Untitled PART B SHORT ANSWER QUESTIONS 1 Provide 2 examples in which the right to dispose leaves the owner? Eg Transfer ownership rights +you owned an old TV, when you sold it to someone, it meant t.
lOMoARcPSD|13030190 PART B: SHORT ANSWER QUESTIONS Provide examples in which the right to dispose leaves the owner? Eg Transfer ownership rights: +you owned an old TV, when you sold it to someone, it meant that, you had transferred the ownership rights of the TV to them The buyer was the new owner + grandparents wrote a will to give the land to their children after death Renounce ownership rights: you owned a phone and your ownership rights of the phone was renounced when you threw your phone away and you did not care about who would pick it or the new owner of the phone Right to use: Gasoline for motorcycles is a consumable object, so when you use it, you are also disposing it Destruct the property: You break up your old house Same questions: Provide examples in which the right to use leaves the owner (189-109) Eg You own a villa in Dalat exploit the usage of property: You live in that villa enjoy the yield derived from property: enjoy the income derived from property: You rent the house to anyone who is in need and receive the money Eg Right to possess: A saw a cow stray into his garden Mr A knew it was Mr B's property but Mr A still deliberately locked the cow in the cage As such, Mr A had possessed the property (i.e., the possession of the cow), but Mr A had absolutely no right to possess the cow If you want to start up an enterprise, which of the following are you choosing: (1) a sole properietorship (2) a limited liability company (3) a joint stock company Explain your choice! Does your preference differ if you are now an employee in the enterprise instead? If I want to start up an enterprise, I will choose to establish a limited liability company because of less risk And as we know the most notable advantage of a limited liability company is that the owner of it has full authority to make decisions on all matters related to the company’s operation Besides, the owner is responsible for the debts and other property obligations of the enterprise to the extent of the charter capital of the enterprise as prescribled in Art 74 In other words, the owner of a limited liability company has to take limited responsibility If I am an employee in the enterprise now, I will go for a joint stock company instead This is because the ability to raise capital of a joint stock company is very high through the issuance of shares to the public Additionally, the capital structure of a joint stock company is very flexible, which allows many people to contribute capital to the company Moreover, the risk for my business decreases as a joint stock company has at least three shareholders and they all take responsibility to operate the company and solve all problems related to the company Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 3.Whenever being drunk, A returns home and sells whatever in the house he sees After so many times of explanation and advice, his wife B, asks People’s Committee where they live to restrict his capacity by informing in public that he has capacity restricted Is what B wants to legal? Advise B According to Article 24.1, Civil Code 2015 In this case, whenever A is drunk, he returns home and sells whatever he sees in the house It means that A worsens material situation of the family after excessive psychotropic substances consumption As a result, his wife B (person with related rights or interests) has the right to request the Court to declare A has limited legal capacity, but has no right to request the People's Committee to inform the public about A's limited legal capacity In other words, B’s asking People’s Committee where they live to restrict her husband’s capacity by informing in public that he has capacity restricted is illegal It is advisable that B should send a request to the Court to restrict her husband’s legal capacity CASE SOLVING QUESTIONS: A stole a 14-million-VND watch from B C, by chance, bought the watch from A at half price when visiting a flea market downtown which was well-known to everybody as a place marketing stuff with all types of origins year later, B spotted that this watch was in the hand of C and asked for the return Advise C! I: What should C in the event of being requested to return of the watch from B ? R: Art 166-168, 165, 179-181, 236 A: A1: Art 165.1.a: The owner = B The property= a 14-million-VND watch B possessed the watch with a legal basis or B was the legal owner of the watch A2: Art 165.2: possession of the properties which does not comply with the provisions of Clause of this Article= The watch is stolen by A This is a possession without a legal basis C buy the stolen