BUỘC THỰC HIỆN ĐÚNG HỢP ĐỒNG DO VI PHẠM HỢP ĐỒNG KINH DOANH BẤT ĐỘNG SẢN

Abstract

Compelling the performance of contractual obligations is a remedy that functions to ensure that a contract is performed as agreed, thereby allowing the aggrieved party to achieve the purpose initially set out when concluding the contract. This remedy has been codified under the 2015 Civil Code and the 2005 Commercial Law of Vietnam. In the context of real estate business contracts, template contracts promulgated under Decree No. 96/2024/NĐ-CP dated July 24, 2024, of the Government, detailing certain provisions of the Law on Real Estate Business, also recognize the right of the aggrieved party to require the breaching party to continue performing the contract. However, in practice, the application of these legal provisions in resolving disputes arising from real estate business contracts remains problematic, with  divergent interpretations leading to inconsistent solutions that have yet to adequately protect the interests of the aggrieved party and ensure a fair balance of rights and obligations between the contracting parties. This article focuses on analyzing the current provisions of Vietnamese law on the remedy of compelling the performance of contractual obligations and the practical application thereof in resolving disputes over real estate business contracts. On that basis, the author proposes solutions to improve the  legal  framework  governing  this remedy.