scholarly journals Dispute on the Contract of Transferring Land-Use Rights: An Analysis of the Vietnamese Precedent No. 04/2016/AL

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Nguyet Thi Anh Truong
Keyword(s):  
Land Use ◽  
Common Property ◽  
Legal Framework ◽  
Third Party ◽  
Sufficient Evidence ◽  
The Third ◽  
Marital Property ◽  
Considerable Impact ◽  
Local Courts ◽  
Land Use Rights

Among many precedents involving the land issue, the precedent No. 04/2016/AL regulates the dispute on the contract for transferring land-use rights. Passed by The Council of Judges of The Supreme People's Court on April 6, 2016, house ownership and land-use rights are marital properties, but only the husband or the wife signs the contract on selling the house and transferring the land-use rights to another, and the transferor received the full payment from the transferee as agreed. The husband or the wife did not sign the contract. If there is sufficient evidence supporting that: (i) this person knows the transfer and jointly uses the money paid from transferring the landuse rights; and (ii) this person knows that the transferee received, managed and used this house and land publicly without having any objections. In this case, it is necessary to determine that person agreed upon with the transfer of land-use rights. Despite its significance and role in the dynamics of the Vietnamese law, little research has been conducted into the extent to which the precedent has a considerable impact on the application of local courts. Furthermore, the understanding and analysis of precedents have not been fully explored. The article aims to analyze the controversial points that focus on an unwritten consent in the aforementioned transaction. This paper examines the legal and practical values of precedent – as a guideline – in three striking aspects: (i) applying precedent to settle cases containing similar issues; (ii) filling a gap in a transaction with the third party of the marital property but only the spouse signed the contract; and (iii) extending the scope of the jointly marital ownership to include the range of common property of households' members. The exploration of this precedent, thus, contributes to the understanding of the contemporary socialist law and the comprehensively legal framework for the precedent system in Vietnam.

Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 95-120
Author(s):  
Meisha Poetri Perdana
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Third Party ◽  
Primary Data ◽  
The Third ◽  
Marital Property ◽  
The Right ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this research is the normative juridical approach. The data used in this paper are secondary data and primary data as a complement to secondary data. The results of research and discussion, namely the marriage agreement that is not recorded or registered, is invalid according to the provisions of Article 29 paragraph (1) of Law Number 1 of 1974. The legal consequences of marital property if the marriage agreement is not registered is that the property becomes joint property and assets default. Legal protection for a disadvantaged third party is by means of preventive legal protection in which a third party has the right to assume that the marriage agreement does not exist, whereas the refractive legal protection that is the third party has the right to file a lawsuit in court. Suggestions that the notary provides guidance to register the marriage agreement deed to the Population and Civil Registry Office in order to obtain validity and publicity. And the marriage agreement must be registered so as not to harm a third party. Keywords: Registration of Marriage Agreement, Marriage Property, Legal Protection of Third Party

scholarly journals The Legal Consequences of a Married Couple as being the Sole Founders in the Partnership

2020 ◽  
Vol 3 (2) ◽  
pp. 190
Author(s):  
James Ridwan Efferin
Keyword(s):  
Special Form ◽  
Married Couple ◽  
Third Party ◽  
Limited Partnership ◽  
The Third ◽  
Legal Standing ◽  
Commercial Code ◽  
Marital Property ◽  
Legal Consequences ◽  
Husband And Wife

<p class="Default">A Partnership Firm (“Firma”) and a Limited Partnership/Commanditaire Vennootschap (“CV”) in Indonesia are regulated in the First Book of the Commercial Code of Indonesia, chapter the Third (Regarding the various Companies), in the First and Second section.</p><p class="Default">Both partnerships are considered to be the special form of the civil partnership/Maatschap, which is regulated in the Civil Code of Indonesia (Article 1618 – 1652).</p><p class="Default">According to Rudhi Prasetya, “In practice, it is not uncommon for us to see a Firma or CV that has only 2 partners, of which they are husband [and] wife.”</p><p class="Default">Therefore the main issue will be the legitimacy of the said partnership if it has only a husband and wife as the founders/partners, especially if the said husband and wife do not make any separate marital property agreement.</p><p class="Default">What will be the legal consequences if the said condition happens, especially the external liability to the third party.</p><p class="Default">The main objective of this writing is to give an argumentation and the legal standing that a married couple can actually establish and be the sole founders/partners in a partnership with all of its consequences, even though they did not make any separate marital property agreement.</p>

scholarly journals The Land Rights Which Can Be Given On The Land Management System

