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Civil cases constitute a crucial aspect of Vietnamese law, encompassing disputes and requests related to the rights and interests of individuals and organizations in social life. A clear understanding of civil cases enables relevant parties to protect their rights legally and effectively.
1. What is a Civil Case?
Civil cases arise in various areas of social life, primarily in civil affairs, family and marriage, commercial business, and labor relations. These disputes may occur between individuals, organizations, or between individuals and organizations when the rights of one party are infringed upon or when conflicts need resolution.
The court has jurisdiction to receive and resolve civil cases in accordance with the current procedural laws. Civil cases are generally categorized into two main types:
- Civil lawsuits involve disputes over rights and obligations between individuals and organizations. These cases are typically brought before the court and go through multiple trial stages, including first-instance, appellate, and judicial review procedures.
- Non-contentious civil matters involve administrative requests or confirmation of specific rights without disputes between parties. In such cases, individuals or organizations request the court to recognize a particular legal event.
2. Characteristics of Civil Cases
A civil lawsuit is characterized by the existence of a dispute between parties, involving the participation of the plaintiff, defendant, and related parties with legal rights and obligations. The resolution process is often lengthy, requiring several steps such as evidence collection, trial hearings, and court rulings. Court judgments may be appealed or protested following legal procedures.
In contrast, non-contentious civil matters do not involve disputes but rather an individual’s or an organization’s request for the court to confirm a legal event, such as declaring a person missing or recognizing a foreign judgment. The resolution process is simpler than civil lawsuits, typically requiring less time and resulting in a court decision rather than a judgment.
3. Examples of Civil Cases
Civil lawsuits:
- Inheritance disputes occur when family members disagree on the division of a deceased person’s estate.
- Contract disputes arise when one party breaches contractual obligations.
- Land disputes involve conflicts over land ownership or usage rights.
- Division of marital property during divorce proceedings.
Non-contentious civil matters:
- Request to declare a person missing when they have been absent for a prolonged period without contact.
- Request to annul an unlawful marriage when a marriage violates legal conditions.
- Request to recognize a foreign judgment to enforce a foreign court ruling in Vietnam.
- Determination of a person’s legal incapacity due to mental illness or other reasons.
All civil cases must adhere to strict procedural rules to safeguard the legal rights and interests of all parties involved.
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