Analysis and proposal for the abrogation of the precedent no. 42/2021/AL/HĐTPTANDTC
Published: July 28, 2026
Abstract
Precedent serves as a highly practical source in the legal system. The case-law systems in the world in general and in Vietnam in particular exhibit distinct characteristics and inherent diversity. This paper analyzed the rationale behind proposing the abrogation of certain unsuitable case precedents. The paper advocated the abrogation of the precedent No. 42/2021/AL/HĐTPTANDTC regarding the choice of the court for resolution of consumer disputes in case of entering into contracts containing arbitration clauses (hereinafter referred to as the precedent No. 42/2021/AL).