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Subject

Changes in the Vietnam Civil Code after Enactment in 1995 and its Normative Power
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1995년 민법 제정 후 베트남 민법의 변화와 그 규범력

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Type
Academic journal
Author
Lee, Joon Hyun (서강대학교)
Journal
The Korean Association Of Comparative Private Law The Jounal of Comparative Private Law Vol.25 No.2(Wn.81) KCI Accredited Journals
Published
2018.5
Pages
617 - 656 (40page)

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Changes in the Vietnam Civil Code after Enactment in 1995 and its Normative Power
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Abstract· Keywords

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Since the Vietnam Civil Code was enacted in 1995, there were changes in the structure and contents of the book in 2005 and 2015. This changes in the Vietnam Civil Code is, in short, the history of adaptation and assimilation to the market economic system. Today, the present Civil Code of Vietnam is not much different from the civil code of capitalist countries, except for the portions corresponding to our property law and international private law. Even in the case of the property law, the legal provisions on land use rights are being shifted to the land law and are gradually getting closer to the civil code of capitalist countries. The socialist colors in the Vietnam Civil Code are becoming increasingly faded.
The Vietnam Civil Code has problems in its normative power like the other laws belonging to the private laws in Vietnam, and the problems are due to the inconsistency of contents, contradictions, uncertainties, lack of unity, and arbitrary application. These problems arise in Vietnam because of ① the lack of thinking about the hierarchy between laws and regulations, ② the unique system called the legislative planning system, and ③ the lack of the system to prevent problems in the legislative process, ④ the difference of recognition about laws and regulations from ours, ⑤ the lack of practioners with sufficient legal knowledge, ⑥ the lack of research in law and researchers, and ⑦ the simplicity of the process of enactment of the subordinate statutes. Japan, which has been providing legal support to Vietnam for a long time, is now in Vietnam struggling with the problems.

Contents

국문요약
Ⅰ. 들어가는 말
Ⅱ. 구조의 변화
Ⅲ. 내용의 변화
Ⅳ. 규범력의 문제
Ⅴ. 맺음말
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Abstract

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