CÁC TRƯỜNG HỢP LOẠI TRỪ TRÁCH NHIỆM PHÁP LÝ DO VI PHẠM HỢP ĐỒNG KINH DOANH BẤT ĐỘNG SẢN

Abstract

Abstract: When a contract is freely and voluntarily entered into by the parties, and is legally agreed upon, it becomes effective and imposes an obligation for all parties to adhere to in order to ensure that each party achieves the desired benefits when establishing that transaction. When a party fails to fulfill its obligation on time, fails to fully perform its duty, or fails to perform the obligation as stipulated, it is considered a breach of duty, and the party breaching its duty is liable for civil responsibility to the party with rights.

However, the law also contains provisions for the protection of the infringing party in cases where violations occur due to unforeseeable and uncontrollable circumstances on the part of the infringing party. In these cases, the adverse consequences resulting from the application of sanctions for breaching obligations, i.e., instances of excluding liability for breaches of duty, are not imposed on the infringing party. This article focuses on the analysis of disadvantages when applying cases that exempt legal responsibility for breaching a specific type of contract, namely real estate business contracts, and suggests proposals to enhance the legal provisions related to this regulation.