07/12/2022 14:18

đá bóng trực tiếpCollection of judgments against husbands demanding that their wives return wedding gifts before filing for divorce in Vietnam

Collection of judgments against husbands demanding that đá bóng trực tiếpir wives return wedding gifts before filing for divorce in Vietnam

My sister and brother-in-law often quarrel and are in đá bóng trực tiếp process of divorcing. Now, my brother-in-law demanded đá bóng trực tiếp return of đá bóng trực tiếp wedding present before he accepted đá bóng trực tiếp divorce. However, this money was used to pay for đá bóng trực tiếp wedding ceremony. So, does my sister have to return đá bóng trực tiếp above amount? "Ms. Ha Lam-Khanh Hoa, Vietnam"

Hello, Ms. Lam, LawNet would like to answer your questions as follows:

Reclaiming đá bóng trực tiếp wedding presents can be seen as negativity in Vietnamese society today. In fact, there are many people who think that bringing đá bóng trực tiếp bride's mother to đá bóng trực tiếp bride's house is a ritual when making an engagement. Therefore, if a divorce occurs, there is no longer any reason for đá bóng trực tiếp groom's family to lose that amount.

According to civil law, đá bóng trực tiếp gift of wedding money is in đá bóng trực tiếp form of a contract for gifting property; đá bóng trực tiếp gift of a wedding gift upon marriage is agreed upon by đá bóng trực tiếp two parties on đá bóng trực tiếp amount and form of giving and no other conditions. Therefore, according to Articles 457 and 458 of đá bóng trực tiếptrực tiếp bóng đá, this donation takes effect from đá bóng trực tiếp time đá bóng trực tiếp bride's family receives đá bóng trực tiếp bride's wedding gift and establishes đá bóng trực tiếp ownership rights of đá bóng trực tiếp bride's family. For đá bóng trực tiếp above reasons, đá bóng trực tiếp request to reclaim đá bóng trực tiếp property will not be accepted by đá bóng trực tiếp court.

In addition,Nghị định 126/2014/NĐ-CPstipulates as follows:

Article 4. Settlement of marriage and family cases and matters applying practices

For settlement of a marriage and family case or matter applying practices, conciliation shall be conducted in accordance with đá bóng trực tiếp law on grassroots conciliation. Prestigious persons in đá bóng trực tiếp community or religious dignitaries shall be encouraged to participate in đá bóng trực tiếp conciliation.

In case đá bóng trực tiếp conciliation fails or đá bóng trực tiếp marriage and family case or matter applying practices falls outside đá bóng trực tiếp scope of grassroots conciliation, a court shall settle that case or matter in accordance with đá bóng trực tiếp law on civil procedure.

In Clauses 1 and 2, Article 2 of this Decree, đá bóng trực tiếp applicable custom must be a code of conduct consistent with đá bóng trực tiếp provisions of Clause 4 and Article 3 of đá bóng trực tiếp Law on Marriage and Family. That is, đá bóng trực tiếp marriage and family custom must be a code of conduct with clear content on đá bóng trực tiếp rights and obligations of đá bóng trực tiếp parties in đá bóng trực tiếp marriage and family relationship; it must be repeated, repeated over a long period of time, and widely recognized in a region, domain, or community.

Therefore, đá bóng trực tiếp application of đá bóng trực tiếp custom must comply with đá bóng trực tiếp conditions specified in Article 7 of đá bóng trực tiếpxem bóng đá trực tiếp trên youtubeof Vietnam. According to đá bóng trực tiếp list of outdated marriage and family practices that should be abolished or banned, đá bóng trực tiếp custom that upon divorcing, đá bóng trực tiếp bride's family must return all bridesmaids and other expenses, and children must follow their father is one that should be abolished. Therefore, đá bóng trực tiếp above practice will not be considered or accepted by đá bóng trực tiếp court to settle divorce cases.

Below are some judgments regarding this matter:

1. Judgmenttrực tiếp bóng đádated 07/26/2019 on divorce

- Level of trial: First instance

- Judicial body: People's Court of Trang Dinh district, Lang Son province

- Quote from đá bóng trực tiếp content: "Mr D and Ms. P are not free to get to know each other, due to đá bóng trực tiếp matchmaking of đá bóng trực tiếp two families and đá bóng trực tiếp traditional wedding ceremony. Both have marriage registrations at đá bóng trực tiếp People's Committee of K commune, T district, and Lang Son province. In 2009, đá bóng trực tiếp couple started to have conflicts because Ms. P had feelings for another man. Because of this, Mr. D used force against Ms. P, and đá bóng trực tiếp couple has been separated since 2009. Now he has determined that đá bóng trực tiếp couple's love is no longer there. Ms. P left Mien Mien from 2009 until now, not caring about her children; he is raising two children by himself. Now, Ms. P asks for a divorce, and he agrees, but he asks Ms. P to pay him 40,000,000 VND for raising two children and 40,000,000 VND for đá bóng trực tiếp wedding day.

2. JudgmentBản án 01/2019/HNGĐ-STdated March 27, 2019 on divorce and child custody disputes upon divorce

- Level of trial: First instance

- Judicial body: People's Court of Van Quan district, Lang Son province

- Excerpt from đá bóng trực tiếp content: "After a period of research, Mr. and Mrs. Ma Thi H voluntarily got married." They held a wedding ceremony according to customs and practices and registered their marriage at đá bóng trực tiếp People's Committee of T commune, Van Quan district, Lang Son province. After getting married, he and his wife did not have any major conflicts during their marriage. Now, Ma Thi H asks for a divorce, and he agrees, but on đá bóng trực tiếp condition that Ma Thi H has to pay him a bride price of 20 million VND; đá bóng trực tiếp compensation for his children's mental loss is 50 million VND.

3. JudgmentBản án 02/2018/HNGĐ-STdated 07/10/2018 on divorce dispute

- Level of trial: First instance

- Judicial body: People's Court of Bao Lac district, Cao Bang province

- Quote from đá bóng trực tiếp content: "I found out that Ms. T often texted and called with other men, he reminded her, but Ms. T didn't listen, so they argued again. About 3–4 months later, Ms. T said she moved to Bac Giang province to work as a worker; he disagreed, but Ms. T still went. Since then, feelings have begun to fade. He went to Bac Giang with Ms. T, and Ms. T chased him away. Currently, his feelings for Ms. T no longer exist, but he only agreed to divorce when Ms. T paid him đá bóng trực tiếp amount of money his family's wedding ceremony brought to Ms. T's house. And he will return all of đá bóng trực tiếp bride's wedding gifts when he gets married and bring them to his house. đá bóng trực tiếp bride's wedding gifts brought to Ms. T's house include: rice, wine, chicken, pork, banh xeo, expenses for đá bóng trực tiếp engagement ceremony, transportation, đá bóng trực tiếp wedding challenge, etc. with a total amount of VND 36,010,000."

4. Judgmentbóng đá hôm naydated August 18, 2020 on divorce and disputes over property claims

- Level of trial: First instance

- Judicial body: People's Court of Binh Gia district, Lang Son province

- Quote from đá bóng trực tiếp content: "đá bóng trực tiếp time of separation is from April 2017 to present. Ms. Hoang Thi S went to her mother's house to live. Mr. Hoang Van L and his family came to pick him up several times, but Ms. Hoang Thi S did not agree to return. As a result, he refused to divorce Hoang Thi S because his feelings remained. On July 24, 2020, Mr. Hoang Van L filed a counter-claim, requesting that Ms. Hoang Thi S return to him đá bóng trực tiếp bride price of VND 25,000,000.including 15,000,000 VND in cash and 10,000,000 VND in hams."

Nhu Y
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