Legal Argumentation in Vietnamese Commercial Law

Abstract

In Vietnamese Commercial Law, arguments may precede or follow conclusions. Each argument typically comprises multiple premises. The argumentative system is diverse, with major premises constructed from numerous minor ones (i.e., nested arguments), forming a robust network of reasons that are capable of substantiating the conclusions. The range of argumentative operators and connectors is relatively rich and varied. Four principal argumentative models can be identified: p → r; r ← p; r → p₁, p₂, …, pₙ; r₁ ← p₁, p₁’, p₁’’, p₁’’’, p₁ⁿ. Most legal provisions are, in essence, complex arguments developed from these four foundational models. After two decades of implementation, the Commercial Law has revealed several issues concerning the use of terminology and the structuring of arguments. These issues need to be addressed promptly to help individuals and business entities avoid unnecessary misunderstandings.