Property
Liability of Husband and Wife in the Marriage Period in Vietnam
According to the laws of Vietnam, marriage relation is
established between a man and a woman based on marriage conditions and
registration. Marriage registration means establishment of legally valid
marriage relation and is protected by State, binding the wife and the husband
with certain liability – joint liability.
Property Liability of Husband and
Wife in the Marriage Period
Joint liability means a liability which shall be performed by both
wife and husband and which the obligee has the right to request other to
perform in its entirety. This liability could arise from property obligation in
marriage period.
Property of wife and husband include two types: common property
and separate property. For the transaction of common property, both wife and
husband mutually agree implement, joint liability shall always exist. Moreover,
the following transactions which are made by either wife or husband including
but not limited to: legitimate representation in civil transaction, business
relations; representation in the ownership certificate of property; the
obligations performed by either wife or husband in order to meet the family’s essential
demand will bind both wife and husband by a joint liability.
Despite one of the principles of Civil Code on separate property
that the owner has a right to possess, use and dispose its assets and the
obligations, liabilities arising out such rights shall be performed by the
owner in itself, the transaction performed by either wife’s assets or husband’s
assets can arise joint liability to other party such as the usage of separate
property for maintenance, development of common property or making family’s
primary income.
In conclusion, the provisions of joint liability
on spouses’ assets not only ensure the right, benefits of wife, husband, family
and third party but also is legal foundation for resolution of dispute.
ANT Lawyers is a law firm in Vietnam,
with professional and high experience divorce dispute lawyers in Vietnam in
resolving divorce matters. Please contact us for inquiries through
email ant@antlawyers.vn, call our office at +84 28 730 86 529
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