The Vietnamese legal system in the field of marriage continues to be a hot issue for lawmakers.
Regarding property relations . Between parties whose marriage relationship is not recognized, there cannot be property relations between husband and wife. The payment and division of the common property of the two parties is carried out as in the case of payment and division of the property of a real company. According to the Law on Marriage and Family 2000, Article 17, Clause 3, after the marriage is annulled, the separate property of each person remains the separate property of that person; the common property is divided according to agreement; if no agreement is reached, the Court is requested to resolve, taking into account the contributions of each party; priority is given to protecting the legitimate rights of women and children.
Without a marital relationship, there is no basis to establish a maintenance obligation between the two parties in the event that one party falls into poverty after the marriage is annulled.
b. Consequences for children
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Car body electrical practice - 8
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If the voltage is out of specification, replace the wire or connector.
If the voltage is within specification, install the front fog light relay and follow step 5.
Step 5 Check the front fog light switch
- Remove the D4 connector of the fog light switch
- Use a multimeter to measure the resistance of the front fog light switch.
Measurement location
Condition
Standard
D4-3 (BFG) -D4-4 (LFG)
Light switchFront Fog OFF
>10kΩ
D4-3 (BFG) -D4-4 (LFG)
Front fog light switchON
<1 Ω
- Standard resistor
D4 connector is located on the combination switch assembly.
If the resistance is out of specification, replace the combination switch (the fog light switch is located in the combination switch).
If the resistance is within specification, follow step 6.
Step 6 Check wiring and connectors (front fog light relay-light selector switch)
- Disconnect connector D4 of the combination switch assembly
- Use a voltmeter to measure the voltage value of jack D4 on the wire side.
Measurement location
Control modecontrol
Standard
D4-3 (BFG) - (-) AQ
TAIL
11 to 14 V
D4 connector for the wiring of the combination switch assembly
If the voltage does not meet the standard, replace the wire or connector.
If the voltage is within standard, there may have been an error in the previous measurements.
Step 7 Check the front fog lights
- Remove the front fog light electrical connector.
- Supply battery voltage to the fog lamp terminals
Jack 8, B9 of front fog lamp on the electrical side
blind first.
Power supply location
Terms and Conditions
Battery positive terminal - Terminal 2Battery negative terminal - Terminal 1
Fog lightsbefore morning
- If the light does not come on, replace the bulb.
If the light is on, re-plug the jack and continue to step 8.
Step 8 Check wiring and connectors (relay and front fog lights)
- Disconnect the B8 and B9 connectors of the front fog lights.
- Use a voltmeter to measure voltage at the following locations:
Measurement location
Switch location
Terms and Conditions
B8-2 - (-) AQ
Electric lock ON TAIL size switchFog switch ON
11 to 14 V
B9-2 - (-) AQ
Electric lock ONTAIL size switch Fog switch ON
11 to 14 V
B8 and B9 connectors on the front fog lamp wiring side
Voltage is not up to standard, repair or replace the jack. If up to standard, there may have been an error in the measurement process.
2.2.4. Procedure for removing, installing and adjusting fog lights 1. Procedure for removing
- Remove the front inner ear pads
Use a screwdriver to remove the 3 screws and remove the front part of the front inner ear liner
-Remove the fog light assembly
+ Disconnect the connector.
+ Use a screwdriver to remove 3 screws to remove the fog light cover
2. Installation sequence
-Rotate the fog lamp bulb in the direction indicated by the arrow as shown in the figure and remove the fog lamp from the fog lamp assembly.
-Rotate the fog light bulb in the direction indicated by the arrow as shown in the figure and install the light into the fog light assembly.
- Use a screwdriver to install the fog light cover
-Install the electrical connector
Attention: Be careful not to damage the plastic thread on the lamp assembly.
- Install the front inner ear pads
Use a screwdriver to install the front inner bumper with 3 screws.
3. Prepare the vehicle to adjust the fog light convergence. Prepare the vehicle:
- Make sure there is no damage or deformation to the vehicle body around the fog lights.
- Add fuel to the fuel tank
- Add oil to standard level.
- Add engine coolant to standard level.
- Inflate the tire to standard pressure.
- Place spare tire, tools and jack in original design position
- Do not leave any load in the luggage compartment.
- Let a person weighing about 75 kg sit in the driver's seat.
4. Prepare to check the fog light convergence
a/ Prepare the vehicle status as follows:
- Place the car in a dark enough place to see the lines. The lines are the dividing line, below which the light from the fog lights can be seen but above which it cannot.
- Place the car perpendicular to the wall.
