09/07/2022 10:22

13 Judgment to apply Precedence 02/2016/AL on property recovery disputes in Vietnam

13 Judgment to apply Precedence 02/2016/AL on property recovery disputes in Vietnam

So far, there have been many cases where Vietnamese people living abroad spent money to buy land and asked domestic people to name it in their household, and then there was a dispute to reclaim their property. The problem here is how to ensure the interests between the person who actually pays and the person who has the effort to preserve and maintain to increase the value of that part of the land. Since 2016, precedence 02/2016/AL has been published, which has partly removed the above problems, making it easy for the Court to apply to solve related cases. Also according to case law, in case it is not possible to accurately determine the effort of the person in the name of the household, it is necessary to determine the person who actually pays to receive the transfer and the person in whose name the transferee has equal efforts to share the price. value of the additional difference compared to the original amount received for the transfer of the original land use right.

The following are 13 judgments on property recovery disputes with the application of precedence 02/2016/AL Judges Council of the Supreme People's Court updated by LawNet, please read for reference.

1. Judgment on the dispute to reclaim property is the value of land use rights No. 220/2019/DS-PT

2. Judgment on disputes over property ownership and property claims No. 633/2019/DS-PT

3. Judgment on property ownership dispute No. 347/2019/DS-PT

4. Judgment on house and land ownership disputes No. 520/2020/DS-PT

5. Judgment on disputes over land use rights and land-attached assets (houses) No. 223/2020/DS-PT

6. Judgment on house ownership disputes, house purchase and sale contract disputes and cancellation of individual decision No. 590/2020/DS-PT

7. Judgment on property claim and claim for property damage No. 17/2019/DS-ST

8. Judgment on disputes over house ownership, residential land use rights and house purchase and sale contract disputes No. 361/2020/DS-PT

9. Judgment on the dispute over land claim No. 317/2020/DS-PT

10. Judgment on property ownership disputes No. 353/2020/DS-PT

11. Judgment on property recovery dispute No. 75/2017/DSST

12. Judgment on disputes over house ownership and land use rights No. 668/2019/DS-PT

13. Judgment on disputes over house ownership and land use rights No. 101/2020/DS-PT

Continuing to update...

Phuong Uyen
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