VIETNAM NATIONAL UNIVERSITY HANOI SCHOOL OF LAW -------------------------- LÊ ĐỨC HƯNG THE PROPERTY REGIME OF HUSBAND AND WIFE BY AGREEMENT UNDER THE CURRENT VIETNAMESE MARRIAGE AND FAMILY LAW – THEORY, LAW, PRACTICE GRADUATION THESIS Major: Law High quality program Course: QH-2018-L Student code: 18062016 Hanoi, 2022 VIETNAM NATIONAL UNIVERSITY HANOI SCHOOL OF LAW -------------------------- LÊ ĐỨC HƯNG THE PROPERTY REGIME OF HUSBAND AND WIFE BY AGREEMENT UNDER THE CURRENT VIETNAMESE MARRIAGE AND FAMILY LAW – THEORY, LAW, PRACTICE GRADUATION THESIS Major: Law High quality program Course: QH-2018-L Student code: 18062016 SUPERVISOR: ThS. Trần Công Thịnh Hanoi, 2022 UNDERTAKINGS The author hereby declares that the graduation thesis entitled “The property regime of husband and wife by agreement under the current Vietnamese marriage and family law - Theory, law, practice” is the author's own independent research work. The research contents and results in the graduation thesis have not been published in any works. The article uses a number of research results, legal scientific opinions of some authors, researchers and this information is honestly cited, clearly showing the clear origin, in accordance with the regulations.
The author is responsible for the accuracy and truthfulness of the graduation thesis! THESIS AUTHOR Lê Đức Hưng TABLE OF CONTENTS INTRODUCTION. The urgency of studying the graduation thesis. Graduate thesis research situation. Subjects and scope of study of graduation thesis.
Graduate thesis research method. Purpose of the study of graduation thesis. Structure of graduation thesis. 6 GENERAL THEORY OF THE PROPERTY REGIME OF HUSBAND AND WIFE BY AGREEMENT.
The concept of the property regime of husband and wife. Concepts and characteristics of the conjugal property regime according to the agreement. Concept of conjugal property regime by agreement. Characteristics of the property regime of the spouses according to the agreement.
The meaning of the conjugal property regime according to the agreement 14 1. Generalization of the property regime of spouses in Vietnamese law throughout historical periods. Husband and wife's property regime during the feudal period. The property regime of spouses during the French colonial period.
Husband and wife property regime by agreed between August 1945 and March 24, 1977. The regime of husband and wife is under the agreement since the reunification of the country until now. The regime of conjugal property as agreed in the law of some nations in the world. The regime of property of husband and wife by agreement in the French Civil Code.
The regime of property of conjugal by agreement in the Thailand Civil and Trade Code. Some comments, general assessments. 34 CHAPTER 1 SUB - CONCLUSION. 37 CONTENTS OF THE CURRENT VIETNAMESE MARRIAGE AND FAMILY LAW ON THE PROPERTY REGIME OF HUSBAND AND WIFE BY AGREEMENT 37 2.
Mandatory general provisions for the property regime of spouses as agreed upon. Principles of application of the property regime of spouses. General principles on the property regime of spouses. Rights and obligations of husband and wife to meet their family’s essential needs 40 2.
Transactions related to the home are the sole domicile of the spouses. Transactions with third parties in good faith related to bank accounts, securities accounts and other movable assets not required by law to be registered for ownership and use. Current regulations on establishment of the property regime of spouses under the agreement. The time of establishment of the property regime of spouses as agreed upon ……………………………………………………………………………….
Form of agreement on the property regime of spouses. The contents of the agreement of the spouses on the property regime. Current regulations on amendments and supplements to agreements on property regimes of spouses. Contents of regulations on amendments and supplements to the agreement on property regime of spouses.
Effectiveness of amendments and supplements to the agreement of spouses on property regime. Declaration of invalidity of the agreement of the spouses on the property regime. Cases declared invalid. Termination of the property regime of spouses under the agreement.
In case of termination of the property regime of spouses under the agreement because a spouse has died or is declared dead by the court. In case of termination of the property regime as agreed upon due to divorce 61 2. The case of annulment of an illegal marriage. 63 CHAPTER 2 SUB-CONCLUSION.
67 PRACTICAL APPLICATION AND RECOMMENDATIONS TO IMPROVE THE CURRENT VIETNAMESE LAW ON MARRIAGE AND FAMILY ON THE PROERTY REGIME OF HUSBAND AND WIFE BY AGREEMENT. Practical application of Vietnamese marriage and family law on the property regime of husband and wife by agreement. Inadequacies and causes of inadequacies of the application of Vietnamese marriage and family law on the agreed property regime of husband and wife. The tradition of choosing the property regime of spouses.
Inadequacies in the provisions of the law on marriage and family on the property regime of husband and wife as agreed. Causes of inadequacies. Recommendations to improve the Vietnamese marriage and family law on the property regime of husband and wife by agreement. Some proposals to improve the effectiveness of application of Vietnamese law on the property regime of husband and wife under agreement.
82 CHAPTER 3 SUB - CONCLUSION. The urgency of studying the graduation thesis In order to maintain the stability and happiness of the marriage in particular and the family in general, it is necessary to ensure two factors, namely the emotional factor and the material factor - property. In particular, the material factor - property is often a sensitive factor and greatly affects the emotional factor. Material factors - property is an important foundation for husband, wife, and family members to bond, it helps to develop the family's life and helps the family and members perform their economic, and socioeconomic functions.
