Today, a lot of properties need to be registered, including motorbikes. After registration is complete, the owner will have certain rights with that motorbike. So about the matter “Rights of a motorcycle owner under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
What is property?
As an object of ownership – has been defined by Article 105 of the Civil Code 2015 as follows: Property is objects, money, valuable papers and property rights. Assets include real estate and movables. Real estate and movables can be existing assets and assets formed in the future.
- Object
Objects are objects of the physical world in a broad sense including animals, plants, and things with a physical meaning in all states (solid, liquid, gas).
With the meaning of a legal category, a thing is a part of the material world that can meet a certain need (material) of people. However, not every part of the physical world is considered a thing. Therefore, there are parts of the physical world that in one form are considered things but in other forms are not.
Thus, in addition to being able to meet human needs, real things with their character as property must be in human possession, have valuable characteristics, and become objects of civil exchanges.
Due to the development of science and technology, the concept of objects in legal science is also expanded.
For example, software in a computer or waste if used as a material would be considered an object, but would normally not be considered an object.
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 Civil Code has defined this type of property as: yield and income. This is an increase in wealth under certain conditions. Similarly, money and valuable papers are also identified as assets with special properties.
- Property rights
In addition to things, money—property is also defined as property rights according to the provisions of Article 115 of the Civil Code: “Property rights are rights valued in money, including property rights to objects of intellectual property rights, land use rights and other property rights”.
Property rights are understood in a broad sense as the right of individuals and organizations permitted by law to act on their property and require others to perform an obligation to bring material benefits to the property. In this sense, ownership is also a property right. The right to require others to perform a property obligation (contrary to the right) is also a property right. On the basis of such a concept, Roman Law classifies property rights (civil rights) into property rights and non-rights. not divided into property rights and ownership rights. Because after all, property ownership is also property rights.
Article 115 of the Civil Code stipulates that property rights are rights valued in money. According to this provision, the Legislator means the right of an individual, that is, the right of one subject to another subject and this right has a monetary value.
So, according to the provisions of Article 115, a property right is the right to require another person to perform an obligation with a value equal to a certain amount of money such as repaying a debt, compensating for damage or requesting another person to transfer the value of the property. For example, the right to demand payment of the value of common property.
Along with the development of the economy and society, especially in the condition that the market economy is managed by the State in the direction of socialism, the scope of property as an object of ownership property – is unrestricted. They include all means of production and means of consumption in society. That is, ownership can be established with any type of property, as long as the law does not prohibit civil circulation.
What rights do motorbike owners have under Vietnam law?
- Right of possession
Possession is understood as the subject holding and controlling the property directly or indirectly as the holder of the right to the property.
Possession includes two cases: possession of the owner and possession of a person who is not the owner. In the case of possession by a person who is not an owner, it cannot be a basis for establishing ownership rights over the property, unless the property under which ownership is established is derelict property or is Unidentified property owner. In case of ownership by the owner, the owner may perform all acts according to his/her will to hold and control his/her property.
Thus, the owner of a motorbike is the person who has the full right to own the motorbike, hold and control the property directly without having to rely on the will of other subjects. However, it should be noted that although the owner is the subject who has the full right to possess his or her property, such possession must not be against the law or against social ethics.
- Right to use
The right to use is understood as the right to exploit the utility of the property and enjoy the yields and profits from the property. The right to use property may be transferred to another person by agreement or by law.
The right to use property of an owner is the use of property according to his or her will but must not cause damage or affect the interests of the country, people or public interests, the legitimate rights and interests of the owner. law of others.
In case a person who is not the owner of the property may use the property as agreed with the owner or as prescribed by law in Article 194 of the Civil Code.
In addition, in some other cases prescribed by law, agencies or organizations also have the right to use an individual’s property on the basis of a document issued by a competent State agency. For example, agencies and organizations using requisitioned assets.
In this case, the motorbike owner will be free to use his or her vehicle in accordance with the law.
- The right to decide
According to the provisions of Article 192 of the 2015 Civil Code, the right of disposition is the right to transfer property ownership, relinquish the right to own, consume or destroy the property of the property owner.
Conditions for exercising the right to dispose: must be made by a person with civil act capacity and not contrary to the provisions of law.