watch => C possesses the watch illegally A3: Because C bought the watch at the flea market, there are cases: + She might not know that it was a stolen watch Art 180: Possessor = C has the base to believe that she has the right to the property under her possession = she did not know her watch was a stolen one Possession in good faith Art 236: A person unlawfully but in good faith possessing = C Because she has just been keeping the watch for year, she has not become the owner of the watch yet => C shall not become the owner of the the watch Art 166: Owner = B The person possessing, using or receiving benefits from the property = C B has the right to request C to return the watch Art 444.2: a third person = B Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 has the ownership rights with respect to all or part of the property for sale and purchase = B has the ownership rights with respect to the watch the purchaser = C C has the right to cancel the contract and require A to compensate for damage + She knew that it was a stolen watch Art 181: Possessor = C know that she has no right to the property under her possession = she knew stolen one Posssession not in good faith the watch was a Art 167: Because A stole the watch from B then sold it in flea market and C bought it from A who has no right to dispose of the property Therefore, the watch has been stolen, lost and possessed against B’s will B has the right to reclaim the watch Art 444.3: a purchaser = C knows or should know that property for sale and purchase is under the ownership of a third person = C knows that the watch was stolen C has to return the watch to B and does not have the right to demand A compensation for damage A4: Art 579.1: A person possessing or using property of another unlawfully= C possess the watch C must return the property to B – the legal owner of the watch C: It is advisable that C should return the watch for B who is lawful owner first Then, C can request A for compensation if possession in good faith If A does not take responsibility, C can sue A for damage Otherwise, if possession in bad faith, C cannot request A for compensation Is there a contract??? S1: A: I have an iphone to be sold Are you interested in it? (invitation to treat) S2: B: sure How much is it? = offer S3: A: I will sell it for no less than 10M VND = offer S4: B: 10M VND is ok, however, I will pay you in 10 days ISSUE (I): Is there a contract between A and B? RULES (R): Article 386, Civil Code 2015 Article 392, Civil Code 2015 Article 393, Civil Code 2015 Article 385, Civil Code 2015 APPLICATION (A): Article 386.1 Offers to enter into civil contracts A says: An owned the mobile phone with a legal basis A2: Art 165.2: possession of the properties which does not comply with the provisions of Clause of this Article = The mobile phone is stolen by Binh -> Binh possesses without a legal basis Binh presented the mobile phone to Chi -> Chi possesses the phone illegally A3: Because Chi received the mobile phone from An, there are cases: + Chi might not know that it was a stolen mobile phone Art 180: Possessor = Chi has the base to believe that she has the right to the property under her possession = she did not know it was the stolen mobile phone => Possession in good faith Art 236: A person unlawfully but in good faith possessing = Chi Because she has just been keeping the mobile phone for year, she has not become the owner of the mobile phone yet => Chi shall not become the owner of the mobile phone, she was just the possessor of the mobile phone Art 167: Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 Owners = Binh movable property not subject to ownership right registration= the mobile phone bona fide possessors = Chi in cases where such bona fide possessors have acquired such property through unindemifiable contracts = An gave Chi the stolen mobile phone persons who have no right to dispose of the property = An + Chi knew that it was a stolen mobile phone Art 181: Possessor = Chi know that she has no right to the property under her possession = Chi knew the mobile phone was a stolen one -> Possession not in good faith Art.166.1: Owners and/or holders of other property-related rights = Bình the persons possessing, using or receiving benefits from the property without a legal basis = Chi is possessing and using a stolen phone Bình shall have the right to request Chi to return the phone Art 579.1: A person possessing or using property of another unlawfully = Chi the property= the stolen mobile phone its owners and holders of other property-related rights = Binh Chi must return the mobile phone to Binh Conclusion: Binh has the right to reclaim the mobile phone and Chi is obliged to return it to Binh Exercise 3: A (5 years old) loves singing and would like to register