Lecture K60CLC
Lecture K60CLC
Lecture K60CLC
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CONTENTS
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Learning materials
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Grading Breakdown
10% Attendance
30% Mid-term exam
60% Final exam
Total: 100%
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RULES REQUIRED IN CLASS
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Chapter 1
State and Law
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I. Origin of State and Law
1. Origin of State
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What is a state?
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Essence of a state
• Class-conscious face
• Social face
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Separation/concentration
of powers
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I. Origin of State and Law
2. Origin of Law
Law
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Law is legally enforceable rules
made by authorities within a
society.
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II. Styles, functions of State
Federal Dualistic
Aristocrat
Democratic
Unitary Parliamentary
Domestic Presidential
Functions
Parliamentary
External
People democratic
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National Assembly
President
People People
Committees Ministries
Councils
vote People
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III. Sources of Law
Customs and usages Case law Legislation
(Common law) (Civil law)
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III. Sources of Law
p Legislation:
Constitution - Law of the Land
Codes
Acts
p Common Law - established by precedents, or
earlier cases decided by courts
p Customs and usages
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1. Legislation
Law making
process The Literal Rule
The Mischief Rule
The Golden Rule
ACTS interpretation
detail
Delegated legislation
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Legal documents in Vietnam
l Constitution
l Acts, Codes
l Ordinances
l Decrees Issued by??
l Orders
l Decisions
l Circulars
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Legal norms
l Stated in the legislation
l Include:
l Assumption
l Regulation
l Sanction
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Examples
l The Buyer shall be entitled not to pay in full or
pay a part if he discovers goods are in damage
upon delivery and can pay only after the Seller’s
replacement.
l A married man who lives with another as spouse
shall be imprisoned from 3 months up to 1 year.
l If the value of the leased property decreases in
comparison with its condition at the time it was
received, the Leaser shall be entitled to demand
damages.
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Legal relations
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2. Common Law
l Judge-made law;
l Two hundred years ago, almost all law was
common law; most new law is statutory.
l Common law predominates in tort, contract, and
agency law; it is important in property and
employment law.
l Based on stare decisis, meaning “let the decision
stand” (previous decisions – precedents – are
generally upheld in similar cases.)
l Incorporates predictability and flexibility.
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3. Customs and usages
Law on Commerce 2005:
Article 12. Principle of application of customs in
commercial activities pre-established between parties
Except otherwise agreed, the parties shall be regarded as
automatically applying customs in commercial activities pre-
established between them which they have already known or
ought to know, provided that such customs are not contrary to
the provisions of law.
Article 13. Principle of application of practices in
commercial activities
Where it is neither provided for by law nor agreed by the
parties, and there exist no customs pre-established between
them, commercial practices shall be applied provided that such
practices are not contrary to the principles provided for in this
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Law and the Civil Code.
IV. Types of Law
l Prosecution l Plaintiff
l Accused l Defendant
l Appellant
l Respondent
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Proof
Standard
l Beyond reasonable doubt l Balance of Probabilities
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Verdict
CRIMINAL LAW CIVIL LAW
l Guilty or Not guilty l Proven or Not proven
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Classifications of Law
Substantive Law vs. Procedural Law
p Defines rights and p Establishes
obligations of processes for
involved parties resolving disputes
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CHAPTER 2
CIVIL LAW IN VIETNAM
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Outline
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Outline
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1. Objects
Governing scope
The Civil Code provides for the legal status,
legal standards for the conduct of
individuals, legal persons, other subjects;
the rights and obligations of subjects
regarding personal identities and property
in civil, marriage and family, business and
trade, labour relations (hereinafter referred
collectively to as Civil relations).
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2. Principles
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3. Sources of Civil Law
l Constitution 2013
l Civil Code 2015
l Delegated legislations
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II. Civil legal relations
1. Parties
l Individual: age of 6- age of 15- age of 18
l Organizations:
lLegal entities
lFamily households
lCo-operative groups
lState - special party
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II. Civil legal relations (cont.)
2. Objects
- Property: types?
- Conducts
- Non-conducts
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III. Ownership
1. Elements of ownership
1) Right of possession
2) Right of usage
3) Right of disposal
2. Forms of ownership
3. Methods of ownership protection
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IV. Civil obligations
1. Definition
2. Bases for giving rise to Civil obligations
3. Types of Civil obligations:
1) Joint civil obligations
2) Divisible civil obligations
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IV. Civil obligations
4. Transfer of rights/obligations
- Transfer of rights
- Transfer of obligations
5. Securities for performance of civil obligations
- Pledge
- Mortgage
- Deposit
- Security collateral
- Escrow account
- Guaranty
- Pledge of trust…
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V. Civil contract
I. Definition
II. Principles of entering into a Civil contract
III. Entering into a Civil contract
1) Offer
2) Acceptance
IV. Forms of contract
V. Types of contract
VI. Essential elements of a valid contract
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1. Offer
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Offer invitation to treat
***
l Displaying goods for sale with the price
attached
l Advertising goods for sale through
catalogue/ media
l Tenders/auctions
l Preliminary enquiries
Invitation to treat
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The fate of the offer
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Withdraw/revoke the offer
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Rejecting an offer
l Offer can be rejected expressly or by
implication
l How can be understood “implication”?
3. Remedies l Basis
Students are required to find
the basis for these remedies
+ Penalty (fine for breach)
+ Compensation (damages)
+ Specific performance
+ Suspension
+ Stoppage
+ Avoidance
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V. Civil contract
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CHAPTER 3
INTERNATIONAL LAW
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International law
International
Private law
A a B b
A b
A B
State A State B
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I. Definition of International law
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Examples of International
public and private law
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II. Sources of Int’l Private Law
Customary law
National law: a typical case. 55
International treaty
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International treaty
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Customary law
l Custom – a long-established tradition or usage
that becomes customary law if it is:
1. Consistently and regularly observed
(Evidence of this found in official statements of
governments, opinions of legal advisors,
executive decrees, orders to military forces,
and court decisions).
2. Recognized by those states observing it as a
practice that they must obligatorily follow.
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National law
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Municipal legal systems
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Romano-Germanic Civil Law
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Islamic Law
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III. International persons
l State
l Independent state
l Dependent state
l Inchoate state
l International Organization
l Inter-governmental
organization (IGO)
l Non-governmental
organization (NGO)
l Individual
State
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IGO
l IGO charter (Ex: UN Charter) sets out its
l Aims
l Objectives
l Internal structure
l Resources
l Express powers
l IGO must be recognized to have legal
capacity – the qualification or authority
to deal with other international persons.
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The United Nations
l Most important IGO
l Its charter is a multilateral treaty
l Operate through its organs- agencies
that carry on specific functions within a
larger organizations.
l UN organs are the General Assembly, the
Security Council, the Secretariat, the
International court of Justice, the Trusteeship
Council, and the Economic and Social Council.
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Other IGOs
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Individual
l Individuals have no direct rights under traditional view of
International law.
l Two capacities: civil law capacity, civil act capacity.
l Mainly participates in international civil transactions: civil
rights and obligations.
l Being the party of international contract: contractual
rights and obligations.
l Individual may assert claim for violation of basic human
rights intended to protect all people from cruel and
inhuman treatment, threats to their lives, and persecution.
IV. Conflict of laws
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THANK YOU
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