HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
NGUYEN THI HUE
PROPERTY AND INHERITANCE
ACCORDING TO VIETNAMESE LAW
MASTER'S THESIS IN LAW
HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
NGUYEN THI HUE
PROPERTY AND INHERITANCE
ACCORDING TO VIETNAMESE LAW
Major : Civil law and civil procedure
Code : 60 38 01 03
MASTER'S THESIS IN LAW
Scientific advisor : Dr. NGUYEN AM HIEU
COMMITMENT
I hereby declare that this Thesis is my own research work. The results presented in this Thesis have not been published in any other work. The figures, examples and quotations in this Thesis ensure accuracy, reliability and honesty.
So I write this Declaration to request the Faculty of Law to consider so that I can defend my Thesis.
Thank you very much!
GUARANTEE
Nguyen Thi Hue
Cover Page Pledge Table of Contents
List of abbreviations List of tables and charts
INDEX
Page
INTRODUCTION 1
Chapter 1: GENERAL OVERVIEW OF INHERITANCE 5
1.1. General concepts 5
1.1.1. Inheritance and inheritance rights 5
1.1.2. The person leaving the inheritance 8
1.1.3. Heir 10
1.2. Area and inheritance 13
1.2.1. General overview of inheritance scope and order 13
1.2.2. Inheritance status and order according to regulations of some countries in the world 17
1.2.3. Vietnamese customs on inheritance 24
1.2.4. Basis for determining the legal status and order of inheritance 29
Chapter 1 Summary 33
Chapter 2: INHERITANCE AND PROPERTY IN THE REGULATIONS
OF VIETNAMESE LAW 34
2.1. Inheritance 34
2.1.1. Inheritance by blood relationship 34
2.1.2. Inheritance based on marital relationship 44
2.1.3. Inheritance based on foster relationship 56
2.2. Inheritance 67
2.2.1. First line of inheritance 67
2.2.2. Second line of inheritance 73
2.2.3. Third line of inheritance 78
Chapter 2 Summary 81
Chapter 3: PRACTICAL APPLICATION OF LAW AND DIRECTIONS FOR IMPROVING THE PROVISIONS OF VIETNAMESE LAW ON INHERITANCE AND PROPERTIES 82
3.1. Current status of resolving inheritance disputes in recent years 82
3.2. Causes of the current status of inheritance status and inheritance lines according to the law
Vietnamese law 91
3.3. Proposals to improve legal regulations on the area and
inheritance 95
3.3.1. General recommendations for improving legal regulations on inheritance 95
3.3.2. Recommendations for improving legal regulations on area and goods
inheritance 96
Chapter 3 Summary 102
CONCLUSION 103
LIST OF REFERENCES 105
LIST OF ABBREVIATIONS
1.
BLDS | : | Civil Code | |
2. | HN&GĐ | : | Marriage and family |
3. | PLTK | : | Inheritance Ordinance |
4. | PLVTK | : | Law on inheritance |
5. | Court | : | People's Court |
6. | Supreme People's Court | : | Supreme People's Court |
7. | People's Committee | : | People's Committee |
8. | Socialism | : | Socialism |
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LIST OF TABLES AND CHARTS
Plate number
Table name | Page | |
Table 3.1: | Statistics on the number of dispute resolution cases Inheritance of the Supreme People's Court from 2006 - 2013 | 85 |
Chart number
Chart Name | Page | |
Chart 3.1: | Inheritance disputes resolved in Court from 2007 - 2011 | 83 |
Chart 3.2: | Statistics on handling and resolving inheritance disputes from 2006 - 2013 | 84 |
INTRODUCTION
1. Urgency of the topic
The birth of the right to inheritance is one of the legal methods to preserve and increase the accumulation of wealth in society. The State has recognized the right to inheritance of individuals to property, considering inheritance as one of the bases for establishing ownership. This not only stimulates thrift in production and consumption but also creates a driving force to promote passion, stimulate the dynamic management of each person to create their own assets. When they die, the assets they leave behind will become heritage and be divided among the generations of descendants, the transfer of heritage according to the inheritance regime is the continuation of ownership. The law recognizing the right to inheritance has partly met the desire of people to exist forever. Therefore, inheritance law in the world in general and inheritance law in Vietnam in particular have constantly developed and perfected this regime.
In Vietnam, Vietnam, early realized the particularly important role of inheritance, so right from the early days of the country's founding, the Ly, Tran, and Le dynasties also paid attention to promulgating inheritance laws. Written inheritance laws in our country were first stipulated in the " Land Property " chapter of the Hong Duc Code under the reign of King Le Thai To. Through the process of revolutionary struggle and building socialism in our country, these regulations have been recognized, expanded, developed and implemented in practice in Article 19 of the 1959 Constitution " The State, in accordance with the law, protects citizens' right to inherit private property ". Article 27 of the 1980 Constitution " The State protects citizens' right to inherit property ", Article 58 of the 1992 Constitution, the 2013 Constitution... and especially the birth of the 1995 Civil Code, then the 2005 Civil Code marked a step forward in the development of Vietnamese law in general and inheritance law in particular.