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analytical theory and for the author who agree with this theory they believe that

customary law is simply some principle which is assist to the main source of law

which is resonance so customary law is simply a variety of case law and this theory

ignore the fact that the operation of custom in some cases are defined by some

particular legal principle and this two sources of law exist independently

which means that customary law is not a part of resident law so about this two theory you can see in
your supporting study material

and you can read on it some basic information about this two main theory about the origin and the
role of customary law

now we come to the next part about some feature or some characteristics of customary law

so basically customary law has four main characteristics

the first one customary law are popular principles derived from social life

Second one, it must be recognized by the state to have the legal validity.

And the next one, it has unwritten nature. It means that normally customs are transferred by word
of mouth instead of being written in any forms of legal document.

And the last one, customary law is very flexible.

It means that it can be changed very easily by people in one particular society.

So the first one, customary law is a principle which stems from social life of human beings. So what
does it mean?

In our previous classes, we talked about some popular customs in Vietnam and in other countries as
well. And normally customs are some kinds of conducts or behaviors which are repeated many times
by the members of one particular society.

And it comes from some kind of traditional conduct or maybe some ethical doctrine of members of
that society.

So it stems from the social life of members in that society. And it develops from the culture, the
practice, and tradition of people.

And it becomes binding from the members of that society because it is accepted and followed
voluntarily by the members in that community.

So because it stems from the social life of one particular community, so between two different
communities, for example, two villages,

the customs of one village can be different from the other one even though they are very close
because it stems from the social life of the members in that particular community only. Any
example?
For example, there is a situation that you see that I think there is a habit between the buyer and the seller.

In the contract, the buyer and the seller have the same way of treating the customer.

It's just a very long time. I think it's silence. The consent of silence.

I think this is silence. Silence.

Silence between the parties. It's quite about silence.

It means that there is a rift about the end and the end of the contract.

Is there any kind of previous practice between those two parties to create that kind of discussion?

When one of them is silent, it means they agree. It means they agree to all the terms in the contract. If that is the first time
that they enter into a contract, can you apply that rule to the parties?

Agree means silence means agree.

Because sometimes I think that there is a species and this is the issues.

Similar. There is a legal issue. And it's you every time. Okay. I will sample that.

If I buy you about 100 kilos of rice.

And I buy you about three times.

And the first time, you and me said that you bring me in my house.

You bring me to my house. And the second time, it's silent. And the first time, you and me not said about that.

So you bring 100 kilos of rice. That's my house. Yes. And even though the other party doesn't say anything. They say
anything.

But because they have several times before performing the same contract for buying rice.

So it means this time, that party also agree on the price of that 100 kilos of rice from the other party seller. Okay. Yes.

That's correct. Like kind of practice. We agreed by both parties many times before. So it can be considered as kind of
personal value law applied to those two parties in a contract.

And it's a contract for selling rice. Yes. Any other example?

For this, the first characteristic of customary law, it comes from the social line of one particular
community. And then that kind of practice is recognized by the state,

and it becomes a regulation in a particular act or a particular code. Any other example?

This is a very big problem in our society. So it comes from a common law. So it comes from a
common law. Or a common law is a contract.

There is a common law that the contract is due to the last tree.

Is it a different law? No. It's a rule that the manager... Oh, I see.

So it comes from the last tree. So it comes from a common law. Okay. And then it comes from the
second tree. Okay.

So it comes from a common law. Yeah. Okay.

Any other example? For this first characteristic of customary law, why do you say that it comes from
social line? This.
And it practices any behavior that is repeated many times by members in one particular community.

It stems from social life and is different from the statute or legislation which reflects the will of the
state.

But this one, it reflects the will of the people, the will of the community. Any other example?

Civil law is not very major, but I remember there is a regulation in the Civil Code of 2005,

and maybe it still exists, in the Civil Code 2015, in case of a tree. Maybe, for example, your tree, and it blows. And it blows.

But then it's blank to your neighbor, your neighbor's house, and they have some kind of fruit. So, what does that fruit
belong to?

It belongs to the tree.

For example, in the past, there were people who used cows to go to the village. And then the person who found it, they
brought it home. And then they took care of it.

And they also posted a notice that there were cows there. But no one came to the village. But after they were prepared to
sell it, for example, they appeared and asked for the owner's permission to use it. So, how do you deal with it?

Immediately, there was a police officer. There were cows there. It was very beautiful.

So, what do you do when you deal with it? Once you confess the property rights of the owner. Property rights of the
owner. What do you like the owner want?

Who keep and maybe protect and develop that kind of property. They also have the right to receive the value from that
property.

I remember that in the past, there was a saying that the woman should be straight forward. Straight forward. Straight
forward. Right? Yes.

So, it seems that we can use that in some cases to protect the rights of the owner. I don't have the experience. I don't
remember how to define it.

But the way that we treat such human rights, we have to do it. Social rules. Social rules.

That's how we act to the other in social life. And it doesn't reflect the will of the state. But it reflects the will of the people.
The will of the community.

Like what we believe is fair. What we believe is justice. And then the court applies those rules in settling civil cases.
Especially when we do not have any suitable rules for the civil code.

We can use some rules for the social life. Okay.

The next one. Customary law must be recognized by the state. It means that some custom.

Some traditional custom exists in our community. And they are in compliance with the will of the
state. Or the policy of the state. And they are recognized by the state.

In that case, they become customary law. In our religion class, we say that their sub-customs are not
recognized by the state.

Because they are not in compliance with the will of the ruling class. Or maybe they are not suitable
with the will of the community nowadays. So they can't be considered as customary law.
Only customs that are in compliance. That are suitable with the will of the state. Are recognized by
the state power. And they become the customary law.

And about this second characteristic.

We have two ways for the state to recognize customs. And make them become customary law.

-The first one is through reasonable provision. For our case. It means that. We can use the way of
legislation by regulating those things in the constitution. Or in other particular act of code. For
example, we have a civil code. We clearly agree that in some specific cases.

We can apply the customary law. When there is no other suitable rules or suitable regulations from
the law.

-And the second way is that by the operation of the court. It means that in a particular case. When
the judge uses a custom to settle that case. It also recognizes that custom. And it becomes
customary law.

And the next one.

Customary law has an unwritten nature

. What does it mean? It means that it cannot be codified or unwritten nature.

. The form of a legal document for example. It can be codified. Or uncodified. Or unwritten.

Codified means that all the rules. All the regulations are gathered in one particular document. And
the other one.

Uncodified or unwritten. It means that it can be found in different documents. In different places. So
here we have the customary law.

And normally customary law doesn't have the written form. Normally it is transferred from
generation to generation by words of mouth.

Because they are practiced. Their behavior. Which are repeated many times by members in one
community. So there is no codified or there is no unwritten document.

That provides all the rules on the social behavior in that community. But they are transferred from
generation to generation. Basically by words of mouth.

So it will be mainly by the way of the mouth. There is no written form. It is just a check of all the
rules of a community.

And the most important thing is the source of the law.

And the final one. Customary law is flexible. What is flexible?.

That is the frequency and the form of this law. So, first of all, we are not making names. It is a
different nature.

And it can be changed easily to adapt to the changes, the development of the society of one
community.

Because as we already said, customary law comes from custom. And custom is behavior and conduct
which are widely accepted and followed by a member in one community.
So together with the economic development of a community, we may have new conduct, new
behavior. So it also reflects in the nature of the custom.

And we have customary law. It is very flexible. Okay.

So now we know what is custom.

What is customary law and some characteristics of customary law. So let's talk about the role of this
source of law.

What is the role or what is the meaning of customary law? What is customary law in any society?
What do we mean by customary law?

What is the role of customary law? Besides all the sources of law like precedent, legislation, and here
we have customary law.

So what is the role of this one? Support. Support? How?

Yeah. The first one is support the law maybe for in cases where there is no suitable regulation in any
act of code.

So the court can consider to use customary law to solve the system. To settle that case. Secondly, it
also protect the interest of some minor and equal groups

in our society. Yes. Any other roles of customary law?

To protect the tradition of maybe of one community? Yes.

Some communities have very few customers.

Protect this through understand the diversity of our community. Yes. To maintain the cultural
diversity. Yes.

And because we said that customary law support or supplement the law which is passed by the
state.

So do you remember which article in the Civil Code 2015 explicitly provide that in cases

where there is no suitable regulation is found? A Law of Human Rights? The Civil Code 2015, do you
remember which article in this? In the Civil Code 2015.

Which article? Civil Code 2015.

