06/10/2022 17:01

Conditional donation contract and related judgments in Vietnam

Conditional donation contract and related judgments in Vietnam

According to the provisions of the Civil Code of Vietnam, a contract for the gifting 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. The donor agrees to receive.

Article 462 of Vietnam's Civil Code 1015 stipulates the conditional donation of property as follows:

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.

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.

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.

Below is a summary of some judgments on dispute over contract for conditional property donation.

1. Judgment on dispute requesting cancellation of donation contract No. 26/2019/DS-PT

- Level of trial: Appellate

- Judicial body: Ho Chi Minh City People's Court

- Summary: Mr. L and Mrs. V signed a contract to donate housing and residential land use rights with the intention of donating the house and land to Ms. Nguyen Thi Kim D. Although the donation contract is notarized. The conditions are not shown, but in fact, both parties acknowledge that Ms. V donated the house and land to Ms. D on the condition that Mr. L and Ms. V give Ms. D's house the house above, and Ms. D buys another piece of land in Binh Duong to store it. house for Mr. L and Mrs. V to live in (in the form of a house swap). But so far, Ms. D has not bought another house for Mr. L and Mrs. V. Therefore, Ms. V filed a lawsuit requesting to cancel the contract of gifting the house and the land use right between her and Mrs. D.

- Court's decision: Accepting the entire petition of Ms. Tran Thi Kim V; canceling the contract of gifting housing and land use rights between Mr. Nguyen Van L, Ms. Tran Thi Kim V, and Ms. Nguyen Thi Kim D; forcing Ms. D to return Mr. L and Ms. V the original Certificate of House Ownership and Residential Land Use Right.

2. Judgment No. 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 body: People's Court of Tay Ninh province

- Summary: Mrs. T accepted Mr. Huynh Cong Th as the son of her younger brother for adoption so that Mr. Th could take care of him when he was old and marry him. Later, she will hand over all the property back to her husband and wife to inherit on the condition that he and she take care of and support her. In 2016, she carried out the procedures to allocate an area of 12,245 m2 to Mr. Th and Ms. H. After being granted the certificate of land use right by Mr. Th, Ms. H lacked attention and care for her, so Mrs. T requested her. Cancel part of the land use right transfer contract and ask Mr. Th and Ms. H to return the land use right to her.

- Court's decision: accepting the petition of Ms. To Thi T against Mr. Huynh Cong Th and Ms. Huynh Thi H.

3. Judgment No. 101/2019/DS-PT dated September 19, 2019 on dispute over contract for property donation

- Level of trial: Appellate

- Judicial body: People's Court of Binh Phuoc province

- Summary: Mr. Pham C made a "paper for land and houses" for his son, Mr. Pham Van L, with the content that Mr. C gave Mr. L land and houses and some items. At the same time, Mr. L must commit to being responsible for Mr. C in taking care of Mr. C. When he dies, he must join his brothers and sisters to take care of funerals and graves, and take care of his grandparents' death anniversary every year. Mr. C is now suing to reclaim the land area of 296.3m2 and the property on the land that Mr. C is using because he believes that Mr. L and Mrs. H mistreated and insulted him, often did not feed him, or cursed him. threatened loudly by the old man. On the anniversary of the death anniversary of Mrs. C's mother, Mr. and Mrs. L and Mrs. H did not celebrate the anniversary and cursed and insulted him in front of the neighbors and children in the house. When Mr. C was sick, the two of them did not take him to the doctor, cursing and insulting Mr. C. Mrs. H pointed at Mr. C's face and said, "From now on, my wife and I will not raise him anymore." Now, Mr. Pham C requested The court forced Mr. Pham Van L and Ms. Nguyen Thi H to return the area of 296.3m2 of land.

- Court's decision: Not accepting the claim of plaintiff Pham C on the request to cancel a part of the contract for gifting the property to Mr. L. Accepting the lawsuit claim of Mr. Pham C about the claim of cancellation of the contract of property donation regarding Mr. Pham Van L's donation of the land use right of 296.3m2 to Ms. Nguyen Thi H.

4. Judgment No. 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

- Summary: On March 26, 2018, Mrs. D1 matched him to Mrs. Ly Thi D. Mrs. D1 asked him to buy clothes, clothes, and jewelry for Mrs. D in order to declare that he and Mrs. D were living together, while 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 3 sets of clothes, which he 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 went to the restaurant at Chau Doc ferry to attend a party called the Declaration Ceremony. The cost of 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. D's house to get a bicycle, and Ms. D hid. The total amount of jewelry and clothes he gave Mrs. D was worth 6,000,000 VND. Now, he asked Mrs. D to return him 6,000,000 VND and asked Mrs. D1 to pay him back for the cost of the proclamation party of 800,000 VND.

- Court's decision: not to accept Mr. Nguyen Van D's petition to sue Ms. Ly Thi D to pay VND 6,000,000 and Ms. Nguyen Thi D to pay VND 8,000,000.

5. Judgment No. 46/2021/DS-PT dated September 10, 2021 on the dispute over contract for conditional property donation

- Level of trial: Appellate

- Judicial body: People's Court of Lang Son province

- Summary: 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 dies, she will take care of her affairs, and Mrs. V will inherit her properties. On June 5, 2011, she wrote a Will witnessed by her siblings in the family with the following content: Mrs. D will give her sister Ms. Tran Thi V and her brother-in-law Mr. Duong Huu Th 01 (one ) space; 01 (one) garden plot number 312; map sheet 52, area 833m2; and some other properties. Mrs. V and Mr. TH are responsible for taking care of the future work. If Mrs. D dies, she has to take care of the funeral. In January 2020, the two sides quarreled and cursed each other. Mrs. V had to build a window and a path, and cut off the water for her to share, and kicked her out of the house. She is asking 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, for a total amount of 675,000 VND.

- Court's decision: Accepting the petition of plaintiff Ms. Tran Thi D. Making defendant Ms. Tran Thi V responsible for paying Ms. Tran Thi D VND 332,500,000. 

Phuong Uyen

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