베트남 民法上의 契約에 관한 小考 - 賣買契約을 중심으로 -

Vietnam Civil Code was passed in the National Assembly on 28th of Oct. 1995. And it has been practiced since 1st of July. 1996. It is composed of preamble, 7 sections and 838 articles. It is a milestone in the Vietnam private legal relations. Vietnam Civil Code stipulates contract. A contract is an agreement made between two or more parties, by which rights and obligations are established, amended or terminated. This definition does not differ significantly from the concept of contracts commonly recognized in other countries. Vietnamese Civil Code recognizes the freedom of contract and states “the right to freely undertake and make agreements for the establishment of civil rights and obligations in accordance with the provisions of the law is guaranteed under law.” But Civil Code gives the first priority to the principle of protecting of interest of other parties. The emphasis on the limit of this freedom is stated in article 7. of the Civil Code. Civil Code stresses on the legality of the contract, stipulating that “all legal undertaking and agreements have the effect of subjecting the parties to performance. Contract can be made in Vietnam generally in any form. But additional forms shall be necessary in many types of other contracts. Contract shall be performed in good faith and in the spirit of co‐operation, and the best benefit for the parties and in a manner which ensures mutual trust. The general concept of civil liability is that the party breaching the contract is liable to pay for damages to the injured party under the following conditions : there is a breach of the contract, Damage has occurred, The breaching party is at fault. The remedies for breach of contract under the Vietnamese Civil Code can be compensation for damages, compulsory performance of the contract, penalties for breach and cancellation of the contract. 13 essential types of contract is stipulated in Civil Code.