Title Page
ABSTRACT
ABBREVIATION
Contents
CHAPTER 1. INTRODUCTION 16
1.1. Definition of Sanctions for Breach of International Commercial Contract 16
1.1.1. Definition of Commercial Contract and International Commercial Contract 16
1.1.2. Definition of Breach of Contract 21
1.1.3. Definition of Sanctions for Breach of Contract 23
1.2. Legal Framework of Sanctions for Breach of International Commercial Contract under UNIDROIT and Vietnamese Law 24
1.2.1. Sanctions Regulations under the UNIDROIT Principles 24
1.2.2. Sanctions Regulations under Vietnamese Law 41
CHAPTER 2. THEORY OF SANCTIONS FOR BREACH OF INTERNATIONAL COMMERCIAL CONTRACT 43
2.1. Sanctions for Breach of International Commercial Contracts 43
2.1.1. Characteristic of Sanctions for Breach of Contract 43
2.1.2. Forms of Sanctions for Breach of Contract 49
2.1.3. Role of Sanctions for Breach of Contract 52
2.2. Grounds for Application of Sanctions for Breach of International Commercial Contract under the Vietnamese Law and UNIDROIT Principles 53
2.2.1. Breach of Contract 53
2.2.2. Actual Damage 62
2.2.3. Causal Relationship Between Breach and Physical Damage 64
2.2.4. Fault of Violating Party 64
CHAPTER 3. SANCTIONS FOR BREACH OF INTERNATIONAL COMMERCIAL CONTRACT UNDER UNIDROIT PRINCIPLES 69
3.1. Forced to Comply with the Contract 69
3.2. Penalty for Breach 75
3.3. Compensation for Breach 76
3.4. Postponement of Contract Performance 81
3.5. Suspension of Contract Performance 82
3.6. Termination of Contract 83
CHAPTER 4. SANCTIONS FOR BREACH OF INTERNATIONAL COMMERCIAL CONTRACT UNDER VIETNAMESE LAW 85
4.1. Forced to Comply with the Contracts 85
4.2. Penalty for Breach 89
4.3. Compensation for Breach 98
4.4. Postponement of Performance Contract 103
4.5. Stoppage of Contract Performance 108
4.6. Termination of Contract 110
CHAPTER 5. COMPARATIVE STUDY ABOUT SANCTIONS FOR BREACH OF INTERNATIONAL COMMERCIAL CONTRACT BETWEEN VIETNAMESE LAW AND UNIDROIT PRINCIPLES 114
5.1. Forced to Comply with the Contract 114
5.2. Penalty for Breach 122
5.3. Compensation for Breach 127
5.4. Postponement of Contract Performance 133
5.5. Suspension of Contract Performance 138
5.6. Termination of Contract 138
CHAPER 6. RECOMMENDATIONS FOR IMPROVEMENT OF VIETNAMESE LAW ON THE SANCTIONS FOR BREACH OF INTERNATIONAL COMMERCIAL CONTRACT 141
6.1. Proposals 141
6.1.1. Unifying and Synchronizing Provisions of 2015 Civil Code and 2005 Commercial Law on Sanctions for Breach of International Commercial Contract 141
6.1.2. Acquiring Progressive Factors of International Law and Practice 145
6.1.3. Improving the Efficiency of Jurisdictional Agencies 146
6.1.4. Joining to the International Institute for the Unification of Private Law (UNIDROIT) 148
6.2. Specific Recommendations for Improvement of Regulations under Vietnamese Law 152
6.2.1. Completing Regulations on Factors Constituting Liability for Breach of Contract 152
6.2.2. Completing Regulations on Ground of Liability Exemption for Breach of Contract 156
6.2.3. Completing Regulations on Sanctions for Breach of Contract 159
CONCLUSION 170
REFERENCE 182