The Supreme People's Court has just announced 04 new precedents. What are the specific contents of these precedents? - Hoang Vy (Nghe An, Vietnam)
Article table of contents
On October 14, 2022, the Chief Justice of the Supreme People's Court issued Decision 323/QD-CA on the publication of case precedents. In which four more case precedents have been announced by the Council of Judges of the Supreme People's Court.
Supreme People's Court of Vietnam: 04 more precedents to be applied from November 15, 2022 (Internet image)
1. Precedent No. 53/2022/AL on annulment of illegal marriage
- Judicial source:
Decision No. 04/2021/HNGĐ-GDT dated July 7, 2021 by the Council of Judges of the Supreme People's Court on the civil matter "Request for Annulment of Illegal Marriage"; the petitioner is Mrs. Nguyen Thi S, who has related rights and obligations, including three people.
- Overview of the content of the Precedent:
+ Case scenario:
A man and a woman living together as husband and wife before January 3, 1987 (the effective date of the Law on Marriage and Family 1986), without marriage registration, having a wedding ceremony and living together in Vietnam for a period of time. Male. After that, the two sides went abroad to live, and conflicts arose. When the divorce has not been resolved, one party shall register the marriage with another at a competent Vietnamese state agency.
+ Legal solutions:
In this case, the Court must determine the first marriage relationship as an actual marriage. When the actual marriage relationship has not been terminated but one party registers his marriage with another at a competent Vietnamese state agency, this marriage is illegal. The court accepted the request to annul the illegal marriage.
2. Precedent No. 54/2022/AL on determining custody rights of children under 36 months of age in cases where the mother does not directly care for, nurture, and educate the child.
- Judicial source:
Decision No. 01/2019/HNGĐ-GDT dated February 27, 2019 of the High People's Court in Da Nang on the marriage and family case "Divorce, dispute over child rearing" in Dak Lak province between the plaintiff, Ms. Pham Thi Kieu K, and the defendant, Mr. Nguyen Huu P.
- Overview of the content of the Precedent:
+ Case scenario:
In a marriage and family case where there is a dispute over custody of a child under 36 months old, the mother voluntarily left when the child was very young, not interested in looking after, caring for, raising, and educating the child; the child is raised and cared for by the father in good conditions and is used to those living conditions and environment.
+ Legal solutions:
In this case, the Court must continue to hand over the child under 36 months of age to the father for direct nurturing and care.
3. Precedent No. 55/2022/AL on the recognition of the validity of a contract that violates the formality conditions
- Judicial source:
The first-instance civil judgment No. 16/2019/DS-PT dated March 19, 2019 of the People's Court of Quang Ngai province on the case "Dispute over contract for transfer of land use rights" between plaintiff Mr. Vo Si M and the defendant Mr. Doan C; Persons with related interests and obligations include 05 people.
- Overview of the content of the Precedent:
+ Case scenario:
The land use right transfer contract made before January 1, 2017 has not been notarized/certified but the transferee has fulfilled 2/3 of its obligations.
+ Legal solutions:
In this case, the Court recognizes the validity of the contract.
4. Precedent No. 56/2022/AL on the settlement of disputes over grave relocation.
- Judicial source:
First-instance civil judgment No. 33/2019/DS-ST dated November 18, 2019 of the People's Court of Chau Thanh district, Kien Giang province on the case "Dispute over request to stop the act of preventing grave relocation" between the plaintiff, Mrs. Tran Thi Thu V, and the defendants, Mr. Vuong Minh T, Mr. Vuong Minh H.
- Overview of the content of the Precedent:
+ Case scenario:
When the husband died, the wife asked to bury him on the land of the relatives next to the husband's house. After that, the wife wanted to move the husband's grave to her family's land, but a dispute arose.
+ Legal solutions:
In this case, the Court must determine that the wife has the right to relocate the husband's grave for management and care.
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Note: The People's Courts and Military Courts are responsible for studying and applying precedents in trials from November 15, 2022. The application of case precedent is carried out according to the guidance in Article 8 of Resolution 04/2019/NQ-HDTP dated June 18, 2022, by the Council of Judges of the Supreme People's Court on the process of selecting, announcing, and applying Precedent. |
Decision 323/QD-CA takes effect from the date of signing.
Nhu Mai
- Key word:
- precedent in Vietnam
- 04 precedent in Vietnam
