If a person who has been declared dead by the Court but is still alive, will he/she have the right to claim his/her property from the persons who received that his/her inheritance in Vietnam?
- If a person who has been declared dead by the Court but is still alive, will he/she have the right to claim his/her property from the persons who received that his/her inheritance in Vietnam?
- When can a person annul the decision declaring person dead in Vietnam?
- How to handle personal relations and property relations of persons declared dead by courts?
If a person who has been declared dead by the Court but is still alive, will he/she have the right to claim his/her property from the persons who received that his/her inheritance in Vietnam?
Pursuant to the provisions of Clause 3, Article 73 of the 2015 Civil Code of Vietnam as follows:
Annulment of decision declaring person dead
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3. A person who has been declared dead but is still alive shall have the right to claim his/her property from the persons who received that his/her inheritance and/or the value of the remaining property.
If the heir of a person whom a court has declared dead is aware that such person is still alive, but intentionally conceals such information for the purpose of enjoying the inheritance, he/she must return all of the property received, including any benefits and income derived; if any damage has been caused, he/she must also pay compensation therefor.
According to the above provisions, a person who has been declared dead but is still alive shall have the right to claim his/her property from the persons who received that his/her inheritance and/or the value of the remaining property.
If the heir of a person whom a court has declared dead is aware that such person is still alive, but intentionally conceals such information for the purpose of enjoying the inheritance, he/she must return all of the property received, including any benefits and income derived.
If any damage has been caused, he/she must also pay compensation therefor.
If a person who has been declared dead by the Court but is still alive, will he/she have the right to claim his/her property from the persons who received that his/her inheritance in Vietnam?
When can a person annul the decision declaring person dead in Vietnam?
Pursuant to the provisions of Article 73 of the 2015 Civil Code of Vietnam, the annulment of decision declaring person dead is as follows:
Annulment of decision declaring person dead in Vietnam
1. When a person who has been declared dead returns or when there is reliable information that such person is still alive, a court shall, at the request of such person or a person with related rights or interests, issue a decision on annulment of the decision declaring the person dead.
2. The personal relations of the person who has been declared dead shall be restored when a court issues a decision on annulment of the decision which declared that such person was dead, except for the following cases:
a) If the wife or the husband of the person who has been declared dead was permitted by the Court for her or his divorce in accordance with the provisions of Clause 2 Article 68 of this Code, the decision granting the divorce shall remain legally effective;
b) If the wife or the husband of the person who has been declared dead has married to another person, such marriage shall remain legally effective.
3. A person who has been declared dead but is still alive shall have the right to claim his/her property from the persons who received that his/her inheritance and/or the value of the remaining property.
If the heir of a person whom a court has declared dead is aware that such person is still alive, but intentionally conceals such information for the purpose of enjoying the inheritance, he/she must return all of the property received, including any benefits and income derived; if any damage has been caused, he/she must also pay compensation therefor.
4. Property relations between spouses shall be dealt with in accordance with this Code and the Law on marriage and families.
5. The decision on annulment of a decision declaring a person dead issued by a court must be sent to the People’s Committees of commune where the dead person resides for record as prescribed in law on civil status affairs.
According to the above provisions, when a person who has been declared dead returns or when there is reliable information that such person is still alive, a court shall, at the request of such person or a person with related rights or interests, issue a decision on annulment of the decision declaring the person dead.
Note: The decision on annulment of a decision declaring a person dead issued by a court must be sent to the People’s Committees of commune where the dead person resides for record as prescribed in law on civil status affairs.
How to handle personal relations and property relations of persons declared dead by courts?
Pursuant to the provisions of Article 72 of the 2015 Civil Code of Vietnam stipulating the personal relations and property relations of persons declared dead by courts as follows:
Personal relations and property relations of persons declared dead by courts
1. When a decision of a court declaring that a person is dead becomes legally effective, all marriage and family relations and other personal relations of such person shall be resolved in the same manner as if the person were dead.
2. The property relations of a person who is declared dead by a Court shall be resolved in the same manners as if such person were dead; the property of such person shall be dealt with in accordance with the law on inheritance.
According to the above provisions, the personal relations and property relations of persons declared dead by courts shall be handled as follows:
- For personal relations:
When a decision of a court declaring that a person is dead becomes legally effective, all marriage and family relations and other personal relations of such person shall be resolved in the same manner as if the person were dead.
- For property relations:
+ The property relations of a person who is declared dead by a Court shall be resolved in the same manners as if such person were dead;
+ The property of such person shall be dealt with in accordance with the law on inheritance.
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