Trong thực tiễn, việc phân chia di sản thừa kế thường phát sinh tranh chấp do có một hoặc một số người không đồng ý với phương án chia. Để giải quyết đúng quy định, trước hết cần xác định ai là người có quyền không đồng ý, sau đó xác định cách thức giải […]
I. INTRODUCTION In the context of deep international economic integration, international commercial arbitration has increasingly become a preferred dispute resolution mechanism for businesses due to its flexibility, confidentiality, and cross-border enforceability. Vietnam is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter referred to as the […]
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 […]
INTRODUCTION In credit-granting activities, particularly for loans financing construction projects, housing purchases, machinery and equipment acquisition, or production expansion, banks are often required to accept future-formed property as collateral. This type of property does not yet exist at the time of contract execution or has not yet come under the ownership of the borrower, but […]
I. INTRODUCTION Corporate consolidation activities—such as mergers, acquisitions (absorptions), and other forms of corporate reorganization (division, separation, conversion)—serve as important tools for business restructuring, resource optimization, and expansion of scale. A fundamental and highly practical legal question arises: when a company is merged or acquired, do the debts and obligations of the merged or acquired […]
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 […]