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Law for Business

Individual Assignment
Teacher: Mr. Phat
Student Name: Nguyn Hu Mnh
Roll numbers: SB01139
Email: manhnhsb01139@fpt.edu.vn

I, Introduction
The contract is the development tool for every business. Civil contracts, labor contracts or
business contracts are particularly significant in each respective transaction business. In fact,
business contracts and civil contracts is 2 contract forms are business used regularly and easily
be confusion. This confusion may inadvertently lead to legal consequences undesirable for
business. So understand common points of the two types of contracts while respecting the
characteristics of each type of contract is particularly significant for enterprises in the
establishment and implementation of the transaction to ensure purpose when participating in the
transaction.

II, The similarities between the civil contracts


and business contracts

Are dealing with a civil nature, established based on the voluntariness, equality and

mutual agreement of the parties.


Equal toward each party's interests and general interest of the parties contracting.
Two types of contracts have some similar provisions: Terms of the subject; object of the
contract; price; rights and obligations of the parties; implementation modalities; payment

methods; resolution of disputes incurred if have.


The form of the contract :
Some civil contracts and business contracts may of an oral agreement (done mainly by
the credibility, the transaction is done immediately or simple transactions, taking ordinary
transaction object low value), Or in writing (conducted mostly in complex transactions,
the subject of high value contract or by law to must be made in writing as: Loans at credit
organizations, insurance ... (but no profit). for this contract forms depending on each
specific contract law prescribed compulsory notarization or new visa valid (eg house
purchase, transfer land use rights...). However, if the parties do not notarized or
authenticated, the contract is still valid and has not been held to be invalid except where
the law provides otherwise. Also the case law does not prescribe required to notarization,

the parties can still agree notarized or witnessed by the witness to make a contract with
high validity. The types of documents are also considered if the two parties contract
concluded indirectly by the transaction documents such as documents, telegraph, unit
offers, orders and the consent of the other party with content required mostly illegally and
not shall be considered valid. The contract can be concluded in a specific behavior:
Normally this is a conventional form was formed on the basis of practices which the
parties have tacitly accepted.

III, The difference between Civil and Business


contract

Subject: For a civil contract, Subjects are individuals or organizations (have or not have
legal personality). Meanwhile, for Business contracts, the purpose of business is profit, so
to ensure good management of the State as well as business liability, subject to the
individual or organization registration business (traders). Some commercial transactions
require subject must be a legal entity. Thus, it should be noted about the status of a
subject when establishing commercial transactions (as trader, legal status, legal
representative,...) in order to avoid cases of Business contracts invalid due unlawful on

the subject.
Object: The big different of two contracts are business agreements are designed to target
profits arising from commercial operations. The trade could be the trading of goods,
provision of services, promotion of trade and investment. Meanwhile, a civil contract

may have lucrative purpose or no profit purposes (such as gift or donation contract).
The form and governing law: Usually, civil contracts will be governed by the Civil Code
and the laws relating to content agreement. Meanwhile, the business contract will be
governed by the Business Law, Investment Law, Enterprise Law ... The civil contract
may be verbal more through the trust, simple transactions, taking ordinary and low value.
Meanwhile, the business contract (with a value greater than nature, more complex or
required by law) are usually concluded in writing and notarized legal to add value and
ensure clear evident in the rights and obligations of the parties.

Dispute settlement bodies: It is noteworthy that the disputes arising from business
contracts if the parties cannot resolve, you can ask the courts or arbitration settlement at
the option of the parties. While disputes of a civil contract can only be resolved between

the two parties separately or by the court and not be used arbitration.
Penalty for breach of contract: Penalty for breach are the aggrieved party to demand that
the violation to pay a fine for breach of contract. Under the provisions of the Civil Code
and Business Code, the violating party contracts have incurred penalties if the parties
have agreed on a contract violation. Commercial Law provisions total violations for
commercial contracts may not exceed 8% of the value of the contractual obligations are
violated, unless the violation assessment service contract. For civil contract, the fine
violates the civil contract agreed by the parties and was not controlled by the Civil Code.

IV, Civil and Business contract in US-UK


legal system
There is a statement that the barrier between civil and business activities is not really clear in
US-UK legal system. It is basically may declare that in the below two main arguments:

Common cases are used between Civil and Business contract in US-UK legal system In
the legal system of the US and the UK, as a subject interprets a transaction that belongs to
a civil contract, the result may be conducted based on the application or specific cases
available earlier. There is no specific distinction between business activity and civilian
since they are based on business contracts previously applied on the civil contract without
any doubt the difference of objects, subjects and contents predicted and confirmed the

result of the case


The complex between civil and business contract in US-UK legal system Similar
situation occurred as the court case relating to business can be started from civil law.
Business activity in the US-UK Large use and settlement of disputes or disagreements on
the base can be a single law of the Civil.

V, References

John D. Ashcroft, J.D. & Janet E. Ashcoft, J.D., 2008, Law for Business, South-Western

Cengage Learning, 17th Edition (p. 49) [Assessed: August 18th 2015]
John D. Ashcroft, J.D. & Janet E. Ashcoft, J.D., 2008, Law for Business, South-Western

Cengage Learning, 17th Edition (Chapter 1) [Assessed: 18th, 2015]


http://doc.edu.vn/tai-lieu/tieu-luan-so-sanh-su-giong-nhau-va-khac-nhau-cua-hai-hop-

dong-dan-su-va-hop-dong-kinh-te-35392/
http://www.ezlawblog.com/2015/06/phan-biet-hop-ong-dan-su-hop-ong-thuong.html
http://www.ezlawblog.com/2015/06/phan-biet-hop-ong-dan-su-hop-ongthuong.html
Christopher Meldrum, ACC, July 1st 2011, Civil Contract Law, Available from:
http://www.acc.com/legalresources/quickcounsel/clc.cfm [Assessed: August 20th, 2015]

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