Protecting women's rights in property relations between husband and wife under the Law on Marriage and Family 2000

The fact that property relations between husband and wife are not protected in real terms, especially from the perspective of gender equality, has not been thoroughly and deeply studied.

3. Purpose and research tasks of the topic

- Research purpose of the topic: To study the theoretical and practical aspects of protecting women's rights in property relations between husband and wife according to the Law on Marriage and Family 2000 from the perspective of gender equality. From there, find some solutions to improve legal regulations on this issue and improve the effectiveness of protecting women's rights in practice, in order to achieve equality between husband and wife.

- Thesis tasks:

+ Study the theoretical basis of women's rights and protect women's rights in property relations between husband and wife,

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+ Study the current status of protecting women's rights in property relations between husband and wife according to the Law on Marriage and Family 2000

+ Propose some recommendations to contribute to perfecting legal regulations to better protect women's rights in property relations between husband and wife.

4. Scope of the thesis

With the topic " Protecting women's rights in property relations between husband and wife according to the Law on Marriage and Family 2000 ", the author focuses on analyzing the protection of women's rights as wives in property relations with their husbands during the legal marriage period, expressed through property relations between husband and wife, which are property ownership relations, inheritance relations and alimony relations according to the provisions of the Law on Marriage and Family 2000. Therefore, women's rights within the scope of this topic are studied in the capacity of women as wives in legal marriage relations, without studying women's rights as mothers and sisters.

in the family in other relationships. The application of law in trial practice is studied mainly through the trial practice of the Courts of Nam Dinh province in recent years.

5. Thesis research method

- The thesis research methodology is historical materialism, dialectical materialism of Marxism - Leninism and the Party and State's ideology on law...

- The thesis also uses specific research methods such as analysis, comparison, statistics, and synthesis.

6. Meaning and novelty of the thesis

- The thesis researches and analyzes deeply and comprehensively the meaning, purpose and content of protecting women's rights in property relations between husband and wife from the perspective of gender equality.

- The thesis assesses the current situation of protecting women's rights in property relations between husband and wife in reality, gives some recommendations and solutions to contribute to perfecting legal regulations on this issue and improving the effectiveness of protecting women's rights in property relations between husband and wife, in order to achieve equality between husband and wife in reality.

7. Structure of the thesis

In addition to the introduction, conclusion and list of references, the thesis is structured into 3 chapters:

Chapter 1 : Some general theoretical issues on protecting women's rights in property relations between husband and wife.

Chapter 2 : Law on Marriage and Family 2000 on the issue of protecting women's rights in property relations between husband and wife.

Chapter 3 : Practice of law enforcement on protecting women's rights in property relations between husband and wife.

Chapter 1‌‌

SOME GENERAL THEORETICAL ISSUES ON PROTECTING WOMEN'S RIGHTS

IN PROPERTY RELATIONSHIPS BETWEEN HUSBAND AND WIFE

1.1. CONCEPT OF WOMEN'S RIGHTS AND PROTECTION OF WOMEN'S RIGHTS

1.1.1. Women's rights

Women's rights also originate from human rights. To approach the concept of women's rights, it is necessary to study the concept of human rights.

Human rights are understood from many different perspectives. Regarding the concept of human rights, there is a view that: "Human rights are the rights of members of human society - the rights of everyone" [60].

According to the Office of the United Nations High Commissioner for Human Rights, "Human rights are universal legal guarantees protecting individuals and groups against actions and omissions that interfere with fundamental freedoms, entitlements and human dignity" [Quoted in 14, p. 41].

In Vietnam, human rights are understood as "natural, inherent and objective human needs and interests recognized and protected in national law and international legal agreements" [14, p. 42].

Human rights are both natural rights and legal rights. Human rights are natural rights, understood as the rights they have at birth, which others must respect, "all men are born equal, endowed by their Creator with certain inviolable rights" (Universal Declaration of Human Rights 1948). Human rights are legal rights, meaning human rights are codified, recognized by law, and shared.

respect and ensure implementation. From a legal perspective, human rights are associated with noble values and human dignity, which need to be respected and protected in all historical periods, all social regimes, and recognized in law.

From the above concept of human rights, we will come to the concept of women's rights. Women's rights also include the basic contents of human rights, not separate from the content of human rights. "Women's human rights are an integral, inseparable and integral part of universal human rights" (Vienna Declaration and Program of Action of the Second World Conference on Human Rights held in Vienna in 1993).

Women make up more than half of humanity. Women differ from men in their role as wives and mothers. With such a role, their rights need to be recognized and guaranteed. It can be said that women's rights are not only a concern of women but more importantly, they are the goal of concern and protection of every country and of all humanity. Women's rights have been recognized and respected by the world. This is demonstrated through the promulgation of many international documents, declarations and treaties. The Universal Declaration of Human Rights has recognized human rights with the principle of applying to all individuals, regardless of gender. Cedaw, promulgated in 1979, has widely protected women's rights to live safely, freely and sustainably, emphasizing ensuring that they enjoy basic human rights. It can be said that Cedaw is the most important international document adopted by the United Nations, which comprehensively and specifically addresses the basic rights of women.

From the above arguments, the concept of women's rights can be presented as follows: Women's rights are a set of human rights that women enjoy, are respected, protected and guaranteed to be implemented by a system of legal regulations issued by the State.

Women have the same basic human rights as all other citizens. As specific human beings, women have rights that "no one can deny". In Vietnam, women's rights have undergone a long process of development and are now increasingly affirmed, recognized, respected and guaranteed by a legal system that is gradually becoming more complete.

