Release of 04 New Precedents

04 case precedents were approved by the Judicial Council of the Supreme People's Court on October 3 and were announced by the Chief Justice of the Supreme People's Court on October 17, including: 01 civil case precedent, 02 business and commercial case precedents, and 01 administrative case precedent.

To be specific:

Case Precedent No. 07/2016 recognizing the house sale contract established before July 01, 1991.

This precedent was developed from a cassation decision of the Judicial Council of the Supreme People's Court regarding the civil case "Dispute over house ownership and use," addressing the situation where a house sale contract was written before July 1, 1991, signed by the seller, clearly stating that the seller received full payment, but the buyer did not sign the contract yet held the contract and managed and used the house stably for a long time without any dispute from the seller to reclaim the house payment.

In practice, when adjudicating similar cases, some courts often base their decision on the fact that the buyer did not sign the house sale contract to not recognize the contract. Such an assessment does not ensure the buyer's rights. Therefore, the content of this precedent provides a legal solution for courts to uniformly recognize that, in this case, the contract has the value of confirming that the buyer paid the full amount to the seller and agreed to the house sale contract. Thus, the house sale contract is recognized.

Case Precedent No. 08/2016 on determining interest rates, adjusting interest rates, and adjusting interest rates in credit contracts from the day following the trial date of the first instance. This precedent was developed from a cassation decision of the Judicial Council of the Supreme People's Court regarding the business, commercial case "Dispute over credit contract".

Case Precedent No. 09/2016 on determining the average overdue interest rate in the market and the payment of interest on the breach amount, compensation for damages. This precedent was developed from a cassation decision of the Judicial Council of the Supreme People's Court regarding the business, commercial case "Dispute over the goods sale contract".

Case Precedent No. 10/2016 on administrative decisions being the subject of administrative lawsuits. This precedent was developed from a cassation decision of the Judicial Council of the Supreme People's Court regarding the administrative case "Complaint about compensation, support, and resettlement decisions when the state recovers land".

Also at this press conference, the Supreme People's Court announced the electronic information page about case precedents. All case precedent collections, draft precedents, source precedents, and international precedents, etc., are posted on the website: www.anle.toaan.gov.vn for public and organizational reference.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE