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Cases not entitled to inheritance according to the 2005 Civil Code - 1


HANOI NATIONAL UNIVERSITY

FACULTY OF LAW

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MAI DANG LUU

Cases not entitled to inheritance according to the 2005 Civil Code - 1


CASES NOT ENTITLED TO INHERITANCE UNDER THE 2005 CIVIL CODE


Major: Civil Law

Code: 60 38 30


MASTER'S THESIS IN LAW


Scientific advisor: Associate Professor, Dr. Nguyen Minh Tuan


HANOI - 2013


COMMITMENT


I hereby declare that this is my own scientific research work. The figures, examples and quotations in the thesis ensure reliability, accuracy and honesty. The scientific conclusions of the thesis have never been published in any other work.


THESIS AUTHOR


Mai Dang Luu


Sub-cover Page Commitment Table of Contents

INDEX


Page

INTRODUCTION 1

1. The urgency of researching topic 1

2. Research status of topic 3

3. Research methods 4

4. New results of thesis 4

5. Structure of the thesis 5

Chapter 1: GENERAL ISSUES ON HEIRS AND

PERSONS NOT ENTITLED TO HERITAGE6

1.1 . CONCEPT OF INHERITANCE AND INHERITANCE RIGHTS 6

1.1.1. Concept of inheritance 6

1.1.2. Inheritance rights 9

1.2 . CONCEPT OF HEIR AND PERSONS NOT ENTITLED TO INHERITANCE 11

1.2.1. Concept of heir 11

1.2.2. Heirs with the right to inherit and heirs without the right to inherit 16

1.3 . DEVELOPMENT PROCESS OF LEGAL PROVISIONS ON PERSONS NOT ENTITLED TO HERITAGE

IN VIETNAM FROM 1945 TO PRESENT 21

1.3.1. The period before the August Revolution in 1945 21

1.3.2. The period from the August Revolution in 1945 to before the French invasion

The 1990 Succession Order was issued on 23

1.3.3. The period from when the 1990 Inheritance Ordinance came into effect to

2005 27

1.3.4. From 2005 to present 29

Chapter 2 : HEIRS ARE NOT ENTITLED TO INCLUDE

HERITAGE 33

2.1 . CASES WHERE THE HEIRS DO NOT HAVE THE RIGHT TO THE INHERITANCE 33

2.1.1. A person convicted of intentionally infringing upon life or health or of seriously mistreating or torturing a person who threatens his or her life.

property, seriously infringing on the honor and dignity of that person 33

2.1.2. Persons who violate the obligation to support the person leaving the inheritance 42

2.1.3. Person convicted of intentional violation of life 53

2.1.4. A person who deceives, coerces or prevents the testator from making a will; forges a will, alters a will, or destroys a will in order to receive part or all of the inheritance contrary to the testator's intention.

The will of the person leaving the legacy 55

2.2 . SOME ISSUES RELATED TO ARTICLE 643 OF THE 2005 CIVIL CODE 61

Chapter 3: CURRENT STATUS OF LAW APPLICATION AND DIRECTIONS FOR IMPROVING REGULATIONS ON PERSONS WITHOUT LEGAL CONTROL

RIGHT TO HERITAGE 67

3.1 . LEGAL STATUS ON PERSONS WITHOUT RIGHT TO INTASTATION 67

3.2 . PROPOSAL FOR IMPROVING REGULATIONS ON HEIRS WITHOUT THE RIGHT TO INHERITANCE 79

CONCLUSION 85

LIST OF REFERENCES 87

INTRODUCTION


1. The urgency of researching the topic

The 2005 Civil Code regulates property relations of individuals and organizations in most areas of social life, to facilitate individuals and organizations to fully and comprehensively exercise their legitimate rights and interests in the civil field. The 2005 Civil Code has created a legal corridor for stable civil exchanges, contributing to stabilizing and improving the material and spiritual life of the people in the process of socio-economic development of our country in the process of international economic integration.

In the Civil Code, inheritance is one of the legal institutions that plays an important role in transferring the deceased's assets to their heirs according to the will or according to the provisions of law. Inheritance is increasingly important in the market economy, when people's assets increase significantly in both quantity and quality and with the need to leave assets of the previous generation to the next generation, assets of parents to their children, grandparents to their grandchildren... as well as to protect the rights and interests of citizens in transferring these assets, there must be corresponding and appropriate legal regulations to regulate the rights and obligations of the testator as well as the heir in this relationship.

