2015년 베트남 민법의 구조와 주요 개정 내용

Abstract

Vietnamese Civil Code 2015(hereinafter referred to as ‘the Civil Code 2015’) was passed at 10th session National Assembly XIII on November 24, 2015. The Civil Code 2015 has 689 articles and is organized into six sections, 27 chapters. Under the Civil Code 2015, where relations arise within the governing scope of civil law but are not addressed by law nor agreed by the parties and no customary practice applies, provisions of the law governing analogous civil relations shall apply. and where analogous law cannot be applied, the basic principles of civil law, case law or equity shall apply. A court may not refuse resolution of a civil case for the reason that no provision is yet available to apply. Subjects of civil legal relations include individuals and legal entities. So households and cooperative groups are not subjects of civil legal relations in the Civil Code 2015. Gender transformation is carried out in accordance with law. Ownership rights comprise the rights of an owner to possess, use and dispose of the property of the owner in accordance with law. and other rights with respect to property means the rights of an owner who directly holds or controls property under the ownership of another owner. Other rights with respect to property comprise, (a) Right to adjacent immoveable property, (b) Usufruct, (c) Superficies. There are 3 forms of ownership. : ownership by the entire people, private ownership and multiple ownership. The Civil Code 2015 has revised performance of contracts when circumstances change substantially, interest rates and the law applicable to civil relations involving foreign elements.