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  • 标题:Some Legal Aspects of Non-judicial Foreclosure in Case of Default on Credit Contract in Vietnam
  • 本地全文:下载
  • 作者:Thuy Le ; Tuan Do
  • 期刊名称:Asian Social Science
  • 印刷版ISSN:1911-2017
  • 电子版ISSN:1911-2025
  • 出版年度:2016
  • 卷号:12
  • 期号:6
  • 页码:34
  • DOI:10.5539/ass.v12n6p34
  • 出版社:Canadian Center of Science and Education
  • 摘要:

    This paper aims to present the authors’ examination of some aspects of Vietnam’s positive law regarding non-judicial foreclosure. Upon default, a bank as a secured creditor may enforce his security right over the collateral that is understood as foreclosure. Foreclosure includes judicial foreclosure and non-judicial foreclosure. In the way of non-judicial foreclosure, a secured creditor can take possession and dispose the secured property without a court’s involvement. So, it may save the secured creditor time and cost. The law governing the non-judicial foreclosure should not only provide the efficient mechanics of self-help repossession but also protections to a grantor. It should be examined whether Vietnamese law meets this requirement. By this study, some drawbacks and shortages of Vietnamese law in relation to non-judicial foreclosure are exposed and then some recommendations for improvement of positive law of Vietnam governing the exercise of the non-judicial foreclosure are presented. 

  • 其他摘要:This paper aims to present the authors’ examination of some aspects of Vietnam’s positive law regarding non-judicial foreclosure. Upon default, a bank as a secured creditor may enforce his security right over the collateral that is understood as foreclosure. Foreclosure includes judicial foreclosure and non-judicial foreclosure. In the way of non-judicial foreclosure, a secured creditor can take possession and dispose the secured property without a court’s involvement. So, it may save the secured creditor time and cost. The law governing the non-judicial foreclosure should not only provide the efficient mechanics of self-help repossession but also protections to a grantor. It should be examined whether Vietnamese law meets this requirement. By this study, some drawbacks and shortages of Vietnamese law in relation to non-judicial foreclosure are exposed and then some recommendations for improvement of positive law of Vietnam governing the exercise of the non-judicial foreclosure are presented.
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