Actual. No. Actual. Factual.

Actual. What is the last one? Actual. Actual. What is the last one?

But the court should apply customs to the sole two cases when the involved parties do not reach
agreement on and the law do not provide for such cases.

The two languages are quite similar. Can you tell me the differences? The first one is applying the
same law. Phân biệt áp dụng pháp luật tương tự pháp luật và áp dụng pháp luật tương tự

The second one is applying the same law.

Yeah. Lesson number three, we continue on customary law. And in this lesson number three, we
have three main parts.
The first one, we'll talk about some basic, some main types of customs.

The second one is we'll talk about the way that the state can use to recognize or to enforce customs
and make them become customary law.

And the final one, we will talk about some requirements or requisites of a custom, which means that
what criteria that a custom has to satisfy to be considered valid from the state.

So the first one, we'll talk about some basic types of customs.

Customs are common or popular conduct or behavior with widely accepted and followed by
members in one particular community.

So we can see that we have many types, many types of customs because they are conduct from the
members.

But basically, we can divide into some main groups.

So based on the origin and application of customs, we have judicial customs and popular customs.

It depends on the interrelation between customs and the law.

We have customs which support the law, customs that protect the law, customs which is in contract
to the law.

And base on the sanction of the customs.

. Customs which contains sanctions and Customs which doesn't have any sanctions in component of
the Customs.

Among these three ways of classifying Customs, the first one is the most popular way which is used
to classify Customs.

That will be based on the origin and application of Customs, and we have two main groups.
Traditional Customs and Popular Customs.

Traditional and Popular. And in the group Popular Customs, we can classify them into two other
subordinate groups.

The first one is General Customs and the other one is Particular Customs. So now we'll talk about
this kind of Customs to see what they are.

tradition Customs are Customs which are recognized through the operation or activity of the part.

It means that only when Custom is utilized, is applied by the judge in settling one case, only in that
case that it can be considered as valid.

And the other one, Popular, which means that all the other kinds of conducts,

all the other kinds of behavior exist in our community and they don't have to be applied by the court
to be considered as a valid Custom. Here.

With the first one, the recognition of Custom is expressed in the Constitution and the recognition of
Custom. So... No, not this one. Here.

So, in all the groups of Customs, Popular, we have Great General and Particular.
General means that Customs can be applied in the whole Riyadh, in the whole country, in all local
areas.

And with the other one, Particular, it means that that Custom can be applied only in one particular
local area, not on the territory of that nation, not on the Riyadh, only in one particular location, in
one particular area.

So, the Customs which are in compliance with the will of the State or the policy of the ruling class
can be recognized by the State,

and then they become Customs very long. And I would say it has two main ways for recognizing
Customs.

The first one is registration, and the second one is by the way of Jewish theory. So, in the first
case, it's the State. So, in the first way, registration, what does it mean?

It means that the State can clearly recognize, can clearly provide about the application of Customs
very long in the legal documents, including Constitution, the Act, or the Code, which are passed by
the legislation.

For example, in Vietnam, passed by our National Assembly. And you can see this kind of recognition
in the Civil Code of 2015 when we say that in some specific cases, the Court can use Customs to
settle cases.

Because in this way, the Customs are recognized by the State by passing an Act or Code or by
providing them in the Constitution.

so it can be applied in the whole country, in the whole territory, not only in one particular area.

And basically, this way is used by the country which follows the Civil Law System. For example, in
Vietnam, what is the Civil Law System?

It can be called the Civil Law System. The Civil Law System is usually called the Civil Law System. We
have another system called the Common Law System, which we can call the Criminal Law System.
We mainly study these two systems.

It has some other laws, such as the Islamic Law System, and some other laws, depending on the
country. But normally, we do not follow the two major groups,

that is, Common Law and Civil Law. We follow the Civil Law System. Other countries, such as the
United Kingdom, the United States, Canada, and Australia,

have different laws for civil law countries like Vietnam. So, for countries which belong to the Civil
Law System,

that is the main way for recognizing and enforcing customs, by providing them in the statute, in the
act, the code, or maybe in the constitution.

The state clearly regulates that we can apply customs in some specific cases for scheduling the case.

And with the other one, the second way is by the operation of the code on the judiciary. So, in this
way, customs are recognized,

mainly by the application from the court in scheduling one particular case. It means that only when
the custom is used by the court in that case,
it means that it is recognized by the state and it becomes customary law.

