Civil transactions in accordance with the law are contracts or unilateral legal acts. Conditions for a civil transaction to have legal effect are specified in detail. When the parties enter into a civil transaction without meeting the statutory conditions, that civil transaction will be invalidated. So about the matter “Civil transactions are invalid under the Vietnam Civil Code” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
What conditions must a civil transaction meet to be valid?
According to Article 117 of the Civil Code 2015, in order for a civil transaction to be valid, the following conditions must be met:
• Subjects in civil transactions must have civil legal capacity and civil act capacity in accordance with established civil transactions;
Subjects in civil transactions include individuals and legal entities. The Civil Code also specifically stipulates the legal capacity and the behavioral capacity for the above two subjects.
• Subjects participating in civil transactions are completely voluntary;
The nature of civil transactions is the unity between the will and the expression of the will, so “voluntary” includes the constituent elements of free will and expression of will. Without free will and the expression of will there can be no voluntariness, if one of these two factors is absent or inconsistent, there can be no voluntariness.
• The purpose and content of the civil transaction do not violate the prohibition of the law and do not violate social ethics;
• The form of civil transactions is also one of the valid conditions of civil transactions.
Civil transactions can be established in the form of words, in writing or a specific act. The person who establishes a civil transaction has the right to choose the form of that civil transaction and the law only stipulates the compulsory civil transaction forms for a number of specific civil transactions (such as the requirement to in writing, must be certified, authenticated, registered, licensed).
In cases where the law stipulates that civil transactions must be expressed in writing, notarized, registered or required to obtain permission, such provisions must be complied with.
Civil transactions are invalid under the Vietnam Civil Code
Civil transactions are invalid due to violation of the prohibition of the law and against social ethics
According to the provisions of Article 123 of the 2015 Civil Code, civil transactions with purposes and contents in violation of the prohibitions of the law or against social ethics are invalid.
The prohibition of the law is the provisions of the law that do not allow the subject to perform certain acts.
Social ethics are common standards of behavior in social life, which are recognized and respected by the community.
Civil transactions are invalid due to forgery
According to Article 124 of the Civil Code 2015, when the parties artificially establish a civil transaction in order to conceal another civil transaction, the fake civil transaction will be invalidated, while the concealed civil transaction will still be valid take effect, unless such transaction is also invalid under the provisions of this Code or other relevant laws.
At the same time, if a fake civil transaction is established in order to evade obligations to a third party, such civil transaction is invalid.
An invalid civil transaction is established and performed by a minor, a person who has lost his/her civil act capacity, a person with difficulties in perception and behavior control, or a person with restricted civil act capacity.
Pursuant to Article 125 of the Civil Code 2015, when a civil transaction is performed by a minor, a person who has lost his/her civil act capacity, a person with difficulties in perception or behavior control, or a person with limited capacity. If a civil act is established or performed, at the request of such person’s representative, the Court shall declare such transaction invalid if, as prescribed by law, such transaction must be established by their representative. do or agree, except in the following cases:
• Civil transactions of a person under the age of six, who has lost his/her civil act capacity in order to meet his/her daily essential needs;
• Civil transactions only give rise to rights or are only exempt from obligations for minors, people who have lost their civil act capacity, people with difficulties in cognition, behavior control, and people with limited capacity civil acts against people who have established and performed transactions with them;
• A civil transaction is recognized by the transaction maker after becoming an adult or after restoring his/her civil act capacity.
Civil transaction is invalid due to mistake
According to the provisions of Article 126 of the Civil Code 2015, in case a civil transaction is established with a mistake that causes one or the parties to fail to achieve the purpose of establishing the transaction, the mistaken party has the right to request the Court to declare the civil transaction invalid.
However, if in the event that the purpose of establishing civil transactions of the parties has been achieved or the parties can immediately remedy the confusion, so that the purpose of establishing civil transactions is still achieved, the Civil translation by mistake above will not be invalidated.
Civil transactions are invalid due to deception, threats or coercion
Pursuant to Article 127 of the 2015 Civil Code:
• Deception in a civil transaction is an intentional act of one party or a third party in order to mislead the other party about the subject, nature of the object or the content of the civil transaction.
• Threats and coercion in civil transactions are intentional acts of one party or a third party to force the other party to perform a civil transaction in order to avoid damage to life, health, honor and prestige, dignity, property, or that of one’s relatives.
