Case law No. 07/2016/AL regarding the “Recognition of the house purchase & sale contract established before July 01, 1991 ”
October 15, 2020 Case Law
This case law was approved by the Judicial Council of the Supreme People’s Court on October 17, 2016 and promulgated under Decision No. 698/QD-CA dated October 17, 2016 by the Chief Justice of the Supreme People’s Court.
Source of this case law: Cassasion Decision No. 126/2013/DS-GDT dated September 23, 2013 issued by the Judicial Council of the Supreme People’s Court regarding the case of “Dispute over the house ownership and use rights” in Ha Noi between the plaintiffs (including Mr. and Ms. Nguyen Dinh Song, Nguyen Thi Hong, Nguyen Thi Huong) and the defendants (including Mr. And Ms. Do Trong Thanh, Do Thi Nguyet, Vuong Chi Tuong, Vuong Chi Thang, Vuong Bich Van, Vuong Bich Hop); people with related interests and obligations include Mr. and Ms. Nguyen Thi Lan, Nguyen Thi Hay, To Thi Lam, Nguyen Dinh Uan, Nguyen Thi Hop, Nguyen Dinh Hoa, Nguyen Thi Minh Nguyet, Tran Thi Bich, Vu Dinh Hau.
In the case of “Dispute over the house ownership and use rights”, the house purchase & sale contract established in written before July 01, 1991 recognized the seller’s signature and statement that the seller had fully received the payment; althought the buyer had not signed yet but always keeping this contract and managing, using the house for a long time without any dispute over this payment reclaimed by the seller. In this case, the contract entered into force in determining the full payment made by and a goodwill from the buyer within the house sale & purchase agreement, therefore the purchase & sale contract was recognized.