The Civil Code 2015 is only valid, the author thinks that the study of theoretical as well as practical basis of inheritance issues according to law, thereby making assessments and recom
Trang 1VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
DANG THU HA
NHERITANCE LAW ACCORDING TO THE CIVIL LAW OF THE SOCIALIST REPUBLIC OF VIETNAM IN 2015
Major: Economic Law Code: 9 38 01 07
ABSTRACT SUMMARY OF DISCIPLINE STUDY
HA NOI, 2019
Trang 2THIS WORK IS COMPLETED AT
GRADUATE ACADEMY OF SOCIAL SCIENCES
SCIENCE INSTRUCTOR:
Associate Professor PhD Pham Van Tuyet
Reviewer 1: Prof PhD Pham Van Tuyet
Reviewer 2: Assoc Prof PhD Tran Thi Hue
Reviewer 3: Assoc Prof PhD Nguyen Thi Que Anh
The thesis is defended before the thesis appraisal board of the Academy at the Graduate Academy of Social Sciences at:
hours, date month 2019
This thesis can be found at:
- Library of Graduate Academy of Social Sciences
- National Library of Vietnam
Trang 3LIST OF SCIENTIFIC WORKS PUBLISHED
1 Dang Thu Ha (2018), "Categories and inheritance according to the laws of Vietnam and some countries in the world", Law Profession Journal, ISSN: 1859-3631, No 5 in 2018, pp.85-90
2 Dang Thu Ha (2018), "Legal inheritance in Vietnam", Journal of Human Resources for Social Sciences, ISSN 0866-756X, No 09 (64) 2018, Tr.32-40
3 Dang Thu Ha (2019), Inheritance and succession in accordance with the Civil Code 2015 Human Resources Journal of Social Sciences, No 05 (72) 2019, pp.27-35
Trang 4PREAMBLE
1 The urgency of the topic
Civil Code 2015 stipulates issues related to inheritance according to law and willary inheritance However, the practice of solving inheritance disputes has shown that there are many disputes related to inheritance cases according to law There are even cases where the testator has made a will but the will did not give rise to a partial legal effect, or because the inheritance was misidentified leading to inheritance disputes under the law Although the issue
of inheritance according to law has been studied by many domestic and foreign authors, but along with the development of economy, culture and society, it has been changing day by day This is no longer just a traditional heritage, so the inheritance disputes have also changed about the object, the subject, the nature and the scale
of the case The Civil Code 2015 is only valid, the author thinks that the study of theoretical as well as practical basis of inheritance issues according to law, thereby making assessments and recommendations to complete the regulations The current legislation on this content, creating a stronger legal basis for the application of the law of the court in resolving inheritance disputes under the law is always a necessary and worthwhile job care and respect Corresponding to the change and development of the socio-economy, disputes on inheritance are also increasingly complex, so the thesis researches and proposes new solutions to improve the law and further improve it Effective application of the law on
Trang 5inheritance according to law From the above reasons, the author
decided to choose the topic: "Inheritance law according to the Civil Law of the Socialist Republic of Vietnam 2015" as his thesis
research topic.2 The purpose and research tasks of the thesis
2 The purpose and research tasks of the thesis
2.1 Research purposes
Research the theoretical basis for inheritance according to law to point out the inconsistencies in the provisions of the Civil Code on the issue of inheritance according to law compared to the practice of resolving disputes related to this content, from It is aimed at making recommendations to improve the law on inheritance according to law, creating a firmer legal corridor for the application of the law by competent state agencies
in the process of applying law to solve the case in practice and proposing recommendations to improve the law on inheritance
Trang 6according to law in order to improve the effectiveness of the
resolution of inter-related disputes related to this content.
