Recently, the Chief Justice of the Supreme People’s Court has announced the precedents that have been approved by the Council of Judges of the Supreme People’s Court.
According to the provisions of Point c, Clause 2, Article 22 of the Law on Organization of the People’s Court, the Council of Judges of the Supreme People’s Court has the task of “selecting the cassation decision of the Judges’ Council of the Supreme People’s Court. , judgments and decisions that have taken legal effect, have the standards of the Courts, summarize and develop into case precedents and publish them for the Courts to study and apply in adjudication” ; Clause 5, Article 27 of the Law on Organization of People’s Courts, one of the duties and powers of the Chief Justice of the Supreme People’s Court is: “Directing the review of trial practice, formulating and promulgating resolutions of the Supreme People’s Court. The Council of Judges of the Supreme People’s Court shall ensure the uniform application of law in trial; summarizing the development of case precedents, announcing case precedents” .
To implement the Law on Organization of People’s Courts 2014, on October 28, 2015, the Council of Judges of the Supreme People’s Court issued Resolution No. 03/2015/NQ-HDTP on the selection process. , publication and application of precedent. On April 6, 2016, the Chief Justice of the Supreme People’s Court issued Decision No. 220/QD-CA announcing 06 case precedents approved by the Council of Judges of the Supreme People’s Court. Recently, the Chief Justice of the Supreme People’s Court continued to issue Decision No. 220/QD-CA dated October 17, 2016 announcing the next 04 case precedents. The application of case precedent is carried out according to the guidance in Article 8 of Resolution No. 03/2015/NQ-HDTP dated October 28, 2015 of the Council of Judges of the Supreme People’s Court on the process of selection, publication and application of precedent. On October 17, 2016, 04 case precedents were published, specifically as follows:
Case precedent No. 07/2016/AL on recognition of house purchase and sale contracts established before July 1 – 1991.
Approved by the Council of Judges of the Supreme People’s Court on October 17, 2016 and published under Decision No. 698/QD-CA dated October 17, 2016 of the Chief Justice of the Supreme People’s Court.
Case precedent
Decision cassation review No. 126/2013/DS-GDT dated September 23, 2013 of the Council of Judges of the Supreme People’s Court on the civil case “Dispute over ownership and use of the house” at Hanoi city between the plaintiffs are Mr. Nguyen Dinh Song, Nguyen Thi Hong, Nguyen Thi Huong and the defendants are Mr. Do Trong Thanh, Do Thi Nguyet, Vuong Chi Tuong, Vuong Chi Thang, Vuong Bich Van , Vuong Bich Hop; persons with related rights and obligations include Mr. and Mrs. Nguyen Thi Lan, Nguyen Thi Hay, To Thi Lam, Nguyen Dinh Uan, Nguyen Thi Hop, Nguyen Dinh Hoa, Nguyen Thi Minh Nguyet, Tran Thi Bich, Vu Dinh Hau .
Legal provisions related to case law
– Articles 81, 82, 83 of the 2004 Civil Procedure Code (corresponding to Articles 93, 94, 95 of the 2015 Civil Procedure Code);– Resolution No. 58/1998/NQ-UBTVQH10 dated August 20, 1998 of the National Assembly Standing Committee on civil transactions in housing established before July 1, 1991.
Key word of the case precedent is
“Contract of sale and purchase. home”; “One party does not sign the contract”; “Evidence Identification”.
Case Law No. 08/2016/AL on determining interest rates and adjusting interest rates in credit contracts from the next day of the first-instance trial.
Approved by the Council of Judges of the Supreme People’s Court on October 17, 2016 and published under Decision No. 698/QD-CA dated October 17, 2016 of the Chief Justice of the Supreme People’s Court.
Source of case law
Decision on cassation review No. 12/2013/KDTM-GDT dated May 16, 2013 of the Council of Judges of the Supreme People’s Court on the business and commercial case “Disputes over credit contracts” in Hanoi city between the plaintiff is the Joint Stock Commercial Bank for Foreign Trade of Vietnam and the defendant is Kaoli Pharmaceutical Joint Stock Company; persons with related rights and obligations include Mr. and Mrs. Nguyen Thi Phuong, Nguyen Dang Duyen, Do Thi Loan.
Legal provisions related to case law
– Articles 471, 474 and Article 476 of the 2005 Civil Code; – Clause 2, Article 91 of the Law on Credit Institutions 2010;– Clause 1, Article 1 of Circular No. 12/2010/ TT-NHNN dated April 14, 2010 of the State Bank of Vietnam guiding credit institutions to lend in Vietnam dong to customers at the agreed interest rate;– Clause 2, Article 11 of Credit Institution’s lending regulations for customers issued under Decision No. 1627/2001/QD-NHNN dated December 31, 2001 of the Governor of the State Bank, amended and supplemented with Decision No. 127/2005/QD-NHNN dated 03 -2-2005.
Keyword of case law
“Interest”; “Unpaid principal”; “Credit agreement”; “Interest rate adjustment”; “Overdue interest rate”.
