Judgment

The verbal land transfer contract is still not declared invalid in Vietnam? 07/10/2022

We often know that a contract for the transfer of land use rights must be made in writing and notarized to be valid. However, not every case that does not satisfy the above conditions is also invalid. A typical example is a judgment where two parties entered into a verbal land transfer contract but were not declared invalid in the following judgment:

- 11 months ago

Causing disruption at the court hearing is subject to criminal prosecution in Vietnam? 07/10/2022

Judgment, the decision of the court is the final judgment that marks the end of the trial process of judgment in Vietnam. When the court's decision was made, there were a number of cases where the results were not accepted; Because of impatience, temporary impulsiveness, the participants in the proceedings accidentally committed illegal acts.
- 11 months ago

Does the family have the right to sue for a common property disputen in Vietnam ? 07/10/2022

The common property of a family is property under common ownership of the family, for example, the right to use land, from the road, family church, objects used for worship, other property formed by custom or contributed, donated by members of the family line, etc. The common property of the family is the undivided common property in Vietnam.

The family line is an organization without legal personality. Therefore, in civil proceedings, can the family line become a litigant?
- 11 months ago

Selling land without selling houses in Vietnam 07/10/2022

Currently, even though there are houses and other properties attached to the land on the land, for some reason the parties to the contract for the transfer of land use rights have notarized or authenticated, but the content of the contract cannot Currently transferring houses and assets attached to the land. In this case, how will the Court settle when the parties have a dispute about the performance of the contract?

- 11 months ago

Be careful with the type of mortgage loan agreement with other people's property in Vietnam 07/10/2022

Currently, third-party mortgage loans are increasingly popular. Because many people believe that as long as there is collateral, even if the borrower does not fulfill the debt repayment obligation, they can still handle the collateral to pay.

However, in fact, because the "third party" has no obligations arising from the loan contract, but they only have the responsibility and obligations from the mortgage contract of their own property, the mortgage contracts are easily voided for a variety of reasons.
- 11 months ago

Is the land exchange by hand paper still recognized by the Court of Vietnam? 07/10/2022

A land exchange or “land use right conversion” that is legally hand-written would not have been recognized by previous legislation, but in practice, there are some exceptions.
- 11 months ago

Distinguishing cassation and retrial in civil in Vietnam 07/10/2022

Cassation and reopening are quite familiar concepts in the proceedings. So now that you have a good understanding of these two procedures, what similarities and differences do they have?
- 11 months ago

The judge is not required to explain to the litigant the right to request the application of the statute of limitations in Vietnam 07/10/2022

The statute of limitations for initiating a lawsuit is the time limit within which the subject is entitled to initiate a lawsuit to request the Court to settle the civil judgment to protect the infringed lawful rights and interests; if that time limit expires, the right to sue is lost. However, not all judgments when the statute of limitations expires, they lose the right to sue in Vietnam
- 11 months ago

Inheritance division for mortgaged houses and land in Vietnam 07/10/2022

Currently, there are many judgments where the plaintiff asks the Court to divide the inheritance, in which part of the estate is the land use right that is mortgaged at the Bank to secure the loan. If the plaintiff's lawsuit requesting the division of inheritance is grounded, how to divide the inheritance to be both satisfactory and to ensure the correct implementation of the law of Vietnam?

- 11 months ago

The contract without specify the conditions for the donation, Is the land being reclaimed? 07/10/2022

At present, most contracts for the donation of land use rights are signed without specifying the conditions for donation in the contract, but only an oral contract. Therefore, when a dispute occurs, it is difficult for the Court of Vietnam to recognize the conditions for gifting the land use right that are not included in the contract.
- 11 months ago

When is a child born after a divorce considered a common child in Vietnam? 07/10/2022

According to the provisions of the Law on Marriage and Family of Vietnam, children born within 300 days after divorce are considered common children of husband and wife. However, are all of the above cases considered common children of husband and wife? The judgment below is a prime example.
- 11 months ago

Interest rate on delayed payment in economic judgment in Vietnam 07/10/2022

In recent years, the number of commercial business lawsuits about the delayed performance of payment obligations at the Court of Vietnam has gradually increased. The delayed payment interest rate will be decided by the Court, which is of the most interest to the parties. However, the resolution of this issue by the Court still has many problems and there is no consensus.
- 11 months ago

The scholarship has been granted, can the sponsor get it back in Vietnam? 07/10/2022

The scholarship is a grant to encourage students to study from philanthropic sponsors. However, there are still cases where sponsors claim back the scholarships they have granted. So according to the current regulations, can the scholarships already granted be reclaimed?

- 11 months ago

Loan documents of illiterate people in Vietnam 07/10/2022

Life now has many advances, and people's knowledge has been improved, but there are still cases of illiterate people participating in civil transactions. So when there is a dispute, how will the court handle such civil transactions?
- 11 months ago

Does an adulterous spouse have child custody restrictions in Vietnam? 07/10/2022

The more modern society is, the more common adultery is. Therefore, when a spouse has an affair, will it affect the right to raise children and how will it affect? Everyone learns through the following judgment.
- 11 months ago

Accepting mortgage of real estate as inheritance - Risk of contract void in Vietnam 07/10/2022

The acceptance of mortgaged property which is a land use right derived from inheritance in reality has many potential risks for credit institutions. If it is legal to establish a mortgage contract, will it affect the mortgage contract when there are disputes related to the inheritance in Vietnam?
- 11 months ago

Is the commitment to love your spouse until the end of the life legally valid in Vietnam? 07/10/2022

Before getting married, many couples will promise each other all kinds of things such as loving and taking care of each other until the end of their lives.... So when the above promises are signed into a written commitment, are they legally effective?

- 11 months ago

Fraud in civil transactions - trial practice in Vietnam 07/10/2022

Deception in a civil transaction is the intentional act of one party to make the other party misunderstand the subject, nature, object, or content of the transaction, so that transaction has been established. So how to determine what is cheating in a real case and how to resolve that transaction?
- 11 months ago

There is a certificate of land use right, the transfer contract is still invalid in Vietnam? 07/10/2022

At present, there are still many cases where the recipient of a legal land use right transfer or donation has been granted a certificate of land use right but has been distrained and solved by the previous owner's judgment. So, how will the Court solve it to both ensure the execution of the judgment and ensure the rights and interests of an honest third party?
- 11 months ago

Similar application of law – trial practice in Vietnam 07/10/2022

In the trial practice of the Court of Vietnam, the same application of the law is often applied in some cases. So when does the Court apply the same law in trial and with what arguments?
- 11 months ago

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