Civil Law · Family Law · Vietnamese Jurisprudence

Jurisprudence no. 04/2016/AL

Jurisprudence no. 04/2016/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. 04/2010/QD-HDTP dated 3 March 2010 of the Council of Judges of the People’s Supreme Court concerning a dispute on contract for transfer of land use rights in which the Claimants are Mr. Chu Van Tien and Mrs. Kieu Thi Ty, the Respondent is Mr. Le Van Ngu and the persons with related interests and obligations are Ms. Le Thi Quy, Mrs. Tran Thi Phan, Mr. Le Van Tam, Ms. Le Thi Tuong, Mr. Le Duc Loi, Ms. Le Thi Duong, Mr. Le Manh Hai and Ms. Le Thi Nham.

Established rule: Concerning land use rights and ownership of houses which are common marital property, in the situation where only one of the spouses signs the contract for transfer of property, the non-signing spouse cannot challenge the validity of the transaction relying on his/her own non-signing if the transferee acts bona fide, the transferors fully receive the payment from the transferee, and the non-signing spouse knows and benefits from the transaction.

Legal basis: Article 176(2) of the Civil Code 1995; Article 15 of the Law on Marriage and Family 1986.

Keywords: dispute on contract for transfer of land use rights, disposal of common marital property, establishment of ownership under agreement.

Case brief prepared by the “Vietnamese Civil Jurisprudence” project: Jurisprudence no. 04/2016/AL

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