- Keep a distance of 7.62 m between the center of the fog lamp and the wall.
- Park the car on level ground.
- Press the car down a few times to stabilize the suspension.
Note: A distance of approximately 7.62 m is required between the vehicle (fog lamp center) and the wall to adjust the convergence correctly. If the distance of 7.62 m cannot be achieved, set the correct distance of 3 m to check and adjust the fog lamp convergence. (Since the target area varies with the distance, please follow the instructions as shown in the figure.)
b/ Prepare a piece of thick white paper about 2 m high and 4 m wide to use as a screen.
c/ Draw a vertical line through the center of the screen (line V).
d/ Set the screen as shown in the picture. Note:
- Keep the screen perpendicular to the ground.
- Align the V line on the screen with the center of the vehicle.
e/Draw the reference lines (H, V LH and V RH lines) on the screen as shown in the figure.HINT:
Mark the center of the fog lamp on the screen. If the center mark cannot be seen on the fog lamp, use the center of the fog lamp or the manufacturer's name mark on the fog lamp as the center mark.
H line (fog light height):
Draw a line across the screen so that it passes through the center mark. Line H should be at the same height as the center mark of the fog light bulb.
Line V LH, V RH (center mark position of left fog lamp LH and right fog lamp RH):
Draw two lines so that they intersect line H at the center marks.
5. Check the fog light convergence
a/ Cover the fog lamp or remove the connector of the other side fog lamp to prevent light from the unchecked fog lamp from affecting the fog lamp convergence test.
b/ Start the engine.
c/ Turn on the fog lights and make sure that the dividing line is outside the standard area as shown in the drawing.
6. Adjust the fog light convergence
Use a screwdriver to adjust the fog light to the standard area by turning the toe adjustment screw.
Note: If the screw is adjusted too far, loosen it and then tighten it again, so that the last rotation of the light adjustment screw is clockwise.
3. Self-study questions
1. Describe the operating principle of the lighting system with automatic headlight function
2. Describe the operating principle of the lighting system with the function of rotating headlights when turning
3. Draw diagram and connect lighting system on Hyundai Porter car
4. Draw diagram and connect lighting system on Honda Accord 1992
5. Draw the lighting circuit on a 1993 Toyota Lexus
LESSON 3 MAINTENANCE AND REPAIR OF SIGNAL SYSTEM
I. IMPLEMENTATION GOAL
After completing this lesson, students will be able to:
- Distinguish between types of signals on cars
- Correctly describe common symptoms and suspected areas causing damage.
- Connecting signal circuits ensures technical requirements
- Disassemble, install, check, maintain and repair the signal system to ensure technical requirements.
- Ensure safety in work and industrial hygiene
II. LESSON CONTENT
1. General description
The signal system equipped on cars aims to create signals to notify other vehicles participating in traffic about the vehicle's operating status such as: stopping, parking, braking, reversing, turning...
Signals are used either by light such as headlamps, brake lights, turn signals….. or by sound such as horns, reverse music….
Just like the lighting system. A signal system circuit usually consists of: battery, fuse, wire, relay, electrical load and control switch. Only some switches of the signal system are on the combination switch. The switches of other signals are usually located in different locations such as in the gearbox or brake pedal……
2. Maintenance and repair
2.1. Turn signals and hazard lights
The installation location of the turn signal is shown in Figure 3.1. The turn signal control switch is located in the combination switch under the steering wheel. Turning this switch to the right or left will make the turn signal turn right or left.
The hazard light switch is used when the vehicle has a problem while participating in traffic. When the hazard light switch is turned on, all the turn signals on the vehicle will light up at a certain frequency. The hazard light switch is usually placed separately from the turn signal switch (some old cars integrate the hazard and turn signal switches on the same combination switch cluster).
Figure 3.1 Turn signal switch Figure 3.2 Hazard switch
The part that generates the flashing frequency for the lights is called a turn signal relay. The turn signal relay usually has 3 terminals: B (positive power supply); E (negative power supply); L (providing the turn signal switch to distribute to the
lamp)
2.1.1. Circuit diagram
To generate the frequency for the turn signal, a turn signal relay is used in the turn signal circuit. The current from the turn signal relay will be sent to the turn signal switch assembly to distribute the current to the turn signal lights for the driver's purpose.
Figure 3.3. Schematic diagram of a turn signal circuit without a hazard switch
1. Battery; 2. Electric lock; 3. Turn signal relay; 4. Turn signal switch; 5. Turn signal lamp; 6. Turn signal lamp; 7. Hazard switch
Figure 3.4 Schematic diagram of turn signal circuit with hazard switch
1. Battery; 2. Combination switch cluster; 3. Turn signal;
4. Turn signal light; 5. Turn signal relay
Today's cars no longer use three-pin turn signal relays (B, L, E) but use eight-pin turn signal relays (figure 3.5) (pin number 8 is used for hazard lights).
For this type, the current supplying the turn signal lights is supplied directly from the turn signal relay to the lights.
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Identify Rating Levels and Rating Scales
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of the islanders. Therefore, this indicator will be divided into two sub-indicators:
a1. Natural tourism attractiveness a2. Cultural tourism attractiveness
b. Tourist capacity
The two island communes in Quan Lan have different capacities to receive tourists. Minh Chau Commune is home to many standard hotels and resorts, attracting high-income domestic and international tourists. Meanwhile, Quan Lan Commune has many motels mainly built and operated by local people, so the scale and quality are not high, and will be suitable for ordinary tourists such as students.
c. Time of exploitation of Quan Lan Island Commune:
Quan Lan tourism is seasonal due to weather and climate conditions and festivals only take place on certain days of the year, specifically in spring. In Quan Lan commune, the period from April to June and from September to November is considered the best time to visit Quan Lan because the cultural tourism activities are mainly associated with festivals taking place during this time.
Minh Chau island commune:
Tourism exploitation time is all year round, because this is a place with a number of tourist attractions with diverse ecosystems such as Bai Tu Long National Park Research Center, Tram forest, Turtle Laying Beach, so besides coming to the beach for tourism and vacation in the summer, Minh Chau will attract research groups to come for tourism combined with research at other times of the year.
d. Sustainability
The sustainability of ecotourism sites in Quan Lan and Minh Chau communes depends on the sensitivity of the ecosystems to climate changes.
landscape. In general, these tourist destinations have a fairly high level of sustainability, because they are natural ecosystems, planned and protected. However, if a large number of tourists gather at certain times, it can exceed the carrying capacity and affect the sustainability of the environment (polluted beaches, damaged trees, animals moving away from their habitats, etc.), then the sustainability of the above ecosystems (natural ecosystems, human ecosystems) will also be affected and become less sustainable.
e. Location and accessibility
Both island communes have ports to take tourists to visit from Van Don wharf:
- Quan Lan – Van Don traffic route:
Phuc Thinh – Viet Anh high-speed boat and Quang Minh high-speed boat, depart at 8am and 2pm from Van Don to Quan Lan, and at 7am and 1pm from Quan Lan to Van Don. There are also wooden boats departing at 7am and 1pm.
- Van Don - Minh Chau traffic route:
Chung Huong high-speed train, Minh Chau train, morning 7:30 and afternoon 13:30 from Van Don to Minh Chau, morning 6:30 and afternoon 13:00 from Minh Chau to Van Don.
f. Infrastructure
Despite receiving investment attention, the issue of infrastructure and technical facilities for tourism on Quan Lan Island is still an issue that needs to be resolved because it has a direct impact on the implementation of ecotourism activities. The minimum conditions for serving tourists such as accommodation, electricity, water, communication, especially medical services, and security work need to be given top priority. Ecotourism spots in Minh Chau commune are assessed to have better infrastructure and technical facilities for tourism because there are quite complete and synchronous conditions for serving tourists, meeting many needs of domestic and foreign tourists.
3.2.1.4. Determine assessment levels and assessment scales
Corresponding to the levels of each criterion, the index is the score of those levels in the order of 4, 3, 2, 1 decreasing according to the standard of each level: very attractive (4), attractive (3), average (2), less attractive (1).
3.2.1.5. Determining the coefficients of the criteria
For the assessment of DLST in the two communes of Quan Lan and Minh Chau islands, the students added evaluation coefficients to show the importance of the criteria and indicators as follows:
Coefficient 3 with criteria: Attractiveness, Exploitation time. These are the 2 most important criteria for attracting tourists to tourism in general and eco-tourism in particular, so they have the highest coefficient.
Coefficient 2 with criteria: Capacity, Infrastructure, Location and accessibility . Because the assessment area is an island commune of Van Don district, the above criteria are selected by the author with appropriate coefficients at the average level.
Coefficient 1 with criteria: Sustainability. Quan Lan has natural and human-made ecotourism sites, with high biodiversity and little impact from local human factors. Most of the ecotourism sites are still wild, so they are highly sustainable.
3.2.1.6. Results of DLST assessment on Quan Lan island
a. Assessment of the potential for natural tourism development
For Minh Chau commune:
+ Natural tourism attractiveness is determined to be very attractive (4 points) and the most important coefficient (coefficient 3), so the score of the Attractiveness criterion is 4 x 3 = 12.
+ Capacity is determined as average (2 points) and the coefficient is quite important (coefficient 2), then the score of Capacity criterion is 2 x 2 = 4.
+ Exploitation time is long (4 points), the most important coefficient (coefficient 3) so the score of the Exploitation time criterion is 4 x 3 = 12.
+ Sustainability is determined as sustainable (4 points), the important coefficient is the average coefficient (coefficient 1), so the score of the Sustainability criterion is 4 x 1 = 4 points
+ Location and accessibility are determined to be quite favorable (2 points), the coefficient is quite important (coefficient 2), the criterion score is 2 x 2 = 4 points.
+ Infrastructure is assessed as good (3 points), the coefficient is quite important (coefficient 2), then the score of the Infrastructure criterion is 3 x 2 = 6 points.
The total score for evaluating DLST in Minh Chau commune according to 6 evaluation criteria is determined as: 12 + 4 + 12 + 4 + 4 + 6 = 42 points
Similar assessment for Quan Lan commune, we have the following table:
Table 3.3: Assessment of the potential for natural ecotourism development in Quan Lan and Minh Chau communes
Attractiveness of self-tourismof course
Capacity
Mining time
Sustainability
Location and accessibility
Infrastructure
Result
Point
DarkMulti
Point
DarkMulti
Point
DarkMulti
Point
DarkMulti
Point
DarkMulti
Point
DarkMulti
CommuneMinh Chau
12
12
4
8
12
12
4
4
4
8
6
8
42/52
Quan CommuneLan
6
12
6
8
9
12
4
4
4
8
4
8
33/52
b. Assessment of the potential for humanistic tourism development
For Quan Lan commune:
+ The attractiveness of human tourism is determined to be very attractive (4 points) and the most important coefficient (coefficient 3), so the score of the Attractiveness criterion is 4 x 3 = 12.
+ Capacity is determined to be large (3 points) and the coefficient is quite important (coefficient 2), then the score of the Capacity criterion is 3 x 2 = 6.
+ Mining time is average (3 points), the most important coefficient (coefficient 3) so the score of the Mining time criterion is 3 x 3 = 9.
+ Sustainability is determined as sustainable (4 points), the important coefficient is the average coefficient (coefficient 1), so the score of the Sustainability criterion is 4 x 1 = 4 points.
+ Location and accessibility are determined to be quite favorable (2 points), the coefficient is quite important (coefficient 2), the criterion score is 2 x 2 = 4 points.
+ Infrastructure is rated as average (2 points), the coefficient is quite important (coefficient 2), then the score of the Infrastructure criterion is 2 x 2 = 4 points.
The total score for evaluating DLST in Quan Lan commune according to 6 evaluation criteria is determined as: 12 + 6 + 6 + 4 + 4 + 4 = 36 points.
Similar assessment with Minh Chau commune we have the following table:
Table 3.4: Assessment of the potential for developing humanistic eco-tourism in Quan Lan and Minh Chau communes
Attractiveness of human tourismliterature
Capacity
Mining time
Sustainability
Location and accessibility
Infrastructure
Result
Point
DarkMulti
Point
DarkMulti
Point
DarkMulti
Point
DarkMulti
Point
DarkMulti
Point
DarkMulti
Quan CommuneLan
12
12
6
8
9
12
4
4
4
8
4
8
39/52
Minh CommuneChau
6
12
4
8
12
12
4
4
4
8
6
8
36/52
Basically, both Minh Chau and Quan Lan localities have quite favorable conditions for developing ecotourism. However, Quan Lan commune has more advantages to develop ecotourism in a humanistic direction, because this is an area with many famous historical relics such as Quan Lan Communal House, Quan Lan Pagoda, Temple worshiping the hero Tran Khanh Du, ... along with local festivals held annually such as the wind praying ceremony (March 15), Quan Lan festival (June 10-19); due to its location near the port and long exploitation time, the beaches in Quan Lan commune (especially Quan Lan beach) are no longer hygienic and clean to ensure the needs of tourists coming to relax and swim; this is also an area with many beautiful landscapes such as Got Beo wind pass, Ong Phong head, Voi Voi cave, but the ability to access these places is still very limited (dirt hill road, lots of gravel and rocks), especially during rainy and windy times; In addition, other natural resources such as mangrove forests and sea worms have not been really exploited for tourism purposes and ecotourism development. On the contrary, Minh Chau commune has more advantages in developing ecotourism in the direction of natural tourism, this is an area with diverse ecosystems such as at Rua De Beach, Bai Tu Long National Park Conservation Center...; Minh Chau beach is highly appreciated for its natural beauty and cleanliness, ranked in the top ten most beautiful beaches in Vietnam; Minh Chau commune is also home to Tram forest with a large area and a purity of up to 90%, suitable for building bridges through the forest (a very effective type of natural ecotourism currently applied by many countries) for tourists to sightsee, as well as for the purpose of studying and researching.
