Supreme People's Court of Vietnam: 04 more precedents to be applied in the trial from April 15, 2021

Supreme People's Court of Vietnam: 04 more precedents to be applied in the trial from April 15, 2021
Nguyễn Trinh

Recently, the Supreme People's Court of Vietnam issued Decision 42/QD-CA on the publication of precedents.

Published together with this Decision are 04 precedents that have been approved by the Council of Judges of the Supreme People's Court of Vietnam and officially put into use in trial from April 15, 2021. Specifically include:

  • Precedent No. 40/2021/AL on recognition of the actual conversion of land use rights, approved on February 23, 2021;
  • Precedent No. 41/2021/AL on termination of actual marriage, passed on February 23, 2021;

  • Precedent No. 42/2021/AL on the consumer's right to choose a court to settle disputes in the case of a model contract with an arbitration agreement, passed on February 24, 2021;

  • Precedent No. 43/2021/AL on the validity of the mortgage contract in case the mortgaged property is a house and land transferred by the mortgagor of another person but has not yet paid the seller in full, passed on February 25, 2021.

Note: The application of precedent is carried out according to the guidance in Article 8 of Vietnam's Resolution 04/2019/NQ-HDTP dated June 18, 2019 on the process of selecting, announcing and applying precedent.

See details of each precedent in Vietnam's Decision 42/QD-CA, effective from March 12, 2021.


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