Jurisprudence no. 03/2016/AL was adopted by the Council of Judges of the Supreme People’s Court on 6 April 2016 and declared by the Chief Justice of the Supreme People’s Court in the decision no. 220/QD-CA dated 6 April 2016.
Source of jurisprudence: Cassation decision no. 208/2013/DS-GDT dated 3 May 2013 of the Civil Branch of the Supreme People’s Court concerning a dispute on divorce in which the Claimant is Mrs. Do Thi Hong, the Respondent is Mr. Pham Gia Nam and the persons with related interests and obligations are Mr. Pham Gia Phac, Mrs. Phung Thi Tai, Mr. Pham Gia On, Ms. Pham Thi Lu, Mr. Bui Van Dap and Ms. Do Thi Ngoc Ha.
Established rule: In the situation where parents allow their children’s spouses to build residential house on their land without any objection from either the parents or other members of the family, and the spouses act bona fide and are issued with the certificate of land use rights, the Court shall determine that the land use rights are donated to the spouses.
Legal basis: Articles 176(2) and 242 of the Civil Code 1995; Article 14 of the Law on Marriage and Family 1986.
Keywords: divorce, common marital property, donation of property, establishment of ownership, establishment of ownership under agreement.
Case brief prepared by the “Vietnamese Civil Jurisprudence” project: Jurisprudence no. 03/2016/AL