Case precedent No. 09/2016/AL on determining the average overdue debt interest rate in the market and the payment of interest on the amount of fines for violations and compensation for damage.
Approved by the Council of Judges of the Supreme People’s Court on October 17, 2016 and published under Decision No. 698/QD-CA dated October 17, 2016 of the Chief Justice of the Supreme People’s Court.
Judicial source
Decision on cassation review No. 07/2013/KDTM-GDT dated March 15, 2013 of the Council of Judges of the Supreme People’s Court on the business and commercial case “Dispute over the sale and purchase contract”. chemical” in Bac Ninh province between the plaintiff, the Viet Italy Steel Joint Stock Company, and the defendant, Hung Yen Metallurgy Joint Stock Company; persons with related rights and obligations are Ms. Le Thi Ngoc Lan and Mr. Le Van Dung.
Legal provisions related to case law
– Article 34, Article 37, Clause 3, Article 297, Articles 300, 301, 302, 306 and 307 of the Commercial Law 2005;
– Articles 307, 422, 474 and 476 of the Civil Code 2005.
Keywords of case precedent
“Contract for the sale of goods”; “Breach of contract”; “Refund of advance payment”; “Interest due to late payment”; “Overdue interest rate”; “Average interest rate on overdue debt in the market”; “Violations “; “Damages”.
Case precedent No. 10/2016/AL on administrative decisions being the subject of administrative lawsuits.
Approved by the Council of Judges of the Supreme People’s Court on October 17, 2016 and published under Decision No. 698/QD-CA dated October 17, 2016 of the Chief Justice of the Supreme People’s Court.
Source of case law
Decision on cassation review No. 08/2014/HC-GDT dated August 19, 2014 of the Council of Judges of the Supreme People’s Court on the administrative case “Claim against the decision on compensation, support and reinstatement”. settlement when the state recovers land” in Vinh Long province between the petitioner, Ms. Vo Thi Luu and the defendant, the People’s Committee of Vinh Long province.
Legal provisions related to case precedent
– Clause 1, Article 3 and Clause 1, Article 28 of the 2010 Law on Administrative Procedures (corresponding to Clause 1, Article 3 and Clause 1, Article 30 of the 2015 Law on Administrative Procedures);– Articles 41, 42 of the 2003 Land Law;– Decree No. 197/ND-CP dated December 3, 2004 of the Government on compensation, support and resettlement when the State recovers land;– Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government providing additional regulations on land use planning, land prices, land recovery, compensation, support and resettlement.
Keyword of case law
“Administrative decision”; “Objects of administrative lawsuits”; “Land acquisition”; “Compensation and resettlement for people whose land is recovered”.
Previously, the Chief Justice of the Supreme People’s Court also announced 06 (six) case precedents approved by the Council of Judges of the Supreme People’s Court on April 6, 2016 – these are the first 06 precedents to be published. The People’s Courts and Military Courts are responsible for studying and applying these six case precedents in trial from June 1, 2016. Accordingly, 06 case precedents are: Case
No. 01/2016/AL
Approved by the Council of Judges of the Supreme People’s Court on April 6, 2016 and published under Decision No. 220/QD-CA dated June 6. April 2016 of the Chief Justice of the Supreme People’s Court.
Case precedent
The cassation decision No. 04/2014/HS-GDT dated April 16, 2014 of the Council of Judges of the Supreme People’s Court on the case of “Murder” against the defendant: Dong Xuan Phuong, born 1975; residing at house No. 11/73 Dinh Tien Hoang Street, Hoang Van Thu Ward, Hong Bang District, Hai Phong City; are construction workers; Mr. Dong Xuan Chi and Ms. Duong Thi Thong’s children; was arrested on June 22, 2007; The victim: Nguyen Van Soi, born in 1971 (died).
Legal provisions related to case precedent
– Points m, n Clause 1 Article 93 of the 1999 Penal Code;– Clause 3, Article 104 of the 1999 Penal Code.
Keywords of case precedent
“Murder”; “Deliberately inflicting injury”; “Doing harm to the health of others”; “Crimes of infringing upon life and health”; “Hiring someone else to cause injury”. Case Law
No. 02/2016/AL
Approved by the Council of Judges of the Supreme People’s Court on April 6, 2016 and published under Decision No. 220/QD-CA dated April 6, 2016 of the Chief Justice of the Court Supreme People’s Court.
Source of case law
Decision on cassation review No. 27/2010/DS-GDT dated July 8, 2010 of the Council of Judges of the Supreme People’s Court on the case “Dispute for reclaiming property” in Soc Trang province between plaintiffs and defendants. the petitioner is Mrs. Nguyen Thi Thanh and the defendant is Mr. Nguyen Van Tam; The person with related rights and obligations is Ms. Nguyen Thi Yem.
Legal provisions related to case precedents
Article 137 and Article 235 of the Civil Code 2005.
