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  3. Judgment - Comments Judgment
  • Division of house upon divorce: Are you still entitled to stay until you receive the difference in Vietnam?
  • Division of house upon divorce: Are you still entitled to stay until you receive the difference in Vietnam? 21/07/2022
    When a couple has decided to divorce, it is normal for the party who is not entitled to own the house to move to another place. However, in reality, for objective and subjective reasons, there are many cases where the spouses do not have a place to live, or cannot find a new place to live. So how do solve it when the spouse has to carry the luggage out of the house and they have nowhere to stay? Can they stay in the “shared house” and if so, how long will they stay?
    - 2 năm trước
  • Reject application due to choosing the wrong object and asking to sue in Vietnam
  • Reject application due to choosing the wrong object and asking to sue in Vietnam 21/07/2022
    So far, filing a lawsuit has never been simple, from writing an application, filing an application for the court to accept until the case will be brought to trial is a process with great difficulties for people, especially those with limited knowledge of the law. But it is a fact that even until the case is brought to trial, it does not mean that the plaintiff's claim will be resolved, but it is likely that the court will reject the application because of errors in the content of the petition.
    - 2 năm trước
  • The verbal land transfer contract is still not declared invalid in Vietnam?
  • The verbal land transfer contract is still not declared invalid in Vietnam? 21/07/2022
    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:
    - 2 năm trước
  • Causing disruption at the court hearing is subject to criminal prosecution in Vietnam?
  • Causing disruption at the court hearing is subject to criminal prosecution in Vietnam? 21/07/2022
    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.
    - 2 năm trước
  • Does the family have the right to sue for a common property disputen in Vietnam ?
  • Does the family have the right to sue for a common property disputen in Vietnam ? 21/07/2022
    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?
    - 2 năm trước
  • Selling land without selling houses in Vietnam
  • Selling land without selling houses in Vietnam 20/07/2022
    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?
    - 2 năm trước
  • Be careful with the type of mortgage loan agreement with other people's property in Vietnam
  • Be careful with the type of mortgage loan agreement with other people's property in Vietnam 20/07/2022
    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.
    - 2 năm trước
  • Inheritance division for mortgaged houses and land in Vietnam
  • Inheritance division for mortgaged houses and land in Vietnam 20/07/2022
    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?
    - 2 năm trước
  • The contract without specify the conditions for the donation, Is the land being reclaimed?
  • The contract without specify the conditions for the donation, Is the land being reclaimed? 20/07/2022
    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.
    - 2 năm trước
  • When is a child born after a divorce considered a common child in Vietnam?
  • When is a child born after a divorce considered a common child in Vietnam? 20/07/2022
    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.
    - 2 năm trước
  • Interest rate on delayed payment in economic judgment in Vietnam
  • Interest rate on delayed payment in economic judgment in Vietnam 20/07/2022
    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.
    - 2 năm trước
  • The scholarship has been granted, can the sponsor get it back in Vietnam?
  • The scholarship has been granted, can the sponsor get it back in Vietnam? 19/07/2022
    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?
    - 2 năm trước
  • Loan documents of illiterate people in Vietnam
  • Loan documents of illiterate people in Vietnam 19/07/2022
    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?
    - 2 năm trước
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