As we all know, one of the principles of civil law is the freedom to establish related civil rights and obligations according to the provisions of law and not contrary to social ethics, the civil law and the recognition of ownership and the will of the owners to the property owned by them. When the owner wants to give up the ownership, how is the law regulated? So about the matter “What is renunciation of ownership under Vietnam law?” Let’s find out with LSX in the article below.
Legal ground:
- Civil Code 2015
What is renunciation of ownership under Vietnam law?
According to the provisions of law, ownership rights include rights such as the right to possess, use and dispose of the property of the owner in Article 158 of the 2015 Civil Code. In particular, each right has a distinct characteristic of ownership:
– Right of possession: expressing the will of the owner to hold and control his property.
– Right to use: the right to exploit the utility, to enjoy the benefits and profits from the property.
– Right of disposition: is the right to transfer ownership of property; relinquish ownership; consumption or destruction of property.
Thus, from the above provisions, we can conclude that giving up ownership is a content that belongs to the right to dispose of the owner’s property. This is one of the grounds for termination of ownership according to the law.
According to what we have analyzed above, it can be concluded that the renunciation of ownership rights is that the owner renounces his rights related to the property, namely giving up the right to possess, use and dispose of such property in specific cases in fact and exercise with different forms which may be public declaration or exercise by specific acts with the property that the owner decides to give up ownership.
Example 1: Mr. A wants to give up ownership of a motorbike with a registered license, you can proceed to notify the relinquishment of ownership of that vehicle to the competent authority (Mr. A’s motorcycle registration file). Thereby, the competent authority shall carry out procedures for relinquishing ownership of the motorcycle that Mr. A wants to give up.
Example 2: For cases like an individual who wants to give up ownership of an animal that is being kept in captivity in accordance with the law at your facility, that individual must comply with regulations of legislation regarding the transfer of animals to a new place of captivity. They will not allow it to be released into the street or released into a special-use forest without permission because it will harm order, safety, society and if it is not of indigenous origin, it will affect the environment, ecological environment of other animals in the forest. If the renunciation of property rights causes damage to the environment, they must compensate for the damage according to the provisions of law.
Is it okay to renunciate ownership of property?
Pursuant to the provisions of Article 239 of the 2015 Criminal Code, specifically:
“The owner may terminate his/her own right to his/her property by making a public declaration or performing an act demonstrating his/her relinquishment of the right to possess, use and dispose of such property.
With regard to property, the abandonment of which may cause harm to social order and safety or environmental pollution, the renunciation of ownership rights must comply with the provisions of law.
Accordingly, we can see that the law has detailed provisions on relinquishment of property rights and based on the above provision, we see that the renunciation of property rights can be done in less than two years. The specific form is as follows:
The first form we give is that the owner of the property publicly declares the relinquishment of a specific property right in this case, it is understood that the owner publicly declares to everyone that he has relinquish ownership of a property to which he or she is entitled.
In addition, that form is when the owner performs an act to prove his renunciation of the right to possess, use and dispose of that property. This is understood as the fact that the owner can perform a specific act to prove to everyone that he has given up ownership of the property under his/her ownership, specifically through acts such as: jettison; donate… property owned by a particular individual.
When renouncing ownership of the owner’s property, the ownership of the property is not absolute because if the property is abandoned, it may cause harm to social order and safety; environmental pollution, the relinquishment of ownership rights must comply with current law provisions.
Is renunciating ownership the same as ending ownership?
Property rights include the right to possess, use and dispose of property of the owner in accordance with the law. Termination of ownership rights to a property is the termination of the above rights over the holder of ownership rights to the property. That is done by the will of the owner or by circumstances provided for by law.
The premises as prescribed in article 237. Grounds for termination of ownership rights according to the 2015 civil law are:
“Ownership terminates in the following cases:
1. Owner transfers his/her ownership rights to another person.
2. The owner waives his title.
3. Property has been consumed or destroyed.
4. Property is handled to perform the owner’s obligations.
5. Property being forcibly purchased.
6. Property confiscated.
7. Property for which ownership rights have been established for other people in accordance with this Code.
8. Other cases prescribed by law.” Accordingly, we can easily see that one of the grounds for terminating ownership of the property is that the Owner renounces his ownership, whereby the owner can publicly announce or by his conduct to show his will that he has given up title to this property. There are many ways to give up title, and when they do, title to the property ends when the owner announces the relinquishment. However, if the property is in a situation where its abandonment may cause harm to social order and safety, or environmental pollution, it must comply with the provisions of law and be subject to other forms of handling according to provisions of the law.
Conclusion: Owner renounces his/her ownership rights from the above analysis, we conclude this content that, Owner’s renunciation of his/her ownership right is the basis to establish the termination of rights. ownership of the property. and that property must be legal in accordance with regulations.
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Please see more
- Restrictions on protection of ownership rights under Vietnam Law
- Regulations on creation of ownership rights under Vietnam Law
- What are the forms of ownership in Vietnam?
Frequently asked questions
When an owner’s property is confiscated or added to the state fund due to a crime or administrative violation, the ownership right to such property shall terminate from the time of judgment or decision of a court or agency. other competent state has legal effect.
+ Ownership of a property terminates when such property is handled to perform the owner’s obligations under a decision of a court or other competent state agency, unless otherwise provided for by law. other.
+ The handling of property to fulfill the owner’s obligations does not apply to property not subject to distraint as prescribed by law.
+ Ownership of the property that is handled to perform the owner’s obligations terminates at the time when the ownership rights of the recipient of that property arise.
+ The handling of land use rights shall comply with the provisions of the law on land.
These cases are specified in Articles 238 and 239 of the Civil Code 2015
– Owner transfers his/her ownership rights to others
When the owner transfers his/her ownership right to another person through a contract of sale, exchange, gift, loan or other contract of ownership transfer as prescribed by law or through inheritance then the ownership right to the property of that person terminates from the time when the ownership rights of the transferee arise.
Relinquish ownership
– The owner may terminate his/her own right to his/her property by making a public declaration or performing an act demonstrating his/her relinquishment of the right to possess, use and dispose of such property. Thus, this is one of the grounds that the owner himself terminates the ownership of his property.
With regard to property whose abandonment may cause harm to social order and safety or environmental pollution, the renunciation of ownership rights must comply with the provisions of law.
Conclusion: So the above is What is renunciation of ownership 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
