In daily life, every person has a lot of capacities. For example, at home, Mr. A is a son (Married Law – blood relationship); at school, Mr. A is a teacher, principal (educational law- administrative relation); at the market, Mr. A is a seller (civil code- purchase relation). Law calls them parties but when practicing, we have to change party to “capacity”. For example, see that the buyer (party A) in purchase contract, you have to change them into purchaser. So, you have found out the law secret. Of course, you may say: “I call you the buyer, seller; you call purchaser, what is the different of that?”. Nothing is different, of course, but if there are many other parties, the word “party” will confuse you in your mind and you cannot realize immediately each person’ rights and obligations. Lawyer has to think it clearly.

In the falling- flowers pot example, you are the house owner, bought that flowers pot and put it on the balcony afternoon, at night it fell down to your neighbor’ head. To talk in the position of that flowers pot, you are pot owner. You are no longer house owner. If you are pot owner, you have to compensate your neighbor. If you are house owner, you may say “I have nothing to do with that flower pot”. If you are pot owner, you are the person who caused damage and you have to compensate to the victim. You see that, just in this simple situation, you have three capacities; each one makes your different rights and obligations. Your compensation is stipulated in civil Code about compensation for damages outside contract. French Law calls it “faute”. England’s Law and American Law call it tort or equity. “Capacity” is the most disturbing. If you can solve it then you solve the tangled rope. When you solve the tangled rope, you solve one dispute.

Social relationship or legal correlation creates capacity; capacity identifies rights and obligations. Rights come along with responsibilities. This is law secret. When reviewing customer’ contracts, you will change: commitment transactions into cases – parties into person’ capacity. Knowing the capacity, you will protect your client because you know what rights he has and with whom. Capacity helps us to widely open the problem.

However, when looking at one transaction, we also have to clarify its law field: Civil, administrative or criminal law. Normally, civil obligations are forced to compensate by money if they are violated; administrative obligations are compensated by money or prohibited to operate; criminal obligations are compensated by money, prison sentence or both, according to the violation. The sentence “I commit that I will take all responsibilities” is one of these above obligations actually.

For further information, please contact our Firm by these information:

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or No 24, Alley 29, Tram street, Long Bien ward, Long Bien district, Hanoi, Vietnam