Group member: Dang Thi Hoang Oanh Tran Thi Ngoc Oanh Hoang Vu Thi Ut Quyen Hoang Ngoc

Son Nguyen Ngoc Son Lam Thi Cam Tam

LOGO

Lecturer: Dr. Ha Thi Thanh Binh, LLD

Case:

SITUATION 1

ISSUES

RULE

APPLICATION

CONCLUSION

Hung received

Dung sent before 9.00 am

Whether the original offer has been accepted or revoked?

ISSUES

RULE

APPLICATION

CONCLUSION

Whether the original offer has been accepted or revoked?

ISSUES

RULE

APPLICATION

CONCLUSION

Art 122 Civil Code 2005

Art 391 - Civil Code 2005 Art 392 - Civil Code 2005 Art 393 - Civil Code 2005 Art 397 - Civil Code 2005

Art 131 Civil Code 2005

ISSUES

RULE

APPLICATION

CONCLUSION

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 law and 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. .

ISSUES

RULE

APPLICATION

CONCLUSION

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 offer prior 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 contracts If 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.

ISSUES

RULE

APPLICATION

CONCLUSION

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 objective reasons 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, it shall 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

ISSUES

RULE

APPLICATION

CONCLUSION

Friday, 5th September: the transaction can be effective based on the Art 122 and 124 Civil Code 2005

But Monday, 8th September: many mistakes happen when sending and receiving the message through electronic means misunderstanding the contents of the transactions between Hung and Dung consider the time of offers, acceptance for quicker form and reply.

ISSUES

RULE

APPLICATION

CONCLUSION

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.

Case:

SITUATION 2

CASE VIEW
Contract: 100 tons of coffee A - Seller B - Buyer From: Bombay port , India To: Saigon port, Vietnam After contract had signed, the ship carrying the goods sank because of serious storm ===>>> ===>>> 100 tons of coffee never arrived B takes a legal action against A to claim damages for breach of contract Determine whether B can success and why ?

Boombay port

Vietnam port

SOLUTION
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

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

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 of the 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 from the time the contract is entered into. Art. 294: Cases of exemption from liability for breaching acts. 1.b / A force majeure event occurs;

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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