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Will it the notarized contract invalid if having wrong name?

27/04/2022


In Clause 1, Article 407 of the Civil Code, it is affirmed that:

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1. The provisions on invalid civil transactions from Article 123 to Article 133 of this Code also apply to invalid contracts.

The contract is invalid in the following cases:

- Having content and purposes that violate the prohibition of the Law, contrary to social ethics. For example: A sale and purchase contract has the seller, Mr. A and Mrs. B, selling the house and land to the company by Mr. A as the legal representative (transacting with himself)...

- The parties sign a purchase and sale contract to conceal a loan contract with a high interest rate.

-  Due to deception, intimidation, coercion: When signing a sale and purchase contract, the seller is forced to sign the sale of land to the seller to pay their debt, etc.

- Due to non-compliance with regulations on form: Land purchase and sale contracts are required to be notarized or authenticated according to the provisions of Point a, Clause 3, Article 167 of the 2013 Land Law. The land sale and purchase contract will be invalidated except for the cases of no  notarization request needed.

Therefore, although the form of the contract is one of the conditions for the sale and purchase contract to be valid, according to Article 129 of the Civil Code, if the form of the contract is the valid condition for the sale and purchase contract, then the contract becomes void when there is a breach of contract.

In addition, the above- mentioned cases do not state that the contract will be void if the parties' information is wrong, including the names of the buyer and the seller. Thus, when there is a wrong name in the notarized sales contract, that contract will not be invalidated.