Bui Dang Hieu Training Institution: Hanoi Law University SUMMARY OF NEW RESEARCH FINDINGS The dissertation is the first scientific work at the level of doctoral dissertation studying com
Trang 1MINISTRY OF JUSTICE MISTRY OF EDUCATION AND TRAINING
HANOI LAW UNIVERSITY INFORMATION ON NEW RESEACH FINDINGS
OF THE DOCTORAL DISSERTATION
Dissertation title: “Interpretation of contracts under the law of Vietnam”
Speciality: Civil and Civil Procedural Law Code: 9 38 01 03
Doctoral Student: Ha Thi Thuy Course: 21A
Supervisor: Assoc.Prof.Dr Bui Dang Hieu
Training Institution: Hanoi Law University
SUMMARY OF NEW RESEARCH FINDINGS
The dissertation is the first scientific work at the level of doctoral dissertation studying comprehensively and systematically the theoretical and practical issues of interpretation of contracts in Vietnam The new contributions of the dissertation to the knowledge are as follows:
First, the dissertation systematically develops the theoretical issues of contract interpretation, including building a concept of contract interpretation, identifying the legal nature
of contract interpretation and differentiating between contract interpretation and other related activities, determining the necessity of contract interpretation, subjects of contract interpretation, the scope of contract interpretation, principles of contract interpretation and legal consequences
of contract interpretation
Second, the dissertation objectively and comprehensively analyses and evaluates the grounds for contract interpretation under the current law of Vietnam the practice of contract interpretation in Vietnam Specifically, the dissertation offers an indepth analysis of grounds for contract interpretation by refering them to the practice of contract interpretation seen from some typical judgments and decisions On that basis, the dissertation points out the inadequacies of the law on contract interpretation of Vietnam and offers directions for applying grounds for contract interpretation in Vietnam
Third, the dissertation analyses doctrines of contract interpretation as well as modern views on contract interpretation in the world
Fourth, the dissertation also points out the grounds for contract interpretation that need to
be added to the law on contract interpretation of Vietnam on the basis of accepting the foreign legal experiences, the relevance of theories on contract interpretation and the practice of contract interpretation in Vietnam
Fifth, on the basis of pointing out the shortcomings of the legal instutution of contract interpretation in Vietnam that need to be overcome, the dissertation offers proposals for improving the law on contract interpretation of Vietnam, including the one relating to the position of the institution of contract interpretation in the Civil Code of Vietnam, the one relating
to the order of applying grounds for contract interpretation in Vietnam and the one relating to the
Trang 2development of a specific institution on contract interpretation in the Civil Code which comprises 16 Articles stipulating cases of contract interpretation, principles of contract interpretation, grounds for contract interpretation and legal consequences of non-interpreted contract cases
Finally, the dissertation offers solutions to raise the effectiveness of applying the law on contract interpretation in Vietnam, including two groups of solutions: solutions for contract interpreters and solutions for contract parties
Supervisor
Assoc.Prof.Dr Bui Dang Hieu
Doctoral Student
Ha Thi Thuy