for a talent competition a Advise A on how to so! Can A register by herself? I: Can A register for the competition and if not, how can she it? R: Art 116 Art 21.2 Civil Code 2015 A: Art 116 a unilateral legal act which gives rise to, changes or terminates civil rights and/or obligations = take part in the talent competion Civil transaction Art 21.2 A1= civil transactions = talent competition -> a unilateral legal act A2=A A3= A’s age=5 ( Sales and marketing; service, delivery; office manager It is owned and operated by a single individual who has a final decision about strategy, marketing and financial problems A4: Independent property => No - Owner enjoys the profit from the business - In legal terms, business = the owner No self-liability => Liability is limited to the owner’s assets (owner has to take all the risks) A5: Sole proprietorship can participates independently in some contracts in its own name C: Sole proprietorship is not a legal person I: Is a limited liability company a legal person? R: Art 74.1 Civil Code 2015 A: A1: Limited liability company is an economical organization A2: Limited liability company = legally formed (by the decision of the authorty) under the provisions of the Law on Enterprises A3: Organization structure Owner, president, CEO => Sales and marketing; service, delivery; office manager Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 It can be owned and operated by many individuals who have a final decision about strategy, marketing and financial problems A4: Independent property: self-liable for its depts A5: Participate independently in legal relations in its own name C: A limited liability company is a legal person I: Is a joint stock company a legal person? R: Art 74 Civil Code 2015 A: A1: JSC is an economical organization A2: Joint stock company = legally formed (by the decision of the authorty) A3: Organization structure Owner, president, CEO => Sales and marketing; service, delivery; office manager It is owned and operated by many individuals who have a final decision about strategy, marketing and financial problems A4: Independent property: self-liable for its depts A5: Participate independently in legal relations in its own name C: A joint stock company is a legal person Ex6: An enterprise bears a debt of 10 billion VND while its assets total billion VND – Determine the threshold 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 a The threshold of the enterprise’s liability is 10 billion VND b The enterprise is a sole propriety Owners have to cover the debt 10bil VND by their own private assets The enterprise is a limited liability company Owners don’t have to cover its debt by their own private assets = bil VND The enterprise is a joint stock company Owners don’t have to cover its debt by their own private assets = bil VND EX7: 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 not accompany the PC? Hints: Article 110, Civil Code 2015 I: Can the shop require you to pay extra money for the screen, keyboard? R: Art 110 Civil Code 2015 + 110.1: A1: Independent object + 110.2: A2: can be exploited according to its function A3: supports the exploitation of a primary object Primary object A4: part of the primary object which may be separated Auxiliary object A5: Upon performance of an obligation to transfer a primary object Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 + 110.3: A: A1: a PC set A2: can be use for many purposes: surf internet, play game, learn Primary object A3: screen supports displaying the image of the PC; keyboard helps typing A4: Part of PC but not accompany with the PC set Auxiliary object A5: You are buying a PC from an electronic shop A6: I can deal with the shop to not buy screen, keyboard since I’ve already had them C: The shop cannot require to pay extra money for screen, keyboard But if a term is agreed on just buying the PC set, I can just buy the PC set 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 I: Can the remaining assets be divided equally among two owners of the enterprise?? R: Art 111.2, Civil Code 2015 A1: object= an automobile, a set of computer, a printer, a table and a dozen of chairs A2= after being divided, is not able to retain its original characteristics and usage: when physically divided such objects, they cannot remain its original functions indivisible objects A3= When an indivisible object needs to be divided= enterprise dissolves, two owners want to divide their assets Because they are indivisible objects, they must be valued in money when it comes to the division In this case, the assets will be added by all value in money, and it equals 500m+20m+10m+20m and each will receive 275 m VND C: The remaining assets can be divided as long as they must be valued in money b If the remaining assets are to be divided