What is the civil liability of members of households, co-operative groups and other non-juridical persons in Vietnam?
What is the civil liability of members of households, co-operative groups and other non-juridical persons in Vietnam? What are regulations on civil liability of juridical persons in Vietnam? What are regulations on civil liability of guarantor in Vietnam?
What is the civil liability of members of households, co-operative groups and other non-juridical persons in Vietnam?
Hello LawNet! I'm a first-year law student. Despite not having started classes yet, I've proactively researched civil laws. I have a question. What is the civil liability of members of households, co-operative groups and other non-juridical persons in Vietnam? Thank you!
Answer:
Pursuant Article 103 of the Civil Code in 2015 stipulating civil liability of members of households, co-operative groups and other non-juridical persons as follows:
- Civil obligations arising from the engaging in civil relations by households, co-operative groups, other organizations as non-juridical person shall be fulfilled by recourse their common property.
- If all members have no property or not enough property to fulfill their common obligations, the obligee may request those members to fulfill the obligations as prescribed in Article 288 of the Civil Code in 2015.
- If the members have no agreement, co-operative contract or not otherwise prescribed by law, they must bear the civil liability as prescribed in Clause 1 and Clause 2 of the Civil Code in 2015 in proportion to each member’s contribution, if it fails to determine particular proportions, each member shall have the same proportion.
What is the civil liability of members of households, co-operative groups and other non-juridical persons in Vietnam? - image from internet
What are regulations on civil liability of juridical persons in Vietnam?
Hello LawNet! I'm a first-year law student. Despite not having started classes yet, I've proactively researched civil laws. I have a question. What are regulations on civil liability of juridical persons in Vietnam? Thank you!
Answer:
Pursuant Article 87 of the Civil Code in 2015 stipulating civil liability of juridical persons as follows:
- Each juridical person must bear civil liability for the civil rights and obligations established and performed in the name of the juridical person by its representative.
The juridical person shall bear the civil liability for obligations assumed by its founder or founder’s representative to establish and/or register the juridical person, unless otherwise agreed or prescribed by law.
- Each juridical person must bear civil liability by recourse to its property; shall not bear civil liability for its members with respect to civil obligations established and performed by such members not in the name of the juridical person, unless otherwise prescribed by law.
- A member of a juridical person shall not bear civil liability of the juridical person for the civil obligations established and performed by such juridical person, unless otherwise prescribed by law.
What are regulations on civil liability of guarantor in Vietnam?
Hello Lawnet. I have a question. What are regulations on civil liability of guarantor in Vietnam? Thank you!
Answer:
Pursuant to Article 342 of the Civil Code in 2015 stipulating civil liability of guarantor as follows:
- If the principal debtor fails to perform or perform incorrectly the obligation, the guarantor is obligated to perform such obligation.
- If the guarantor performs incorrectly the guaranteed obligation, the creditor is entitled to request the guarantor to pay the value of the breached obligation and compensate for any damage.
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