Key words of case precedent
“Invalid civil transactions”; “Property claim”; “Bases for establishment of ownership rights”; “Establish ownership of interest”; “Vietnamese people living abroad”. Case Law
No. 03/2016/AL
Approved by the Council of Judges of the Supreme People’s Court on April 6, 2016 and published under Decision No. 220/QD-CA dated April 6, 2016 of the Chief Justice of the Court Supreme People’s Court.
Case precedent
Decision cassation review No. 208/2013/DS-GDT dated May 3, 2013 of the Civil Court of the Supreme People’s Court on the “Divorce” case in Hanoi between the plaintiff, Ms. Do Thi Hong with the defendant, Mr. Pham Gia Nam; persons with related rights and obligations are Mr. Pham Gia Phac, Ms. Phung Thi Tai, Mr. Pham Gia On, Ms. Pham Thi Lu, Mr. Bui Van Dap, Ms. Do Thi Ngoc Ha.
Legal provisions related to case precedent
– Article 14 of the Marriage and Family Law 1986;– Article 242 of the 1995 Civil Code;– Clause 2, Article 176 of the 1995 Civil Code.
Keywords of precedent
“Divorce”; “Common property of husband and wife”; “Giving property”; “Bases for establishment of ownership rights”; “Establish ownership under agreement”. Case Case
No. 04/2016/AL
Approved by the Council of Judges of the Supreme People’s Court on April 6, 2016 and published under Decision No. 220/QD-CA dated April 6, 2016 of the Chief Justice of the Court Supreme People’s Court.
Source of case law
Decision on cassation review No. 04/2010/QD-HDTP dated March 3, 2010 of the Council of Judges of the Supreme People’s Court on the case “Dispute over contract for transfer of land use rights” in Ho Chi Minh City. Hanoi street between the plaintiff is Ms. Kieu Thi Ty, Mr. Chu Van Tien and the defendant is Mr. Le Van Ngu; persons with related rights and obligations are Ms. Le Thi Quy, Ms. Tran Thi Phan, Mr. Le Van Tam, Ms. Le Thi Tuong, Mr. Le Duc Loi, Ms. Le Thi Duong, Mr. Le Manh Hai, Ms. Le Thi Nham.
Legal provisions related to case precedent
– Clause 2, Article 176 of the Civil Code 1995;– Article 15 of the Law on Marriage and Family 1986.
Keywords of case precedent
“Dispute over contract for transfer of use right land use”; “Determination of common property of husband and wife”; “Establish ownership under agreement”. Case Law
No. 05/2016/AL
Approved by the Council of Judges of the Supreme People’s Court on April 6, 2016 and published under Decision No. 220/QD-CA dated April 6, 2016 of the Chief Justice of the Court. Supreme People’s Court.
Case precedent
Decision cassation review No. 39/2014/DS-GDT dated October 9, 2014 of the Council of Judges of the Supreme People’s Court on the case “Inheritance Dispute” in Ho Chi Minh City between the plaintiffs are Ms. Nguyen Thi Thuong, Ms. Nguyen Thi Xuan and the defendants are Mr. Nguyen Chi Trai (Cesar Trai Nguyen), Ms. Nguyen Thi Thuy Phuong, Ms. Nguyen Thi Bich Dao; persons with related rights and obligations are Nguyen Thi Xe, Nguyen Chi Dat (Danforth Chi Nguyen), Nguyen Thuan Ly, Nguyen Thi Trinh, Nguyen Chi Duc, Nguyen Thi Thuy Loan, Pham Thi Lien, Pham Thi Vui, Tran Duc Thuan, Tran Thanh Khang.
Legal provisions related to case precedents
Clause 1, Article 5 and Article 218 of the 2004 Civil Procedure Code;
Keyword of case law
“Request for lawsuit”; “Request for counterclaim”; “The effort contributes to the management and embellishment of the inheritance”. Case Law
No. 06/2016/AL
Approved by the Council of Judges of the Supreme People’s Court on April 6, 2016 and published under Decision No. 220/QD-CA dated April 6, 2016 of the Chief Justice of the Court. Supreme People’s Court.
Case precedent
The cassation decision No. 100/2013/GDT-DS dated August 12, 2013 of the Council of Judges of the Supreme People’s Court on the case “Inheritance Dispute” in Hanoi, between the plaintiff is Mr. Vu Dinh Hung with the defendant Ms. Vu Thi Tien (ie Hien), Ms. Vu Thi Hau; persons with related rights and obligations include Mr. and Mrs. Vu Dinh Duong, Vu Thi Cam, Vu Thi Thao, Nguyen Thi Kim Oanh, and Ha Thuy Linh.
Legal provisions related to case law
– Article 93; Point dd, Clause 1, Article 168 of the 2004 Civil Procedure Code;– Articles 676 and 685 of the 2005 Civil Code. “Inheritance Disputes”; “Foreign heirs of unknown address”; “Judicial authorization”; “Dividing the estate”; “Legacy Management”.
Source: According to tapchitoaan.com
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