Resolution 01/2020: Guidance on Settling Common Property Disputes within Families

Recently, the Supreme People's Court issued Resolution No. 01/2020/NQ-HDTTP providing guidance on the application of certain legal provisions in the resolution of disputes over communal property of clans.

the right to initiate lawsuits for disputes over communal property of the family line to protect the legitimate rights and interests of the family line is stipulated as follows:

- Members of the family line have the right to initiate lawsuits for disputes over communal property of the family line to protect the legitimate rights and interests of the family line according to the provisions of civil procedural law;- The family line is not the plaintiff. Collectives (e.g., branches, sub-branches, family council, etc.) do not have the right to initiate lawsuits for disputes over communal property of the family line to protect the legitimate rights and interests of the family line.

Determination of family line members: Family line members are individuals within the family line determined according to widely recognized customs where the family line exists. The disputing parties are responsible for providing the names and addresses of the family line members.

Details can be found at Resolution 01/2020/NQ-HDTP, effective from April 10, 2020.

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