equally, it means that each of the owners will receive 275m So, if either of the owners insists on keeping the automobile for himself, that person should pay 225m in money to the other owner who cannot keep the automobile for himself 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 so? Hint: Article 112, Civil Code 2015 I: Are you obligated to either refill the car or to pay for the use amount of petroleum? R: Art 112 Civil Code 2015 + 112.1: A1: Object Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 A: Art 112.2: + A1: A car +A2: after using many times, car still remains its original characteristics, appearance and useage => A non-consumable object Art 112.1: +A1: Petroleum +A2: Petroleum is is the fuel used to operate the car, which will be consumed, converted into energy when the car is running => A consumable object => Consumable may not be the object of a lease contract or of a lending contract C: You are not obligated to so because petroleum is a consumable object but if there is a prior agreement between you and the leaser that you will have to fill the petroleum or pay a fee for the amount of petroleum used then you must fulfill those obligations to the leaser Believing that the number series of 8888 is good for your fate, you are buying a motorbike with the plate-number of xxx-8888 The seller, initially agreeing so, but then changed his mind and is replacing it with another bike of the same model, year of production and quality, but with another number plate Do you have to accept the replacement? Hint: Article 113, Civil Code 2015 - I: Do I have to accept the bike of the same model, year of production and quality but with another number plate as a replacement for the bike with the plate number of xxx-8888? - R: Article 113.2, civil code 2015 - A: A1=the bike A2= which is distinguishable from other objects by its own characteristics regarding markings, appearance, color, material, nature or position= plate-number of xxx-8888 Distinctive object A3= obligation to transfer =I buy a motorbike with the plate-number of xxx-8888 and the seller has the obligation to transfer the object for me An obligation to transfer is only able to fulfill by transferring that xxx-8888 motorbike C: I will not accept that offer of the seller at any rate Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 SESSION 12: OWNERSHIP RELATIONS Exercise Anh by accident found a dropped Iphone in the university campus - Can she possess it legally? Hints: Art.s 165 → 230.1 → 180-181 I: Can Anh possess the iphone legally? R: Art 165.1d, 230.1 A: Art 165.1d - A1:a person = Anh - A2: the property with unidentified owner, which has been let drop in the ground =the Iphone dropped in the university campus - A3: in accordance with this Code and/or relevant laws Possession with legal basis Art 230.1 A1: A person =Anh A2: an object which another person has lost or mislaid= the dropped Iphone A3: If the finder is not aware of the address of the person having lost or mislaid the object: Anh does not know who is the owner because Anh found it by accident in the university campus Anh must inform or deliver the object to the people's committee or police station of the nearest commune If Anh does not inform or deliver the object to the people's committee or police station of the nearest commune and possesses it illegally -> A3 of Art 165.1d is unsatisfied Art 181 A1= possession= Anh possesses the dropped Iphone A2= the possessor knew or should have known that he/she has no right to the property under his/her possession = Anh knows he has no right over the possession Possession not in good faith C: Anh cannot possess the iphone legally Anh must inform or deliver the object to the people's committee or police station of the nearest commune or a competent authority to find the real owner of that phone - Can she own it legally? And in which situation? Hints: Art 230.2 I: Can Anh own the dropped phone she found accidentally at the university campus legally?And in which situation?? R: Art 230.2.a Civil Code 2015 A: C: Anh can legally own the dropped Iphone she found accidentally if Anh had informed or delivered the object to the people's committee or police station of the nearest commune or a competent authority and after one year from the date of the public announcement of the dropped Iphone, its owner is still not able to be identified or its owner does not claim the object and the value of the phone is up to ten-month salary base - If she keeps silence on her discovery, can she ever own the phone? Hints: Art 230.2 R: Art 230.1 Civil code 2015 A: A1= Anh A2= the dropped Iphone A3= Anh did not know the owner of the phone Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 R: Anh must inform or deliver the phone to the people's committee or police