3 Research subject and scope
3.1 Research subjects
The subject of the thesis is the law on inheritance according
to the Civil Code of the Socialist Republic of Vietnam in 2015
3.2 Research scope
- Scope of research content: The thesis focuses on studying the provisions of the Civil Code of the Socialist Republic of Vietnam in 2015 on inheritance according to law, however the thesis does not study inheritance according to law foreign elements
- Scope of space: The thesis focuses on research on inheritance according to law within the territory of Vietnam, besides comparing with some regulations of laws of some countries
in the world
- Time range:
The dissertation studies theoretical and practical issues related to inheritance according to law, the provisions of the Civil Code 2015 on inheritance according to law and focuses on understanding the reality of resolving inheritance disputes according to law laws from 2015 Civil Code In the context of the Civil Code 2015 only taking effect from January 1, 2017, the author still compares and compares the theoretical and legal issues in the
Trang 7previous Civil Code (Civil Code 1995 and Civil Code 2005), some legal documents in the old period
4 The research method of the thesis
The thesis uses the methodology of dialectical materialism and historical materialism based on the Party's views, goals and guidelines, the State's legal policies, and scientific research methods The human society and the method of scientific research are also used by the author
5 New contributions of the thesis
The thesis "Inheritance at law under the Civil Code of the Socialist Republic of Vietnam in 2015" has shown the following new points:
Firstly, supplement and complete some basic theoretical issues about inheritance according to law
Secondly, systematic analysis of the provisions of the Civil Code 2015 on legal inheritance on the basis of theoretical issues studied in the chapter on theory and comparison with the law laws
of some countries, through which there are individual views on the reasonable or limited points of these regulations compared to the previous regulations
Thirdly, the thesis has analyzed and commented on some typical judgments, some practical situations on inheritance disputes under the law during the period when the Civil Code 2015 became legally effective From there, point out the causes and propose
Trang 8some recommendations to improve the law on inheritance according
6.2 Practical significance:
The thesis can be a valuable reference for lawmakers, teaching experts, jurisprudence training facilities
7 The structure of the thesis
In addition to the introduction, conclusion, list of references, the thesis is structured with 04 chapters:
Chapter 1: Overview of research situation and issues related
Trang 9Chapter 1 OVERVIEW OF THE RESEARCH SITUATION AND ISSUES RELATED TO THE TOPIC 1.1 Overview of research situation
1.1.1 Research situation
1.1.1.1 Theoretical studies on inheritance according to law
There have been many studies on inheritance according to law in many different angles and perspectives, each project has its own research method and approach but in general, it has analyzed and reflected the mechanical features The first version of research issues is as follows:
* Regarding the concept of inheritance according to law: The concept of inheritance according to law has been studied
by some authors in works such as the book "Inheritance according
to the law of Vietnamese citizens from 1945 up to now" by Phung Trung Tap, published by Justice Publishing House 2004 version of the book "Legislation on inheritance and dispute resolution practices", Hanoi Justice Publishing House published in 2017 by Pham Van Tuyet and Le Kim Giang shows that there is a high unity and is based on provisions of the Civil Code such as Article 677 Civil Code 1995, Article 674 Civil Code 2005, Article 649 Civil Code 2015: "Inheritance by law means inheritance according to inheritance goods, conditions and order of inheritance prescribed by law"
* About the characteristics of inheritance according to law
Trang 10In research works on inheritance in general and inheritance according to law in particular, there are very few studies that mention the characteristics of inheritance according to law Although the characteristics mentioned by the authors are different, the authors derive from the reason that the inheritance of the inheritance does not show their will to the fortune property they had before they died, so the law replaces the will of the person who left the estate to dispose of their properties after they died The law divides those who are closest to the person who leaves the estate based on three relationships: marriage, bloodline or upbringing according to the conditions and order of the law
* About the meaning of regulations on inheritance according
to law
Regarding the meaning of the law on inheritance, there have been many studies on the meaning of the law on inheritance as follows:
