MINISTRY OF JUSTICE MINISTRY OF EDUCATION & TRAINING HANOI LAWUNIVERSITY GRADUATIONTHESIS Advisor: LLM. Tran Thu Yen DECLARATION I hereby deciare that this is my own research, the conclusions and data in the thesis are truthful and reiiabie. Confirmation ofthe advisor Graduation thesis author LIST OF ABBREVIATIONS CISG : United Nations Convention on Contracts for the International Sale of Goods PICC : Principles of Intemational Commercial Contract UNCITRAL : United Nations Commission on International Trade Law UNIDROIT : The International Institute for the Unification of Private Law DECLARATION. LIST OF ABBREVIATIONS.
Research status of the thesis 3. Scientific significance andpractical significance of the thesis. Purpose and missions ofthe thests 02. cccccecescseecsessns eens eeseeecneenene 5.
The subject and the scope of the research. Structure of the thesis. CHAPTER 1: GENERAL THEORETICAL ISSUES OF THE EXEMPTION FROM LIABILITY IN CONTRACTS FOR THE INTERNATIONAL SALE 1. Concept of contracts for the international sale of goods.
Definition of contracts for the international sale of goods. Characteristic of contracts for the intemational sale of goods. The concept of exemption from liability in international goods sales contracts .3:E Definition of liability for breach of intemational ‘goods alexcontract -12 \ 2 3 ‘Definition of Sennen fromliability in i n intemational 0005 veal contracts. Characteristics of Exeenption from Liability in iitemati onal Goods Salles Combats ase.
Sources of law governing the issue of liability exemption in intemational goods 'sal es conttacisis nissan tite a BE 1. Intemational treaties ee E 1. AGlE1312E1S0S5d13888:1gãci4sasueksssagaszazrsusua-ae LO 13. Other sources OP LAW: sw .csicsccsuccctia ni cniiaecs LD ii CHAPTER 2: PRACTICAL APPLICATION OF REGULATIONS ON THE EXEMPTION FROM LIABILITY IN CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS UNDER CISG AND VIETNAMESE 2.
Regulations on the exemption from liability in contracts for the intemational sale of goods under CISG and Vietnamese law. Exemption from liability due to obstacles encountered by the violating party. Exemption fromliability dias:toothe ‘fault ofthe violating ae Exemption from liability due to fault of the violated party according rs CISG reg ulatt O88 sec ccoekciaiseoseisieonkiadaggnseaoosg sept 39 2. Exemption from liability due to problems with a third party related to a patty to the contract under CISG ‹iscccssccsuasoaaaaasesgtssasoe6 2.
Provisions on the exemption from liability in contracts for the intemational sale of goods under Vietnamese law. Exemption from liability as agreed upon by the pattiesin the:contract 50 335ÏE Serprign fron liability ue) to inaplementation of decisions of competent state management agencies. 433 CONCLUSION OF CHAPTER 2. S6 CHAPTER 3: RECOMMENDATION TO COMPLETE VIETNAM'S LAW ON THE EXEMPTION FROM LIABILITY IN CONTRACTS FOR THE 3.
Advantages and disadvantages of applying regulations on the exemption from liability in contracts for the international sale of goods under Vietnamese law. ‘Advantages ‘of applying ‘regulations on 0 nthe exemption from! liability in contracts for the intemational sale of goods under Vietnamese law. Disadvantages of applying regulations on the exemption from liability in contracts for the international sale of goods under Vietnamese 1 sarees. Proposal to improve Vietnamese law on the exemption from liability in contracts for the intemational sale of go0ds.
Recommendations to improve the effectiveness of law enforcement on the exemption from liability in contracts for the intemational sale of goods 67 INTRODUCTION 1. Subject background In the current era of globalization, Vietnam and many countnes are actively promoting intemational trade activities to integrate into the world economy. The international sale of goods, primarily through contracts, is a crucial component of these trade transactions, playing a significant role in the growth process of the global economy. As the international sale of goods continues to develop, it isaccompanied by a conceming trend-an increase in disputes related to this activity.
This underscores the importance of the liability exemption regime in intemational goods sales contracts, which not only ensures the rights of the parties but also shares risks and provides a legal escape for the violating party when not entirely at fault Therefore, a comprehensive study of the exemption from liability in contracts for the international sale of goods under CISG and Vietnamese law will provide an overview of this issue, thereby giving some opinions to improve current Vietnamese law and creating a basis for Vietnamese traders to proactively protect their legitimate nghts and interests when entering into contracts for the international sale of goods. The topic “The exemption from liability in contracts for the intemational sale of goods under CISG and Vietnamese law’ has an important role and practical significance not only in terms of law but also in practical terms, which is also why I chose this as a research topic for my graduation thesis. Research status of the thesis Up to the present time, there have been several research projects on “The exemption from liability in contracts for the intemational sale of goods under CISG and Vietnamese law. Domestic research status Regarding the monographs, the book “Contracts for the International Sale of Goods under CISG — Regulations and Case Lav ”, published by the Judicial Publishing House in 2021, can be cited.
