Does a husband need his wife's consent to borrow money from a bank by borrowing his grandparents' land use right certificate in Vietnam?
I have a question as follows. I am borrowing my grandparents' land use right certificate to borrow money from a bank. However, my wife does not agree to sign the documents. Can I borrow money from the bank using my grandparents' land use right certificate without my wife's signature? I would like your legal help!
Pursuant to Article 500 of the Civil Code in 2015 stipulating contract of land use rights as follows:
The contract of land use rights means the agreement between the parties that the land user convert, transfer, lease, sublease, donate, mortgage and contribute land use rights as capital or exercise other rights to the other party as prescribed in the Law on land; and the other party shall exercise rights and perform obligations according to the contract to the land user.
Therefore, your parents are the ones who have the right to exercise the rights over the real estate owned by them, including the mortgage of the loan for you. This is a civil relationship between your parents and the bank, not related to your wife.
Your borrowing of land use right certificate (owned by your parents) with the bank, in essence, is a relationship between your parents and the bank.
Therefore, your borrowing the land use right certificate of your parents to carry out mortgage loan at the bank will not require the consent of your wife.
Does a husband need his wife's consent to borrow money from a bank by borrowing his grandparents' land use right certificate in Vietnam? - Source: internet
Can a bank sue a person who bought a phone on installment but then went to rehab in Vietnam?
I bought a phone on installment from F Bank. However, I have to go to rehab. I would like to ask if the bank has the right to sue me? Thank you!
Pursuant to Article 453 of the Civil Code in 2015 stipulating purchases by deferred payment or payment in instalments as follows:
1. Parties may agree that the purchaser may purchase by deferred payment or payment in instalments of the purchase price within a time limit after delivery of the purchased property. The seller has title retention of the property sold until the purchaser has paid the purchase price in full, unless otherwise agreed.
2. Contracts for purchase by deferred payment or payment in instalments shall be made in writing. The purchaser may use the property purchased by deferred payment or payment in instalments and bear all risks during the period of use, unless otherwise agreed.
Therefore, if you have signed a contract to buy a phone on installment, you are obligated to repay the loan according to the terms of the contract. Going to rehab is not a reason to be exempt from this obligation. If you do not repay the loan on time, the bank has the right to sue you according to the Civil Procedure Code in 2015.
Can a bank sell debt to a third party in Vietnam?
More than 580 days ago, I borrowed 72 million from V bank. I have to pay 2.3 million VND per month for 5 years. I had already paid for 6 months. However, due to family circumstances, I was unable to continue to pay the bank. Is it legal if V bank selling my debt to a third party, HN Joint Stock Company for Debt Collection, with its headquarters in Hanoi? At the moment, I have only received a debt collection letter, but have not received a power of attorney from V bank for HN to collect my debt. Is HN doing so legal?
Pursuant to Article 450 of the Civil Code in 2015 stipulating sale of property rights as follows:
- Where property rights are sold, a seller must deliver the relevant documents and complete the procedures for transferring the ownership rights to the purchaser and the purchaser must pay the seller.
- Where property rights are the right to demand payment of a debt and the seller has guaranteed the ability to pay of the debtor, the seller must be jointly liable for payment if the debt falls due and the debtor fails to pay.
- The time when ownership rights with respect to property rights are transferred is the time when a purchaser receives documents evidencing the ownership rights with respect to the property rights, or the time when the transfer of the ownership rights is registered if so provided by law.
According to the information you provided, V Bank sold your debt to a third party, HN Joint Stock Company for Debt Collection, with its headquarters in Hanoi. This is considered the sale of a property right (the right to collect debt) by V Bank to HN Joint Stock Company. This sale is in accordance with the law.
When V Bank sold the right to collect debt to HN, HN became your creditor. Therefore, HN does not need a power of attorney from V Bank to collect debt from you.