19:14, 10/07/2024
In this article, Lawnet will summarize the scenario and legal solutions presented in the 6 new precedents issued by the Supreme People's Court of Vietnam on December 28, 2017.
Article table of contents
SUMMARY TABLE OF PRECEDENTS AND LEGAL SOLUTIONS FOR 06 NEW PRECEDENTS
| No. | Precedent Number |
Scenario | Legal Solution |
|---|---|---|---|
| 1 | 11/2017/AL | One party mortgaged the land use rights and assets attached to the land owned by them to secure the performance of a civil obligation, but there were also assets on the land owned by another person; the form and content of the contract comply with legal regulations. | In this case, the Court must determine that the mortgage contract is legally effective. |
| The mortgagor and the mortgagee agreed that the mortgagee is allowed to sell the secured asset which is the land use right while there is a house on the land that does not belong to the land user. | In this case, when resolving the dispute, the Court must give the house owner on the land the priority right to acquire the land use right if they wish. | ||
| 2 | 12/2017/AL | The Court decided to postpone the trial and the reason for the postponement was not due to the fault of the involved parties (plaintiff, defendant, persons with related rights and obligations) or their representatives, or legal protectors. The trial was rescheduled, but an involved party or their representative, or legal protector, who was duly summoned, was absent. | The Court must determine this as a case where the involved party or their representative, or legal protector, was duly summoned for the first time but was absent at the trial. |
| 3 | 13/2017/AL | An international goods sale contract includes an agreement on payment method by letter of credit (L/C), the L/C implementation agreement follows international commercial practices (Uniform Customs and Practice for Documentary Credits (UCP 600) of the International Chamber of Commerce from 2007) and complies with Vietnamese law. The international goods sale contract which is the basis of the L/C was annulled. | In this case, the Court must determine that the letter of credit (L/C) does not lose its payment validity because the international goods sale contract which is the basis of the L/C was annulled. |
| 4 | 14/2017/AL | The land use rights donation contract does not specify donation conditions, but other related documents and materials show that the parties have agreed and unified on the legal donation conditions. | In this case, the Court must recognize the conditions of the land use rights donation contract and determine that it is a conditional asset donation contract. |
| 5 | 15/2017/AL | The parties voluntarily agreed orally to exchange agricultural land use rights before October 15, 1993 (the effective date of the 1993 Land Law); they have registered, declared the exchanged land area, and it has been recorded in the cadastral book; they have particularly cultivated, used it stably, continuously, and for a long time. | In this case, the Court must recognize the oral agreement of the parties on the exchange of agricultural land use rights to determine that the parties have the right to use the exchanged land area. |
| 6 | 16/2017/AL | The inheritance property is real estate that one of the co-heirs had transferred. The other co-heirs knew and did not object to the transfer. The money from the transfer was used to support the co-heirs' lives. The transferee has been issued a certificate of land use rights. | In this case, the Court must recognize the land use rights transfer contract as lawful, and the land area transferred no longer belongs to the inheritance estate for distribution but belongs to the transferee's land use rights. |
LIST OF 16 PUBLISHED PRECEDENTS
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