According to the civil law of Vietnam, ships belong to which group of assets?
According to civil law, property is mainly divided into movable or immovable property. Up to now, it is very difficult to distinguish property as real estate or movable property. So according to civil law, which group of assets does a ship belong to? To better understand this, today, LSX Lawfirm will give you an article about “According to the civil law of Vietnam, ships belong to which group of assets?”, as follows:
Legal grounds
- Civil Code 2015
What is property under civil law?
What is property?
Property plays an important role in the Civil Code, which is the central issue of all social relations in general and legal relations in particular. According to the provisions of Article 105 of the 2015 Civil Code:
“Property is objects, money, valuable papers and property rights; Assets include real estate and movables. Real estate and movables can be existing assets and future assets.”
Types of properties
Property means things, money, valuable papers and property rights
Object
Objects are part of the material world, exist objectively that people can perceive with their senses. With the meaning of legal category, an object only has the meaning of becoming the object of legal relations, that is, it is controlled by humans and meets a certain human need.
Not any 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. For example, oxygen in the form of air in nature cannot be considered an object, because it cannot be put into civil transactions.
Only when it is compressed into a jar, which means that people can hold and manage it, it can be put into civil exchanges and considered as objects. Thus, in order to become a thing in the civil society, the following conditions must be satisfied: being part of the physical world; human possession; bring benefits to the subject; may exist or will be formed in the future.
And
– Objects are classified into different groups. Based on the relationship, depending on the uses of objects together, objects are classified into: The main object is an independent object that can be exploited according to its features (TV, air conditioner, camera…); An auxiliary object is an object that directly serves to exploit the use of the main object, is a part of the main object but can be separated from the main thing (television control, air conditioner, camera case, …).
So Based on the determination of the use value of an object when it is divided into several small parts, the Civil Code divides objects into divisible and indivisible objects. Based on the characteristics and value of the property after use, it is divided into consumables and non-consumables. Based on the distinguishing signs of things, people classify objects into objects of the same type and specific objects. In addition, people are also divided into synchronous and asynchronous
*Money: According to Marx, money is a special commodity, separated from the world of goods, used to measure and express the value of all other goods. It directly represents social labor and shows production relations between commodity producers.
The “Civil Code 2015” and the Civil Code 2015 both stipulate that money is an asset, but there are no provisions to clarify the legal nature of money. only currency whose value is actually in circulation, i.e. recognized by law, is considered property.
In addition
Money is a versatile payment instrument, an asset accumulator, and a measure of value.Valuable papers: Valuable papers are understood as papers that are valuable in money and can be transferred in civil exchanges. Valuable papers now exist in many different forms such as checks, stocks, bills of exchange, promissory notes, promissory notes, bonds… In terms of form, valuable papers are a certificate made in the form of, statutory order.
Contents shown on valuable papers represent property rights, the price of valuable papers is the value of property rights and this right is protected by law. valuable papers are liquid and are negotiable instruments with the condition that the entire valuable paper is transferred once, the transfer of a part of valuable papers is void.
In addition, valuable papers have a term, a claimability, and a risk. There are also documents certifying ownership and use rights for assets such as certificates of land use rights, certificates of house ownership, motorcycle registration certificates, etc., which are not papers. valuable. These types of papers are only considered as an object owned by the person whose name is on the document
Property rights: As defined in Article 115 of the Civil Code 2015, property rights are rights valued in money, including property rights to objects of intellectual property rights, the right to use land and other property rights. A right is a subjective civil power of the subject and is recognized and protected by law.
Assets include real estate and movables
Article 107 of the 2015 Civil Code stipulates that real estate and movable property are as follows:
“1. Real estate includes:
a) Land;
b) Houses, construction works attached to land;
c) Other properties attached to land, houses and construction works;
d) Other property as prescribed by law.
Real estate is assets that are not real estate.”
According to civil law, which group of assets does a ship belong to?
Immovable property due to its natural characteristics is understood. As assets that cannot be moved or moved due to the natural nature of such property, such as land, houses. Buildings attached to land.. property that is not immovable and is movable. According to the provisions of Article 13 of the Vietnam Maritime Code 2015. A sea-going vessel is a specialized mobile floating vehicle operating at sea. Ships are means of transport belonging to movable property, which are specialized means of transport of goods, parcels, or small to large goods in water transport.
With regard to property being real estate, Article 106 of the 2015 Civil Code stipulates that properties subject to registration include ownership rights and other rights to real estate assets.
In addition, according to the above regulations, properties that are movable are not required to be registered. But there are some special movables that are regulated separately and are required to be registered in accordance with the law. Registering ships according to the provisions of Decree 161/2013/ND-CP.
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Related questions
Minerals are considered real estate as long as they are unexploited and still in the ground. If the mineral remains unexploited but is the subject of a contract of sale, does this prior sale make the mineral, movable, even if it is still on the land? The laws of all countries assume that these assets, in the above case, have become movable.
Houses and buildings on land are also considered a form of real estate due to their natural characteristics if they are built attached to the land by a tight structure, not simply placed on the land. Therefore, a circus tent or a makeshift market shack is not considered real property.
Crops on the land are also considered real property as long as they are not exploited, cut down, or gathered. If they are separated from the land, they become movable property. Assuming that trees and crops have not yet been exploited but are already the subject of a pre-sale contract, will this prior sale and purchase make the minerals, crops and crops movable or not, whether Is it still on the ground? The laws of all countries assume that these assets, in the above case, have become movable
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