CIVIL OBLIGATIONS

Ex1:
Civil obligations are a combination of social relations (cuz they are the relation
btw obligers and obligees) and the legal norms (Art 274)
=> Civil obligations are civil legal
Subjects Contents Objects

Employee as obligor Employees work for Work, conducts, salary,

Employer as obligee employers. properties

Employee as obligee Employers pay for

Employer as obligor employees.
.
Ex2:
A and B rent a self-driving car from C. However, in the process of using the car, it
collides with the road and is damaged.
In this case, that A and B rent a self-driving car from C is a lease contract between A, B,
and C. A and B have the right to use the car properly during the time prescribed in the
contract and have the obligation to pay the fee for the rental. In contrast, C has the right
to earn money from his/her service and has the obligation to give the car to A&B.

Ex4:
A and B rent a self-driving car from C. However, in the process of using the car, it
collides with the road and is damaged.
At this time, A and B have a joint civil obligation to compensate for C's damage, due to
the same car rental and the same fault leading to the damaged car, the liability of A and
B is determined to be 50-50. Although the obligations of both parties have been
determined, C still has the right to demand A or B pay the full amount of compensation
for him. This is the
main difference between separate obligations.

Ex5:
1. A and B are co-tenants. Totally, they have to pay the rental fee of 5 million
VND/month.
a. Can the landlady require either of them to pay the whole sum of 5 million VND?
b. Assuming that the landlady succeeds in requiring A to pay for B, can A require B to
pay his portion?
c. Can the landlady require A and B to pay the rent (of 60 m VND) for one year at a
time?

Issue Can the landlady require either Given the above, can Can the landlady
A or B to pay the whole sum of A require B to pay his require A and B to
5 million VND? portion? pay the rent of 60
milVND for one year
at a time?
Rule Art 287 Civil Code 2015 Art 288.2 Civil Code Art 288.2 Civil Code
Art 288.1 Civil Code 2015 2015
2015 Art 275.3 Art 275.3

Application Art 287: Case 1: If there was an Art 280.1:

When the co-tenants have their agreement btw A&B A: A&B have to pay
own agreement on separate on the equal pay for for the rent to the
share in the sum the rent so when A landlady A&B must
A1: A&B had already paid on pay
A2: jointly rent the house from the behalf of B, A can in full, strictly on time,
the landlady require B to pay his at the place and by
A3: Each A and each B portion back to A. the method as
A4: each own agreement on Case 2: But in case agreed.
separate share in the sum there is no agreement Art 290.2:
R: separate civil obligation between them A1: A&B
->Each A and each B must pay beforehand and A A2: unless otherwise
his own share in the sum pay the rent on his agreed
Art 288.1: own without any A1 met-> A&B may
When the cotenants do not notification to B-> the perform pay the rent
have their agreement on act of A is a unilateral in stages. If A2 is met,
separate share in the sum legal act and which means that
A1: A&B unauthorized they agree to the
A2: jointly rent the house from performance of act-> other method to pay
the landlady &they agree on the A may bear the whole the rent -> apply Art
joint share in the sum responsibility for the 280.1 to make
A3: C joint civil obligation A or B payment and A payment by the
can pay the whole some on cannot require B to method agreed.
behalf of each other pay his portion.

Conclusion The landlady cannot require
either A or B to pay the whole
sum
A can require in case The landlady can
1 require A&B to pay
A cannot require in the whole sum for a
case 2 year rental if the lease
contract prescribed

Ex5: