THẨM QUYỀN CỦA TÒA ÁN TRONG VIỆC TỰ TUYÊN BỐ GIAO DỊCH VÔ HIỆU

The Civil Code stipulates cases of invalid civil transactions but does not clarify when the court has the authority to examine and declare a transaction invalid without a request from any party. The article highlights a difference between Vietnamese law and some legal systems around the world. Here, if invalidity serves as a sanction for violating regulations protecting the common interest, the court may independently review and declare the transaction invalid. However, if invalidity serves as a sanction for violating regulations protecting the interests of the parties involved in the transaction, the court does not have the authority to independently review and declare the transaction invalid if the protected party does not request the court to declare it invalid