This book is the research work of all lecturers of the Faculty of Intemational Trade and Business Law of Hanoi Law University, compiled and analyzed thoroughly and quickly understood the provisions of the United Nations Convention on Contracts for the Intemational Sale of Goods along with 200 case laws, including the exemption from ability in contracts for the international sale of goods, which is focused in Chapter 11 of the book. The book analyzes cases of liability exemption according to the provisions of law through specific case law, thereby providing comments on the application of liability exemption in intemational goods sales in practice. Some research works focus on one of the cases of liability in intemational sales contracts, specifically: “Exemption from liability for third parties according to Clause 2, Article 79 of the Convention on Contracts for the International Sale of Goods: viewedfrom a comparative law perspective” by authors Tran Thanh Tam and Pham Thanh Cao in 2017, using the method. of comparative law and analyzing related laws, the article shows how to explain Clause 2, Article 79 of the Convention on Contracts for the International Sale of Goods is used and discussed to discuss intemal law issues when Vietnam is a CISG member, “Discussing the exemption of liability in cases offorce majeure in current international goods purchase and sale contracts” by author Tran Van Duy in 2013, the author gives some opinions to clan fy the issue of exemption of liability, in case of force majeure in an intemational goods sale contract: Regarding liability, exemption from liability, on the issue of force majeure and the current situation of application and some problems that need to be overcome; “The issue of exemption from Jorce majeure liability in international goods sales contracts” - Graduation tờ thesis by author Le Thi Huyen Trang advised by LLM.
Tran Van Huy in 2011 Proposing legal content on force majeure events, criteria for determining force majeure events, legal basis for exemption from liability in force majeure situations. Foreign research status “Digest of Case Law of the United Nations Convention on the Contracts for the International Sale of Goods” (2016 edition) is the latest official foreign reference published by the United Nations Commission On International Trade Law (UNCITRAL). This work analyzes in detail all the provisions of the CISG, drawn from the decisions of the dispute settlement agencies in the many law cases that have occurred. Besides, several foreign dissertations and articles studying The exemption from liability in contracts for the intemational sale of goods under CISG can be mentioned: Lee Wanki, “Exemptions of Contract Liability Under the 1980 United Nations Convention”, Dickinson Joumal of Intemational Law, Vol.
Flechtner, “The Exemption Provisions of the Sales Convention, Including Comments on “Hardship” Doctrine and the 19 June 2009 Decision ofthe Beigian Cassation Court’, Legal Studies Research Paper Series, Working Paper No. 2011-09, University of Pittsburgh School of Law, Juan Pablo Hemandez, “CSG hardship exeynption in the time of COVID-19”, The Treaty Examiner, Issue 2 (May 2020), pp. also research about CISG and the exemption from liability in contracts for the intemational sale of goods under CISG. Scientific significance and practical significance of the thesis In terms of scientific significance, the thesis conducts comprehensive research on intemational goods sales contracts in general and the exemption of liability in intemational goods sales contracts in particular, drawn from the basis of regulatory analysis of CISG and Vietnamese law.
From there, the study finds recommendations to improve the effectiveness oflaw enforcement on liability exemptions in intemational goods sales contracts. Regarding practical significance, the research results of the thesis will be a valuable scientific reference for leaming about the provisions of CISG and Vietnamese law on liability exemption due to breach of sales contracts for intemational goods. The thesis can also be used as a reference to perfect the provisions of Vietnamese law on liability exemption due to violations of intemational goods sales contracts. In addition, businesses can pay more attention to issues of liability exemption when signing and implementing intemational sales contracts, avoiding unnecessary disputes and damages.
Purpose and missions of the thesis Regarding the purpose of the thesis research: First, research general theoretical issues on exemption from liability due to violation of intemational goods sales contracts; Second, clarify the current status of CISG regulations and Vietnamese law on the issue of liability exemption in goods purchase and sale contracts; Third, make recommendations for Vietnam on the issue of liability exemption due to violation of intemational goods sales contracts. The thesis researches the general theory of liability exemption in intemational goods sales contracts, clanfies the current status of CISG regulations and Vietnamese law on the issue, and makes recommendations for Vietnam on the issue of liability exemption in intemational goods purchase and sale contracts. The subject and the scope of the research 5. The subject of the research The research subject is the provisions of CISG and Vietnamese law on the exemption from ability for the intemational sale of goods.
In addition, the research subject also includes law cases and disputes, as well as the adjudication practices ofthe courts and arbitration ofa number of countries that are members of the CISG regarding the application of provisions of the Convention on the exemption from ability for the intemational sale of goods. The scope of the research The research analyzes the fundamental issues of liability exemption in intemational goods sales contracts. Through examining cases directly related to this issue, the thesis raises problems with regulations on the exemption of liability in intemational goods sale contracts that businesses may encounter. From the content and practical application of the provisions of the CISG and Vietnamese law on exemption of liability in intemational goods purchase and sale contracts, the thesis provides evaluation opinions and recommendations to improve enforcement efficiency and enforce the law on liability exemption for businesses when participating in intemational goods purchase and sale contracts.
Methodology This thesis was carried out through the following methods: Analytical method: Analyze theoretical issues and current legal regulations on liability exemption in intemational goods sales contracts according to CISG and Vietnamese law. Comparison method: Compare and contrast the provisions of the CISG and Vietnamese law, as well as compare the actual application process between cases on liability exemption, to draw out the advantages and limitations of regulations and the effectiveness of applying the law in practice. Synthetic method: Generalize the theoretical and practical issues of liability exemption in intemational goods sales contracts, providing appropriate recommendations on the above problem. Structure of the thesis In addition to the table of contents, the introduction, the conclusion, the list of references, and some accompanying appendices, the content of the thesis consists of 3 chapters, precisely: Chapter 1: General theoretical issues of the exemption from liability in contracts for the intemational sale of goods.
Chapter 2: Practical application of the regulations on the exemption from liability in contracts for the intemational sale of goods under CISG and Vietnamese law.