Civil disputes related to property are a common occurrence in the legal landscape. These conflicts can arise for various reasons, such as disagreements over property boundaries, ownership, leases, and more. As property values continue to rise, these disputes become increasingly contentious and complex. Please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

1. What is a civil dispute?

Currently, the law does not have a clear concept of civil disputes. Civil disputes are understood as disputes occurring between subjects participating in civil legal relations regarding personal relationships and property relationships protected by law.

Common types of civil disputes today are: disputes over property ownership, disputes over civil contracts, disputes over compensation for non-contractual damages, divorce issues.

When a civil dispute arises, the parties want to find a solution to the dispute, best ensure their interests, and save time and money.

Civil Disputes Related To Property

2. What is property?

Assets are things, money, valuable papers and property rights.

Things that are property are not only things that exist, but also include things (or property) that are certain to have. Article 175 of the 2015 Civil Code (2015) defines this type of property as yield and income - this is an increase in property under certain conditions. Similarly, money and valuable papers are also identified as assets with special properties.

It is necessary to distinguish property from the concept of goods in political science and economics. The value of goods is determined by the social labor spent to produce those goods. Land and natural resources are things but not goods because they are not associated with social labor. Therefore, the concept of property has a broader scope than the concept of goods.

3. Initiate a civil lawsuit

When negotiation and conciliation methods do not bring results, new subjects choose to sue in court for resolution.

This is a method that involves the participation of the representative of state power, the People Court. Therefore, the dispute resolution process must comply with strict provisions of procedural law. At the same time, the Court judgments and decisions are guaranteed to be enforced by the system of state judgment enforcement agencies.

4. Classification of the Court jurisdiction

4.1. Jurisdiction of the Court according to type of matter

Competence to resolve disputes by type of matter is a summary of the types of civil cases that the Court has the authority to accept and resolve according to civil proceedings. The Court jurisdiction over these types of matters will be separate from civil cases under the jurisdiction of other agencies.

4.2. Jurisdiction of the Court by level

According to the provisions of the Law on Court Organization 2014 regulating the Court organization system, district-level People Courts and provincial-level People Courts have first-instance jurisdiction. The determination of the Court jurisdiction by level is stipulated in Articles 35 and 37 of the 2015 Civil Procedure Code based on the complex nature of each type of case, based on physical conditions and actual professional qualifications of court staff.

Civil Disputes Related To Property

4.3. Jurisdiction of the Court by territory and at the choice of the parties

In principle, the territorial delimitation of the Court jurisdiction must be carried out on the basis of ensuring the Court quick and correct resolution of civil cases, ensuring the protection of the interests of the State. country, the legitimate rights and interests of the litigants, but still ensure that the Court with jurisdiction is the most favorable court for the litigants participation in the proceedings, and the court with the most favorable conditions to resolve the matter. decide the case. Basically, the provisions on territorial jurisdiction in Article 39 and Article 40 of the 2015 Civil Procedure Code have inherited the provisions of the previous Civil Procedure Code.

5. Civil disputes related to property

5.1. Disputes over property ownership

Assets that individuals, legal entities and other entities are entitled to own and use are very diverse and can include objects, money, valuable papers and property rights. That property can be expressed in the form of movable or immovable property. These types of assets can become the subject of civil disputes and the law must protect the legal ownership rights of the owner.

Disputes over property ownership under the Court jurisdiction include disputes over the right to possess, use, and dispose of property or disputes over compensation for damage to property. The State also promulgates legal documents to further specify and sometimes requires scientific statistics on the dispute situation for use in research work.

5.2. Disputes about civil contracts

Civil contract disputes are a common type of dispute that Courts at all levels must resolve. Therefore, there are some notes as follows:

- Regarding the subject: If both parties to the contract dispute do not have business registration, then the dispute is a civil dispute under the jurisdiction of the Civil Court.

- For profit purposes: Although two parties have business registration, but one or both parties sign a contract without profit purpose, it is also a civil contract.

 - Individuals, legal entities, and organizations are considered to have business registration when they are granted a business registration certificate by a competent state agency.

- In case when signing a contract, both parties have the purpose of profit but one or both parties have not been granted a business registration certificate.

- Both parties have a business registration certificate, but if one or both parties do business outside the scope of business registration and for profit purposes.

- If both parties have a business registration certificate, civil matters fall under the jurisdiction of the Civil Court.

5.3. Disputes over compensation for damage outside the contract

Non-contractual compensation disputes are very diverse; there is a case of dispute for compensation for damage outside the contract stemming from acts of causing damage to life and health, leading to property damage and mental damage; there is a case of causing damage to the owner property such as destruction, loss of the owner property, or that of the legal manager; there are cases where the claim for damage is caused by a highly dangerous source, by animals, by trees.

There is no contractual relationship between the person causing damage and the person suffering damage, or there is a contractual relationship, but the act of causing damage is not related to the contract between the parties.

5.4. Disputes over property inheritance

The court has the authority to resolve inheritance disputes such as requesting to divide the estate left by the deceased (according to the law or will), confirming one inheritance rights or rejecting the inheritance rights of the deceased. another person, request to force the heir to fulfill the property obligations left by the deceased, and pay expenses from the estate.

Inheritance disputes that the statute of limitations for initiating lawsuits has expired are not within the jurisdiction of the Court.

Civil disputes related to property are inevitable. Property disputes can be distressing and disruptive, affecting individuals, families, and businesses alike. These conflicts typically revolve around disagreements related to the ownership, boundaries, or usage of real estate. For more detail, please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline: (+84) 903.419.479

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