PGS.TS Đỗ Văn Đại - Bài giảng Hiệu lực của hợp đồng (Zoom)

Summary

This legal analysis explores the effectiveness of contracts under Vietnamese law, focusing on the conditions for validity between parties and their impact on third parties. Key concepts include the requirement for contracts to be legally compliant and voluntary, the possibility of setting different effective dates, and the limits on creating obligations for third parties without their consent. The analysis also references specific legal provisions, such as Articles 401 and 402 of the Civil Code, and discusses relevant legal cases to illustrate these principles in practice. The discussion emphasizes both the autonomy of the contracting parties and the protection of third-party rights.

Takeaways

• 😀 A contract becomes effective when both parties fulfill their agreed rights and obligations, and it can only be modified or canceled with mutual consent or legal requirements.
• 😀 A contract's effectiveness requires that it does not violate legal prohibitions or social ethics. These conditions must be respected by all parties involved.
• 😀 Contracts are generally effective from the moment they are legally agreed upon, but the parties involved can also specify a different effective date, as long as it does not contravene the law.
• 😀 In cases where legal formalities are required (e.g., notarization for property contracts), the contract may only become effective after these procedures are completed.
• 😀 The effectiveness of a contract between two parties generally does not create obligations for third parties unless explicitly stated in the agreement.
• 😀 Third parties may benefit from a contract (e.g., insurance beneficiaries) even if they are not directly involved in the agreement between the primary parties.
• 😀 If a third party does not consent to the terms of a contract, it cannot be bound by those terms. However, third parties must respect the contract once it is legally valid.
• 😀 Contracts that require the fulfillment of certain legal steps (e.g., notarization) must comply with these procedures for the contract to be legally effective.
• 😀 In the context of contract law, the relationship between the contracting parties must be understood in terms of both their obligations and their rights, as well as the rights of third parties that may arise.
• 😀 The Vietnamese legal framework allows flexibility in how contracts can be formed and enforced, but strict rules govern certain types of contracts, such as those involving real estate or insurance.

Q & A

What is the primary topic discussed in the transcript?

The primary topic discussed is the effectiveness and enforceability of contracts in Vietnam, particularly focusing on the relationship between the contracting parties and their relationship with third parties.

What are the conditions for a contract to be valid between the parties involved?

A contract is valid when it does not violate any prohibitions of the law or social ethics, and both parties must voluntarily agree to the terms. It becomes effective once agreed upon and must be respected by the parties involved.

How is the effectiveness of a contract determined between the contracting parties?

According to the transcript, the effectiveness of a contract is determined by the agreement of the parties, which is subject to not violating legal prohibitions or social ethics. Additionally, the contract can only be modified or terminated based on mutual consent or legal provisions.

Can the effectiveness of a contract be delayed or set to a different date than the signing date?

Yes, the effectiveness of a contract can be delayed or set to a different date if the parties involved explicitly agree to it. For example, in insurance contracts, the effective date could be agreed upon as a later date than the signing date.

Is it possible to backdate a contract's effectiveness to a date prior to its signing?

No, a contract cannot have its effectiveness backdated to a time before it was signed. The contract only becomes effective once it has been validly entered into, and the date of effectiveness cannot precede the contract's formation.

What role does the law play in determining when a contract becomes effective?

The law plays a critical role by establishing the general rule that a contract is effective when signed, but also allows for exceptions where the parties agree to a different date of effectiveness or where specific laws require additional formalities (e.g., notarization).

How does the transcript address the relationship of contracts with third parties?

The transcript emphasizes that a contract generally does not create obligations for third parties who are not involved in the agreement. However, in certain cases, such as life insurance, the contract may grant benefits or obligations to third parties, like beneficiaries.

What are the potential consequences if a third party does not respect the contract between the original parties?

If a third party does not respect the contract, the agreement between the parties may be undermined, potentially rendering the contract void or triggering legal actions such as the seizure of assets involved in a guarantee contract.

What example does the transcript provide to illustrate the role of third parties in contracts?

The transcript provides the example of a life insurance contract, where the contract between the insurer and the insured creates benefits for third parties, such as the insured person's family, even though they are not part of the original contract.

What is the distinction between creating obligations and creating benefits for third parties in a contract?

A contract generally cannot create obligations for third parties without their consent, but it can create benefits for them. For instance, in an insurance contract, the beneficiary who is not a party to the contract still receives benefits from it.