Article: "A number of issues about inheritance rights in the Civil Law" by author Ha Thi Mai Hien State Magazine and Law,
No 5, 1995 [17; p.31], book: "Scientific commentary on some basic issues of Civil Code", Institute of Legal Science Research (1997), edited by author Hoang The Lien, [91 Tr 262], Doctoral thesis of law: "Inheritance according to the law of Vietnamese citizens from 1945 up to now", by Phung Trung Tap (2002), [52], book: "Inheritance according to law of Vietnamese citizens from
1945 to now ”by Phung Trung Tap (2004) [54, P.5]
Trang 11The above studies all mention the meaning of the law on inheritance but there have not been any specific studies on the meaning of the law on inheritance Each perspective of a different author brings up a different meaning of inheritance rules But from any perspective, we can see the significance and the huge role of the provisions on inheritance in regulating relationships in society today
* Regarding the cases of inheritance according to law
The research works on inheritance cases according to law, there are works such as:
Book: "Scientific commentary on some basic issues of Civil Code", Legal Research Institute (1997) [91], edited by author Hoang The Lien, book: "Inheritance according to the law of Vietnamese citizens from 1945 to the present ”by Phung Trung Tap (2004) [54], book:" Legislation on inheritance and dispute resolution practices "by Pham Van Tuyet and Le Kim Giang ( 2017) [81]
The above constructions have an agreement on raising inheritance cases according to law according to the current law provisions at the time such works are announced Particularly, the book "Inheritance according to the law of Vietnamese citizens from
1945 up to now" (2004) [54], the author of the author Phung Trung Tap pointed out and analyzed the cases of inheritance according to the law in our country before the August Revolution and after the period after the August Revolution to 2004
Trang 12* About the inheritance and the heirs according to law
In recent years, there have been many research works on issues of inheritance according to law, such as: "Scientific commentary on some basic issues of Civil Code", Institute of Legal Science Research ( 1997) [91], authored by author Hoang The Lien, wrote: "Children's rights to property and inheritance, some theoretical and practical issues", by Ha Thi Mai Hien published in the Journal of State and Law, No 5, 1998 [18], Book: "Some thoughts on inheritance in Vietnam Civil Law" (1999) [11] by Nguyen Ngoc Dien, The article "Discussing the inheritance relationship between stepchild and stepfather" by Thai Cong Khanh published in Journal of People's Court, No 2/2002 Book: "Legal inheritance of Vietnamese citizens from 1945 to present" by Phung Trung Tap (2004) [54], book: "Legislation on inheritance and dispute resolution practices" (2017 ) by authors Pham Van Tuyet and Le Kim Giang [81]
The above works are all about inheritance and the scope of people inheriting inheritance according to the law, the suitability or non-conformity of the provisions of Vietnamese law, the limitations
of law Vietnam has not stipulated the right to inherit the position of children and grandchildren when their parents and grandparents are deprived of the right to inherit from which the authors propose solutions to amend and supplement the provisions of the law on inheritance according to law
Trang 131.1.1.2 The research works on the actual situation prescribed by law on inheritance according to law
Book: "Some thoughts on inheritance in Vietnam Civil Law"
by author Nguyen Ngoc Dien (1999), book: "Inheritance according
to law of Vietnamese citizens from 1945 to present" by Phung Trung Trung (2004) [54], the article: "Inheritance in civil laws of some countries in the world" by Tran Thi Hue "[19] published in the State magazine and law in October 2006, No 222, p.78 - 83 Book: "Legislation on inheritance and dispute resolution practices"
by Pham Van Tuyet, Le Kim Giang (2013) [79], book "Inheritance
in America from coloninal times to the present ”(1987) from Carole Shammas, Marylyn Salmon, Michel Dililin and Publisher Rutgers [98], book“ A survey of Canadian and German ” Succession Law
”(A survey The Law on Inheritance Law of Canada and Germany
by Eric P Polten (2011) [99], book “Inheritance Law in Germany and Australia” by Schuweizei Kobras (2012) [102] In the above works, in addition to the authors citing the applicable cases of inheritance according to law, there is a comparison highlighting the perfection, translating over time on the applicable cases of inheritance According to the law, the comments on the provisions
of the law on inheritance for readers to understand and apply those rules in real life The authors have made their comments on the current situation of the law on inheritance according to law
1.1.1.3 Practical studies applying the provisions of inheritance according to law