Chương 1- Nghĩa vụ hợp đồng

Chapter 1
Civil Obligation
TAN P.P. NGUYEN
UNIVERSITY OF ECONOMIC AND LAW

S


Obligations in Civil Code

S Definition
S Bases for giving rise to obligations
S Classification of obligations

S Transfer the right to demand/ transfer obligation
S Performance of obligations
S Termination of obligations


2.1 Definition and features of
obligation
S Definition: Article 274 CC 2015
S 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).

Subjects (Chủ thể) of
obligations
S Obligors (bên có nghĩa vụ)
S Obligees (bên có quyền)


Objects of obligations

S The objects (Đối tượng) of an obligation may be property or

acts which must be performed or acts which must not be
performed.
S The objects of an obligation must be defined precisely.


2.2 Bases for giving rise of
obligations
hợp đồng

S 1. Contracts;

hành vi pháp lí đơn phương

S 2. Unilateral legal acts;

Hành vi khơng được ủy quyền

S 3. Unauthorized performance of acts;

Chiếm hữu, sử dụng, hưởng lợi trái pháp luật về tài sản

S 4. Unlawful possession or use of or receipt of benefits from

property;

nhặt được của rơi thì chủ sở hữu đến xác nhận thì sẽ hồn trả lại cho thân chủ/ bảo quản tài sản hoặc giao lên cho chính
quyền.

S 5. Causing damage through unlawful acts;
gây thiệt hại bằng hành vi trái pháp luật

S 6. Other bases as provided by law.
các căn cứ khác theo quy luật pháp luật


chuyển quyền yêu cầu

2.3 Transfer right to demand
(Art. 365 C.C.2015)
S A party having the right to demand the performance of a

civil obligation may transfer such right to demand to a
subrogatee of the obligee as agreed, except in the
following cases:
S The right is the right to demand support or the right to
demand compensation for any damage resulting from
harm to life, health, honor, dignity or reputation;
S The obligee and the obligor agree that the right to
demand may not be transferred;
A cho B mượn tiền, C mượn tiền A. Vậy A có thể qua địi trực tiếp với C.

Điều kiện: phải có sự đồng ý bên có quyền cuối cùng (bên thế quyền),
Phải thông báo cho C.


S Where a person having a right to demand transfers such

right to a subrogatee, the subrogatee of the obligee shall
become the person having the right to demand. The transfer
of right to demand does not require the consent of the
obligor.
S A person transferring a right must notify the obligor in

writing of the transfer of the right to demand, unless
otherwise agreed. If the person transferring the right fails to
notify the obligor thereby the obligor incurs expenses, the
person transferring the right must pay for those expenses.


2.4 Transfer obligation
(Art. 370 C.C.2015)
S An obligor may transfer a civil obligation to a

subrogatee of the obligor with the consent of the
obligee, except where the obligation is personal to the
obligor or where the law provides that the obligation
may not be transferred.

S Upon a transfer of the obligation, the subrogatee of

the obligor shall become the obligor.

S Where a secured civil obligation is transferred, the

security shall terminate, unless otherwise agreed.


2.5 Performance of obligations
S Article 277. Places for performing obligations
S Article 278. Time-limits for performing obligations
S Article 279. Performance of obligations to deliver

objects

S Article 280. Performance of obligations to pay

money

chậm 1 ngày là nghĩa vụ phải trả.

S Article 287. Performance of severable obligations

S Article 288. Performance of joint obligations


Places for performing obligations
S The place for performing an obligation shall be

agreed by the parties.
S Where the parties do not have an agreement, the

place for performance of the obligation shall be:
S a) The location of the immoveable property, if the

object of the obligation is immoveable property;
S b) The place of residence or head office of the
obligee, if the object of the obligation is moveable
property.


Time-limits for performing obligations
S The time-limit for performing an obligation shall be as

agreed by the parties or as provided by law.
S If the obligor performs the obligation prior to the time-

limit and the obligee accepts such performance, the
obligation shall be deemed to have been fulfilled on time.
S Where the parties do not have an agreement on the time-

limit for the performance of a civil obligation, a party may
fulfill the obligation or demand the fulfillment of the
obligation as the case may be at any time, but must give
reasonable prior notice to the other party.


Performance of obligations to deliver
objects
S A person having the obligation to deliver an object must

take care of and preserve the object until the time of

delivery.
a distinctive object : vật đặc định là vật duy nhất
khơng có vật thứ hai

S Where an object to be delivered is a distinctive object,

the obligor must deliver that particular object in the
same condition as agreed. If there is no agreement as to
the quality, the object delivered must be of average
muốn mua đúng cái xe đó thì người bán phải giao đùng cái xe đó khơng được giao xe khác cùng loại. Áp dụng điều
quality. Khi
2.

S The obligor must bear all expenses related to the

delivery of an object, unless otherwise agreed.


Performance of obligations to
pay money
S An obligation to pay money shall be performed in full,

strictly on time, at the place and by the method as agreed.
S The obligation to pay money shall include the payment of

interest on original debt, unless otherwise agreed.
Trễ 1 ngày khơng trả là tính lãi
lãi có thỏa thuận ko đc quá 20%/ năm
lãi không thỏa thuận là (306 Luật thương mại) lãi suất nợ quá hạn trung bình dựa trên án lệ 09 của TAND tối cao
một nửa mức trần (theo 468 khoản 2 BLDS)

Performance of severable
obligations
S 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.


Performance of joint obligations
S Joint obligation means an obligation which must be performed by more

than one person and which the obligee may request any one of the
obligors to perform in its entirety.
S 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.
S Where an obligee designates one person from amongst the joint obligors

to perform an entire obligation and later releases that person, the other
obligors shall also be released from performing the obligation.
S Where an obligee releases one of the joint obligors from its share of the

joint obligation, the other obligors must, nevertheless, perform jointly
their respective shares of the obligation.

2.6 Termination of obligations
(Art. 372 C.C. 2015)
A civil obligation shall terminate in any of the following
cases:
S 1. The obligation is fulfilled;
S 2. As agreed by parties;

S 3. The obligee waives performance of the obligation;
S 4. The obligation is substituted by another civil obligation;
S 5. The obligation is offset;
S 6. The obligee and the obligor merge;


2.6 Termination of obligations
(cont.)
S 7. The limitation period for a release from the civil obligation has

expired;

S 8. The obligor being a natural person dies, or the obligor being a

juridical person (legal entity) ceases to exist, and the obligation must
be performed by that particular natural person or juridical person;

S 9. The obligee being a natural person dies and the right to demand

does not form part of the inheritance property, or the obligee being a
juridical person (legal entity) ceases to exist and the right to demand
is not able to be transferred to another juridical person;

2.6 Termination of obligations
(cont.)
S 10. A distinctive object which is the subject matter of the

civil obligation no longer exists and is substituted by another
civil obligation.
S 11. Other cases as provided by law.


Case Law
S Practice in class