KEYS

For Mid-Term exams “Introduction to Vietnamese Legal System”

Part I. Multiple choice questions:

1. a 2.c. 3. a 4.c 5. c

6. c 7. a 8. c 9. c 10.c

Part II – Writing assignments

Question 1. Problem – solving case:

Case fact:
- Hoang and Kien concluded a civil transaction on sale of LCD tv set, with Hoang being
intimidated
- Kien resold it for Nga, a third bona fide buyer
- Hoang wants to nullify the sale of TV due to “threat and deception” basis and thus I
claimed back the TV set
Analyze:
a. This case involves matter relating to material relations over a property (LCD tv set),
thus it’s regulated by Civil law.
b. Kien and Hoang has concluded a civil transactions on sale of LCD television set,
which is movable property not required for ownership registration. The fact of price
being reduced at half-price rate can be presumably caused by Kien and his brothers’
threat imposed on integrity of Hoang’s property. Under Art 132 of VCC 2005, such a
civil transaction is invalid (name of article can be missed but the “invalid due to
deception or threat” basis must be referred to)
c. Nga agreed to buy the LCD tv set from Kien in good faith (bona fide), so this is also a
valid transaction and from that moment she has ownership over the LCD tv set. She’s
also a good faith third party to the first civil transactions. Under Art 138 of VCC 2005,
Nga is protected as bona fide third party. Moreover, she’s secured with exemption clause
that “Kien shall bear all legal responsibilities for this LCD”.
d. Under Art 257, Hoang has no rights to claim back from Nga, the bona fide 3rd party,
the LCD television due to the exemption clause that Nga made with Kien.

From above facts, the case can be settled as follows:

1. Hoang can and will claim back the TV set from Kien, based on invalidity
of their civil transactions (concluded with threat). The effect of invalid
transaction in this case is provided with Art 137, Kien, by any means shall
return to Hoang the LCD television set in the same state and conditions as
when it’d been transferred to Kien
2. Kien, who had already transferred the property to Nga with special clause,
shall ask her for a nullification of the LCD sell. Since Nga can exercise
her ownership rights as she wish, she may:
 Agree to nullify the civil transactions and return the LCD to Kien (for his
further return to Hoang).
  Refuse at all to deal further as she acquired bona fide ownership over the
LCD. In this case we may presume that Kien shall buy another LCD, of the
same status and conditions as the one sold to Nga, to return to Hoang.
 Make a new civil transaction, i.e sell it back to Kien, with or without
higher price as she whishes.

Question No 2.
(Please see my attached list for the correct and best-marked answer). 8 points added for
full description of natures of Natural and Legal Persons. 7 points added for comparison.

Question No 3.
(Please see my respective slides for the correct basic answer. Added points are dependant
on examples and explanations students may give in the essays). 15 points for completed
and precise “re-writing from slides” work. 5 points added for few examples given.