Vietnam: Is it possible to give a phone to your lover on Valentine's Day? In what cases can gifts be reclaimed?
Is giving a phone to your partner verbally valid in Vietnam?
Pursuant to Article 119 of the 2015 Civil Code of Vietnam, the following forms of civil transactions are provided:
Article 119. Forms of civil transactions
1. A civil transaction shall be expressed verbally, in writing, or through specific acts.
Civil transactions by way of electronic means in form of data messages prescribed in law on electronic transactions shall be deemed to be written civil transactions.
2. In cases where it is provided for by law that a civil transaction must be expressed in writing, notarized, authenticated, registered or permitted, such provisions must be complied with.
Accordingly, civil transactions are not required to be in writing to take legal effect, but can also be expressed in many other forms such as words and specific acts.
Therefore, in the case of donating a phone, the law is not required to be made in writing. Therefore, if this donation is completely voluntary, does not violate the prohibitions of the law and meets the conditions in Article 117 of the Civil Code of Vietnam 2015, the gift of the phone to the lover by specific words or acts will still be valid.
Article 117. Conditions for effective civil transactions
1. A civil transaction shall be effective when it satisfies all of the following conditions:
a) Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction;
b) Participants in the transaction act entirely voluntarily;
c) The purpose and contents of the transaction are not contrary to the law and/or social ethics.
2. The forms of civil transactions shall be the conditions for its effectiveness in cases where it is so provided for by law
Vietnam: Is it possible to give a phone to your lover on Valentine's Day? In what cases can gifts be reclaimed?
Valentine's Day: Is it possible to give a phone to your lover in return in Vietnam?
Pursuant to Article 458 of the Civil Code of Vietnam 2015, the donation of immovable property is as follows:
Article 458. Gifts of moveable property
1. A contract for a gift of moveable property shall take effect when the recipient accepts the property, unless otherwise agreed.
2. Where the law requires the ownership rights with respect to such moveable property to be registered, the contract shall take effect from the time of registration.
At the same time, Article 107 of the Civil Code of Vietnam 2015 provides for real estate and immovable property as follows:
Article 107. Immovable property and movable property
1. Immovable property includes:
a) Land;
b) Houses and constructions attached to land;
c) Other property attached to land, houses and constructions;
d) Other property as prescribed by law.
2. Moveable property is property which is not immovable property.
Accordingly, for assets such as money, phones, laptops,... will be identified as immovable. And the contract for the gift of property shall take effect from the time the gifted party receives the property, unless otherwise agreed. For immovable property for which the law provides for registration of ownership, the gift contract takes effect from the time of registration.
Thus, since the phone is immovable property that does not have to be registered for ownership, if you give it to your girlfriend, this phone will be legally owned by her from the moment the girlfriend receives the phone, you have no right to reclaim it.
In case you donate property with specific conditions, it will be based on Article 462 of the Civil Code of Vietnam 2015 as follows:
Article 462. Conditional gifts of property
1. A giver may require a recipient to perform one or several civil obligations prior to or after the giving of a gift. The conditions for giving a gift must not contravene the law or social morals.
2. Where a recipient performs an obligation required to be performed as a condition to the giving of a gift and the giver fails to deliver the gift, the giver must pay for the obligation already performed by the recipient.
3. Where a recipient fails to perform an obligation required to be performed after the giving of a gift, the giver may reclaim the gift and demand compensation for damage.
Thus, in case you give the phone with one or more specific conditions but your girlfriend fails to fulfill these conditions, you have the right to reclaim this phone and can also claim damages.
It must be noted that these accompanying conditions must not violate the prohibition of the law and not be contrary to social morality for you to have grounds to reclaim. And you have to prove that when you give your phone to your girlfriend, you include these conditions.
Under what circumstances will giving a phone to a lover be invalidated in Vietnam?
According to Article 122 of the 2015 Civil Code of Vietnam, invalid civil transactions are provided as follows:
Article 122. Invalid civil transactions
Civil transactions which fail to satisfy any one of the conditions specified in Article 117 of this Code shall be invalid.
Accordingly, referring to Article 117 of the Civil Code of Vietnam 2015, the gift of a phone to a lover will be invalidated without one of the following conditions:
- Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction;
- Participants in the transaction act entirely voluntarily;
- The purpose and contents of the transaction are not contrary to the law and/or social ethics.
Thus, if there is no one of the above conditions, for example, that you give your phone to your partner is forced, not voluntary, you can still claim it back.
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