2. Explanation of the capacity of the parties to the contractThe subject of the contract is the participants establish, implement the contract contract, has the right, the obligation arising from the contract and is responsible for the implementation of the rights, the obligations arising from that contract. Accordingly, the requirements on the subject to the contract "has the capacity for civil acts is one of the prerequisites to the contract in force. Vietnam law regulated entities involved in civil transactions (contracts) must have the capacity for civil acts. According to the regulations of the Civil Code 2005 subject participation contract relations include individuals, legal entities, household, group cooperation. For individuals: individuals have the capacity for civil acts shall be fully established himself, made the civil contract. Juveniles from the age of 6 to under 18 years old who is a part of civil acts capacities, establish, implement the contract must be legal representatives agree. People were the Court declared lost the capacity for civil acts, civil transactions must be established , made through a guardian. For legal entities, household, group collaboration: The legal entity is the subject of civil law relations, has the capacity to carry home, was taking form, perform the transactions consistent with the purpose and scope of the activities of legal entities. The purpose and scope of the activities of the legal person are expressed in the Charter, or decided to establish legal entities. Households and the collaboration is subject to limited. This can either join the transaction fits the scope of activities. The subject was not manifested directly by the behavior and the will of a particular people, which is expressed by Italy of the members and be made through conduct of the representative. For example, the contract with people without capacity for civil acts (the mentally ill). This agreement will be void.
đang được dịch, vui lòng đợi..