MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY 453311 CONTRACTUAL OFFERS UNDER ENGLISH, GERMAN, AND VIETNAMESE CONTRACT LAW: A COMPARATIVE PERSPECTIVE AND IMPLICATIONS FOR VIETNAM Subject: Comparative Law BACHELOR’S GRADUATION THESIS SUPERVISOR LL. D6 THI ANH HỎNG Ha Nội - 2023 STATUTORY DECLARATION Therewith formally deciare that Imyselfhave written the submitted Bachelor's Thesis independently, the conclusions and data in the Bachelor's Thesis are truthfil and reliable./ Confirmation ofsupervisor Author ofBachelor's Thesis LIST OF ABBREVIATIONS id est (that is) exempli gratia (or exampie) verus (against) PREFACE 1: SRatlonale ORE THESES-ecscosecsseotevesguzzgctgisistsgogtagsstgasesdeeseccmaseosÐl i) Review of previous studies related to the Thesis. Scientific and practical significance of the Thess. wo A Objectives of the THeSIS::2:::2224222101160000002066010/ 08-05406860) ối Ga SsObjeckand scope Of the: THeS18sssia-diciui20ikidb,keuiagluosdid-csdgi w 6.
Method used to prepare the Thesis. bBDœHoA Thesis structure isii8 ik sss GS CHAPTER I. THEORETICAL ISSUES OF CONTRACTUAL OFFERS. Concept of Contractual offers in contract law.
Definition of Contractual offers. Key elements of Contractual offers oo. Contractual offer and non-contractual offer.2 Significances of Contractual Offers. T1 SUBCONCLUSION TO CHAPTER 1.
CONTRACTUAL OFFERS UNDER THE ENGLISH, GERMAN AND VIETNAMESE LAW. Overview of English Contract LaW. The concept of Contractual Offer under English contract Law. An analysis of Contractual Offers in England.
The concept of contractual offer in Germany. Overview of German Contract Law. Definition of contract and its elements under German law. Introduction to the Concept of Offer and Its Role in Contract j8mprsirrpSSrmmrraosareer.
Essential Elements and Requirements for an Offer under German Law. etictrinkes imi ete eaoe 2. The concept of Offer presented under Vietnamese Law. Definition of contract and its elements.
The concept Of Offer 5:0 :c:cvsscsssaiwcascsatearcessecctionss osiesceeateaa aes 42 2. Comparison between Vietnamese, German and English laws on 2. Similarities and differences between English, German, and Vietnamese contract law regarding offers. ‘Explanation forthe dHIEEEfeDGES,ci.sciisiasaeaokdssolaobada8, SUB CONCLUSION CHAPTER 2 o.
COMPARATIVE ANALYSIS OF CONTRACTUAL OFFERS IN THREE JURISDICTIONS AND POTENTIAL IMPLICATIONS FOR VIETNAMESE LAW. Identification of gaps, inconsistencies, and ambiguities in the current legal 3. Recommendations to complete the law and implications for Vietnam. The Implication of non-contractual offers deñmition.2 The application of Case law.
99, SUB CONCLUSION CHAPTER 8 o.csssscssssssssssessssessssssesssssesesssesesnscessnnecesnecees 62 CONGEUSIONäiaeansanuafitqtiiaiabgiqufsatiadjatiisisaigaadtbaaksasel 63 REFERENCES PREFACE 1. Rationale of the Thesis Contract law holds immense significance in all jurisdictions, encompassing the everyday activities of socio-economic societies in both developed and developing countries. While developed nations, fortified by robust economic foundations, continually refine their contract laws to adapt to evolving circumstances, developing countnes seeking integration into the global economy must also enhance their legal frameworks, with contract law serving as a pivotal norm. Vietnam, as a developing nation currently undergoing integration, must adhere to this overarching pnncple and strive to perfect its contract law to meet contemporary demands.
