What is dowry in Vietnam? When one party cancels the marriage, does the other party have the right to claim the dowry in Vietnam given?
What is dowry in Vietnam?
Currently, the law does not have specific provisions on the concept of dowry in Vietnam, but based on the most common understanding we can understand:
Dowry in Vietnam is a phrase that means only the gift that a daughter will be given by her parents when she gets married, celebrating the day she left the loving arms of her parents.
Or you can also understand dowry in Vietnam as the money and material that the male's family gives to the daughter-in-law when their son and that daughter get married.
The dowry in Vietnam can be clothes, jewelry, items, money, etc.
Most of the dowry in Vietnam is given to the daughter on the condition that both of them perform the marriage ceremony together.
Is dowry in Vietnam considered joint property or separate property of husband and wife?
Pursuant to the provisions of Clause 1, Article 33 of the Law on Marriage and Family 2014, the property of husband and wife during marriage is as follows:
Joint property of husband and wife
1. Common property of husband and wife includes property created by husband and wife, income from labor, production and business activities, yields, profits arising from separate property and other lawful incomes in the family. the marriage period, except for the cases specified in Clause 1, Article 40 of this Law; property that husband and wife inherit jointly or are given as a gift and other property that husband and wife agree is common property.
Land use rights acquired by husband and wife after marriage are the common property of husband and wife, except where the spouses are separately inherited, given separately or acquired through transactions with separate property.
Accordingly, property created by husband and wife, incomes from labor, production and business activities, yields, profits arising from separate property and other lawful incomes during the marriage period are considered as follows: is the common property of husband and wife.
Pursuant to the provisions of Article 43 of the Law on Marriage and Family 2014, the separate property of husband and wife is as follows:
Separate property of husband and wife
1. Separate property of husband and wife includes property that each person has before marriage; privately inherited property, given separately during the marriage; property divided among husband and wife according to the provisions of Articles 38, 39 and 40 of this Law; property serving the essential needs of the husband and wife and other property which, as prescribed by law, belongs to the husband and wife separately.
2. Property formed from the separate property of husband and wife is also the separate property of husband and wife. Yields and profits arising from separate property during the marriage period shall comply with the provisions of Clause 1, Article 33 and Clause 1, Article 40 of this Law.
Pursuant to Article 11 of Decree 126/2014/ND-CP also stipulates the separate property of husband and wife as follows:
Other private property of husband and wife as prescribed by law
1. Property rights to intellectual property objects in accordance with the law on intellectual property.
2. Property that husband and wife establish separate ownership according to a judgment or decision of a court or other competent agency.
3. Allowances and incentives received by husband and wife in accordance with the law on incentives for people with meritorious services to the revolution; other property rights attached to the personal identity of the husband and wife.
Based on the above rules we can see:
In case a dowry in Vietnam is a gift given by parents to the bride on the wedding day but not specifically given to the bride, the property is determined to be the common property of the husband and wife.
In case the dowry in Vietnam is a wedding gift that is dedicated to the bride, this is considered the bride's private property.
What is dowry in Vietnam? When one party cancels the marriage, does the other party have the right to claim the dowry given? (Image from the internet)
When one party cancels the marriage, does the other party have the right to claim the dowry in Vietnam given?
In the scope of the article, we consider a dowry in Vietnam as a gift from the husband's parents to his daughter-in-law.
Usually the wedding gift (dowry in Vietnam ) of the husband's family will be given to the woman in the interrogation ceremony of both parties and by default, it can be understood that the gift of this valuable property to the future daughter-in-law is inevitable. must be accompanied by the condition that both must organize a marriage and the daughter must become their daughter-in-law. This is considered a conditional gift giving.
Pursuant to the provisions of Article 462 of the Civil Code 2015 on giving gifts with conditions as follows:
Conditional donation of property
1. The donor may require the grantee to perform one or more obligations before or after the donation. Conditions for donation must not violate the prohibition of the law, not contrary to social ethics.
2. In case an obligation must be performed before the donation, if the donor has fulfilled the obligation but the donor does not deliver the property, the donor must pay the obligation that the donor has performed.
3. In case the donor has to perform an obligation after the donation, but the donor fails to perform, the donor has the right to reclaim the property and demand compensation for damage.
Accordingly, in the event that an obligation has to be performed after the donation but the donor fails to perform, the donor has the right to reclaim the property and demand compensation for damage.
Thus, in case the dowry in Vietnam is a gift from the male family to the daughter-in-law during the betrothal ceremony in order to ensure the marriage conditions of two people but both do not get married, the donor has the right to claim back. dowry and claim damages.
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