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The case of the owner of the wedding party restaurant Tam Phuc (Muong Thanh Ward, Dien Bien Phu City, Dien Bien Province) was booked by the wedding guests and then “bombed”. 150-tray platforms causing damage of around 200 million dong, causing a stir in public opinion.
In this regard, lawyer Nguyen Anh Thom, Nguyen Anh Law Firm (Hanoi Bar Association), said that this is a rare case that occurs in civil transactions. In today’s society, orders are already being placed but goods are not accepted, but it is rare to place a wedding invitation without placing it.
The restaurant in Dien Bien Phu town where the rare incident occurred
In this case, the customer requested the wedding invitation but did not comply with the contract, resulting in the restaurant owner being in a miserable situation while the wedding invitation remained intact without anyone eating. After that, the restaurant owner asked the online community to buy food to support and raised a small amount of money to compensate for some of the damage.
“Out of trust and knowledge, the restaurant owner has subjectively made verbal agreements, did not make a contract and did not deposit money for the wedding ceremony, so the damage caused when the customer does not come to eat is very great. Learn to warn that when entering into a civil contract, you need to thoroughly understand your partner, make a document and take steps to ensure the performance of the contract (deposit) for high-value transactions … “- Law Analysis of Nguyen Anh Thom.
According to Thom, according to article 119 of the Civil Code of 2015, the form of civil transactions can be expressed verbally, in writing or through specific acts. Therefore, the wedding invitation contract is still legally valid, the two parties must properly comply with the obligations stipulated in the contract.
“We can understand, the seller has agreed with the buyer, the two parties have successfully agreed, but when receiving, delivering and paying, collecting the money, the ordering party does not make the When making the transaction of that order, it means that the two parties have reached an agreement on the contract for the sale of goods, the contract can be made verbally, by behavior, in writing. specific “- said lawyer Thom.
The wedding tray menu has been meticulously prepared, but no one comes to the wedding.
For a more detailed analysis, according to Thom, if the ordering party has placed an order but does not make the payment and receives the ordered goods, according to civil law, the person placing the order will violate the provisions of the obligations of the contract. According to current law, the ordering party will be obliged to make the receipt and payment as agreed. And incur additional storage and shipping costs, if applicable. If the receipt of the merchandise is delayed and the merchandise damages said delay due to the fault of the recipient, costs will also be incurred if any.
“Therefore, if the restaurant owner and the customer cannot reach an agreement on the payment under the contract, they have the right to sue the People’s Court for a settlement according to civil procedures and compel the offending party to take responsibility. responsibility “- stated lawyer Thom.
Before that, like the newspaper Workers reported, a girl in Dien Bien district (Dien Bien province) came to Tam Phuc restaurant in Muong Thanh district 29, Dien Bien Phu city asked for 150 wedding trays and asked the restaurant to help build a theater for weddings (canvas screen, decoration, furniture …).
Customers and owners have acquaintances, so they do not bill or receive deposits. Due to the narrow space of the restaurant, the two sides were unified in the area in front of the restaurant. The owner of the restaurant also borrowed the neighborhood hall to set up the wedding theater.
As expected, the wedding will take place on September 30 as agreed. However, from dawn until 2:00 p.m. the same day, the restaurant did not see any guests attend the party, without the bride and groom. Immediately after that, the restaurant reported to the Muong Thanh District Police.
Wedding fountains are decorated
At noon on October 1, a Dien Bien Phu City Police leader said the agency was accepting the case and determined that the guest had “bombed” 150 wedding trays, when they clarified that the case would report. to the press.
Responsibility for late payment of money due to breach of contractual obligations is specified in article 357 of the Civil Code, specifically as follows:
Article 357. Responsibilities for breach of the payment obligation:
1. When the debtor is late in payment, he must pay interest on the amount of the delinquency corresponding to the period of delay.
2. The interest rate arising from late payment shall be determined in accordance with the agreement of the parties, but must not exceed the interest rate specified in Clause 1, Article 468 of this Code; If there is no agreement, the provisions of Clause 2, Article 468 of this Code will apply.
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