With such influence, the State adopts legislation to regulate issues related to property relations in the married life of couples. This regulation can be understood as the property regime of husband and wife. Previously, Vietnam's marriage and family law only recognized the statutory property regime to regulate issues related to the property of husband and wife. However, by the time of promulgation of the Law on Marriage and Family in 2014, our State had recognized a new type of property regime, which is the property regime of husband and wife according to the agreement, this property regime existed parallel with property regime of the spouse under the law.
The new property regime allows spouses or, rather, couples before marriage to actively agree on issues related to their property to apply to adjust property relations of husband and wife during marriage. The fact that Vietnamese law recognizes the type of property regime of husband and wife under the agreement is to ensure human rights and citizens' rights are recognized in the constitution and law. Specifically, the right to freely dispose of personal property. The recognition of this type of property regime also brings many important meanings to the marriage and family life of many couples; The most important thing is that in a market economy that opens up many investment opportunities, the law allows husband and wife to agree on the property regime will help them exercise their freedom to do business, invest and develop the asset.
In addition, the couple's agreement on the property has great significance in resolving divorce cases that require property 1 division, agencies, and individuals competent to handle these cases will not It takes a lot of effort and time to resolve disputes. Besides the above-mentioned positive meanings and advantages, after a long period of taking effect, the provisions of the marriage and family law on the property regime of husband and wife under the agreement have revealed a number of inadequacies. Inadequacy inconsistency with other laws or when compared with marriage and family law regulations governing the same problems of many countries around the world such as France, Thailand, etc. In addition, after nearly 8 years of applying the provisions of the law, the practice also shows certain shortcomings.
Because of the above issues and from the interest in the property regime of the husband and wife in general and the property regime of the husband and wife under the agreement in particular, the writer has chosen the topic: “The property regime of husband and wife by agreement under the current Vietnamese marriage and family law - Theory, law, practice” for graduation thesis. Graduate thesis research situation The topic of the marital property regime under the agreement has brought a lot of attention attention from many research authors from Associate Professors - PhDs to Masters, PhDs, Lawyers, and even students. Articles of these authors are published on reputable information channels such as jurisprudence journals, legislative research journals, and also on websites of the Department of Justice and the website of the Vietnam Bar Federation. Typical articles with research value on this topic can be mentioned as follows: The most typical is the scientific researcher PGS.
Nguyen Van Cu, who has done a lot of scientific research on this topic. His articles have improved his knowledge and provided a lot of useful information year after year. His research publications must be mentioned: Chế độ tài sản của vợ chồng theo pháp luật Hôn nhân và gia đình Việt Nam, Doctoral thesis in Law, 2005; Một số vấn đề về hôn ước và quan điểm áp dụng ở Việt Nam hiện nay, Jurisprudence Journal No. 10/2012, 2012; Chế độ tài sản của vợ chồng theo thỏa thuận trong pháp luật hôn nhân và gia đình Việt Nam, jurisprudence 2 Journal No.
4/2015, 2015; Chương VI: Chế độ tài sản của vợ chồng, Vietnam's marriage and family law Curriculum, 2021. Nguyen Phuong Thao (2015), Chế độ tài sản của vợ chồng theo thỏa thuận – kinh nghiệm từ pháp luật Úc và Hoa Kỳ, published in the Scientific Conference: New Points of the 2014 Law on mariage and family. This research is on the provisions of the laws of the two countries of Australia and the United States on the matrimonial property regime under the agreement. The main content of the article is to point out the subject matter, form and content in the provisions of the marriage and family laws of Australia and the United States.
The article is presented systematically and makes recommendations to improve Vietnam's legal regulations on this issue. The article, Chế độ tai sản thỏa thuận trong pháp luật một số nước và đề xuất cho Việt Nam, published in the Legislative Research Journal, on August 1, 2016, by two authors, PGS.Nguyen Ngoc Dien and TS.Doan Thi Phuong Diep. The article is carefully invested and has great reference value. The article studies the legal systems of many countries in the world such as France, Thailand and Belgium; The authors have analyzed the legal provisions on the property regime of husband and wife under the agreement of these three countries and proposed valuable recommendations for reference to improve the legal provisions of Vietnam.
Some of the master's thesis written on the subject's content must be listed as: Chế độ tài sản của vợ chồng theo thỏa thuận và thực tiễn áp dụng tại Việt Nam - by author Nguyen Thi Thuy Hong, Hanoi University of Law, in 2018; Chế độ tài sản của vợ chồng theo thỏa thuận với việc bảo vệ quyền và lợi ích hợp pháp của người thứ ba – by author Nguyen Huong Giang, Hanoi University of Law, in 2017; Chế độ tài sản của vợ chồng theo thỏa thuận theo Luật Hôn nhân và gia đình Việt Nam năm 2014 – author Nguyen Thi Thu Thuy, Hanoi University of Law, 2015; Chế độ tài sản của vợ chồng theo thoả thuận trong pháp luật hôn nhân và gia đình Việt Nam - author Ngo Thi Anh Van, Ho Chi Minh City University of Law, 2016.