1.1.2. Protecting women's rights

Recognizing women's rights in the law is important but not enough. Protecting women's rights is even more important. The protection of women's rights is recognized in the Constitution and relevant legal documents.

Protecting women's rights is carried out comprehensively through many different forms and measures, the most important of which is to ensure that women's rights recognized in law are implemented in practice.

The content of protecting women's rights is comprehensively expressed in all fields: politics, economics, labor, employment, education, culture, marriage - family... recognized and protected by law in the entire Vietnamese legal system. In the Constitution - the document with the highest legal effect - the issue of women's equality is always expressed consistently, women's equality is increasingly regulated more widely and more completely in the Constitutions. The provisions on protecting women's rights in the document with the highest legal effect have brought women to the position of masters in society. The provisions of the Constitution on the protection of women's rights are an important legal basis for the promulgation of a series of legal documents on women's rights such as the Civil Code, the Penal Code, the Labor Code, the Law on Marriage and Family, the 2006 Law on Gender Equality, the 2007 Law on Prevention of Domestic Violence, etc. These legal documents stipulate a system of legal norms on women's rights, institutions to implement those rights, as well as a system of sanctions to handle violations of women's rights.

Thus, protecting women's rights is understood as: a system of measures and methods prescribed by law to ensure the full and effective implementation of women's human rights in practice as well as timely and strict handling of violations of women's rights.

1.1.3. Protecting women's rights in property relations between husband and wife

Protecting women's rights in property relations between husband and wife is an important content that creates the basis for realizing equal rights between husband and wife.

Protecting women's rights in property relations between husband and wife must ensure the following three contents: Fully recognizing women's rights in property relations between husband and wife in legal marriage; ensuring the implementation of the wife's property rights in practice; having sanctions to handle acts that violate women's rights...

From there, we can come up with the concept of protecting women's rights in property relations between husband and wife as follows: Protecting women's rights in property relations between husband and wife is the law's recognition of women's rights in property ownership relations, alimony relations, property inheritance relations in property relations with the husband in the marital relationship; ensuring that women's property rights are fully and equally exercised in practice as well as handling all acts of violating women's property rights in the marital relationship.

In the field of Marriage and Family Law, the important position of women has been affirmed. The law as well as the practice of law enforcement in Vietnam has created equality for Vietnamese women in many areas of family relations, that is equality between husband and wife and especially important is the equality of women in property relations with their husbands.

The 2000 Law on Marriage and Family is the basic legal basis for establishing and ensuring the implementation of women's property rights such as the right to own private property, the right to divide property...

The event of marriage has created a legal relationship between husband and wife. The content of the legal relationship between husband and wife includes obligations and rights regarding personal identity and property. In which, the rights and obligations between husband and wife regarding property play an important role in family life, bearing characteristics closely related to the personal identity of husband and wife. The property relationship between husband and wife is the economic basis to ensure that the family performs well its social functions, meets the material needs of husband and wife, ensures that husband and wife perform well their personal relationship with each other and their relationship with their children and other family members.

Property relations between husband and wife include: property ownership, alimony, and inheritance relations between husband and wife. Protecting women's rights in property relations with their husbands means protecting their rights in the three relationships above.

The issue of protecting women's rights in property relations with their husbands has been guaranteed by the legal system in general and the 2000 Law on Marriage and Family in particular. However, whether women's rights in general and women's rights in property relations with their husbands in particular are properly protected is another issue. Meanwhile, the property of husband and wife is extremely important to the family and contributes significantly to the development of our country's economy today. In the family, women must not only fulfill their duties as wives and mothers, but also perform their functions as workers in society, organizers of family life, and builders of homes for the family. Acts that violate women's rights have not been handled promptly, reducing the feasibility of the law in general and the law on marriage and family in particular.

In short, it can be affirmed that women's rights have been recognized by law, this is progress. But the more important thing is to protect and ensure that women's rights are implemented in reality.

1.2. CHARACTERISTICS AND CONTENT OF PROTECTING WOMEN'S RIGHTS IN PROPERTY RELATIONSHIPS BETWEEN HUSBANDS AND WIFES

1.2.1. Characteristics of protecting women's rights in property relations between husband and wife

- The protection of women's rights in general and women's rights in property relations between husband and wife in particular have different development processes in each historical period, in each social regime and depend on the will of the ruling class. The process of protecting women's rights in property relations between husband and wife goes hand in hand with the development of humanity.

Under the feudal regime, the law hardly protected the rights of women in property relations between husband and wife. However, the Hong Duc Code (National Dynasty Penal Code) contained many progressive elements to protect the rights of women. That is, they have the right to own private property; when the family exists, all property is considered common property; when divorced, each person receives their own property and divides the common property of the two people in half. However, the Gia Long Law stipulates: in the husband's house, the property created belongs to the husband's family, while the husband is alive, the wife has no economic rights, when the husband dies, the property does not belong to them but to the children and the husband's family line...

The Civil Code of Tonkin (1931) and the Civil Code of Central Vietnam (1936) stipulated that husband and wife were free to form a marriage contract, and the legal property regime was only established when the husband and wife did not form a marriage contract. According to this regime, the common property of the husband and wife included all the assets and profits of the husband and wife, regardless of whether the assets were created before or during the marriage. Or, as in the Simplified Civil Code of 1883, the wife was not recognized as having separate property, therefore

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