The right to dispose of the property of the owner is understood as the owner has the right to sell, exchange, give, lend or inherit, give up the right to own, consume or destroy or exercise other forms of disposition. other awards in accordance with the provisions of law.
Property owners exercise the right to dispose of property in two aspects:
– Determination of the actual fate of the property
Dispose of the actual fate of the property or render it impractical, such as the disposal of the property, the annulment or relinquishment of title to the property. In determining the actual fate of the property, the owner only needs to directly affect the property by his actions.
– Determination of the legal fate of the property
The disposition of the legal destinies of property is the act of transferring ownership of the property from one person to another. Normally, the decision on the legal fate of the property must be through transactions in accordance with the will of the owner such as selling, exchanging, giving, lending, inheriting the property, etc. seize property that the owner can consume or transfer the right of temporary possession (in the depository contract); the right to possess and use the property for a period of time (in a lease or loan contract) or the owner transfers the right to own the property to another person by a contract of sale, exchange, for… under the law.
In determining the legal fate of the property, the owner must establish a civil legal relationship with another subject. For this form of disposition, the Civil Code stipulates: The person who disposes of property must be a person with civil act capacity. That is, the person must have full subject status. In cases where the assets are of little value (mostly movable assets), the exercise of the right to dispose of the property can be done by simple methods such as oral agreement, immediate transfer of assets, etc., but in these cases If the law provides for the order and procedures, then such regulations must be followed
About the form of ownership
The 2015 Civil Code recognizes three forms of ownership, including: ownership by the entire people; privately owned and jointly owned. As follows:
– Ownership of the whole people: in case land, water resources, mineral resources, resources in sea and airspace, other natural resources and properties invested and managed by the State are property Public property is under the ownership of the entire people and is uniformly managed and represented by the State. The State of the Socialist Republic of Vietnam is the representative to exercise the rights of the owner of property owned by the entire people, the Government uniformly manages and ensures its use for the right purposes, efficiently and economically. property under the ownership of the entire people according to the provisions of law.
– Private ownership is ownership of property by an individual or a legal entity; lawful private property with no restrictions on the amount or value of the property.
– Joint ownership is the ownership of property by many subjects for the property, common ownership includes joint ownership in parts and consolidated common ownership.
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Frequently asked questions
The time of establishing ownership rights and other property-related rights shall comply with the provisions of the Civil Code and other relevant laws. In cases where there is no provision by law, the agreement of the owners shall be complied with; In cases where the law does not provide and the parties do not agree, the time of establishing ownership rights and other rights to the property is the time when the property is transferred. The time when the obligee or their legal representative takes possession of the property is the time when the property is transferred.
If the property has not yet been transferred but yields and profits arise, the yields and profits shall belong to the party having the transferred property, unless otherwise agreed upon in accordance with law.
– Regarding the establishment of ownership rights according to the statute of limitations due to possession, property benefits without a legal basis according to Article 236 of the 2015 Civil Code.
The right to dispose of property belongs to the owner of the property. However, in many cases, the owner is not the owner but still has the right to dispose of the property.
Article 195 of the 2015 Civil Code has the following provisions:
Article 195. Disposal rights of non-owners
A person who is not a property owner has the right to dispose of the property only as authorized by the owner or as provided for by law.
Thus, when an entity is not the owner but has the right to dispose of the property when there are grounds:
At the discretion of the owner.
According to regulations of the Law.
Other cases in which the subject has the right of priority to purchase according to the provisions of law, such as: For example, Clause 3, Article 218 of the 2015 Civil Code provides:
In case a common owner sells part of his/her ownership rights, the other co-owners have the right of priority to buy.
Within 3 months for common property being immovable property, 01 month for common property being movable, from the date on which other common owners receive notice of the sale and sale conditions without any If a common owner buys it, that owner has the right to sell it to another person. The notice must be in writing and the terms of sale to other common owners must be the same as those of the sale to a non-common owner.
In case of selling a portion of the ownership right with a violation of the right of priority to purchase, within 3 months from the date of detecting the violation of the right of priority to purchase, the joint owner according to the part among the owners The common owner has the right to request the Court to transfer to him/her the rights and obligations of the buyer; The party at fault causing damage must compensate for the damage.
Conclusion: So the above is Rights of a motorcycle owner under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