So, with this way, because the recognition of customs is by the activity of the court,

so in that country, mainly there are two legal systems co-exist. The first one is the law, the act, or the
statute passed by the state, and then we have the system of the custom.

And the application of these two systems, in some cases, can lead to conflict,

which means that the application of this one can lead to a different result from the application of the
other one.

So, in order to avoid this kind of conflict in applying different sources of law, the state has to define
the jurisdiction, the subject matter in that case

to decide whether the custom can be or should be applied in that case or not, or it can use other
rules in the precedent in the statute passed by the state.

And this way is used mainly by the country in the common law system.

So, when you read this information about two ways of state for recognizing the customs and make
them become customary law,

we can see some differences in the role of the court, or the role of the judiciary in defining the
sources of law.

In Vietnam and other countries, we follow the civil law system. Normally, the judge, the judge,

judges, they don't have the power, they don't have the authority to integrate or to create

the law. They are not the lawmakers. But in common law countries, for example in USA or

in UK, the judges have the authority to integrate or to create some rules or some laws that can be
considered as the lawmakers.
What does it mean? How is it different for the judges, for the judicial system in general,

in countries with the law system like ours? How is it different? How do they do it?

When they deal with a particular case, and then they give a conclusion about that case, then why do they give a
conclusion? It's because it's a form of creating laws and

countries in the law system. Yes.

Because they apply a very complex law, so basically, the court, when they deal with

a case with similar details to that case, they will be disappointed with the court's

conclusion about the case they have dealt with. So the judge's conclusion is a form of law, a case law. So when we go to
the judges, the judge has the role of a lawmaker.

So I see that it's not just the judge who uses the court to deal with specific cases.

So after the court uses and deals with the case, the court will be considered as a court

because the court has the authority to deal with the case with similar details.

But in Vietnam, we don't have that kind of law. In Vietnam, the judge is not considered a lawmaker because basically, when
dealing with a case, the court is not considered a lawmaker.
So the judge will follow the law and doesn't apply the law like the way the court uses the case. In Vietnam, we also have
the law to deal with cases, but the law is different.

It's not like other countries. So the court will say that the case is better. So even though the court is a lawmaker, Vietnam's
law is different. And the way the court uses the case is also different from other countries.

It's not like other countries. So the court will be a little different. Yes.

In Vietnam, the way the court uses the case is through the legal process.

That is, the court will decide on the legal process. For example, in the case of a student, the court will decide on the legal
process in some special cases.

It's the legal process, not the legal process. Yes.

Yes, that's true. The residents in Vietnam are published and created by the Supreme People's Court.

And until now, we have 64 residents who are published in the official website of the Supreme
People's Court. But the point is, in Vietnam, all the courts,

when settling the case, they are not required to apply the resident.

But they can base on some content in that resident, which are published by the Supreme People's
Court, so that if they consider it necessary.

But if not, there is no sanction, there is no punishment. It means that the resident in Vietnam can
consider as the guidance for the court.

Instead of mandatory sorts of law like the countries in the common law system. Okay?

Okay. So, now, about the criteria for recognition.

So, we have, like, thousands, several systems in social life of any particular community. But only
some of them can be considered as valid.

Some of them can be enforced, can be recognized, can be recognized by the state. And they become
customary law. So, what are these requirements? SLIDE

. So, the first one is about the reasonableness

It means that customs must be reasonable in order to be considered as valid, in order to be


recognized and enforced by the state.

So, because the authority or the operation, the implication of the customs is conditional.

And it must be in conformity with justice and public unity. Any kinds of customs that violate some
rules in the society or which are not suitable with ethical values of the society cannot be considered
as valid. Any example?
Like any custom that exists for a long time in the community, but because they are not reasonable,

they are not suitable with the social values of the community, so they can't be considered valid. They can't be enforced by the state.

Any example?

Some practice or some behaviors exist for a long time in the community, but because they are not fair, they are not right,

they are not considered as justice, so they can't be recognized and accepted by the state.

Festival. About festival. Festival. Ah, killing the buffalo. Yes.

It's so dangerous. It's so dangerous. It's so dangerous about the human and it can...
and we can... damage. So it's not recognized by the state.

