Keywords
compensation for damages
business profits
How to Cite
Abstract
The article studies and clarifies the loss of profits intentionally caused by enterprises violating the delivery obligation in the contract relationship of goods purchase and sale. The purpose of this violation is to benefit from price fluctuations in the market. The research in the article also determines the level of loss according to the market value and applies the provisions of the Commercial Law of Vietnam on the purchase and sale of goods and related regulations, sanctions for enterprises intentionally causing losses to partner enterprises in the form of full compensation for losses, remedying the consequences.
References
Chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.unidroit.org/english/principles/contracts/principles2016/principles2016-e.pdf
Civil Code of Vietnam 2015
Commercial Law of Vietnam 2005 amended and supplemented in 2017, 2019
Hanoi Law University, 2019, Commercial Law Textbook, Justice Publishing House
https://www.lawinsider.com/dictionary/loss-of-profits
International Institute for the Unification of Private Law, UNIDROIT Principles of international commercial contracts 2016
Judgment No. 02/2012 dated March 30, 2012 of the People's Court of District X, Ho Chi Minh City resolving disputes over sale contract
Judgment No. 02/2022/KDTM-ST dated March 16, 2022 of the People's Court of BD province (Vietnam) on disputes over goods sale contract
Law Insider, Loss of Profits,
Law on Enterprises of Vietnam 2020
United Nations Convention on Contracts for the International Sale of Goods (CISG),
VIAC, 2023, Determination of benefits that would have been enjoyed if there had been no violation
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