This paper discusses the most recent reform in terms of the sources of private law in Vietnam as presented in the 2015 Civil Code and other related provisions. It argues that the change brings Vietnam back to the path...
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This paper discusses the most recent reform in terms of the sources of private law in Vietnam as presented in the 2015 Civil Code and other related provisions. It argues that the change brings Vietnam back to the path of the Roman concept that once was prominent during French colonial rule. Relying on the theories of doctrinal research, legal transplantation, and legal history, the paper introduces newly framed opinions that the Civilian legal concept is blended with the prolonged socialist law theory on the sources of law that, together, might complicate and even hinder the sound reform and development of a just, predictable, and stable legal system. It ends with some suggestions on how to tackle the inner conflict and further reform of sources of private law in Vietnam.
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