor as security for the
performance of an obligation to the other party (hereinafter referred to as the
mortgagee) without transferring such property to the mortgagee.
2. The mortgaged property shall be held by the mortgagor. The parties may agree to
deliver the mortgaged property to a third person to hold.”
● APPLICATION (A):
Both pledge and mortgage all require property as security. However, the
businessperson went bankrupt and has no remaining property which is indispensable
to be considered as security. Consequently, the businessperson is unable to either
mortgage or pledge.
● CONCLUSION (C): The plan is not feasible from a legal perspective.