The use of scanned signatures (image-based signatures) in electronic documents has become increasingly common in commercial transactions and contractual relationships. However, this practice raises several legal issues, including whether a scanned signature is equivalent to an electronic signature under current law; whether a contract may be declared invalid when the signature is suspected to be […]
I. INTRODUCTION In credit transactions, banks commonly use standard form contracts to standardize procedures, reduce costs, and manage risks. However, when the drafting party holds a significantly stronger bargaining position—as is typically the case with banks—such standard contracts may contain unilateral or imposed clauses that weaken the borrower’s rights. The key legal issue is: Where […]
In the realm of contract law, the validity of agreements hinges on several critical factors, one of which is the authority of the signatories. While it is commonly assumed that a contract signed by a legal representative ensures its enforceability, this is not always the case. Various circumstances can render such contracts invalid, including issues […]
Contracts can be invalidated due to violations of the legal requirements for their form. This issue is governed by specific provisions of the Civil Code of Vietnam. Below is an in-depth examination of the legal framework, circumstances leading to invalidation, and legal consequences when contracts fail to meet formal requirements. 1. Legal Requirements for the […]
In complex commercial transactions, particularly those involving multiple tiers of contracts such as supply chains, subcontracting, or project development, the concept of back-to-back clauses plays a crucial role. These clauses aim to ensure consistency and alignment between the primary (master) contract and downstream contracts by transferring obligations, rights, or liabilities from one party to another […]
In modern employment and commercial relationships, protecting legitimate business interests such as customer networks, confidential information, and human resources is essential. One of the mechanisms commonly used to prevent unfair competition is the non-solicitation clause, which restricts a party—usually an employee, former business partner, or agent—from enticing clients or employees away after the relationship ends. […]