CHƯƠNG 7 CHẾ TÀI HỢP ĐỒNG

1. Remedies in contracts

Remedies in contracts
TAN P.P. NGUYEN
UNIVERSITY OF ECONOMIC AND LAW

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Specific performance.

¢

Penalty for breach.

¢

Compensation/Paying damages for loss

¢

Temporary cessation of performance of contract.

6

Termination of performance of contract.

@

Rescission of contract.

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1.1 Specific performance
¢

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Specific performance of contract means the aggrieved party requests
the defaulting party to implement properly the contract or to take other
measures to cause the contract to be performed, and the defaulting
party shall bear any costs incurred. (Art. 297 L.o.C. 2005)
Unless otherwise agreed, during the period of application of the
remedy of specific performance, the aggrieved party has the night to
claim damages for loss and penalty for breach but it shall not be
permitted to apply other types of remedies. (Art 299 L.o.C. 2005)
If the defaulting party fails to perform the remedy of specific
performance of the contract within the time-limit fixed by the
aggrieved party, the aggrieved party shall be permitted to apply other

remedies in order to protect its legitimate rights. (Art. 299 L.o.C.
2005)

| .2 Penalty for breach
Art 418 C.C. 2015; Art. 300, 301 L.o.C. 2005

¢ Agreements on penalty for violations are reached by
the parties to a contract which requires the violating
party to pay a fine to the aggrieved party.
6 Purposes of Penalty for breach: Prevention,
punishment.
6 Level of penalty: 8% (L.o. Commerce), 12% (L. o.

Construction)


1.3 Paying damages for loss
¢ Damages for loss means the defaulting party
pays compensation for the loss caused to the
aggrieved party by a breach of the contract.

Relationship between remedy of penalty for breach and remedy of
damages

é

Art. 307 Law on Commerce 2005.

@ Art. 418 Civil Code 2015.

6 Purpose: Compensation
6 Not allowed to priory agree the damages
6 The burden of proof of loss

1.4 Temporary cessation of performance of contract.

1.5 Termination of performance of contract

6

Art. 308, 309 L.o.C 2005

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Art. 310,311 L.o.C 2005

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Art.411 C.C. 2015

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Art .428C.C. 2015


1.6 Rescission

of contract

2. Limitation period for initiating legal action

with respect to contracts

6 Art. 319 L.o.C 2005: 2 years
6

Art 312 L.o.C 2005

@ Art. 429 C.C. 2015: 3 years

@

Art. 423, 424, 425, 426, 427 C.C. 2015

¢

The date on which the party entitled to request knows or should
know that their lawful rights and interests are infringed

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Case Law

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Practice in class

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