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Business Law, luật kinh tế là một trong những bộ môn tự chọn trong chương trình học Tài chính Ngân hàng của Trường Đại học Hà Nội. Đây là một bài tập nhỏ cuối khóa. Mời các bạn tham khảo có thể sẽ giúp phần nào đó cho assignment của mình Chúc các bạn học tốt
HANOI UNIVERSITY FACULTY OF MANAGEMENT AND TOURISM -🙞☼🙜 - BUSINESS LAW ASSIGNMENT Topic: Analyze one contract dispute based on legal regulations on contract Lecturer: Mrs Ho Thuy Hang Tutor: Mr Hoang Nam Student Name: Nguyen Thi Hoa Seat Number: 13 Student ID: 1904040046 Tutorial: 01 🙞🙜 8𝑡ℎ 𝑀𝑎𝑦, 2023 CASE STUDY: Judgment No.: 01/2022/KDTM-PT May 24, 2022 Disputes on the sale of goods contract Contents of The Case Plaintiff: T Construction and Trading Joint Stock Company – Company T Defendant: S Construction Traffic Joint Stock Company – Company S In 2016, T Construction and Trading Joint Stock Company (hereinafter referred to as Company T) and Construction Traffic Joint Stock Company S (hereinafter referred to as Company S) signed two sets of purchase and sale contracts to supply asphalt and emulsion products for the construction of the Bac Giang-Lang Son BOT expressway project During the implementation of the above two sets of contracts, Company T has repeatedly delivered goods to Company S at the construction site of the Bac Giang-Lang Son BOT expressway project and the asphalt mixing station of Company S in Bac Giang province As of October 13, 2017, Company S has paid Company T an amount of VND 13,800,000,000, which is an advance payment as agreed in the contract However, during the construction period, due to the arrangement of capital between the bank and the investor, the project was recalculated, so the project was canceled interrupted for 2 months due to a change in investor structure After restructuring the capital source for the project to continue construction, Company T stopped supplying hot plastic to Company S and arbitrarily broke the contract without giving any reason After that, there was a conflict between Company T and Company S Company T believes that the remaining principal amount that has not been paid by Company S to Company T is VND 1,148,737,100, but Company S does not cooperate to transfer debt or use other assets to pay Company T Finally, Company T decided to file a lawsuit against Company S at the People's Court of District, Bac Giang Province, where the contract was performed, and proposed that Company S pay a total amount of 3,303,657,143, including principal interest, interest up to the date of trial by the first instance court, and money for breach of contract Analyzing the case study According to Article 430, 431 Civil Law 2015, this sale contract is considered a legal contract because of the agreement between company T and company S, which is confirmed by both parties Whereby Company T is obligated to transfer the ownership rights of property to Company S, which is asphalt and emulsion products for the construction, until the conflict happens However, during the 2-month interruption, Company T stopped supplying materials for construction to Company S and arbitrarily broke the contract without giving any reasons According to Clause 5, Article 428, Civil Law 2015, about unilateral termination of performance of contracts, Company T does not complete the seller's obligation in transferring the property to the purchaser Regarding the payment method and payment term as agreed in the contracts and contract appendices, it is clearly stated that the goods delivered by both parties must be fully signed by the authorized representative to sign for certification At the end of the contract, there should be a reconciliation to confirm the amount of debt between the two parties for settlement However, in terms of debt reconciliation between the two companies that has not yet been realized, the given data is not reasonable; the quantity does not match, and the price does not match from time to time, although the leaders of company S have called many times before to require the leader of company T to let the person compare the debt to make payment procedures, but company T deliberately did not do it (There is evidence to confirm which was sent to court.) In the event that a dispute in the sales contract occurs, there are two options for resolution, including arbitration and economic court In this context, when Company T assumed that Company S did not pay debt for them, they decided to do so thanks to the intervention of the court in Ha Giang province, claiming that Company S did not cooperate to transfer debt to pay Company T according to Article 429 of the Civil Law 2015 As a result, in the first instance judgment No 03/2021/KDTM-ST dated November 17, 2021, of the People's Court of H City, after considering the factors and evidence provided by both parties based on the laws, Ha Giang province decided: Firstly, no one accepted all petitions for T Construction and Trading Joint Stock Company Second, about the court fees: T Construction and Trading Joint Stock Company must bear the amount of the civil court costs, which have a value of 106,567,000 VND To sum up, the case study above helps us apply our knowledge of economic law in analyzing a real case, and, at the same time, that made me expand the lessons related to this subject REFERENCES Tòa Án Nhân Dân Tối Cao, Trang Thông Tin Điện Tử Công Bố Bản Án Và Quyết Định Của Toàn Án Retrieve from: https://congbobanan.toaan.gov.vn/2ta934848t1cvn/chi-tiet-ban-an Civil Law, 2015 Retrieve from: https://drive.google.com/drive/folders/1MiluB_xzkFSYhvp_NE_ydOaJdMjDV0sn?fbclid=IwAR2 okXBPjPkNrWaF9RVWoVQyOKwVQoQlTY-wG-hiWthEw-aAenAB5ZQc3JM