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Case law No. 02/2016/AL regarding the case of “Dispute over reclaiming property”

October 15, 2020 Case Law

Case law No. 02/2016/AL was approved by the Judicial Council of the Supreme People’s Court on April 06, 2016 and promulgated under Decision No. 220/QD-CA dated April 06, 2016 by the Chief Justice of the Supreme People’s Court.

Source of this case law: Cassasion Decision No. 27/2010/DS-GDT dated July 08, 2010 issued by the Judicial Council of the Supreme People’s Court on the case of “Dispute over reclaiming property” in Soc Trang Province between Ms. Nguyen Thi Thanh as the plaintiff and Mr. Nguyen Van Tam as the defendant; the person with related interests and obligations is Ms. Nguyen Thi Yem.

In the case of “Dispute over property reclaim”, in case an overseas Vietnamese spent his/her money to receive the land use rights which were transferred from someone and then requested another Vietnamese person residing in Vietnam to state his/her name in receiving the land use rights via this transfer, when settling this dispute, the Court shall consider and assess the personal effort into maintaining, preserving and embellishing the land parcel for the purpose of increasing the value of land use rights in favor of the person who stated his/her name in Vietnam.  In case of non-determination of how much the effort was made exactly, it is compulsory to determine the separate efforts which made by the different persons, including the person who actually paid for receiving the land use rights and the person who stated his/her name in receiving the land use rights via this transfer, are equal in order to divide the difference in the increased value in comparison with the principal spent to take over the land use rights via this transfer.

Precedent’s keywords: “Property reclaim”; “Legal basis of the ownership’s establishment”; “Establishment of the ownership for income”; “Overseas Vietnamese”.

 

For Vietnamese: Please click Precedent No.02/2016/AL on the “Dispute over property reclaim” case.

For English version: Please contact us via info@letranlaw.com

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