13/07/2022 10:10

Conditional donation contract and 05 related judgments in Vietnam

Conditional donation contract and 05 related judgments in Vietnam

Contract for gifts of property is an agreement between parties whereby the donor hands over his/her property and transfers ownership rights to the donor without asking for compensation defined in Article 457 of the Civil Code 2015 of Vietnam. In essence, a property donation contract is a transfer of property ownership rights to another person. When giving property but the donor does not fulfill the attached conditions, can the donor sue to reclaim the donated property?

According to the provisions of Article 462 of the Civil Code 2015 of Vietnam on 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."

Here is a summary of 5 judgments on a contract dispute for a conditional property donation, for your reference.

1. Judgment 105/2019/DS-PT dated June 20, 2019 on the dispute over the conditional donation contract

+ Level of trial: Appellate.

+ Judicial body: People's Court of An Giang province.

+ Quote from the content: "On March 26, 2018, Ms. Nguyen Thi D1 set up a match for him to know Mrs. Ly Thi D. Mrs. D1 asked him to buy clothes, clothes, and jewelry for Mrs. D to declare that he and Mrs. D lived together; At the same time, Ms. D1 ensures that Ms. D accepts to live with him. He took Mrs. D to a gold shop to buy jewelry and went to buy 03 sets of clothes, delivered to Mrs. D, and he gave Ms. D an amount of 500,000 VND. After that, Mr., Mrs. D, Mrs. D1 and Mr. Ut and his wife went to the restaurant at Chau Doc ferry to attend a party called the declaration ceremony, the cost for the party was 800,000 VND. The party ended, he drove Mrs. D to his house, but to the canal bridge (Chau Doc), Mrs. D went to Mrs. D1's house to get a bicycle, and Mrs. D hid. The total amount of jewelry and clothes he gave Mrs. D was worth 6,000,000 VND. Now he asks Mrs. D to return him VND 6,000,000 and asks Ms. D1 to pay him back for the cost of the proclamation ceremony of VND 800,000."

+ The settlement result: Do not accept the lawsuit claim of Mr. Nguyen Van D about the claim of Ms. Ly Thi D to pay VND 6,000,000 - Do not accept the petition of Mr. Nguyen Van D about the request of Ms. Nguyen Thi D to pay 8,000,000 VND.

2. Judgment 46/2021/DS-PT dated September 10, 2021 on a dispute over a contract for conditional property donation

+ Level of trial: Appellate.

+ Judicial body: People's Court of Lang Son province.

+ Quote from the content: "Due to a serious illness, Mrs. D thought she was going to die, at that time, Mrs. Tran Thi V, her biological sister, accepted that she would be responsible for taking care of her, when she died, she would take care of the afterlife for her, Mrs. V will be entitled to her properties. On June 5, 2011, she wrote a Will witnessed by her siblings in the family. The content of the will read: “Mrs. D will give her sister, Mrs. Tran Thi V and her brother-in-law, Mr. Duong Huu Th, 01 (one) three-room house, 01 (one) garden plot number 312, map sheet 52, area of ​​833m2 in Vu Lam village, Vu Le commune and some other properties; Ms. Tran Thi V and Mr. Duong Huu Th are responsible for taking care of future affairs. If Mrs. D dies, she has to take care of the funeral, take care of 40 days, take care of 100 days, take care of 03 years, and have to worship incense forever."  In January 2020, there was a quarrel between the two sides, Mrs. V blocked the windows, and the path and cut off the water for her to share, and at the same time kicked her out of the house. Now, she asks Ms. Tran Thi V to return the properties to her so that she can go elsewhere and take care of her own life, including the proceeds from the sale of the house, land, and other properties with a total amount of 675,000 .000 VND.”

+ Result of settlement: Accepting the petition of plaintiff Ms. Tran Thi D. Forcing defendant Ms. Tran Thi V to be responsible for paying Ms. Tran Thi D an amount of VND 332,500,000.

3. Judgment 103/2018/DS-PT dated May 21, 2018 on disputes over contracts for the donation of land use rights and claims for property value arising from contracts for the donation of land use rights

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Kien Giang province.