The relevance of contract law cannot be overstated, as it provides the legal framework for establishing, enforcing, and regulating agreements between parties. These agreements underpin the vast array of transactions and interactions that occur within the social and economic fabric of any country. Whether it involves the purchase of goods, the provision of services, or the formation of complex business arrangements, contracts are the bedrock on which commercial activities rely. Comparative analysis enables Vietnam to leam from established legal principles, procedural mechanisms, and judicial interpretations that have proven effective in resolving contractual disputes.
By adapting, contextualizing, and applying these insights, Vietnam can refine its legal framework, creating a contract law regime that meets the needs of its evolving socio-economic landscape. Therefore, "Contractual Offers under English, German, and Vietnamese Contract Law: A Comparative Perspective and Implications for Vietnam" is chosen. 1 This thesis focuses on the topic of contractual offers under English, German, and Vietnamese contract law, adopting a comparative perspective to analyze their similarities, differences, and implications for Vietnam. The study aims to clarify the concept of contractual offers, synthesize and analyze the relevant regulations in the current legal systems, and provide recommendations to address any existing or anticipated shortcomings 2.
Review of previous studies related to the Thesis. Anna Kathanna Suzula-Klasen, A Comparative Study of the Formation of Contracts in Japanese, English, and German Law. This research investigates the formation of contracts in the legal systems of Japan, England, and Germany, witha specific focus on the process of contract formation, including the role of contractual offers. The study examines the legal principles, rules, and requirements goveming contract formation in each jurisdiction.
It analyzes the sumilarities and differences in the treatment of offers, acceptance, revocation, and other related concepts. By comparing Japanese, English, and German contract law, the research aims to identify commonalities and divergences in the formation of contracts, providing insights into the legal frameworks of these three countries. Scientific and practical significance of the Thesis - The scientific significance The scientific significance of this research lies in its contribution to the development of legal theory within the field of contract law in Vietnam By exploring the theoretical aspects of contractual offers, the thesis enhances the overall understanding of contract law within Vietnamese legal science. - Practical significance i) The recommendations derived from this research will serve as valuable reference material for lawmakers, competent authorities, courts, arbitration centers, employees, and enterprises.
It will aid in the improvement and completion of Vietnamese contract law regulations concerning contractual offers, assist in the resolution of disputes related to contractual offers, and guide employees and enterprises in effectively navigating this aspect of contract law. Objectives of the Thesis The objectives of the thesis encompass clarifying the concept of contractual offers, analyzing the relevant regulations within the current Vietnamese legal system, conducting a comparative analysis of English, German, and Vietnamese contract law, and providing recommendations to address any gaps or deficiencies in the existing legal framework. Object and scope of the Thesis The scope of the thesis centers on the examination of contractual offers within the Vietnam Civil Code 2015 - The Law No. 91/2015/QH13 on Detailed regulations for the implementation of the Labour Code, and other related legal documents.
It also encompasses an exploration of the contractual offer regulations in English and German law, providing a comprehensive comparative analysis By focusing on contractual offers, the thesis does not extend its scope to include other elements of Contract such as labors, terms and formality,. Instead, it concentrates on the central role of offer within the realm of contractual offers and its implications within the English, German, and Vietnamese legal systems In conclusion, this thesis is dedicated to exploring contractual offers under English, German, and Vietnamese contract law. Through a comparative perspective, it aims 3 to identify similarities, differences, and implications for Vietnam The research provides valuable insights for the development and refinement of Vietnamese contract law, benefiting lawmakers, authorities, courts, arbitration centers, employees, and enterprises. Method used to prepare the Thesis 6.
Methodology To carry out the abovementioned objectives, the Thesis resort to Marxism Leninism research methodology, dialectical materialism, and the policies of the Communist Party of Vietnam and the State on socialist-oriented market economy, democracy promotion, and law-governed socialist state. Research method Specific research methods include analysis, synthesis, comparison, statistics, jurisprudence comparison, historical research, proof, practical research, and scientific prediction. These methods could be seen in all chapters of the Thesis. Among these methods, the analysis and comparison method are commonly used to build up scientific arguments for the Thesis 7.
