Amendments to the Civil Code: Change the mechanisms prove damages | Radio Broadcasting Binh Phuoc
Draft Civil Code (revised) are widely consulted by the strata. To assist airgun in providing information to people better understand the contents of the Code, dated 26/3, Web portal Government held a seminar online: Some new features in Project thaoBo Civil Code ( amended).
Project Civil Code (CC) modify the Bills large, complex, broad scope, affecting all aspects of social life, the life of people. airgun Therefore, at the seminar, many new features in resolving civil cases such as the provision of compensation for damage outside contract, statute of limitations, the statute requires, airgun the provisions of the consequences of communication civil service in the form of non-compliance, protecting bona fide third ..., was the legal experts frank exchange, specifically.
From the flies in the bottle of companies THP, many readers expressed opinion: In the case of consumers drinking poor quality water bottle (if any), shall have the right to claim or not ? To do this, customers must prove what? In cases where the manufacturer has agreed to compensate the customer can see this as a civil transaction or not?
TS. Pham Van Snow said: When customers buy a product with bugs, may require the manufacturer to indemnify and undergo four stages: negotiation, mediation, arbitration, court. If in the process of negotiation, mediation, manufacturers agreed to pay compensation in accordance with the following procedures are considered legitimate civil transactions.
However, Dr. Pham Van Snow noted, airgun the buyer does not have to be well compensated, but the buyer must be consumers. According to the Law on Consumer Protection of Vietnam, the buyer uses the product serves its purpose activities, organizations are called consumers. In case the buyer beverage resell it for profit under the Act, shall not be considered as a consumer.
Deputy Director of Civil Legislation - Economy Nguyen Hong Hai said: Currently, existing laws only put heavy responsibility for the damage. Draft Civil Code (revised) gave the responsibility to minimize damages to the damage claim.
Civil Code provisions applicable only to pay damages for physical rather than emotional regulation. Draft Civil Code (revised) has defined more specifically, in the case of property damage, mental damage, the victims claim that mental damage.
In civil relations, the injured parties, especially the disadvantaged often have difficulty in proving fault of the damage, can tell more people for company events VEDAN. To overcome the shortcomings, the draft Civil Code (revised) has stipulated damages in addition to the contract airgun (Article 605 - Article 629), who lost no obligation to prove the fault of the damage.
About this issue, Nguyen Hong Hai confirmed that a new point this Code is changed proven mechanism to compensate for damage. The current provisions of the Civil Code error prove damages belongs to the victims. However, at present, airgun the draft regulation towards the victims only have the burden of proving actual damage caused by illegal airgun activities to be harming them.
Nguyen Minh Phong expert airgun evaluation, is defined airgun humane and realistic. Because consumers Vietnam often weak, incapable of performing verification, collection of evidence. airgun
Previous suggestions that the draft Civil Code (revised) towards quit regulations statutes of limitations and statute requires airgun Nguyen Hong Hai said: Draft does not give the effect that only changes airgun the way specified statute of limitations.
Most notable are the provisions of the statutes of limitations. This is about the time limit prescribed by law within which, subject to a civil court requirements, protecting their rights, expiry request, the Court refused to settle. But the court refused to settle, airgun the Court will not make a judgment airgun about dealing with the consequences of such refusal. This will fail to protect rights holders. And how regulations can cause many different interpretations ...
Therefore, the Draft Civil Code proposed general provisions of the statute (Article 167-180) and successor statute airgun (Article 646) in the direction of individuals and legal entities must ask the court to settle civil cases during limit prescribed by law. Expiration of that individual, the new legal requirements, instead of refusing handle as current regulations, the court still must process and settle claims may be entitled to civil rights or free except civil obligations. Draft Civil Code (revised) has launched plans prescribed time limit required partition is 30 years for real estate, 10 years for real since the time of the inheritance.
