What is civil act capacity?

The capacity to establish and perform civil rights and obligations through acts.

What is a legal/juridical person?

An entity established lawfully, with an executive body, independent property, and the ability to enter into legal relations.

An agreement between parties regarding the establishment, modification, or termination of civil rights and obligations.

What are the requirements for a valid contract?

1. Mutual consent. 2. Legal purpose. 3. Capacity of parties.

What happens if a contract is invalid?

It shall not give rise to civil rights and obligations, and parties must restore what they received.

What is an offer in contract law?

A clear expression of intention by the offeror to enter into a contract.

How can an offer be accepted?

By a reply from the offeree accepting the entire contents of the offer.

What is the definition of property in civil law?

Property comprises objects, money, valuable papers, and property rights.

What are ownership rights?

Rights of an owner to possess, use, and dispose of property in accordance with law.

The practice of passing a decedent’s assets to their heirs.

What types of inheritance exist?

1. Testamentary inheritance. 2. Inheritance at law.

A branch of law governing relationships between employers and employees under employment contracts.

What is an employment contract?

An agreement between the employee and employer on job conditions, rights, and obligations.

What are the principles of employment contracts?

Contracts must be voluntary, equitable, and comply with law and social ethics.

What is the probation period in employment?

A trial period before signing an employment contract, agreed upon by both parties.

What are the obligations of employers when terminating a contract?

Employers must provide severance pay for employees who have worked for a full 12 months.

What is labor discipline?

Regulations on compliance with time, technology, and management set by the employer.

What are the measures for handling violations of labor discipline?

1. Reprimand. 2. Wage increase extension. 3. Dismissal.

What is the role of labor mediators?

To facilitate dispute resolution between employers and employees.

What is the maximum waiting time for establishing ownership of ownerless things?

1 year for movable property and 5 years for immovable property.

What is the effect of a testament?

It takes effect from the time the testator passes away.

What are the conditions for an individual to be a legal heir?

Must be alive at the time of opening inheritance or conceived before the decedent's death.

What is the significance of Article 116 in civil law?

Defines civil transactions and their implications on civil rights and obligations.

What is the role of the court in civil act capacity?

To declare individuals as having restricted or lost civil act capacity based on requests.

What is the definition of a contract according to Article 117?

A contract must meet specific requirements to be considered valid.

What happens if an employee fails to complete their work?

Employers can unilaterally terminate the employment contract.

What is the minimum salary requirement?

Salary cannot be lower than the minimum salary provided by the government.

What is the purpose of social insurance?

To provide financial support for employees in case of unemployment, health issues, or retirement.

What is the maximum time limit for handling labor discipline violations?

Not exceeding 6 months from the date the violation occurs.

What is the definition of property rights?

Rights of an owner to possess, use, and dispose of their property.

What is the significance of Article 237 in civil law?

Outlines when ownership rights terminate.

What is the role of the labor union in handling violations of labor discipline?

Participation is compulsory in the handling process.

What is the definition of a unilateral termination of an employment contract?

When one party ends the contract without the agreement of the other party.

What are the conditions under which an employee can take maternity leave?

Female employees can take 6 months maternity leave, starting no earlier than 2 months before giving birth.

What is the definition of a testamentary inheritance?

Inheritance based on the wishes expressed in a will.

What is the role of the court in civil law regarding contracts?

To resolve disputes and declare the validity of contracts.

What is the definition of a legal/juridical person?

An entity that can enter into legal relations independently.

What is the significance of Article 390 in contract law?

Covers the cancellation of offers and the conditions for valid cancellation.

What is the definition of a civil transaction?

A contract or unilateral legal act that affects civil rights and obligations.

What is the role of the labor arbitration?

To settle disputes between employers and employees.

What is the definition of labor law?

Legal norms governing relationships between employers and employees.

What is the definition of a contract according to Article 386?

An offer to enter into a contract is a clear expression of intention by the offeror.

Civil Law and Its Features Flashcards

Student preview

141 questions

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1.

FLASHCARD QUESTION

Front

What is civil law?

Back

A branch of law in the Vietnamese legal system that governs personal and property relations of subjects in civil transactions.

2.

FLASHCARD QUESTION

Front

What are the features of civil relations?

Back

1. Freedom and voluntariness in civil transactions. 2. Equality of the parties. 3. Goodwill and honesty. 4. No abuse of civil rights. 5. Self-responsibility for commitments.

3.

FLASHCARD QUESTION

Front

What is a civil transaction?

Back

A contract or unilateral legal act that gives rise to, changes, or terminates civil rights and obligations.

4.

FLASHCARD QUESTION

Front

What does civil law regulate?

Back

1. Personal relations in civil transactions (non-property rights). 2. Property relations in civil transactions (ownership, use, transfer of assets).

5.

FLASHCARD QUESTION

Front

What are personal relations in civil law?

Back

Relationships relating to personal rights, which cannot be transferred unless provided by law.

6.

FLASHCARD QUESTION

Front

What are property relations in civil law?

Back

Relationships relating to property between people, including ownership, lease, loans, etc.

7.

FLASHCARD QUESTION

Front

Who are the subjects of civil law?

Back

Individuals and legal/juridical persons.

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