2021 ◽  
Vol 4 (4) ◽  
pp. 295
Author(s):  
Carrissa Shannon Lie ◽  
Yohanes Kristian Pranata
Keyword(s):  
Government Regulation ◽  
Land Rights ◽  
Third Party ◽  
Court Decisions ◽  
Conceptual Approach ◽  
The Third ◽  
The Government ◽  
Land Management System ◽  
The Right ◽  
Land Use Rights

This research to understand management Right which defined in the Government Regulation No. 18 of 2021 Article 1 No. 3 as the State’s ownership right in which a part of the authorization is given to the Management Right holder. The type of research was juridical normative law research, which was a research that emphasizes in written documents as the main law resources, such as regulations, court decisions, law theories, and scholar’s opinions. There were 2 (two) approaches used to support this research. The first one was statute approach, which was done by analyzing all the related regulations and others that were related to currently law issues. One of the authorities that the holder has is to hand in parts of the Management Right land to a third party and/or cooperating with a third party. If the land is used by a third party, then a Land Right has to be given on the land for the third party’s basis to utilize and/or use the land. The handing of Land Rights to a third party must be done with the holder’s agreement. Therefore, the third party uses the land with the right on a certain land that is initiated on the Management Right land. The main issue that will be discussed is what types of land rights that can be given on the lands. This research is a law research with a normative law research method. Besides that, this research uses statute approach and conceptual approach. The conclusion is the land rights that can be given on the land are Building Rights on Land and Land Use Rights.

Resolving tension from the third-party forgiveness effect

2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green
Keyword(s):  
Third Party ◽  
The Third ◽  
The Third Party

Social and political dimension of stigmatization: The development of Natasha and Maria images for immigrants in Istanbul

2016 ◽  
Vol 13 (1) ◽  
pp. 159-168
Author(s):  
Bayram Unal
Keyword(s):  
Public Perception ◽  
Daily Life ◽  
Legal Framework ◽  
State Law ◽  
Migrant Women ◽  
Political Dimension ◽  
Security Forces ◽  
Official Discourse ◽  
The Third ◽  
The Impact

This study aims at understanding how the perceptions about migrants have been created and transferred into daily life as a stigmatization by means of public perception, media and state law implementations.  The focus would be briefly what kind of consequences these perceptions and stigmatization might lead. First section will examine the background of migration to Turkey briefly and make a summary of migration towards Turkey by 90s. Second section will briefly evaluate the preferential legal framework, which constitutes the base for official discourse differentiating the migrants and implementations of security forces that can be described as discriminatory. The third section deals with the impact of perceptions influential in both formation and reproduction of inclusive and exclusive practices towards migrant women. Additionally, impact of public perception in classifying the migrants and migratory processes would be dealt in this section.

Issues in security and privacy of big data

2018 ◽  
Vol 7 (12) ◽  
pp. 1
Author(s):  
Shaveta Bhatia
Keyword(s):  
Cloud Computing ◽  
Big Data ◽  
Approximate Method ◽  
Biomedical Research ◽  
Cyber Security ◽  
Data Science ◽  
Third Party ◽  
Security And Privacy ◽  
Security Threats ◽  
The Third

 The epoch of the big data presents many opportunities for the development in the range of data science, biomedical research cyber security, and cloud computing. Nowadays the big data gained popularity.  It also invites many provocations and upshot in the security and privacy of the big data. There are various type of threats, attacks such as leakage of data, the third party tries to access, viruses and vulnerability that stand against the security of the big data. This paper will discuss about the security threats and their approximate method in the field of biomedical research, cyber security and cloud computing.

Keadilan Distributif atas Pembagian Harta Bersama dalam Perkawinan bagi Keluarga Muslim di Indonesia

2018 ◽  
Vol 11 (1) ◽  
pp. 35-48
Author(s):  
Siah Khosyi’ah
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Married Couples ◽  
Dropping Out ◽  
Legal Cases ◽  
Islamic Jurisprudence ◽  
Marital Property ◽  
Joint Property ◽  
Husband And Wife ◽  
Muslim Scholars

The division of marital joint property after the breakup of marriage, whether dropping out of marriage due to divorce or due to death, is a new thing in Islamic jurisprudence (fiqh). This is because the concept of mutual treasure is not known in the books of classical Islamic jurisprudence of Muslim scholars of the schools at their times, in which their work are always made as referral in the legal cases up to the present days. In Indonesia, the distribution of common property is regulated in the Compilation of Islamic Laws Articles 96 and 97, which stipulate the rules of distribution of joint property for married couples whose married are off as a result of divorce or death. Article 97 of the Compilation of Islamic Law actually provides an overview of the flexibility of the distribution of common marital property, including in certain cases because the article is regulating (regelen) rather than forcing (dwigen), so that the division is not absolutely divided equally between husband and wife, and casuistically the provisions of that article may be disregarded.

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