The organization of tontine must comply with the principles stipulated in Article 3 of Decree 19/2019/ND-CP:
- The organization of a tontine must adhere to the fundamental principles of civil law prescribed in Article 3 of the Civil Code 2015. To be specific:
+ All individuals and legal entities are equal, not discriminated against for any reason; they are equally protected by law in terms of personal rights and property.
+ Individuals and legal entities establish, perform, and terminate their civil rights and obligations on the basis of free, voluntary commitments, and agreements. All commitments and agreements that do not violate prohibitions of the law and are not contrary to social ethics are effective for the parties involved and must be respected by other entities.
+ Individuals and legal entities must establish, perform, and terminate their civil rights and obligations in good faith and honesty.
+ The establishment, performance, and termination of civil rights and obligations must not infringe upon the national, ethnic, public interests, or legitimate rights and interests of others.
+ Individuals and legal entities must bear responsibility for non-performance or improper performance of their civil obligations.
- The organization of a tontine is only conducted for the purpose of mutual assistance among the participants in the tontine relationship.
- It is not permitted to organize tontine for the purpose of usurious lending, fraudulently acquiring property, abusing trust to appropriate property, unlawfully raising capital, or other illegal acts.
Below are some judgments regarding disputes on tontine contribution contracts:
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