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CIVIL LAW

CIVIL LAW. Ta Diu Thuong/Thai Do Thuy Ngoc, LLM. CONTENT. PART 1. GENERAL Definition Subject matters Methodology Effects Principles Subjects PART 2. MAIN INSTITUTIONS Civil Transactions and Civil Contracts Property and ownership rights Civil Obligations Civil Liability Inheritance.

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CIVIL LAW

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  1. CIVIL LAW Ta Diu Thuong/Thai Do Thuy Ngoc, LLM

  2. CONTENT PART 1. GENERAL • Definition • Subject matters • Methodology • Effects • Principles • Subjects PART 2. MAIN INSTITUTIONS • Civil Transactions and Civil Contracts • Property and ownership rights • Civil Obligations Civil Liability • Inheritance

  3. Part 1. general

  4. General Art. 1 Civil Code 2005

  5. Definition

  6. Subject Matters Civil Law regulates property relations and personal relations in civil activities

  7. Property relations Property relations are relations between individuals, organizations concerning a certain property

  8. Personal relations Personal Relations • Personal relations are relations among subjects relating to personal rights of individuals • Personal rights are civil rights attached to each individuals and not transferable to others…

  9. Method of regulations

  10. Effects of Civil Code 2005

  11. Basic Principles of Civil Law • Free and voluntary undertaking and agreement • Equality • Goodwill and honesty • Bearing civil liability • Respect for good morals and traditions • Respect for and protection of civil rights • Respect for State interests, public interests and legitimate rights and interests of other persons • Compliance with law • Conciliation

  12. Subjects of Civil Law • Individuals (Natural persons) • Legal entities (Legal persons) • Family households • Cooperative groups • State (special subject)

  13. Natural persons • Natural persons are the most common subjects in civil law. • To be a subject of civil law, a natural person must have civil capacity.

  14. Civil Legal Capacity 1. The civil legal capacity of an individual is his/her capability to have civil rights and civil obligations. 2. All individuals shall have the same civil legal capacity. 3. The civil legal capacity of an individual shall exist from the time he/she is born and terminate when he/she dies. (Art. 14 Civil Code 2005)

  15. Civil act capacity Subject to consent of one’s representative at law, except for transactions for daily life needs suitable to one’s age (Art 18-23 Civil Code 2005) Full civil act capacity No civil act capacity Without consent of the representative at law, if having one’s own property to ensure the performance of obligations, unless otherwise provided for by law Unless civil act capacity lost or restricted

  16. Full (art.19) In parts(art 20) Civil act capacity of a natural person N/A (art. 21) Restricted(art. 23) Lost (art. 22)

  17. Loss of civil act capacity Civil transactions to be established and performed by their representatives at law.

  18. Restricted civil act capacity • Representative at law to be decided by the Court. • Civil transactions related to the property to be subject to consent of representative at law, except for daily life transactions

  19. Legal Persons • An organization shall be recognized as a legal person when it meets all the following conditions:

  20. Civil legal capacity of a legal person

  21. Types of Legal entities

  22. Establishment of legal persons

  23. Termination of a legal person

  24. Family Households • Members have common property and jointly contribute their efforts and labor to their common economic activities in agricultural, forestry or fishery production or in a number of other production and/or business activities. • Head of household family can be any member who reach 18 years old, civil actions carried out by this representative create according rights and obligations • Property comprises: LURs, Forest URs, property which members contribute and create together, inherited in common, and others upon agreement. • Disposal of property being material for production, household property with large value to be subject to consent of all members from 15 years old; other properties: majority vote of members from 15 yrs old (art. 106 Civil Code 2005)

  25. Cooperative groups • Formed on cooperation contracts certified by People’s Committees of commune level; comprised of 3 or more people with joint objectives and property and labour force • Members shall be individuals who are full 18 years old up • Head of Cooperative is appointed by choice of members; Civil actions taken by this Head create rights and obligations for the whole Cooperative • Disposal of property being materials for production -> consent of all members. Other property -> majority of all members (Art. 111 Civil Code 2005)

  26. MAIN INSTITUTIONS 1. Civil transactions 2. Property and ownership rights 3. Civil liabilities and civil contracts 4. Inheritance

  27. Civil Transactions

  28. General A civil transaction is a contract or unilateral legal act which gives rise to, changes or terminates civil rights and/or obligations. (Chapter 6 VCC 2005)

  29. Conditions for Validity 3 conditions for civil transactions to become effective: (a) The persons participating in the transaction have the civil act capacity; (b) The purpose and contents of the transaction do not violate law and are notcontrary to social ethics; (c) The persons participating in the civil transaction act completely voluntarily.

