The basic principles

The basic principles

CHAPTER II
BASIC PRINCIPLES

Article 4. Principles of freedom, voluntary commitments and agreements

Freedom commitments, agreed in establishing rights and civil obligations are guaranteed by law, if committed, the agreement does not violate the provisions of the law and not contrary to social morality.

In civil relations, the parties entirely voluntary, no one is imposed, prohibition, coercion, threats, preventing the other party.

Commitments, agreements legally binding on the parties implement and must be individuals and legal persons and other subjects with respect.

Article 5. Principle of equality

In civil relations, the parties are equal, why not take differences in race, gender, social background, economic situation, belief, religion, educational level and occupation to treatment no equal.

Article 6. Principles of good will, honesty

In civil relations, the parties to the goodwill and honesty in the establishment and implementation of rights and civil obligations, neither party may deceive the other.

Article 7 Principles for responsible civil

The parties must strictly implement their civil obligations and take responsibility for the non-performance or improper performance obligation, if not done voluntarily, they may be forced to comply with the provisions law.

Article 8 to respect ethical principles, good traditions

The establishment and implementation of rights and civil obligations to ensure the preservation of national identity, respect and promote the traditions and customs, good tradition, unity, solidarity, the principle of every person for the community, the community for every person and the lofty moral values ​​of all nationalities living on the territory of Vietnam.

Ethnic minorities are creating favorable conditions in civil relations to gradually improve material life and his spirit.

Helping the elderly, children, people with disabilities in the implementation of the rights and obligations of civil encouraged.

Article 9. The principle of respect and protection of civil rights

1. All civil rights of individuals, legal persons or other entities to be respected and protected by law.

2. When the civil rights of a subject entity is compromised, including the right of self-defense in accordance with the provisions of this Code or ask agencies and authorized organizations:

a) Recognition of their civil rights;

b) Order the termination of violations;

c) Forced to apologize, public correction;

d) Forcible civil obligations;

e) Forcible compensation for damage.

Article 10. The principle of respect for the interests of the State and public interests, rights and legitimate interests of others

The establishment and implementation of rights and civil obligations must not infringe the interests of the State and public interests, rights and legitimate interests of others.

Article 11. Principles of legal compliance

The establishment and implementation of rights and civil obligations must comply with the provisions of this Code and other provisions of law.

Article 12. The principle of reconciliation

In civil relations, reconciliation between the parties in accordance with the provisions of the law are encouraged.

No person shall use force or threaten to use force when participating in civil relations, settlement of civil disputes.

Article 13. Pursuant to establish the rights and obligations of civil

Rights, civil obligations established from the following grounds:

1. The civil legal transactions;

2. The decision of the courts, state agencies other competent authorities;

3. The legal proceedings prescribed by law;

4. Creation spiritual values ​​is the subject of intellectual property rights;

5. possession of property has a legal basis;

6. Damage caused by unlawful acts;

7. Perform work without authorization;

8. Possession, use of assets, gain on property without a legal basis;

9. The other grounds prescribed by law.

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