Abstract

Civil transactions involving the property of persons under guardianship constitute a significant legal issue in civil law, requiring a careful balance between the protection of vulnerable persons and the need to ensure transactional security and stability. The 2015 Civil Code of Vietnam establishes the legal framework for guardianship and representation, allowing guardians to enter into and perform transactions under certain conditions. In practice, however, divergent interpretations remain regarding the permissible scope of such transactions, the meaning and assessment of the requirement that transactions be conducted “for the ward’s benefit,” and the control mechanisms applicable to high-risk transactions. This article primarily adopts a doctrinal approach based on legal analysis and commentary, while also drawing, where appropriate, on relevant international perspectives. It identifies key inconsistencies in the current legal framework, explains the legal problems arising from the absence of clear criteria and evidentiary obligations, and proposes recommendations for improving Vietnam’s civil law framework.

Keywords: Article 59 of the 2015 Civil Code, civil transactions, guardianship, ward.