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CHAPTER-I

Uploaded by

Trần Khánh Linh
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© © All Rights Reserved
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INTERNATIONAL BUSINESS LAW

Duong Thi Thu Lan Huong 29


[email protected] Mochi 38
Ming Ming 43

10-30-60
Participate >=3: 10.0 attendance
1 absence = -1.0 attendance ; max 3 times

Reference books
Nguyen Minh Hang, Textbook on International Business Law, 2012,
VNU Publishing
Ray August, Don Mayer ; Michael B Bixby, International Business Law:
Text, Cases and Reading, 6th ed.,2014

Legal documents
Vietnamese Civil Code 2015
Vietnamese Commercial Law 2005
United Nation Convention on Contracts for the International Sale of
Goods 1980 (CISG)
Vietnamese Law on Enterprise 2020

I. Introduction to law and legal systems


II. Law on Enterprises
III. Law on international contract of sale
IV. Dispute settlement

INTRODUCTION TO LAW AND LEGAL SYSTEMS

1. What is law?
US: Common law
General terminology: rules, law, custom, morality

LAW
The law is a set of rules, enforceable by the courts, which regulate the
government of the state and governs the relationship between the state
and its citizens and between one citizen and another.

RULES
Rule is sth that tells people what they should do or should not do
Law is a rule that everyone in a community, state, or nation must follow
NOT ALL RULES ARE LAW!

Case:
Non-legal rule (parent’s)
Legal rule: “have in your possession”: violate --> using guns not having
guns => Not violate (Section 29(3)) or may violate other sections.

Non-legal rules Law


 Established by the  Established by the state
management/individuals  Changing the time
 Can be changed quickly  Valid for everyone
 Limited to the context of a group/an  Enforced through the courts
organization  Consequence of breaching is a
 Enforced by leaders of a group or prescribed sanction imposed by the gov.
individuals
 Consequence of breaching is at the
discretion of the leader of a group

Law Custom
 Custom is based on a common
consensus how things should be done
properly
 People not complying will not be
regarded as bad people, but they will be
perceived as odd, uneducated, awkward.

Law Morality
 Morality: Good and evil, right and
wrong, justice, virtue, etc.
 Besides the visual behavior it also
addresses intention and stance/attitude
 People complying with moral rules are
regared as good, just, people of virtue
HOMEWORK:

a. Custom
b. Law
c. Custom
d. Law
e. Custom + Morality
f. Law
g. Mixed (in Vietnam)
Morality (others)
=> Based on the
situations

2. Classification of law
Classify laws:

 Public law and Private law


Luật công vs Luật tư

Public law Private law


Concerns the relationships within Concerns the relationships that
governments and those between people have with one another and
governments and individuals. the rules that determine their legal
rights and duties among
themselves.

Administrative law, Constitutional Contract Law, Tort Law, Property


law, Criminal law Law, Succession Law, etc.
(Gov.may also join in as a party -
special cases)

International Trade Law (FTA - International Business Law


Free Trade Agreements, WTO (Arbitration - ICC)
Agreements, etc.)
 Common law and Civil law (Statute law)
Thông luật và Luật dân sự (Hệ thống luật Châu Âu lục địa)

Common law Civil law


(Statute law)
A common law system is based on A civil law system is based on legal
judicial precedent. codes.

Based on precedents, customs and Based on written codes (need time


judicial interpretation to update and create new ones)

(Judge-made law)
Judges can create law
Similar facts + new details =>
cannot follow the previous ones =>
based on judges’ opinions Most of Western Europe, Africa,
most of Asian countries, Vietnam
US, UK (except Scotland), Canada, (mixed), France, Germany (west of
Hong Kong, Malaysia, Singapore, Europe), etc.
etc.

Common law family


- The common law system is derived from the English common law and
is found in many parts of the English speaking world such as Australia,
Canada, England, the United States, Wales, and some British colonies.

- Common law is a collection of principles and rules based on the


decision of judges, and it is also referred to as case law or precedent.

- Doctrine of precedent: The court must follow the principles laid down in
previous/earlier similar cases

=> 2 requirements when applying precedents:


+ Similar facts
+ Decision of upper courts

How to cite a case


“Read v.Lyons (1947) A.C 156”
Plaintiff/Claimant:
Defendant:
v.: Versus - “against
1947, 156: Law Reports in 1947, page 156
A. C: Appeal Court
 Civil law and Criminal law ( X important)
Civil law Criminal law
Civil law deals with duties between Criminal law is concerned with
private parties; and any violation of forbidding and punishing certain
it is a wrong between the parties, forms of wrongful conducts wrongs
not a wrong against the whole committed against the whole
community. community.

Examples are defamation Examples are murder, assault,


(including libel and slander), theft, and drunken driving.
breach of contract, negligence
resulting in injury or death, and
property damage.

 Substantive law and Procedural law ( X important)


Luật ND vs Luật hình thức

Substantive law Procedural law


A substantive law is a law that A procedural law is a law that
creates and controls the rights and creates and controls the process by
duties of parties. which a case maybe brought before
a court and how the case is tried,
the process of settling disputes.

Law of contract, Company law, Civil Procedure Code (rule on how


Labour Law, etc. to plead in court, how to provide
evidence, etc.
3. Legal systems
Other legal systems (Self-study)
 Family of Socialist Law
 Family of Islamic Law
 Family of Indian Law
 Family of Chinese Law

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