HÃNG LUẬT DHP

For divorce cases, disputes over child rearing, property division upon divorce where the plaintiff and defendant both reside in two different places, the property being real estate is located in another place, the Court has jurisdiction. settlement will be the Court where the defendant resides and works.

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That is the answer on the TANDTC’s business in Document No. 01/2017/GD-TANDTC dated April 7, 2017.

Accordingly, for divorce cases, disputes over child rearing or division of property upon divorce, and disputes over real estate, the court’s jurisdiction to settle is determined according to the provisions of Points a and b, Clause 1 of this Article. 1 Article 39 of the 2015 Civil Procedure Code; Specifically, the Court where the defendant resides and works.

However, in case the involved parties agree in writing to request the Court of the place where the plaintiff resides or works, the Court of the place where the plaintiff resides or works has jurisdiction to settle.

Article 39. Jurisdiction of the Court by territory

1. The territorial courts’ jurisdiction to settle civil cases is determined as follows:
2. a) The court of the place where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization, has the power to settle disputes according to first-instance procedures. civil, marriage and family, business, commerce, and labor specified in Articles 26, 28, 30 and 32 of this Code;
3. b) The involved parties have the right to agree with each other in writing to request the Court where the plaintiff resides or works, if the plaintiff is an individual, or where the plaintiff’s office is located, if the plaintiff is an agency , to organize the settlement of civil, marriage and family, business, commercial and labor disputes specified in Articles 26, 28, 30 and 32 of this Code; …

Source: According to kiemsat.vn

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