Yes, it's not recognized by the state, but does it still exist in some locality? As a festival?

Is it prohibited by the state? It still exists. No? It still exists? Yes, it still exists. But it's not recognized by the state to become customary
law?

Can you, in international law, be trained in the country? Yes, we have some customs for the nation
when they enter into the international relationship.

I remember what I've done is, and we have other rules for protecting the self-determination of each
nation,

and they can be considered as the customs in international law between the nations. And as you can
see, all those nations have performed on the voluntary basis,

according to the will of the nation, too. Because there is no entity, there is no one who has the
power to sanction or to punish the nation.

So normally, they perform those customs voluntarily. And I also remember one rule about the
general rule.

In the Pact of Subadda, there is a rule in the international law that the general rule is the rule of the
nation. What is it called? It's called the

So here, a custom can be applied in a situation and can be considered as customary law

if it meets the following three conditions.

The first one is the normative law exists.

The second one, the party's dispute is under the scope of the normative law.

And finally, customary law should be recognized despite the existence of minor material
discrepancy.

If a custom satisfies all of these three conditions, it can be applied to solve a case. And it can be
considered as customary law by the state.

Right, and I want you to use your study book, the study book of our class,

and you will see, look at the case number two in your study book, which is called the case

At first, I think that Ms. Lai has not the right to ask Mr. Thanh for the return of the bus school
because the bus school builds bus in the sea 19 hours by bus from Long Hai Coast.

And it's cold. Is it cold? It's called the 19-hour bus school. 19-hour bus school. 19-hour bus school.

19-hour bus school.

And Ms. Lai, in the case after Ms. Huong determined the contact and Ms. Lai's influence,

Ms. Lai's influence,


Ms. Huong replaced the bus man and Ms. Lai knew that Ms. Huong gave Ms. Thanh the first bus.

And I think Ms. Thanh is the third bus.

Ms. Thanh has the first bus. Ms. Lai is the first bus.

Ms. Lai, in my opinion, is the first bus. Ms. Lai does not stand up. Next question.

Customary should not be applied in this case because it is a dispute between Ms. Lai and Ms. Thanh,
Customary should not be applied in this case because it is a dispute between Ms. Lai and Ms. Thanh,

This is like a labor contract to hire employees to work.

So, we cannot apply the customary law. Yes.

So, the first question, from your opinion, Ms. Loan doesn't have the right to ask Mr. Tang for the
return of the bus booth because?

Because Ms. Fu builds bus spots in the sea by bus from the Long Thai Cross. And... And...

And Mr. Tang has caught fish in this area since 1992. So, what about the role of Mr. Tang?

Mr. Tang is... The first role... Mr. Hoang gave Mr. Tang the first role.

Therefore, it's... This is still... Ms. Loan... Ms. Loan still miss Tang for talking the... Ms. Loan still miss
Tang for talking the... The first role and the place of fishing.

So, who has the right for this bus booth? Me. No. Who have the right? What?

I'm asking who has the right? I'm asking who has the right?

I think that's Ms. Loan.

Ms. Loan has the right to ask Ms. Tang for the return of the bus booth.

Because he is a person in the U.S. And Mr. Huong has his first fish in the beach area since 1992.

So it's a long time.

So this is Mr. Huong's social security.

Yes, anyone else? Yeah.

I think I would say the civil court has to resolve the conflict between Mr. Huong and Mr. Phan.

And I'm sorry for the question that Mr. Huong has the right to ask Mr. Phan.

We must ask the question that Mr. Huong has the right to ask Mr. Phan. Does he have the property
right to the K-cap between him and us?

According to the civil court, to us, we have the right to ask.

People who create property have the right to ask property.

And to denounce the right, there is a must to plan by the clear list by the document.

And according to the content in the exercise, we do not have Mr. Huong.

Do not have Mr. Huong. Do not build the K-cap belongs to Mr. Huong.
So, belongs to Mr. Huong. So, I think Mr. Huong should know. Mr. Huong cannot have the right to
the brushwood.

The brushwood belongs to Mr. Huong. Unless Mr. Huong has the contract to transition the property
right to Mr. Huong.

Mr. Huong has the right to see Mr. Phan. If not, Mr. Phan has the right to make the contract with Mr.
Huong.

To use the brushwood to install his service. So, what about the relation between Mr. Huong and Mr.
Phan?

