Main tasks and practical skills:
- Provisions on personal property of husband and wife stipulated in Article 16 Law on Marriage and Family 1986, Article 32 Law on Marriage and Family 2000, including:
- The same points between Law on Marriage and Family 1986 and Law on Marriage and Family 2000:
+ Personal property of husband and wife includes property owned by each person before their marriage.
+ Property inherited and/or given separately during the marriage period.
- Differences between Law on Marriage and Family 1986 and Law on Marriage and Family 2000:
+ Division of common property during the marriage period, in accordance with Law on Marriage and Family 1986 must be decided by the Court (Article 18 and 42). However, under the Law on Marriage and Family 2000, the division may not be divided by the Court (Article 29).
- House granted for people who made contribution to the revolution (sub item 1.1, item 1 part III Resolution No. 02/2004) is considered as the separated property of him.
- The registration of separate property:
- Where a property under the common ownership of the husband and wife is required by law to be registered for ownership, the names of both husband and wife must be inscribed in the ownership certificate thereof. (Item 2 Article 27 Law on Marriage and Family)
- Where there is no evidence proving that a property being in dispute between husband and wife is his/her personal property, such property is common property. (Item 3 Article 27 Law on Marriage and Family; Item 3 Resolution No. 02/2000/Resolution No.-HDTP; Article 3 Decree No. 70/2001/ND-CP).
|
