So sánh yêu cầu hợp đồng hợp lệ giữa hệ thống pháp luật Anh và Việt Nam

The rationale for this study stems from the increasing importance of contracts in modern economies. Contracts facilitate the exchange of goods and services, ensuring legal protection for parties involved. The Vietnamese legal system has been evolving to align with international standards, particularly in contract law. However, ambiguities in contract requirements persist, leading to inefficiencies in contract enforcement. This thesis seeks to address these issues by comparing Vietnamese regulations with the more established English legal system, which is renowned for its clarity and consistency in contractual obligations.

The literature review examines previous studies on contract law in both systems. Foreign research, such as Richard Stone's 'The Modern Law of Contract,' provides a comprehensive overview of contract requirements in the English legal system. Domestic studies, including works by Dinh Van Thanh and Nguyen Minh Tuan, focus on the Vietnamese legal system, highlighting its unique characteristics and challenges. The review identifies gaps in comparative studies, particularly in analyzing the legal validity of contracts across different jurisdictions. This thesis aims to fill these gaps by offering a detailed comparative perspective.

A valid contract is defined as an agreement enforceable by law, requiring mutual consent, consideration, and lawful purpose. In the English legal system, the emphasis is on the intention to create legal relations and the presence of consideration. The Vietnamese legal system focuses on the capacity of parties, lawful content, and proper form. Both systems share common characteristics, such as the need for clear terms and mutual agreement, but differ in their approach to contract requirements.

The requirements for a valid contract can be classified into substantive and procedural elements. Substantive elements include the capacity of parties, lawful purpose, and mutual consent. Procedural elements involve the form of the contract and adherence to legal formalities. The English legal system prioritizes substantive elements, while the Vietnamese legal system places greater emphasis on procedural compliance. This classification provides a framework for comparing the two systems and identifying areas for improvement in contract law.

The English legal system emphasizes the intention to create legal relations and the presence of consideration as key contract requirements. The system is known for its flexibility and adaptability, allowing for a wide range of contractual arrangements. However, the reliance on common law principles can lead to inconsistencies in contract enforcement. The analysis highlights the need for clearer statutory guidelines to complement common law principles.

The Vietnamese legal system focuses on the capacity of parties, lawful content, and proper form as essential contract requirements. The system is more prescriptive, with detailed statutory provisions governing contractual obligations. However, the rigidity of the system can hinder flexibility and innovation in contractual arrangements. The analysis suggests that adopting more flexible principles from the English legal system could enhance the effectiveness of contract law in Vietnam.

The study recommends adopting more flexible principles from the English legal system to enhance the legal frameworks governing contract requirements in Vietnam. This includes simplifying statutory provisions, promoting the use of common law principles, and enhancing the role of judicial interpretation in contract enforcement. The recommendations aim to create a more adaptable and efficient legal system that can better meet the needs of modern economic and social exchanges.

The analysis highlights the need for stronger mechanisms for contract enforcement in Vietnam. This includes improving the efficiency of dispute resolution processes, enhancing the capacity of legal professionals, and promoting greater awareness of contractual obligations among the public. The recommendations aim to create a more reliable and predictable legal environment that can foster trust and confidence in contractual arrangements.