The relation between Mr. Huong and Mr. Phan is a lacework relation. Yes, between the employer
and the employee.

So, the conduct of building the K-cap 19 hours, can it be considered as a part of the task of Mr.
Huong,

calling to the relation between Mr. Huong and Mr. Phan? Yes, it can be considered as a part of the
contract.

It must use the labor regulation. It must not use the purely civil cost. It must use the labor.

You can see the AGI in the form of the labor contract. But this will not be used for the work. That's
what Mr. Huong gives him.

But in that case, so the K-cap 19 hours can it be considered as the property of Mr. Huong?

I think yes, if we can fix the rule that Mr. Huong and Ms. Phan give Mr. Huong money for the
material to build K-cap.

And yes, he gives him everything to build K-cap.

So, just the employers of Mr. Huong and the property actually belong to Mr. Huong. That is what the
money will be.

If you don't have that, that's potentially very hard to prove that the workers, the owners of the K-cap
can be the owner of the K-cap.

So, it can be the property of Ms. Phan. Or it can be the property of Mr. Huong. Yes. Yes, interesting.
Thank you.

And you are the body of the law, right? Yes. You have been working as a laborer. Normally, when
you hear the word laborer, there are many things that a laborer learns.

They have to work and own the property, create the value, for example, in Minh Hang school, she is
a lawyer. When she knows the curriculum, even though the curriculum is that she knows the name
of the family,

the right to maintain health, the right to have a good health, they will all belong to the school. So,
the property is determined to see who will benefit from that property.

The laborer or the owner of that laborer, when they create that property, they have to follow the
owner's request to create the property that they have created for the laborer to determine it. So,
this is about thinking about the case.
I haven't been in the field yet. It's not that simple. I think about the first question, whether the
person has been able to find it. To be able to find it, he must have the right to find it. The second is
whether it affects the current

accounting law or not. I think about this case. And the next week is the last class with you. This class,
we will solve this case and we will discuss the case of table 3.

If we have time, we will fix all of your questions for the rest of the class. And then, we will move on
to the next part, the precedent, so that you can discuss with your teacher. It's your precious time.

Any impression? No. So, today, we stop here. Let's get to work. Let's go.

It's not that good.

She meant to say that she is upset. She means she is upset. She is upset but I am trembling. Who is
your coach?

Thuy Dung. My coach is Thuy Nhi and Thuy Dung. After you, Because the skill of Mr. Huy is to learn
and learn

So you can learn from him? I will tell you because I have not tried it yet Yes

I have been studying for 6 years now

So you have been studying for 8 years now

Yes, I have been studying for 8 years now

So you have been studying for 8 years now Yes I was tired, I was tired, I was tired, I was tired I don't
know where What? I was also scared, I was scared like a pig

I said Alex Giem but I don't know her name What did you say? What? What did you say? Smell of
burning

Smell of burning is terrible Who? Old What? Too old to drink Too old to drink What?

Here, like this, it will end

Of course, I went to the sun, I didn't wear a sun coat Oh, I also went to the sun a lot So you are close
to people I went to the sun a lot What?

What? What? What? What? What? What? What? What?

What? What? What? What? What?

What?

What? What? What? Hey man! Hey man! Hey man!

I want a bottle of water Thank you Thank you Thank you Thank you Thank you Thank you

Why are you so loud Why do I sound like a TV play? Traveller Traveller Traveller Bye bye! Bye bye!
Bye bye!

Bye bye! Bye bye! Bye bye! Bye bye! Bye bye! Bye bye! Bye bye! Bye bye! Bye bye!

Bye bye!
Bye bye! Bye bye! Bye bye!

Bye bye! Bye bye!

Bye bye! Bye bye! Bye bye! Bye bye! Bye bye! Bye bye!

Bye bye!

Bye bye! Bye!

She has 아서

Dailed it! Why? So, how is it?

Have you not started doing some f ‫ במד‬yet? Yes, I have! It's good to see that if you're used to it,
you're going to play, aren't you?

I'm going to record it for you to see if you can do it. Now you give me one and only I can do it.

Now you have a disadvantage because I haven't done anything yet. Who else do you think you can
do? 3.4 3.4 3.4

3.4 3.4 3.5 3.5 3.4 3.4 3.4 3.4

3.4 3.4

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