Session 13

Civil Obligations

1
 Outline
I/ Overview of Civil Law in Vietnam
II/ Civil legal relations
III/ Ownership
IV/ Civil obligations
V/ Civil contracts
VI/ Tort law

2
 IV/ Civil obligations - Outline
1) Definition
2) Bases for giving rise to civil obligations
3) Types of civil obligations
4) Transfer of rights/obligations
5) Securities for Performance of Civil
Obligations

3
 Session’s Objectives
• Being able to understand:
– WHAT a civil obligation is
– WHAT TYPES of civil obligations are
– HOW to establish a civil obligation
– HOW to transfer civil rights or obligations
– HOW to secure a civil obligation

4
4.1. Civil obligations: Definition
Civil obligations = ??? (Art. 274)
E.g. of civil obligations = ??? (Art.s 274; 275)
Civil obligations = Civil Legal Relations???
Elements Subjects Contents Objects
Legal Relations
obligors the obligors and obligee's properties (money, objects,
Civil Obligations obligees rights and obligations valuable papers), conducts,
non-conducts

individuals, organizations

employer the rights and obligations salary, fringe benefits,

E.g. ??? labour obligations employee of the employer and
employee
promotion, monetary and
non-monetary rewards,...
4.2. Civil obligations: Bases
 4.3. Civil obligations: Types
Art.s 287-291
- Separate v. Joint Civil Obligations
- Divisible v. Indivisible Civil Obligations
ex: separate: homeworks assigned to each students, homework assigned to groups of students: joint
-divisible: phân chia tài sản
-indivisible:
 4.3. Civil obligations: Types
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
287, 288.1
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?288.2

c. Can the landlady require A and B to pay the

rent (of 60 m VND) for one year at a time? 290.2

Hints: Art.s 287-291

 4.4. Civil Obligations:
Transfer of rights/obligations
- Transfer of Rights
- Transfer of Obligations

9
 4.5. Civil Obligations:
Securities for Performance
- Pledge
- Mortgage
- Deposit/ Performance Bond
- Security Collateral/ Security Deposit
- Escrow Account/ Escrow Deposit
- Guarantee
- Pledge of Trust/ Fidelity Guarantee

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 4.5. Civil Obligations:
Securities for Performance
A is in debt now and would like to borrow
some money from B - his friend. B doubts
about the ability of A to return the
borrowing.
a. What A can do to persuade B to proceed
on lending the sum?
b. What if A does not have his own asset?
Hints: Art.s 292, 309, 317, 328, 331, 335,
344, 346
 Homework
1. Create your own
mind-map for
today’s session!
(It works for you in
exams! :D)
2. Read Art.s 385-
393, 398, 406,
430-569, 117 in the
Civil Code
3. Read Course
book, pp. 195-196