+ Quote content: "On October 29, 2007 she was granted a certificate of land use right in Bui Thi H's name. Because she was seriously ill in 2007, Ly Thuy N insisted on giving her to N. joint name in the land use right certificate, because she saw N's pleas and words that N pledged to support her for life, she signed the paper for the land, but what the content of N was in the paper because at that time she could no longer see, her eyes were blurred and N voluntarily took her hand to sign. Since then, Ly Thuy N has kept all her house and land papers, and household registration. Since the date she was named on the land use right certificate, Ms. N abused and did not take care of her as promised by Ms. N. Many times she wanted to go home, but N cursed and kicked her out, refusing to let her in. Now she has no home to live in and has to live temporarily in her little daughter's inn. She asked the Court to cancel the contract to donate her land-use rights to Ly Thuy N, forcing N to return the house and land to her."

+ Settlement result: Accepting the claim of plaintiff Bui Thi H on the "dispute to cancel the contract of donation of land use rights and claim the value of property arising from the contract of donation of land use rights" against defendant Ms. Ly Thuy N.
Forcing Mrs. Ly Thuy N to be obliged to pay Ms. Bui Thi H the amount of 319,714,000 VND.

4. Judgment 147/2020/DS-ST dated December 17, 2020 on the dispute over the contract for the donation of land use rights

+ Trial level: First instance.

+ Judicial agency: People's Court of Dam Doi district, Ca Mau province.

+ Quote from the content: “Mrs. Nguyen Thi O gave Mr. T the land on the condition that Mr. T has the obligation to take care of her and Mrs. Nguyen Thi P for the rest of her life. After Mr. T built the house, she and Mrs. P returned to live with Mr. T and his wife. In the process of living together, conflicts arose because she and Mr. T's wife did not agree, so she and Mrs. P. live separately. After she and Mrs. P went to live separately, Mr. T gave her 05 kg of rice and 1,000,000 VND but she did not accept it. She requested to cancel the land use right transfer contract between her and Mr. T; cancel the certificate of land use rights in Mr. T's name; forced Mr. T to return the land area of ​​5,953m2, located in TTA hamlet, TAKN commune, DD district, Ca Mau province. At the same time, ask Mr. T to pay compensation of 20,000,000 VND.”

+ Results of settlement: Accepting part of the lawsuit claim of Ms. Nguyen Thi O. Canceling the contract of gifting land use rights between Ms. Nguyen Thi O and Mr. Pham Hoang T. Forcing Mr. T to return the land area of ​​5,953 m2, located in TTA hamlet, TAKN commune, DD district, Ca Mau province.

5. Judgment 197/2020/DS-PT dated September 22, 2020 on disputes over property recovery and partial cancellation of land use right transfer contracts

+ Level of trial: Appellate.

+ Judicial agency: People's Court of Tay Ninh province.

+ Quote from the content: “Mrs. To Thi T inherited the property of her father and mother, the land area of ​​​​12,245 m2, and was granted a certificate of land use right. Because she had no husband or children, she accepted Huynh Cong Th as the son of her younger brother to be adopted for him to take care of and nurture when he was old. In 2000, she married Ms. Huynh Thi H back to Mr. Th so that he and her sister could take care of and support her and later she would hand over all of her property to Mr. Th's wife and husband to inherit. Around 2016, she carried out procedures to allocate an area of ​​​​12,245 m2 for Mr. Th and Ms. H, but only Ms. H was in the name of the land use right certificate. After that, Mr. Th and Ms. H transferred part of the land to others. After being granted the land use right certificate of Mr. Th, Ms. H lacked attention and care towards her. Mr. Th left to live in hamlet B, HT commune with Ms. H so that she lived alone without someone to take care of her when she was sick. Because Mr. Th and Ms. H did not perform the duty of care, Ms. T requested to cancel part of the contract of land use right transfer dated March 18, 2016, certified No. 66, book No. 01/2016/SCT/HD, GD for plot No. 185, map sheet No. 53, area 1,378.3 m2.

+ Result of settlement: Accepting the petition of Ms. To Thi T against Mr. Huynh Cong Th and Ms. Huynh Thi H.

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