베트남 국제사법의 특징과 유의점
= Issues of Conflict of Laws in Vietnam / 한종규
 
제어번호 101954230
저자명 한종규(Jong Kyu Han)
학술지명 법학연구
권호사항 Vol.61 No.- [2016] 
발행처 한국법학회 
자료유형 학술저널
수록면 309-334(26쪽)
언어 Korean
발행년도 2016년
KDC 360
등재정보 KCI등재
판매처 교보문고

 
초록
Choice of law in civil relation involving foreign elements is mainly prescribed in Vietnam Civil law. The establishment, implementation, alteration and termination of property ownership rights and the contents of such rights shall be determined according to the law of the country where such property is located in Vietnam Civil law. On choice of law of contract relations, it must be aware that foreign laws may apply in cases where the parties have so agreed upon in contracts, only if such agreement is not contrary to the provisions of Civil law in Vietnam. The rights and obligations of the parties to a civil contract shall be determined in accordance with the law of the country where the contract is performed. On the other hand, forms of a contract must comply with the country where the contract is entered into. Notwithstanding, be cautious there is some exceptions in Vietnam law. For the non-contractual relations, compensation for damage outside contract will be determined in accordance with the law of the country where the act causing such damage take place or where the actual consequences of such act arise, but there are many exceptions to this principle for compensations for damage caused by an aircraft flying in international airspace or by a sea-going ship sailing in international waters in Civil Aviation law and Maritime Code in Vietnam. Civil law may be applied to commercial relations involving foreign elements unless there is specialized law regarding the same contents. However, there is special law such as enterprise law, law on negotiable instrument, law on credit institutions involving choice of laws which will prevail over Civil law on the same issues. The parties in international contracts may agree upon international commercial practice if such foreign laws or international commercial practices are not contrary to the fundamental principles of the Vietnamese law.

 
목차
Ⅰ. 들어가며
Ⅱ. 베트남 준거법 결정 규칙 일반
Ⅲ. 재산관계의 준거법
Ⅳ. 베트남 재산관계 준거법의 특징과 유의점
Ⅴ. 맺으며

주제어
2005년 베트남 민법  ,베트남 민사 준거법  ,베트남 상사 준거법  ,베트남법의 일반원칙  ,베트남  ,Vietnam Civil law 2005  ,Choice of law civil relation involving foreign elements  ,Choice of law commercial relation involving foreign elements  ,Basic Principle in Vietnam Civil law  ,Vietnam