Unilateral termination of contract performance according to the provisions of the 2005 Civil Code

HANOI NATIONAL UNIVERSITY FACULTY OF LAW

DOAN VIET DUNG

UNILATERAL TERMINATION OF CONTRACT PERFORMANCE ACCORDING TO THE PROVISIONS OF THE 2005 CIVIL CODE

MASTER'S THESIS IN LAW

HANOI NATIONAL UNIVERSITY FACULTY OF LAW

DOAN VIET DUNG

UNILATERAL TERMINATION OF CONTRACT PERFORMANCE ACCORDING TO THE PROVISIONS OF THE 2005 CIVIL CODE

Major : Civil Law

Code : 60 38 30

MASTER'S THESIS IN LAW

Scientific supervisor : Associate Professor, Dr. Bui Dang Hieu

INDEX

Page

Cover Page Pledge Table of Contents

List of abbreviations List of tables

INTRODUCTION 1

Chapter 1 : BASIC THEORETICAL ISSUES ON UNILATERAL 7

TERMINATION OF CIVIL CONTRACTS

1.1. Overview of civil contracts and performance of civil contracts 7

1.1.1. Concept of civil contract 7

1.1.2. Implementation of civil contracts 7

1.1.3. Termination of civil contract 9

1.2. Concept of unilateral termination of civil contract performance 10

1.3. Characteristics of unilateral termination of civil contract performance

1.3.1. Civil contracts are terminated by the will of one party 15

1.3.2. The party expressing the will to terminate the contract must have the right to unilaterally terminate the performance of the civil contract.

1.3.3. Termination of civil contracts with a certain period of performance 16

1.3.4. The original purpose and wishes of one or more parties when entering into a contract are often not fully met when the contract is concluded.

end

1.3.5. To protect the rights of the party having the right to unilaterally terminate the performance of a civil contract

1.4. Classification of unilateral termination of civil contract performance 18

1.5. Comparing unilateral termination of civil contract performance 20 with cancellation of civil contract

1.5.1. Similarities 21

1.5.2. Difference 22

1.6. Comparison of unilateral termination of civil contract 23 with unilateral termination of labor contract

1.6.1. Similarities 23

1.6.2. Difference 25

1.7. Reasons leading to unilateral termination of civil contract performance

1.7.1. Unilateral termination of civil contract performance due to violation by the partner

1.7.1.1. Failure to perform obligations on time as agreed by the parties or as prescribed by law

1.7.1.2. Violation of the place of contract performance 27

1.7.1.3. Violations due to failure to perform, incorrect performance, or incomplete performance of an obligation to do a job or failure to

do a job

1.7.1.4. Violations of price and payment method 29

1.7.1.5. Violations of social ethics and security and order when performing contracts 29

1.7.1.6. Violation of goodwill, cooperation and honesty in contract performance 29

1.7.2. Unilateral termination of civil contract performance when there is no violation by the partner

1.8. Legal consequences of unilateral termination of civil contract performance

1.8.1. Unilateral termination of civil contract performance when there is a violation by the partner

1.8.1.1. The parties are not required to continue performing their contractual obligations 31

1.8.1.2. The parties pay each other the portion of the obligation that has been performed.

1.8.1.3. The party in breach of contract or the party required to terminate the contract must compensate the aggrieved party or the party

make a request to terminate the contract

1.8.2. Legal consequences of unilateral termination of contract performance when there is no breach by the partner

1.8.2.1. The parties pay each other the portion of the obligations that have been performed.

1.8.2.2. The party requesting termination of the contract may be required to pay 35 damages to the party requested to terminate the contract.

ahead of schedule

Chapter 2 : CURRENT STATUS OF PROVISIONS OF THE CIVIL CODE 36

2005 ON UNILATERAL TERMINATION OF CONTRACTS AND PRACTICAL APPLICATION OF LAW ON UNILATERAL TERMINATION OF CIVIL CONTRACTS IN OUR COUNTRY AT PRESENT

2.1. Current status of the provisions of the 2005 Civil Code on unilateral termination of contract performance

2.1.1. On the basis of the right to unilaterally terminate the performance of a civil contract

2.1.2. Regarding the number of provisions referring to unilateral termination of 38 civil contract performance

2.1.3. Regulations on cases of unilateral termination of performance of civil contracts

2.1.3.1. Unilateral termination of civil contract performance due to violation by the partner

2.1.3.2. Regulations on unilateral termination of contract performance when there is no violation by the partner

2.1.4. Regulations on notice in unilateral termination of performance of civil contracts

2.1.5.

Regulations on legal consequences of unilateral termination of civil contract performance	70
2.1.6.	Regulations on procedures for unilateral termination of civil contracts	73
2.2.	Practical application of the 2005 Civil Code on unilateral termination of contract performance	74
	Chapter 3 : DIRECTIONS FOR IMPROVING REGULATIONS	85
	OF THE CIVIL CODE ON UNILATERAL TERMINATION

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TERMINATION OF CONTRACT

3.1. The need to perfect the provisions of the Civil Code on unilateral termination of contract performance

3.1.1. On the basis of the right to unilaterally terminate the performance of 87 civil contracts and the number of civil contracts with specific provisions

unilateral termination of contract

3.1.2. On the reasons leading to unilateral termination of 88 contracts

3.1.3. On unilateral termination of contract performance before the end of 95 days of performance period

3.1.4. Regarding the issue of notification in unilateral termination of performance of 95 contracts

3.1.5. On the issue of legal consequences of unilateral termination of contract performance

3.1.6. On the procedure for unilateral termination of contract performance 97

3.2. Directions for perfecting the provisions of the Civil Code 1997 on unilateral termination of contract performance

CONCLUSION 103

LIST OF REFERENCES 105

APPENDIX 108

LIST OF ABBREVIATIONS

BLDS : Civil Code

Labor Code: Labor Code

BTTH: Compensation for damages

HĐDS: Civil contract

ĐPCDHĐ: Unilateral termination of contract performance ĐPCDHĐDS: Unilateral termination of civil contract performance ĐPCDHĐLĐ: Unilateral termination of labor contract performance NVDS: Civil obligation

TAND: People's Court

LIST OF TABLES

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