station of the nearest commune in order that a public announcement may be made notifying the owner to reclaim the dropped Iphone C: Anh cannot keep silence on her discovery because it is illegal (the person who picks up the property is forced to know that the property is not his/her own, but deliberately fails to return it to the owner or fails to hand it over to a responsible agency and sells it to another person as having committed an illegal act of illegal possession of property) Exercise As a professional diver, Bach frequently spots sunken items at the seabed Is he entitled to keep them for himself? I: Is Back entitled to keep the items for himself? R: Art 165.1d, 229, 181 A: Art 165.1d - A1=A person = Bach - A2=The property with unidentified owner, which has been let drop on the ground, left over out of inadvertence, buried or sunken =sunken items at the seabed A3= In accordance with this Code and/or relevant laws Possession with legal basis Art 229 A1:A person =Bach A2:an object which is sunken = sunken items at the seabed A3:if the owner is not able to be identified= Bach doesn’t know who is the owner A4: in accordance with regulations of law He must inform or deliver the object to the people's committee or police station of the nearest commune or a competent authority C: Bach is not entitled to keep the sunken items for himself In the event of Bach doesn’t inform and keep the items for himself, his act is illegal => A3 of Art 165.1d is unsatisfied Art 181 A1= possession= Bach possesses the sunken items A2= the possessor knew or should have known that he/she has no right to the property under his/her possession = Bach knows he has no right over the possession Possession not in good faith C: Bach is not entitled to keep the sunken items for himself SESSION 13: CIVIL OBLIGATIONS A and B are co-tenants Totally, they have to pay the rental fee of million VND/month a Can the landlady require either of them to pay the whole sum of million VND? I: Can the landlady require either A or B to pay the whole sum of millions VND? R: Art 287 Art 288.1 A: +When the co-tenants have their own agreement on separate share in the sum Art 287 Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 A1: A&B A2: jointly rent the house from the landlady A3: Each A and each B A4: each own agreement on separate share in the sum => separate civil obligation ->Each A and each B must pay his own share in the sum +When the co-tenants not have their agreement on separate share in the sum Art 288.1 A1: A&B A2: jointly rent the house from the landlady & they agree on the joint share in the sum A3: C joint cvil obligation A or B can pay the whole some on behalf of each other C: The landlady require either A or B to pay the whole sum in the event of … But she cannot require … In case of … b Assuming that the landlady succeeds in requiring A to pay for B, can A require B to pay his portion? R: Art 288.2 Civil Code 2015 Art 275.3 A: Case 1: If there was an agreement btw A&B on the equal payment for the rent so when A had already paid on the behalf of B, A can require B to pay his portion back to A Case 2: But in case of there being no agreement between them beforehand and A pay the rent on his own without any notification to B-> the act of A is unilateral legal act and unauthorized performance of act-> A may bear the whole responsibility for the payment and A cannot require B to pay his portion C: A can require in case but A cannot require in case c Can the landlady require A and B to pay the rent (of 60 m VND) for one year at a time? Hints: Art.s 287-291 R: Art 280.1 Art 290.2 Civil code 2015 A: Art 280.1 A: A&B have to pay for the rent to the landlady A&B must pay in full, strictly on time, at the place and by the method as agreed Art 290.2 A1: A&B A2: unless otherwise agreed A1 met-> A&B may perform pay the rent in stages If A2 is met, which means that they agree the other method to pay the rent -> apply Art 280.1 to make payment by the method as agreed C:The landlady can require A&B pay the whole sum for a year rental if the lease contract prescribled SESSION 14: CIVIL CONTRACTS - Offer or not? Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 displayed items with price tags, menus, ads, price quotation (báo giá) -> not an offer: ko thßa mãn clear expression ko có bound -> it is an invitation to treat (invitation to offer): because if someone wants to buy it, they have to make an offer to the seller -> mục đích cửa hàng bày đồ để lơi kéo khách vào mua hàng, đưa lời mời khách hàng đưa lời đề nghị (invitation to treat): khách hàng offer, cửa hàng có quyền accept reject (do hết hàng…) -> thủ thuật marketing -> trường hợp coi bày hàng offer, người vào muốn mua thành accept -> có hợp đồng Mà kho hết hàng ko bán người bán bị coi vi phạm hợp đồng: nên nhà làm luật ko coi việc bày bán hàng đề nghị giao kết hợp đồng, để bảo vệ người bán auction -> mßt người bán, nhiều người mua: người bán chọn người mua trả giá cao (độc quyền bán, người mua cạnh tranh: cầu> cung, giá tăng có lợi cho người bán) -> đồ quý nhiều người muốn mua, đấu giá -> người tổ chức đấu giá ko phải offer mà người trả giá người đề nghị giao kết hợp đồng tender (a formal offer to supply goods or work at a stated price): đấu thầu -> mßt người mua, nhiều người bán tiềm năng: để chọn người bán cuối (cung> cầu nên giá giảm có lợi cho người mua) -> e.g ftu muốn sửa trường, mở thầu cho nhiều cty xây dựng tham gia, điều kiện giá thấp có khả -> offer Exercise 3: -> The statement constitutes an offer: offers: The statement constitutes an acceptance: s5 statements: S2+S4 Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 + clear expression: price + intention to buy + offeror X, offeree: A S3: reject + new offer (modification) + clear expression: price + intention to sale + offeror: A, offeree: X S4: reject + modification creates new offer S5 thêm addition theo 392: reject + new offer - Conclusion: there is no contract - Bob shouldn’t be obliged to sell his Rolls to Allan because he is an offeree and didn’t accepted Allan’s offer yet - It would make a difference if Bob’s letter had stated The statement constitutes an offer: The statement constitutes an acceptance: does not exist EX 7: A and B are spouses and land co-owners A contract has been established with C for selling their land patch for billion VND Can C claim for the land patch in the following cases? a B has no idea about the contract - R: art 117.1.b civil code 2015 - Application: + A: A civil transaction = transaction between A, B & C + A1: Participants in the transaction = A, B (land co-owners) & C (buyer) + A2: act entirely voluntarily -> this assmption is not met because B does not know about the contract -> B not act voluntarily + R: shall be effective -> assumption is not met, the regulation will not be applied - C: C cannot claim for the land patch 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 - R: art 117.1.c civil code 2015 & art 200.1.c criminal code 2015 - Application: • art 200.1.c criminal code 2015 + A1: Failing to issue invoices when selling goods or services or recording the value on the sale invoice lower than the actual payment value of the sold goods or services = The contract contains the fake price of 0.5 billion VND Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 + Regulation: shall be subject to a fine of between VND 100,000,000 and 500,000,000 or a prison term of between months and years -> assumption is met, regulation will be applied -> avoiding taxation is against the law and will be punished by the law • art 117.1.c civil code 2015 + A: a civil transaction = transaction between A, B & C + A1: The purpose and contents of the transaction = to avoid taxation + A2: are not contrary to the law and/or social ethics -> this assumption is not met because avoiding taxation is contrary to the law + R: shall be effective -> assumption is not met, the regulation will not be applied - C: C cannot claim for the land patch -> đồng ý hợp đồng giả với nhau, thực khơng có xảy -> kiện tịa tịa tun bố hợp đồng mức giá 0.5 tỷ vơ hiệu vi phạm nguyên tắc fidelity, có hợp đồng giá tỷ có hiệu lực d Parties put the contract by words of mouth only - R: art 117.1 civil code 2015 - Application: + A: A civil transaction = the contract between A, B &C + A: satisfies all of the following conditions: + A1: Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction o 1st scenario: A, B & C not meet this assumption -> this assumption is not met, regulation will not be applied o 2nd scenario: A, B & C meet this assumption + A2: Participants in the transaction act entirely voluntarily = parties put the contracts by words of mouth + A3: The purpose and contents of the transaction are not contrary to the law and/or social ethics o 1st scenario: this assumption is not met -> regulation will not be applied o 2nd scenario this assumption is met -> regulation will be applied + R: shall be effective - Conclusion: only if all of the assumptions are met, when the parties put the contract by words of mouth only, C can claim for the land patch e Due to some landslide, the land patch has disappeared after the contract conclusion + R: art 117, 445 civil code 2015 + Application: art 117 civil code 2015: similar to part d, only if all of the assumptions are met, the contract between A, B&C shall be effective + Conclusion: C can claim for the land patch + Addition art 445 civil code 2015 o A1: after having purchased an object = after the contract conclusion o A2: a purchaser = C o A3: discovers defects which cause the object to lose its value or diminish its