The inheritance regime in the current 2005 Civil Code is quite fully regulated, but when applying the provisions of the law to resolve inheritance disputes, the competent authority to resolve those disputes still encounters many difficulties because most inheritance cases have relatively complicated details, while the provisions of the law in regulating the above relationship are not really complete and specific, so the application process is not really complete and specific.

Applying inheritance law to resolve disputes still faces many difficulties. In reality, many inheritance cases have been resolved but the resolution is not thorough and does not completely resolve the conflicts of interests between the plaintiff and the defendant in that lawsuit. In addition, when resolving inheritance disputes, some decisions of competent authorities cause confusion for people because in the same case, each level of trial gives different judgments. This not only causes inconvenience and expense for people as well as difficulties encountered during the execution stage, but also causes negative effects, people's doubts about the adjudication capacity as well as the impartiality of judges in the trial process for inheritance disputes...

Most of the current inheritance disputes are related to determining the legal heir, the person who is not entitled to inherit the inheritance, the person who is entitled to inherit by substitution... However, the legal provisions on the above cases are not complete, or have provisions but they are not clear and there are no guiding documents for application, leading to the Court's judgment in many cases still causing controversy, which causes negative effects on inheritance relations, sometimes even infringing on the rights and legitimate interests of people in the field of inheritance. With the importance of the inheritance regime and the increasingly complex issues related to inheritance, it is required that the legal provisions related to inheritance must be constantly improved and expanded to protect the rights and legitimate interests of citizens, as well as be the basis for resolving inheritance disputes in practice more and more effectively.

The need to amend and improve the provisions of the law on inheritance as well as to improve the quality of the Court's adjudication of inheritance disputes is a legitimate need. In order to meet the requirements

and the wishes of individuals with assets in transferring their assets to heirs, in the inheritance regime, in addition to the provisions of law allowing citizens the right to inherit from the testator and the right to leave their assets to heirs, Article 643 of the 2005 Civil Code on people without the right to inherit is a sanction applied to acts that violate the rights and interests of the testator and other heirs. In the above law, in addition to expressing the condemnation and strict view of the state and society towards heirs who do not have the right to inherit, the law also shows humanity and education about citizens' awareness of obeying the law. Going into the analysis of the content of the law, there are still many issues to discuss. For the above reasons, I chose the topic "Cases not entitled to inherit according to the 2005 Civil Code" with the desire to contribute to the process of building and perfecting the Civil Code in general and the inheritance regime in particular, including the content of heirs not entitled to inherit.

2. Research status of the topic

Inheritance is a very important part of the 2005 Civil Code, so there are many research topics on inheritance and they are carried out at many different levels such as graduation theses, master's theses, doctoral theses... such as "Inheritance by law of Vietnamese citizens from 1945 to present" by Phung Trung Tap, "Inheritance by inheritance in Vietnamese civil law" by Tran Thi Hue, "Scientific commentary on inheritance in the Vietnamese Civil Code" by Nguyen Ngoc Dien... In addition, this topic on inheritance has also been researched and published in newspapers and magazines such as the Journal of Law, Journal of People's Court, Special issue of Legal Science with very rich content. Regarding the provisions of law related to heirs without rights

Inheritance in some research topics, the article has mentioned the above content but mainly researched on a wide scale, not going into depth to analyze and clarify the contents stipulated in the law. With the topic " Cases not entitled to inheritance according to the 2005 Civil Code " , the author only goes into depth to analyze, clarify the nature and provisions of the law on the above issue with the aim of clarifying and providing directions for perfecting the provisions in Article 643 of the 2005 Civil Code.

3. Research methods

The basis of the research method and thesis completion is based on the Marxist-Leninist doctrine of dialectical materialism and historical materialism, based on the foundation of Ho Chi Minh's ideology, the Party and State's policies and guidelines. Combined with a number of other scientific research methods such as historical method, comparative method, synthetic analysis, and demonstration to study the problem comprehensively and scientifically.

4. New results of the thesis

The topic related to the field of inheritance has had many comprehensive works up to now. Therefore, studying the issue of inheritance in a narrow scope will be valuable in recognizing and proposing problems that the law on inheritance has left open or has been regulated but is not suitable for the actual situation. With the scope of a graduation topic, the thesis only focuses on in-depth research on heirs who do not have the right to inherit the difference between beneficiaries and non-beneficiaries to come to a specific understanding of those who do not have the right to inherit and distinguish them from other cases of non-beneficiaries. From the analysis of the law, the remaining problems in practice are pointed out and some comments are given to improve the regulations in Article 643 of the 2005 Civil Code.

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