I. Law on property rights
In Vietnam, property rights are one of the basic rights of citizens. Property rights are the backbone of civil law, the premise of civil legal relations on property. Vietnam’s Civil Code considers this to be a basic institution that needs to be regulated, as a basis for stipulating other regulations such as civil contracts, civil obligations, inheritance…
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According to Article 158 of the Penal Code 2015 stipulates as follows: “Ownership includes the right to possess, use and dispose of property of the owner in accordance with the law”, in which:
The right to possess. In the most common sense, possession is the possession and control of things in terms of reality. “The right to possess is the right to hold and manage property”. In which, possession means the subject holding and controlling the property directly or indirectly like the holder having the right to the property. Possession includes possession of the owner and possession of a person who is not the owner. The right to use is according to article 189 of the Civil Code 2015 stipulates :”The right to use means the right to exploit the utility and enjoy the yields and profits from the property. In other words, the right to use is the right to exploit the benefits brought from the property. The right to use can be transferred to another person by agreement or according to the provisions of law. The right of disposition according to Article 192 of the Civil Code 2015 stipulates that “The right of disposition is the right to transfer. Property ownership, giving up the right to possess, consume or dispose of property”. In which the right of disposition can be exercised in two ways: deciding the actual fate or deciding the legal fate of the property.
II. Protect your property rights
Property rights are one of the most basic and important rights of citizens, so the law of any country has provisions to protect property rights. Article 32 of the 2013 Constitution of the Socialist Republic of Vietnam stipulates: “Private property rights and inheritance rights are protected by law”.
According to the traditional theory of civil law, property rights protection is understood as measures within the legal framework affecting human behavior, in order to prevent and prevent acts that infringe upon human rights. property, remedy the material damage to the owner. The method of property protection is the method that the State and the owner use to protect the owner from acts of infringing upon the property rights, and to remedy the material damage to the owner. Property rights are protected by criminal, administrative or civil remedies.
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The Civil Code of 2015 has dedicated Chapter XI (Section 2), including 8 articles from 163 to 170, to provide for the protection of property rights and other rights to property. In addition, regulations on protection of property rights are scattered among a number of other things. Accordingly, the owner has the right to protect ownership through the following methods:
To perform acts of protecting property rights by themselves; To request the person who unlawfully obstructs the exercise of the lawful ownership or possession right to stop the infringing act and pay compensation for damage; To request courts or other competent State agencies to force the person who commits acts of infringing upon property rights or possession rights to return the property, to stop the act of unlawfully obstructing the exercise of ownership or possession rights. possession and claim damages.
III. Lawyer consulting to protect property rights
Consultancy on rights and obligations of property owners;Advice on ownership, right to use and dispose of property of the owner in accordance with the provisions of the Civil Code 2015.Advice on ownership of real estate registered under the Civil Code 2015;Advice on the time of transferring ownership of the property and the grounds for establishing ownership;Advice on ways to protect property rights.
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IV. Contact a lawyer to advise on civil law
Field Civil law advice on property is one of the areas in which we organize specialized legal services. This field belongs to the group Civil Lawyer in charge of consulting, drafting and resolving disputes. With our experience and knowledge, Quang Thai Law Office is committed to consulting and providing the most effective solution for clients. At the same time, we will do the best to protect your legitimate rights and interests.