Figure 3.1: Thenmala Forest Bridge (India) Source: https://www.thenmalaecotourism.com/(August 21, 2019)
3.2.2. Using SWOT matrix to evaluate Quan Lan island tourism
General assessment of current tourism activities of Quan Lan island is shown through the following SWOT matrix:
Table 3.5: SWOT matrix evaluating tourism activities on Quan Lan island
Internal agent
Strengths- There is a lot of potential for tourism development, especially natural ecotourism and humanistic ecotourism.- The unskilled labor force is relatively abundant.- resource environmentunpolluted, still
Weaknesses- Poorly developed infrastructure, especially traffic routes to tourist destinations on the island.- The team of professional staff is still weak.- Tourism products in general
quite wild, originalintact
general and DLST in particularalone is monotonous.
External agents
Opportunity- Tourism is a key industry in the socio-economic development strategy of the province and Van Don economic zone.- Quan Lan was selected as a pilot area for eco-tourism development within the framework of the green growth project between Quang Ninh province and the Japanese organization JICA.- The flow of tourists and especially ecotourism in the world tends toincreasing
Challenge- Weather and climate change abnormally.- Competition in tourism products is increasingly fierce, especially with other localities in the province such as Ha Long, Mong Cai...- Awareness of tourists, especially domestic tourists, about ecotourism and nature conservation is not high.
Through summary analysis using SWOT matrix we see that:
To exploit strengths and take advantage of opportunities, it is necessary to:
- Diversify products and service types (build more tourism routes aimed at specific needs of tourists: experiential tourism immersed in nature, spiritual cultural tourism...)
- Effective exploitation of resources and differentiated products (natural resources and human resources)
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Division of common property between husband and wife according to the Law on Marriage and Family 2014 - 9 -
Improving the law on gender equality in the civil, marriage and family fields - Theoretical and practical issues - 1 -
Applying the law in resolving marriage and family cases in Hanoi - 2
Principle of protecting children's rights . According to the 2000 Law on Marriage and Family, Article 17, Clause 2, once an illegal marriage is annulled, the rights of the children are resolved as in a divorce: the father and mother continue to have the obligation to look after, care for, educate, and raise minor children or adult children who are unable to work and have no property to support themselves; the father or mother who does not directly raise the child has the obligation to provide support and the right to visit,... Of course, if the parents continue to live together as husband and wife, the issues of support and visitation do not arise.
c. Violation of marriage registration conditions
Marriage has no legal value. First of all, it must be recognized that a marriage without legal value is not necessarily an illegal marriage, because according to the definition of the law, an illegal marriage is a registered marriage that violates the conditions on the content of the marriage: a marriage without legal value is not registered but may not violate the provisions related to the conditions on the content of the marriage. According to the Law on Marriage and Family 2000, Article 87, in the case of no marriage registration but a request for divorce, the Court will accept and not recognize the marital relationship according to the provisions of Clause 1, Article 11 of the Law. It can be noted from this that in the thinking of the legislator, a marriage without legal value is simply a marriage that does not give rise to legal consequences.
SECTION II. CO-LIVING RELATIONSHIP
AS HUSBAND AND WIFE
******
Concept . If marriage is the establishment of a husband and wife relationship with a marriage registration, then cohabitation is a husband and wife relationship without a marriage registration. Such a relationship can be established in a way that does not comply with the conditions of marriage content, but can also be completely in compliance with those conditions.
I. Cohabitation as husband and wife violates the conditions of marriage
Formation of the relationship . A cohabitation relationship that violates the conditions of marriage can be formed in one of two ways:
- Or it is the maintenance of a marital relationship between people who were illegally married after the marriage has been annulled by a judgment or decision of the Court;
- Or it is the establishment of a conjugal relationship between people who know clearly that they do not have the right to register their marriage but still want to live together as husband and wife.
