Thỏa thuận về thời điểm có hiệu lực của hợp đồng: Thực trạng và kiến nghị hoàn thiện

Abstract

When a contract is established based on the free will of the parties, they must be bound by their agreements (sanctity of contract). From the moment the contract takes effect, the parties involved will incur obligations according to the agreed-upon terms or in accordance with current legal regulations. The Civil Code of Vietnam allows parties to freely agree on the effective date of a contract. However, there are various perspectives on how this agreement should be formulated, and there is no consensus in understanding and applying the provisions regarding the effective date of contracts as agreed upon by the parties. This article analyzes the current legal situation concerning the agreement on the effective date of contracts, identifies shortcomings in existing legal regulations, and recommends improvements to the law on this issue.