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Civil obligations homework
Pháp luật đại cương (Trường Đại học Ngoại thương)
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Exercise 1
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Civil obligations: Definition
Civil Obligation: acts whereby one or more entities must transfer objects, transfer rights,
pay money or provide valuable papers, perform other acts or refrain from performing
certain acts in the interests of one or more other subjects
Example: Obligation to pay the bill in time, Obligation of conduct military service,
Obligation to compensate the damage, etc.
Civil obligation = Civil Relation:
o 2 or more parties: Obligors & Obliges
o Objectives: Actions, non-conducting, money, valuable papers, rights, etc.
o Content: Both parties have the obligation to conduct/ non-conduct actions for
the interests of each other.
Element
Legal Relations
Civil Obligations
Examples
Subjects
Contents
Obligors
Obligations
Obliges
Rights
Person
Government
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Objects
Rights
Papers
Action
Non-action
Money
Money
Objects
Action
Services
Rights
…
Organization
Exercise 2
Objects
Civil obligations: Example
Obligation of labor contract
Obligation of object lending
Obligation to compensate the damage
Exercise 3
Civil obligations: Types
Separate Civil Obligations
 Obligation of object lending
 Obligation to compensate the damage
Joint Civil Obligations
 Obligation of labor contract
Divisible Civil Obligations
 Obligation to compensate the damage
 Obligation of labor contract
Indivisible Civil Obligations
 Obligation of object lending
Exercise 4
Civil obligations: Example case
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Issue
Rules
Applicatio
n
the landlady wants A or B to pay the whole sum of 5M
Art 288.1 Civil Code
Base on the article 288.1, Civil obligation for joint obliges means an
obligation whereby each joint oblige may require the obligor to perform the
obligation in its entirety
Conclusion
The landlady have the right to do so
Issue
Rules
Applicatio
n
A require B to pay his portion
Art 288.2 Civil Code
Base on the article 289.1, When one person has performed an obligation in
its entirety, such person may require the other joint obligors to make payment
for their respective shares of the joint obligation to such person
A can require B to pay his portion
Conclusion
Issue
Rules
Applicatio
n
Conclusion
Exercise 5
Issue
Rules
Applicatio
n
Can the landlady require A and B to pay the rent (of 60 m VND) for one year
at a time
Art 290.2 Civil Code
Base on the article 290.2, an obligor may perform the obligation in stages, unless
otherwise agreed
The landlady only has the right to do so if A and B agree
Civil Obligations: Securities for Performance
A persuades B to proceed on lending the sum
Art 292 Civil Code
Base on the article 292, An obligor can use several securities for their
performance as:
 Pledge of property
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Mortgage of property
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Deposit
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Security collateral
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Escrow deposit
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Title retention
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Guarantee
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Fidelity guarantees
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Lien on property
Conclusion
A can use those method to persuade B
Issue
Rules
Applicatio
A does not have his own asset
Art 335 Civil Code
Art 335 allows an undertaking made by a third person to an obligee to
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n
Conclusion
perform an obligation on behalf of an obligor if the obligation falls due and
the principal fails to perform or performs incorrectly the obligation.
A can have a third person to guarantee the debt if he don’t have his own asset
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