Legal consequences of the relationship . A marital relationship that violates the conditions of marriage is an illegal marital relationship. However, the establishment and maintenance of that relationship is only subject to administrative or criminal sanctions in some cases - incest, violation of monogamy, early marriage, forced marriage,... as known. In the context of positive law, only one thing is certain: between these people and their children there is always a parent-child relationship and that relationship gives rise to all the mutual rights and obligations of parents and children in accordance with the law on marriage and family.
II. Cohabitation as husband and wife does not violate the
Conditions of marriage
1. Real marriage
Concept . De facto marriage is a real relationship, established between two people, a man and a woman, who have all the conditions to get married according to the law, living together as husband and wife, but do not register their marriage 21 .
21According to Joint Circular No. 01/2001/TANDTC-VKSNDTC-BTP dated January 3, 2001 of the Supreme People's Court, the Supreme People's Procuracy and the Ministry of Justice, men and women living together as husband and wife are considered to be married if they meet the conditions for marriage according to the provisions of the 2000 Law on Marriage and Family and fall into one of the following cases:
- Have a wedding ceremony when living together;
- Their living together is accepted by the family (one or both sides);
a. History of de facto marriage
Objective circumstances and perception. There was a long period when de facto marriage was recognized in practice, as a supplementary institution that had the effect of overcoming difficulties in establishing a civil status system nationwide (difficulties caused by war), as well as in improving the awareness of a part of the population about marriage and family. Some people wanted to register their marriage as soon as they established a marital relationship but could not register because the civil status office had not been established in their place of residence; after many years, growing older, treating their partner as husband and wife (it had become a natural reflex), having children together, having common property, this person realized that marriage registration had become an abnormal procedure, even having the effect of lowering the value of the marital relationship that he had established (in reality) a long time ago. Others, due to backward perception, believe that marriage registration is just a formality, that the marriage rituals established in custom are the ethical procedures and have real value in establishing marriage relations in the eyes of the community.
Social phenomenon . Living together as husband and wife without registering a marriage, although not violating the conditions of marriage, in the context of contemporary society, is also a social phenomenon, a way of life, and not simply a consequence, a remnant of war or of backward customs: living together without marriage, the parties can end their life together by separating in practice without having to go through divorce proceedings (and then, if they want, the parties can live together again without getting married) 22 . Lawmakers do not encourage the development of this phenomenon, but they cannot consider it as an illegally established relationship.
In particular, there are cases of cohabitation between older people who have failed in their marriages: afraid of the complicated procedures that must be carried out when needing a divorce as well as the possible adverse consequences regarding property after the divorce, these people "restart their lives" and accept to live together and behave as husband and wife, but refuse to register their marriage.
b. Lawmaker's solution in 2000
Identify three types of de facto marriage . According to the Law on Marriage and Family 2000, Article 11, Clause 1, marriage must be registered according to the provisions of Article 14 (of the Law) and any other marriage ceremony has no legal value. However, according to Resolution No. 35/2000/QH10 dated June 9, 2000, the application of Clause 1, Article 11 above is not the same depending on the de facto marriage established before the Law on Marriage and
- Their living together is witnessed by other people or organizations;
- They really live together, care for each other, help each other, and build a family together.
The concept of cohabitation as husband and wife recorded in that Circular is built within the framework of the implementation guidance of Resolution No. 35 dated June 9, 2000 of the National Assembly, the content of which will be analyzed below.
22The right to marry, in fact, has two aspects. Positively, the right to marry is understood as the right of a person to freely choose his or her life partner, as long as that choice does not violate the conditions of the content of marriage. Criterion
In extreme cases, the right to marry is understood as the right... not to marry. The right not to marry, in turn, also has two forms of expression: simple, the unmarried person pursues a single life; complex, the unmarried person lives as husband and wife with another person, in accordance with the conditions of marriage content, but does not register the marriage.
It is this second form of expression of the right not to marry that gives rise to social problems that concern not only lawmakers but also those working in ethics, sociology, etc.
Family Law 1986, after that Law but before the Law on Marriage and Family 2000 or after this Law (clause 3).
a) In case the marital relationship was established before January 3, 1987, the effective date of the 1986 Law on Marriage and Family, but the marriage has not been registered, it is encouraged to register the marriage; in case of a request for divorce, the Court will accept and resolve the case according to the provisions on divorce of the 2000 Law on Marriage and Family;
b) Men and women who lived together as husband and wife from January 3, 1987 to January 1, 2001 and met the conditions for marriage registration as prescribed by this Law, are obliged to register their marriage within two years from the effective date of this Law until January 1, 2003; during this period, if they do not register their marriage but request a divorce, the Court shall apply the provisions on divorce of the 2000 Law on Marriage and Family to resolve the matter; after January 1, 2003, if they do not register their marriage, the law shall not recognize them as husband and wife;
c) From January 1, 2001 onwards, except for the cases specified in Point a and Point b, Clause 3 of this Resolution, men and women living together as husband and wife without registering their marriage shall not be recognized by law as husband and wife; if there is a request for divorce, the Court shall accept the case and declare that the husband and wife relationship is not recognized; if there is a request regarding children and property, the Court shall apply Clauses 2 and 3, Article 17 of the 2000 Law on Marriage and Family to resolve the matter.