Thesis structure In addition to the Preface, Conclusion and References, the Thesis comprises of three. Chapter 1: Theoretical issues Contractual Offers Chapter 2: Contractual offers under the English, German and Vietnamese law Chapter 3: Comparative analysis of Contractual Offers in three jurisdictions and potential implications for Vietnamese Law CHAPTER I. THEORETICAL ISSUES OF CONTRACTUAL OFFERS 1. Concept of Contractual offers in contract law 1.
Definition of Contractual offers In contract law, the concept of a contractual offer holds significant importance in the process of forming a legally binding agreement. It serves as a crucial element in understanding the dynamics of contract formation and the rights and obligations of the parties involved. Through a legal theoretical foundation, a contractual offer can be defined as a formal and explicit proposal made by one party, known as the offeror?, to another party, Inown as the offeree?. The offeror, through this proposal, expresses their intention to enter into a legally enforceable contract with the offeree?, By making the offer, the offeror conveys their willingness to be bound by specific terms and conditions upon acceptance by the offeree.
The offeror's intention to create legal relations is a fundamental aspect of a contractual offer. It distinguishes a mere invitation to negotiate or an expression of interest from a genuine offer. The offeror must demonstrate an unequivocal intention to be legally bound by the terms and conditions outlined in the offer. And the legal nature of the offer will protect both parties, as the binding nature of a contract means that the parties can seek legal remedies if either party fails to fulfill their obligations.
Breach of contract occurs when one party fails to perform as required by the contract, resulting in potential legal consequences, such as monetary damages or specific performance. 'ñymany jwisdictions, the person offermg a contract can be called Promiser (India), Proposer (Australia and Singapore, Obligor (in civil law jorisdictions, such as France and Gemuny, Offerent (South Africa ,the tem. “offerent”’ is used) ` §amilar to “offeror”’, the party accepting the offer can be called as Promisee, Acceptor, Obligze, Offertee varies * Corbin, Arthar L. “Offer and Acceptance , and Some of the Resulting Legal Relations.” The Yale Law Jounal, vol.
169-206 6 For an offer to be valid, it must contain certain essential elements. These elements include the identification of the parties involved, the subject matter of the contract, the consideration or price to be paid, and any specific terms and conditions that the offeror wishes to impose. The terms of the offer should be sufficiently definite to enable the offeree to understand the nature of the proposed agreement. This is one of the most important factors regarding contract formation which is ad indem or Meeting of the Minds (also referred to as mutual agreement, mutual assent or consensus ad idem) isa phrase in contract law used to describe the intentions of the parties forming the contract.
It is a fundamental legal requirement for a valid contract. To be enforceable, a contract must be based on a genuine agreement between the parties, which includes offer, acceptance, consideration and capacity to enter into a contract.* Once the offer is made, the offeror must communicate it to the offeree. The offer can be communicated through various means, such as in wiiting, orally, or even through conduct, depending on the circumstances and the nature of the contract. The offeree must know about the offer to be able to accept it.
There must be evidence that the parties had each, from an objective perspective, engaged in conduct manifesting their assent, and a contract will be formed when the parties have met such a requirement> It is important to note that an offer can be terminated or revoked in certain situations. The offeror may withdraw the offer before it is accepted, either explicitly or implicitly, through their words or conduct. Additionally, the offer may *ứtos:/klawy nudictionary/consensus-ad-idem/ , Tray cấp ngày 17/11/2023 Ý Lord Steyn, ‘Contract Law: Fukillng the Reasonable Expectations of Honest Men‘ (1997) 7 lapse or expire after a reasonable period if the offeree does not accept it within that timeframe® In conclusion, a contractual offer is a formal proposal made by one party to another, expressing an intention to enter into a legally enforceable contract. It signifies the offeror's willingness to be bound by specific terms and conditions upon acceptance by the offeree.
Understanding the concept ofa contractual offer is crucial in comprehending the dynamics of contract formation and the rights and obligations of the parties involved.