Civil Law – Civil Procedure Law
Jurisprudence no. 06/2016/AL was adopted by the Council of Judges of the Supreme People’s Court on 6 April 2016 and declared by the Chief Justice of the Supreme People’s Court in the decision no. 220/QD-CA dated 6 April 2016.
Source of jurisprudence: Cassation decision no. 100/2013/GDT-DS dated 12 August 2013 of the Council of Judges of the Supreme People’s Court concerning a dispute on decedent’s estate in which the Claimant is Mr. Vu Dinh Hung, the Respondents are Ms. Vu Thi Tien and Ms. Vu Thi Hau and the persons with related interests and obligations are Mr. Vu Dinh Duong, Ms. Vu Thi Cam, Ms. Vu Thi Thao, Ms. Nguyen Thi Kim Oanh and Ms. Ha Thuy Linh.
Established rule: Concerning dispute on decedent’s estate, in the situation where an inheritor resides abroad, if the Court has requested judicial entrustment and sought evidence but cannot know his/her whereabouts, the Court shall continue to settle the claims made by other inheritors, the part of the decedent’s estate attributed to the absent inheritor shall be temporarily managed by an inheritor residing in Vietnam and then handed over to him/her. Tiếp tục đọc “Civil Law: Jurisprudence no. 06/2016/AL – Dân luật: Án lệ số 06/2016/AL” →