COMPLETE ARTICLE 683 OF THE CIVIL CODE 2015 IN THE BACKGROUND THAT VIETNAM HAS NOT HAD A PRIVATE INTERNATIONAL LAW STATUTE

Abstract

In the context that Vietnam has not yet had  a private international law statute, the Civil Code 2015 still plays a role as the general law in regulating civil relations with foreign elements. Part 5 "The law applies to civil relations with foreign elements ” in general and Article 683 of the  Civil Code 2015 in particular have solved many of the central issues of private international law on contracts with foreign elements. This article focuses on analyzing the following issues: i, The law applies to contracts involving foreign elements that contain the entire principle of party autonomy. ii, In the current context of development of international trade and foreign investment, Article 683, which recognizes the rights of the parties to choose the law applicable to the contract, does not provide for an absolute right; it also has limitations, such as the limits of the scope, content of law and consequences of application of foreign laws. iv, Assessment of legislative techniques, Article 683 has the characteristics and features of a conflict of law rule, built on the basis of a system selected by the parties' agreement. In addition, Article 683 has determined the applicable law in case the parties to the contract do not agree to select the applicable law and determine the law applicable to the form of the contract. The article also reviews some of the shortcomings in the contract regulations of Article 683 of the Civil Code 2015.