Cù Thị Như Quỳnh PLĐC 2112450082

CIVIL OBLIGATIONS
Exercise 1-2-3:
- Civil obligations = Obligations means acts whereby one or more entities
(hereinafter referred to as obligors) 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 (hereinafter referred to as
obligees).
 Civil obligations = Social relations (relations between obligors and obligees) +
Legal norms (governed by the Civil Code)
- Examples of Civil obligations: In the market, the seller has the obligation to
provide the goods to the buyer & the buyer has the obligation to pay the seller the
money.
- Civil obligations = Legal relations + Civil law (Art 274,275) = Civil Legal
relations
Subjects Contents Objects
Must transfer objects, transfer
rights, pay money or provide
Obligors valuable papers, perform other Rights, money,
(bên có nghĩa vụ) acts or refrain form performing valuable papers
certain acts or acts which
Have the right to receive the must (not) be
benefits from objects, rights, performed
Civil obligation Obligees
(bên có quyền) money, valuable papers or certain
acts of the obligors

- Separate & Joint Civil

One or more entities
Obligations Property
(Individuals,
- Divisible & Indivisible Civil Conduct
organizations, state)
Obligations Non-conduct
Has the obligation to pay back the
Example:
B = The borrower = money and interest at the time,
Lending money
the obligor place and by the method stated in Money and
contract. Person
the contract interest
A lends money
A = The lender = the Has the right to receive the money
to person B
obligee lended and the interest
 Separate civil obligations: only B has the obligation to pay back the money and
interest to A
 Indivisible civil obligation

Exercise 4:
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a) A and B are co-tenants -> They are performing a joint obligation (an obligation
which must be performed by more than one person) as obligors.
-> The landlady (the obligee) can require 1 of them to pay the whole sum of 5m
VND. (Art 288.1: ”the obligee may request any one of the obligors to perform in its
entirety”)

b) In case the A has paid for B (one person has performed an obligation in its entirety), A
can require B to pay his portion (respective shares of the joint obligation) (Art 288.2)

c) The contract said that A and B must pay the rental fee of 5m/month -> A and B are
performing a divisible obligations (an act which is able to be divided into portions)
The landlady (the obligee) can NOT require A and B to pay 60m/year at a time.
(An obligor may perform the obligation in stages, unless otherwise agreed)
(Art 290.1 & 290.2)

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Cù Thị Như Quỳnh PLĐC 2112450082

Exercise 5:
a) There are a few ways for A to secure the performance of obligations (persuade
B that A will pay back the borrowing and to lend him the money): (Art 292)
- Pledge of property (Cầm cố tài sản)
- Mortgage of property (Thế chấp tài sản)
- Deposit (Đặt cọc)
- Security collateral (Ký cược)
- Escrow deposit (Ký quỹ)
- Title retention (Bảo lưu quyền sở hữu)
- Guarantee (Bảo lãnh)
- Fidelity guarantees (Tín chấp)
- Lien on property (Cầm giữ tài sản)
b)
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Copy bài của đứa khác tham khảo :))

a, Can the landlady require either of them to pay the whole sum of 5 million VND?
→ There is no agreement between two parties related to the sharing of paying the rent among A and B. Therefore,
it depends:
 If the landlady asks A and B to share and let them know the amount of money that they have to pay per
each. Paying the rental fee is the performance of joint obligation and according to Article 288.1,
“the obligee may request any one of the obligors to perform in its entirety”, which means the landlady can
require either of them to pay the whole sum of 5 millions VND.
 If A and B agree that for example A is responsible for paying the rental fee and B is responsible for other
works, paying the rental fee becomes performance of severable obligations. According to Article 287,
“Where more than one person jointly performs an obligation and each person has a clearly defined share of
the obligation which is severable from that of the other person, each person must perform only its own
share of the obligation.” → the landlady cannot require either of them to pay the fee.
b, Assume that the landlady succeeds in requiring A to pay for B. Can A require B to pay his portion?
Issue: Assume that the landlady succeeds in requiring A to pay for B. Can A require B to pay his portion?
Rule: Article 288.2:
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.
 Analyze:
Assumption: When one person has performed an obligation in its entirety, such person
Regulation: may require the other joint obligors to make payment for their respective shares of the joint obligation
to such person.
Application:
A has performed the obligation by paying the fee for B
B has the obligation to make payment for his respective shares of the joint obligation to A
Conclusion: A can require B to pay his portion
c, Can the landlady require A and B to pay the rent (of 60m VND) for one year at a time?
→ Issue: Can the landlady require A and B to pay the rent (of 60m VND) for one year at a time?
Rule: Article 290, Civil Code of Vietnam 2015
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.
2. An obligor may perform the obligation in stages, unless otherwise agreed.
 Analyse:
Assumption:
 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.
 An obligor; unless otherwise agreed.
Regulation:
 Divisible obligation means
 may perform the obligation in stages
Application:
Paying the rent is a divisible obligation as it can be performed on a weekly or monthly basis.
A and B in this case are obligors
The case hasn’t mentioned about the agreement between the obligor and the obligee
Conclusion:
Whether the landlady can require A and B to pay the rent for one year at one time depends on the agreement
between the landlady and A and B. If both parties agree, the landlady can require one-year rent from A
and B. If not, she cannot require them to do so.