Accordingly, when a party to a civil transaction is deceived or threatened or coerced, it has the right to request the court to declare that civil transaction invalid.
Civil transactions are invalid because the originator is not aware of and controls his actions
According to Article 128 of the 2015 Civil Code, a person who has civil act capacity but has established a transaction at the right time is not aware of and controls his/her acts, has the right to request a court to declare a civil transaction that is void.
Civil transactions are invalid due to non-compliance with regulations on formality
As a general rule, subjects are free to choose the form of transactions. Only legal transactions that are required to be expressed in writing, authenticated, certified, registered or permitted by the parties that do not comply with this provision will be invalidated.
Pursuant to Article 129 of the 2015 Civil Code, there are two cases when a civil transaction does not comply with the regulations on form but is still recognized by the Court at the request of a party or parties:
• A civil transaction that has been established in accordance with the regulations must be in writing, but the document is not in accordance with the provisions of law and one party or parties has performed at least two-thirds of the obligations in the transaction.
• A civil transaction has been established in writing but violates the mandatory regulations on notarization and authentication where one party or parties has performed at least two-thirds of the obligations in the transaction.
Legal consequences of civil transactions being invalidated
According to Article 131 of the Civil Code 2015, when a civil transaction is declared invalid, it will lead to the following legal consequences:
• Do not give rise to, change or terminate the civil rights and obligations of the parties from the time the civil transaction is established.
• Restore to original condition, return to each other what was received. In case it is not possible to return in kind, the cash value will be used to refund,
• The righteous party in the collection of profits and profits is not required to return such yields and profits.
• The party at fault causing damage must compensate
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Frequently asked questions
In case a civil transaction is invalid but the object of the transaction is a non-registered property that has been transferred to a bona fide third party, the transaction established and performed with the third party will still be valid, unless the case specified in Article 167 of this Code.
In case a civil transaction is invalid but the property has been registered at a competent state agency, then it is transferred by another civil transaction to a bona fide third party who, based on the registration sign that but establish and perform a transaction, such transaction will not be invalidated.
In case the property subject to registration has not yet been registered at a competent state agency, the civil transaction with the third party will be invalidated, unless the third party in good faith receives this property through auction. price at a competent organization or dealing with a person who, according to a judgment or decision of a competent state agency, is the owner of the property but then this subject is not the owner of the property because of the judgment or decision. , the decision is canceled or corrected.
The owner does not have the right to reclaim the property from a fide third party, if the civil transaction with this person is not invalidated as prescribed in Clause 2 of this Article, but has the right to initiate a lawsuit or request that the owner is at fault. to the transaction entered into with a third party must reimburse reasonable costs and compensate for damages.
Article 132 of the Civil Code stipulates that depending on each cause leading to the invalidation of a civil transaction, the statute of limitations is specifically determined as follows:
For the case of invalid civil transactions due to violation of the prohibition of the law, against social ethics and invalid civil transactions due to forgery, the statute of limitations for requesting the Court to declare the civil transaction invalid shall not be invalidated. limit.
In addition, the Civil Code also stipulates the statute of limitations for requesting the Court to declare a civil transaction invalid as provided for in Articles 125, 126, 127, 128 and 129 of the Civil Code. Accordingly, the statute of limitations for requesting a declaration of an invalid transaction in these cases is 2 years from the following times:
Representatives of minors, persons who have lost their civil act capacity, people with difficulties in cognition or behavior control, or persons with limited civil act capacity know or must know the represented person. establish and perform transactions by themselves;
The person who is mistaken or deceived knows or should know that the transaction was established by mistake or deception;
Persons who commit acts of intimidation or coercion to terminate acts of intimidation or coercion;
Persons who are not aware of and control their behavior establish transactions;
Civil transactions shall be established in cases where civil transactions do not comply with regulations on form.
Note: For the case in Articles 125, 126, 127, 128 and 129 of the Civil Code, the statute of limitations of 02 years has expired without a request to declare the civil transaction invalid, the civil transaction will take effect.
Pursuant to Article 116 of the 2015 Civil Code:
“Article 116. Civil transactions
A civil transaction is a contract or unilateral legal act that gives rise to, changes or terminates civil rights and obligations.
Conclusion: So the above is Civil transactions are invalid under the Vietnam Civil Code. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
