Final Exam de Cuoi Ki
Final Exam de Cuoi Ki
:
a. Individuals, legal entities and states.
b. a and family households. Family households và cooperative groups kphai legal entities nên ko được
làm chủ thể
c. b. and cooperative groups.
d. c. and minority groups.
2. … are subjects of civil legal relations:
a All individuals.
b Some individuals. Có cá nhân have no legal act capacity >> chưa đủ ĐK làm subjects
C None is correct.
3. … have equal civil legal capacity:
a. All individuals. >< some individuals have equal civil act capicity
b. Some individuals.
c. None is correct
d. None is correct.
4. Civil act capacity of an individual is the capacity...:
a. To have civil rights and civil obligations.
b. To establish and perform civil rights and obligations through his/her acts.
c. Both a and b. are correct
d. Either a or b. is correct.
5. A (19 years old) and B (60 years old) have... civil legal capacity:
a Equal
b. Different.
c. None is correct.
6. B having mental retardation has...:
a. no civil act capacity.
b. limited civil act capacity.
C. full civil act capacity
d. None is correct
7. … are legal persons:
a All organizations,
b Some organizations
c Sole proprietorships.
d. c and joint stock companies.
8. Which of the following is(are) (a) legal entity(entities)?
a. Foreign Trade University (FTU).
b. Faculty of Law, FTU
c. Both (a) and (b) are correct.
d. None is correct
9. Subjects of property sales relations are....
a The buyer and the seller
b. The buyer, the seller and the transacted property.
c. The transacted property and money.
d. None is correct.
10. In the legal norm which reads as follows: "The lessee must pay in full the rent within the time
limit as agreed upon", ...:
a. "The lessee" is the sanction part.
b. "The lessee must pay the rent" is the sanction part.
c. "The lessee must pay the rent within the time limit as agreed upon" is the sanction part.
d. None is correct.
11. Objects of Vietnam's civil law are... property relations and... personal identity relations:
a All all
b. All some
c. Some all.
d. Some, some
12. Property relations are....
a Relations between persons and properties.
b. Relations among persons.
c. Relations among persons in connection with properties
d. None is correct.
13. Personal identity relations...:
a. Are connected with properties in no case
b. Are connected with properties in some cases.
c. Are connected with properties in any case
d. None is correct
14. Methodologies of civil law of Vietnam include...
a. Orders and obedience
b. Equality and self-determination
c. Both a and b are correct
d. Either a or b is correct
15. Sources of Vietnam's civil law do not cover:
a. The Civil Code of Vietnam 2013
b. Law on Commerce of Vietnam 2000
c. The Criminal Code of Fatman 2015.
d. None is correct
2) Which of the following parties has the authority to issue a Circular in Vietnam?
-(Article 4) Chief Justice of the supreme
-Chief Prosecutor (Chánh án) of the Supreme people’s procuracy (tòa án
nhân dân tối cao)
- Minister(s)
-Head of Ministerial-level agencies
8) In the Vietnamese criminal justice system, who has the authority to prosecute criminal cases?
A. The People's Committee
B. The Supreme People's Court
C. The People's Procuracy
D. The Ministry of Justice
1. True/false:
1. Handling pledged assets (tài sản thế chấp) can be carried out through an agreement between the
pledger and the pledgee.
>> True. Art 312.4, 314.3
2. A pawn contract only becomes effective when the pledgor delivers the pledged assets to the pledgee,
>> False. Art310.1: agreement on pledge of property shall take effect from the time of concluding, unless
otherwise agreed or prescribed by law.
3. During the effective period of the security transaction, the pledged assets belong to the ownership of
the security recipient.
>> False. The recipient only have the right to possess.
4. Any individual or impoverished household can apply for a loan in the form of an unsecured
personal loan. – khoản vay không yêu cầu thế chấp, sd mọi mục đích.
>> False. Vì có yêu cầu điểm tín dụng và tài chính
5. A single asset may be used to secure multiple obligations only if the value of that asset exceeds the
total value of the obligations it secures.
>> False. Art295.4: The value of collateral may be greater, equal or smaller than the value of the secured
obligation.
6. Asset foreclosure is only carried out when the obligation secured by it becomes due, and the obligor
fails to perform or improperly performs the obligation.
>>False. Article 299. Cases of realization of collateral 1,2,3
8. Assets formed in the future can also be the subject of a mortgage contract.
>> True. Art 295.3: Collateral may be existing property or off-plan property.
1) 1st October A firm in Hanoi offered by letter to sell 1000 boxes of tinplates to B firm in HoChiMinh
8th October A firm posted letter revoking their offer.
10th October B firm received the letter of offer
11th October A firm telegraphed acceptance of the offer
15th October B firm posted a letter confirming its telegraphed acceptance 20th October B
firm received letter of revocation from A firm
Did the acceptance occur?
9) Jeepney Vehicle Sales agreed to supply Interior Safaris with four all-terrain vehicles by 30 June for use
on a fully booked tour commencing on 15 July. The vehicles did not arrive until 14 July and were not
fitted out until 20 July. The delay caused Interior Safaris to lose three clients at $4000 each and to pay
$1500 in overtime to prepare the vehicle for the journey in six days rather than 15. What remedy does
Interior have against Jeepney?
In this case, Interior Safaris can claim: 1. $12,000 for lost clients, because: o Jeepney knew the vehicles were
needed for a tour on 15 July. o The delay directly caused financial loss. 2. $1500 in overtime costs, because: o This
is a direct consequence of the late delivery. Total damages potentially recoverable: $13,500.
10) Mr. A is the CEO and the legal representative of Company C. According to Company C's charter,
any contracts signed by Company C with a value of over 10 billion VND must be approved by the Board
of Directors of Company C. On July 1, 2017, Mr. A signed a contract worth 20 billion VND without
obtaining approval from Company C's Board of Directors. Question: What is the validity of the contract
under the provisions of the 2015 Civil Code (analyze and provide legal basis)?
In this case, Mr. A is a legal representative, but he exceeded his authority by not obtaining the required BoD
approval as per the company’s charter. Therefore, the contract is not automatically valid and is not binding on
Company C, unless: The BoD later ratifies it; + Company C knows but doesn’t object in time; + The contract brings
clear benefits to Company C. Conclusion: The contract is not immediately effective but can become valid and
binding if one of the conditions under Article 141 is met
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