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Case law No. 14/2017/AL regarding “Recognition of conditions of the land use rights gift agreement while such conditions are not stipulated in the agreement”

October 15, 2020 Case Law

This case law was approved by the Judicial Council of the Supreme People’s Court on December 14, 2017 and promulgated under Decision No.299/QD-CA dated December 28, 2017 issued by the Chief Justice of the Supreme People’s Court.

Source of this case law: Cassasion Decision No. 02/2011/DS-GDT dated January 17, 2011 issued by the Civil Court of the Supreme People’s Court regarding the case of “Request for cancellation of the land use right transfer agreement” in Dien Bien Province between Mr. Quang Van P1 as the plaintiff and Mr. Quang Van P2 and Ms. Phan Thi V as the defendant(s).

In this case law, the land use rights gift agreement does not stipulate any condition of gifts, but in other documents, documentation, both the parties have reached a mutual agreement on conditions of gifts as prescribed by the law.  In this case, the Court shall recognize said conditions of the land use rights gift agreement and also regard the land use right gift agreement as a conditional property gift agreement.

For Vietnamese: Please click Precedent No.14/2017/AL on recognizing a contractual condition in gifting the land use rights while such condition is not explicitly stated in the contract
For English version: Please contact us via info@letranlaw.com
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