utility value = the disappear of the land patch due to o A4: the purchaser = C o A5: unless otherwise agreed Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 1st scenario: if parties have agreed in advance that after the conclusion of the contract, A&B will no longer be responsible for any defects of the land patch -> regulation cannot be applied 2nd scenario: if no otherwise agreed -> assumptions are met, regulation will be applied o R: must notify the seller immediately of such defects and has the right to require the seller to repair or replace the defective object with another object, to reduce its price and to compensate for damage, unless otherwise agreed MÞT Sà CÂU T/F The Canteen of FTU is legal person False Because it doesn’t have independent property and cannot participate in legal relations independently, but in the name of FTU, it is just a department of FTU Mortgage of property is the security method which only applied for movable asset False mortgage is usually a method of creating security interest over immovable properties, and its only in certain specified cases that it is coupled with a mortgage on movable properties thereon Exchange wedding rings is not the legal event which rising the legal marriage relation between the bride and groom True Exchange wedding rings is only a part of the wedding ceremony, and it doesn’t the legal event The legal marriage relation between the bride and groom only when they have already had marriage certificate Civil legal capacity and civil conduct capacity of legal entities appears in the same time False The civil legal capacity (of an individual means the capability of the individual to have civil rights and civil obligations and it) appears since a person was born( commences at birth and terminate at death- Art16.3) The civil conduct capacity ( shall be the capability of the individual to establish and exercise civil rights and perform civil obligations through his or her acts)commences at the age of 18 and terminate at death(since a person have enough ability to control the act) (Civil transactions of a person who has lost the capacity for civil acts must be established and performed by his or her legal representative.) International private law establishes the processes for setting disputes The warehouse is the asset which not be used to collateral False In case of mortgage of a warehouse, the mortgagor may replace commodities in the warehouse, but must strictly ensure the value of the warehouse commodities as agreed upon Limitation statues is the period which the law imposed True Limitation statues is the period which means a time-limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law (art 149.1) April put an advertisement in the newspaper advertising the sale of her computer for $500 Simultaneously, people responded to the ad by mail with formal written acceptances April is bound on contracts to sell her computer for $500 False First of all, advertisements are not formal offers, they are considered invitations to negotiate So no contract can exist based on an advertisement Besides that, April's ad was about one computer being sold Even if the six people contact her and start negotiations, she only needs to accept one offer Acceptance can be effective regardless of a person’s knowledge of the offer, as long as they have done the acts specified in the offer Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) lOMoARcPSD|13030190 GI¾I CASE Case1 : A & B are co-owner/ spouses sell lands to C with a price of billion dollars A sells without B’s awareness A & B uses force to compel C to buy Contractual price is 0.5 billion Oral contract A & B don’t know that there are gold in the ground with the value of billion I: Is the contract valid? R: Article 218.2 - Assumptions 1: Joint property - Assumptions 2: To dispose land - Assumptions 3: Agreement among owners - Assumptions 4: Without agreement on sell the land - Regulations: Disposal of joint property must be implemented 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 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 I: Is the contract valid? R: Article 391.4 Downloaded by K59 PHAM CHI MAI (k59.2013150032@ftu.edu.vn) ... Is FTU legal person? R: Art.74.1 A: A1: FTU is a university, it is a public educational organization, consisting multiple individuals A2: FTU is established by the government A3: Head of FTU: ... the name of FTU and it is just a department of FTU In the context of contract law, a bid (sự tr¿ giá) at an auction (đấu giá) is an offer Downloaded by K59 PHAM CHI MAI (k59.2013150032 @ftu. edu.vn)... business + Faculties + Depts A4: FTU has its own property: self-liable for its depts A5: FTU has its own name: use its own name in civil relations CONTRACT: party A (FTU) + legal representative =