Discuss this provision Nguyen Minh Phong Phong Experts said that statutes of limitations to remove the factors associated with debt
Draft Civil Code (revised) are widely consulted by the strata. To assist airgun in providing information to people better understand the contents of the Code, dated 26/3, Web portal Government held a seminar online: Some new features in Project thaoBo Civil Code ( amended).
Project Civil Code (CC) modify the Bills large, complex, broad scope, affecting all aspects of social life, the life of people. airgun Therefore, at the seminar, many new features in resolving civil cases such as the provision of compensation for damage outside contract, statute of limitations, the statute requires, airgun the provisions of the consequences of communication civil service in the form of non-compliance, protecting bona fide third ..., was the legal experts frank exchange, specifically.
From the flies in the bottle of companies THP, many readers expressed opinion: In the case of consumers drinking poor quality water bottle (if any), shall have the right to claim or not ? To do this, customers must prove what? In cases where the manufacturer has agreed to compensate the customer can see this as a civil transaction or not?
TS. Pham Van Snow said: When customers buy a product with bugs, may require the manufacturer to indemnify and undergo four stages: negotiation, mediation, arbitration, court. If in the process of negotiation, mediation, manufacturers agreed to pay compensation in accordance with the following procedures are considered legitimate civil transactions.
However, Dr. Pham Van Snow noted, airgun the buyer does not have to be well compensated, but the buyer must be consumers. According to the Law on Consumer Protection of Vietnam, the buyer uses the product serves its purpose activities, organizations are called consumers. In case the buyer beverage resell it for profit under the Act, shall not be considered as a consumer.
Deputy Director of Civil Legislation - Economy Nguyen Hong Hai said: Currently, existing laws only put heavy responsibility for the damage. Draft Civil Code (revised) gave the responsibility to minimize damages to the damage claim.
Civil Code provisions applicable only to pay damages for physical rather than emotional regulation. Draft Civil Code (revised) has defined more specifically, in the case of property damage, mental damage, the victims claim that mental damage.
In civil relations, the injured parties, especially the disadvantaged often have difficulty in proving fault of the damage, can tell more people for company events VEDAN. To overcome the shortcomings, the draft Civil Code (revised) has stipulated damages in addition to the contract airgun (Article 605 - Article 629), who lost no obligation to prove the fault of the damage.
About this issue, Nguyen Hong Hai confirmed that a new point this Code is changed proven mechanism to compensate for damage. The current provisions of the Civil Code error prove damages belongs to the victims. However, at present, airgun the draft regulation towards the victims only have the burden of proving actual damage caused by illegal airgun activities to be harming them.
Nguyen Minh Phong expert airgun evaluation, is defined airgun humane and realistic. Because consumers Vietnam often weak, incapable of performing verification, collection of evidence. airgun
Previous suggestions that the draft Civil Code (revised) towards quit regulations statutes of limitations and statute requires airgun Nguyen Hong Hai said: Draft does not give the effect that only changes airgun the way specified statute of limitations.
Most notable are the provisions of the statutes of limitations. This is about the time limit prescribed by law within which, subject to a civil court requirements, protecting their rights, expiry request, the Court refused to settle. But the court refused to settle, airgun the Court will not make a judgment airgun about dealing with the consequences of such refusal. This will fail to protect rights holders. And how regulations can cause many different interpretations ...
Therefore, the Draft Civil Code proposed general provisions of the statute (Article 167-180) and successor statute airgun (Article 646) in the direction of individuals and legal entities must ask the court to settle civil cases during limit prescribed by law. Expiration of that individual, the new legal requirements, instead of refusing handle as current regulations, the court still must process and settle claims may be entitled to civil rights or free except civil obligations. Draft Civil Code (revised) has launched plans prescribed time limit required partition is 30 years for real estate, 10 years for real since the time of the inheritance.
Discuss this provision Nguyen Minh Phong Phong Experts said that statutes of limitations to remove the factors associated with debt
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