Оферта на основании Венской конвенции ООН о договорах международной купли-продажи товаров: сравнительный анализ с Принципами УНИДРУА и Гражданским кодексом Вьетнама 2015 г.

Abstract

The contracting process plays an important role in the formation of a contract, which is formed by the two elements: an off er to enter into a contract and acceptance of such an off er. Therefore, these two factors are regulated by a number of legal documents, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts (PICC) and Civil Code 2015 of Vietnam (CL 2015), all of which have provisions on these two issues. In order to have an overview of the law in the contracting process, this article analyzes and compares provisions on contract conclusion in the above documents through some case studies. The objective of this article is to compare and clarify the diff erences in the approach to CISG contract provisions, the PICC and the Vietnamese Law. The article uses a comparative research methodology and analyzes case lawsuits, which make sense in providing key concepts and perspectives on how to deal with combined off ers under the approach of the CISG, the PICC and the Vietnamese Law. The results of this comparison may help to draw some comments on the conditions of the off er to enter into a contract, the duration of the validity of the off er to enter into a contract, the right to cancel the off er to enter into a contract. The contract ensures that the contracting parties understand their rights and obligations and avoid legal risks arising in the course of performance of the contract.