  30. Forms of Civil transactions

  31. Forms of Civil Transactions • Civil transactions can be under any form: verbal, writing or by certain acts. • Civil transactions through electronic means shall be considered transactions in writing. • In cases where it is provided for by law that a civil transaction must be expressed in writing, notarized, authenticated, registered or permitted, such provisions must be complied with.

  32. Invalidity of Civil Transactions • Breach of legal prohibitions and/or contravention of social ethics • Falsification • Formed and performed by minors, persons having lost their civil act capacity or having civil act capacity restricted • Misunderstanding • Deception or threat • Non-compliances with form • Partial invalid – statute of limitation of 02 years since the date the transaction is entered into.

  33. Civil Contracts

  34. How to define a contract?

  35. Popular Civil Contracts Contract for sale and purchase of property/houses Contract for property exchange Contract for donation of property Contract for property loan Contract for property lease/house lease Contract for package lease of property Contract for property borrowing Service contract Contract for transportation of passengers/assets Processing Contract Contract for bailment of property Insurance contract Mandate contract Contract on Promise of reward Contract on Competition for prizes

  36. Property & Ownership Rights

  37. Property Art. 163 Civil Code 2005

  38. Types of Properties(Art. 174-181 Civil Code 2005) • Immovable/movable: Land, House and construction objects and property attached to the land * Compulsory registration of immovable property. No need for immovable, unless otherwise regulated • Yields (natural products which property generates) and profits (incomes derived from the exploitation of property) • Primary (independent objects, utilized by its functions) and auxiliary objects (directly server the utility of Primary object. Can be separated from the primary). When performing an obligation to transfer a primary object, the auxiliary object must also be transferred, unless otherwise

  39. Types of Properties(Art. 174-181 Civil Code 2005) 4. Divisible objects (upon division the objects remain original utility and nature) and indivisible objects (these objects must be evaluated in many to divide). • Expendable objects (are those which after use it loses or no longer retains its original properties, shape and functions. An expendable object cannot be the object of a lease contract or a lending contract. A non-expendable object is an object which still essentially retains its original properties, shape and functions after it has been used many times. 6. Property rights is a right which can be valued in money and transferred in civil transactions, including intellectual property rights.

  40. Types of Properties(Art. 174-181 Civil Code 2005) • Fungible objects (are those which have the same shape, properties and functions and which can be determined by units of measurement. Those of the same quality may be interchangeable) and distinctive objects (object which is distinguishable from other objects by its own characteristics regarding symbol, shape, color, material, properties or position. When transfer a distinctive object, none other than such object must be transferred) 8. Integrative objects comprise of components or parts which fit together and are connected with each other to form a complete whole in which if any component or part is missing or incorrect specifications/category, it cannot be used or its utility value will be decreased. When transferring, all the components or parts of the object must be transferred, unless otherwise agreed upon.

  41. Ownership rights:* inter-personal relationship relating to property! Art 164 Civil Code 2005

  42. Content of Ownership Rights

  43. Principle of Exercising Ownership • Bearing of risks • Registration of property ownership rights • Time to transfer ownership rights • Protection of ownership rights

  44. Owners

  45. Bases for Establishment of Ownership Rights

  46. Protection of ownership

  47. Bases for Termination of Ownership Rights • Ownership right is transferred by owner to another person • Ownership right is renounced by owner • Property is destroyed • Property is disposed of for discharge of the owner’s obligations • Property is compulsorily purchased • Property is confiscated • When other persons have established ownership rights with regard to ownerless things • Other cases provided by law

  48. Ownership Regimes • The State recognises a system of three ownership regimes. • Among which, ownership by the entire people and by collective constitutes the foundation.

  49. Forms of ownership • Common ownership by share • Common ownership by integration

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