Summary of the discussion of law study: Conditional civil transactions under the provisions of civil law of Vietnam

The purpose of the study is to clarify some theoretical issues of the law on conditional civil transactions and evaluate the current situation and practice of applying this type of transaction in Vietnam in recent years. On that basis, the thesis makes recommendations to contribute to building and perfecting the legal framework for conditional civil transactions in Vietnam.
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Summary of the discussion of law study: Conditional civil transactions under the provisions of civil law of VietnamMINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY PHUNG BINH NGOC CONDITIONAL CIVIL TRANSACTIONS UNDER THE PROVISIONS OF CIVIL LAW OF VIETNAMSUMMARY OF THE DISCUSSION OF LAW STUDY Hanoi – 2021 2 FOREWORD1. URGENTITY OF THE SUBJECT RESEARCH In civil law, civil transactions are an institution that appeared early and became an important institution. Because civil transactions are a rich form of civil exchange between people, it is one of the effective methods for the subjects participating in civil legal relations to exercise their rights and obligations. Disputes over civil transactions are also increasing and the level of complexity is increasing, requiring the law on civil transactions to be more complete. In general civil transactions, there is a conditional civil transaction, which is one of the special transactions and is frequently used by the contracting parties. Because the psychology of the parties is that the other party will break the transaction and lead to a dispute, therefore, the parties will often add additional conditions when signing a civil transaction. Therefore, the regulations on conditional civil transactions play an important role in regulating the civil relations of the market economy. However, with a few provisions in the Civil Code in 2015, the researcher found that the provisions on conditional civil transactions were still quite sketchy and showed the lack of interest from law makers on this content. Firstly, the concept of conditional civil transactions prescribed in the Civil Code 2015 is incomplete, contradictory and not logical with the concept of civil transactions. Secondly, at present, regulations on conditional civil transactions overlap with specific regulations related to conditional contracts, promised rewards, contests with prizes,... Third, regulations related to conditional civil transactions, there are still many regulations missing, such as how to be considered as a condition selected by the parties as a condition, or the rights and obligations of the parties to a transaction. Conditional civil service has not yet ensured fairness between the parties. Therefore, the study of the provisions on conditional civil transactions in the Civil Code in 2015 is an urgent issue in order to contribute to clarifying the provisions of the law related to this issue. Point out the problems and inadequacies in the implementation process and propose some solutions to overcome.2. RESEARCH PURPOSE AND TASKS - The purpose of the study is to clarify some theoretical issues of the law on conditional civil transactions and evaluate the current situation and practice of applying this type of transaction in Vietnam in recent years. On that basis, the thesis makes recommendations to contribute to building and perfecting the legal framework for conditional civil transactions in Vietnam. - Research tasks: To achieve the above research purposes, the thesis must solve the following specific tasks: 3 v First, study some theoretical issues on conditional civil transactions. v Second, analysis, assessment of the status of civil law of Vietnam and current legal documents on civil transactions with conditions on comparison and comparison with laws of a number of countries .v Thirdly, proposing improvement orientations and some specific recommendations to improve Vietnams civil law on conditional civil transactions.3. OBJECT AND SCOPE OF THE STUDY - The object of the study is the theoretical viewpoints, the theories of civil transactions in general, and conditional civil transactions in particular; legal provisions on conditional civil transactions in Vietnam and some countries in the world; practical implementation of the law on conditional civil transactions in Vietnam; requirements to be applied to complete the legal framework on conditional civil transactions in Vietnam. - Research scope ü About content: (i) Theoretically: The researcher focuses on clarifying some theoretical issues about conditional civil transactions. Specifically: concepts, characteristics, effective conditions, conditions to become conditions in conditional civil transactions, classification of conditional civil transactions; (ii) In terms of practical conditions: the actual status of the law on civil transactions in vietnam, points to the limitations and shortcomings of the law and thereby provide proposals to contribute to the improvement of the law on civil transactions in Vietnam. ü Regarding space: the thesis mainly focuses on studying domestic legal regulations, however, there are analysis and commentary on some foreign laws such as Japan, China, France, Thailand, etc. … to clarify a number of corresponding issues in the provisions of Vietnamese law on conditional civil transactions. ü About time: the thesis focuses on studying the current legal regulations to accurately assess the current status of the law on conditional civil transactions. In necessary cases, expired regulations will be invoked to clarify the conformity of current regulations with requirements and requirements of practice.4. METHODS AND RESEARCH METHODS To clarify the issues that need to be studied above, the research method in the thesis is carried out on t ...