2. Period of cohabitation as husband and wife from a legal perspective
a. The relationship between two people living together as husband and wife
There is no legal relationship of husband and wife . Not being husband and wife in the legal sense, people who have a relationship as husband and wife do not have the obligation to live together and the obligations typical of a husband and wife relationship: the obligation to love, be faithful, protect, support, and help each other to progress together. Each person has the rights and obligations towards the other according to common law, like two normal individuals.
In terms of property, cohabiting couples do not have jointly owned property. During the cohabitation period, property created by one person belongs to that person; property created by two people belongs to their joint ownership. Property obligations established by one person only bind that person. Even in cases where property obligations are established to meet the essential needs of the family, in principle, the obligations only bind the person establishing the transaction. The use and disposal of property are governed by the general law on ownership: each person has the exclusive right to use and dispose of his or her own property; the use and disposal of common property is carried out according to the principle of unanimity.
b. The relationship between two people living together as husband and wife and a third person
Principle . For third parties, a cohabitation relationship without a marriage registration is not a marital relationship. Therefore, transactions that third parties establish with people living together as husband and wife are governed by common law. People living together as husband and wife are only jointly and severally liable.
for the obligations arising from such transactions, if they express a clear intention to establish such solidarity or if the law so provides.
In the case where one party enters into a transaction to meet the essential needs of the family, the other party is still not jointly liable. This solution is clearly inconvenient for the third party: every time a transaction is made with a person who appears to be married, the third party must ask that person to present a marriage certificate?
In case one of the two parties living together as husband and wife is injured in life or health by a third party and the other party is not normally supported, the damage suffered by the other party shall not be counted as the damage for which the third party must compensate.
In the case where one of the two parties has previously divorced and received alimony. According to Article 61, Clause 6 of the 2000 Law on Marriage and Family, if the party receiving alimony after the divorce marries another person, the obligation to provide alimony ends. Does that provision also apply to the case where the party receiving alimony after the divorce does not remarry but only lives with another person as husband and wife? After all, this second case has a clearer practical significance than the case foreseen by the law. In the context of the written law, we do not have a definite answer. Normally, a divorced person who lives with another person as husband and wife will automatically not request continued alimony; the person living with that person as husband and wife, for his part, also usually does not want the person living with that person to continue receiving alimony from that person's ex-spouse. However, it is not impossible that the person receiving alimony still wants to continue receiving alimony, while the person living with the person receiving alimony does not know about it or knows but does not object. In that case, the person with the obligation to provide support risks having to “shoulder” many people, not just one person, because, as will be seen, the level of support is calculated based on the needs of the family of the person receiving support, not just that of this individual.
c. The relationship between two people living together as husband and wife and their children
Principle of protecting the rights of children . The policy of the legislator is: the parent-child relationship is not affected by the establishment, change, or termination of the cohabitation relationship between the father and mother, nor is it dependent on the nature of the cohabitation relationship between the father and mother. Whether the father and mother are married or not, whether the father and mother are still living together or have separated, the mutual rights and obligations between parents and children still exist. Therefore, those who live together as husband and wife without registering their marriage have all the rights and obligations of parents towards their children and vice versa, in accordance with the provisions of the Law on Marriage and Family 2000.
Establishing parent-child relationship . In case of dispute regarding the establishment of parent-child relationship, the presumption of law in determining father and mother, as stipulated in Article 63, Clause 1 of the Law on Marriage and Family, shall not apply to children born from cohabitation as husband and wife. “A child born during the marriage or due to the wife being pregnant during that period is the common child of the husband and wife”. Between people living together as husband and wife without registering their marriage, there is no “marriage period” as defined by law. However, if the “marriage period” is abolished by a judgment or decision annulling an illegal marriage, then a child born between the date of registration of the illegal marriage and the date of the judgment or decision of the Court annulling that marriage or
Because the mother was pregnant during that period, it was presumed that the child was theirs, as an exception.
