Workshop on giving comments on the draft of the amended civil code – the part on real right

07/01/2013
On the 27th December, 2012, in Nha Trang City, Ministry of Justice and Japanese International Co-operation Agency (JICA project) hosted “Workshop on giving comments on the draft of the amended civil code – the part on real right.

There were nearly 40 delegates coming from Faculty of Law - Hue University, Association of Lawyers of Thua Thien Hue Province, Faculty of Civil Code – Ho Chi Minh City University of Law, Khanh Hoa Provincial Justice Department and Association of Lawyers. Mr. Duong Dang Hue – Director of Civil and Economic Department (Ministry of Justice) and Mr. Takeshi Nishoka, Chief Consultant of JICA project co-chaired the workshop.

Participants agreed that the existence of real right in lives is natural. But it is very difficult to distinguish between real right and right on properties in Civil Code even in countries having long and advanced legal backgrounds such as Germany, Japan etc. In Vietnam, for the past years, though social economy has developed quickly, civil regulations have not kept up with it. Therefore, our real lives require amendment of regulations of properties and property ownership in the current Civil Code so that they are suitable with the development of the country.

However, some delegates wondered if it was necessary to define the concept of properties, real right in Civil Code. They also gave opinions on problems relating to legal value of real estate registration, regulations on ways of ownership in Civil Code, especially land ownership, role of notarization in contracts of real estate transfer, ways of real right, ownership and other rights in civil relation, the relation between real right regulation in Civil Code and other specific Laws, etc.

Also, the delegates heard legal specialists of JICA project introducing basic regulations on properties and property ownership in Japanese Civil Code. Besides, the legal specialists of JICA project and the delegates frankly exchanged their experiences in executing regulations on ownership and they also discussed to give suggestion on amending regulations on ownership in the Civil Code.