In case of adoption . According to the Law on Marriage and Family 2000, Article 68, Clause 2, a person can only be adopted by one person or by both spouses. People who live together as husband and wife without registering their marriage are not considered husband and wife; therefore, when two people living together as husband and wife agree on adopting a child, only one person is allowed to carry out the adoption procedure; the person living together as husband or wife with the adoptive father or mother cannot be the adoptive mother or father of the adopted person.
3. Termination of cohabitation
By agreement or by the will of one party . Not recognized by law as an official marital relationship, a marital relationship without a marriage registration cannot be terminated while both parties are still alive by divorce, except for the cases specified in Point a and Point b, Clause 3 of the Resolution of the National Assembly dated June 9, 2000: not being a legal spouse, the parties wishing to terminate their cohabitation only need to... stop living together. In fact, a marital relationship without a marriage registration can be terminated by the initiative (unilateral decision) of one party without creating legal liability for the other party. The parties can also agree to terminate that relationship.
According to Article 87 of the 2000 Law on Marriage and Family, in cases where there is no marriage registration but there is a request for divorce, the Court will accept and declare that the marital relationship is not recognized according to the provisions of Clause 1, Article 11 of this Law. With this provision, those who live together as husband and wife without registering their marriage and ending their marital relationship through civil means will not have to receive such a declaration from the Court. Normally, those who live together without registering their marriage and mistakenly believe that they have a marital relationship are uneducated people. It would be more comfortable for the parties if the Court only refused to accept the divorce of those who did not register their marriage, on the grounds that there was no marital relationship to end it. Those who are mistaken about their status will then know what they need to do to deal with the consequences of their marital relationship.
Property consequences. After the marital relationship has ended, the property settlement is carried out in the same way as a real company: each person's own property is taken back; the property owned in common is divided according to common law; the person who contributed to the increase in the value of the property belonging to the other person has the right to request the return of that increased value according to the provisions on the validity of the status of property benefits without legal basis. The division can be carried out according to the agreement between the two parties. In the case of the marital relationship ending due to the death of one person, the surviving person shall agree on the division with the heirs of the deceased. If there is no necessary agreement between the parties, one or both parties may request the Court to resolve. The Court's settlement will be carried out on the basis of applying the provisions related to the payment of assets in cases of illegal annulment of marriage (Law on Marriage and Family 2000, Article 87).
Rights and obligations towards children. The law provides detailed regulations on the settlement of the issue of exercising the rights and obligations of parents towards their children in the event of divorce. If the marriage between parents is annulled due to illegal marriage, the issue of children is also resolved as in the case of divorce (Law on Marriage and Family 2000, Article 17, Clause 2). What if the de facto marriage ends while both parties are still alive? Normally, when two parties living together as husband and wife decide to end the relationship, they also have the necessary agreement on the custody of minor children or adult children who are unable to work. If the parties cannot reach such an agreement, then, at their request, the Court shall resolve the matter by applying the provisions relating to the rights and obligations of parents towards their children after divorce (Law on Marriage and Family 2000, Article 87, referring to Clause 2, Article 17 of the Law).
CHAPTER II
ESTABLISHING A PARENT-CHILD BONUS
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A parent-child relationship is a legal relationship between one person (called the child) and another person (called the father or mother): depending on whether the other person is male or female, the relationship is established as a parent-child relationship or a mother-child relationship. The parent-child relationship can be established naturally from the event of conception and birth (called the biological parent-child relationship) or artificially from adoption.
SECTION I. PARENT-CHILD RELATIONSHIP
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Problem statement . Clarifying the parent-child relationship is not only necessary in cases where there is a dispute about the status of a person as father, mother, or child, when the judge, upon request, is responsible for assessing the evidence against each other. Someone comes to a notary office and claims to be the biological child of a deceased person whose inheritance is being paid; the notary office must check the status of the “child” of that person before he participates in the transfer and payment of the inheritance. A minor under 15 years old commits an act that causes damage to another person; the Court calls the father of the person who caused the damage to Court to resolve the issue of compensation for the damage; one of the conditions for the Court session to proceed normally is that the person called to Court must actually be the father of the person who caused the damage...
The methods of determining the biological parent-child relationship, depending on their nature, can be classified into two main groups: determining the parent-child relationship as a natural relationship and determining the parent-child relationship as a legal relationship.
I. Identifying the parent-child relationship as a natural relationship
Called natural, the parent-child relationship binds the people involved naturally and is recognized by third parties without the intervention of law, without relying on legal rules. As a natural relationship, the parent-child relationship can be determined based on one or both factors: biological and sociological.