Property ownership disputes are common and can cause many consequences if not resolved properly. We, A.D.V.N Law Office, provide legal consulting services to effectively resolve disputes over ownership and other rights to property.
Civil disputes are disputes arising between subjects participating in civil legal relationships regarding rights and obligations related to property and personal identity protected by law. Common types of civil disputes include disputes over property ownership, contracts, compensation for damages, and divorce. Dispute resolution methods may include negotiation, mediation, or lawsuits.
According to Article 105 of the 2016 Civil Code, property includes objects, money, valuable papers, and property rights. Property can be tangible or intangible, movable or immovable, and can be used in civil transactions. The concept of property includes both existing objects and future assets, such as yields and profits.
According to Article 158 of the 2015 Civil Code, ownership rights include the right to possess, the right to use, and the right to dispose of property.
- Possession Rights: The owner has the right to hold, manage, and control his/her property, including bona fide possession and non-bodily possession (Article 186 of the 2015 Civil Code).
- Right to Use: The owner has the right to exploit the utility, enjoy the benefits and profits from the property and can transfer the right to use it to others (Article 189 of the 2015 Civil Code).
- Right to Dispose: The owner has the right to decide the fate of the property, including transferring ownership, consuming, or destroying the property (Article 192 of the 2015 Civil Code).
Other rights to property include rights to adjacent real estate, usufruct rights, and surface rights.
Disputes over property ownership may involve the right to possess, use, dispose of the property or claim compensation for damages. These disputes are under the jurisdiction of the Court. The law protects the legitimate ownership rights of individuals and organizations, and owners have the right to request protection of their rights before the law (Articles 161 and 163 of the 2015 Civil Code).
To proceed with resolving disputes over property ownership, the parties need to prepare the following documents:
1. Identity Documents:
- Identity cards or passports of the parties involved.
- Certificates of property ownership or documents proving property ownership.
2. Documents Related to the Dispute:
- Contracts or documents related to property ownership (if any).
- Evidence of possession, use or disposal of property.
3. Documents Requested for Dispute Resolution:
- Petition or request for dispute resolution.
- Minutes of negotiation and conciliation (if any).
- Documents proving that the dispute has been negotiated or mediated unsuccessfully by the parties.
4. Other Legal Documents:
- Decisions or notices of state agencies related to the property (if any).
- Other documents proving the rights and obligations of the parties in the dispute.
7. Dispute Resolution Process
1. Receiving and Evaluating the File: Reviewing and analyzing documents related to the dispute.
2. Consulting and Proposing Solutions: Proposing solutions to resolve the dispute, including negotiation, mediation, or filing a lawsuit.
3. Implementing the Solution: Taking the necessary steps to resolve the dispute according to the chosen solution.
4. Trial and Monitoring: Representing the client in Court and monitoring the implementation of the judgment.
If you need assistance in resolving property ownership disputes, please contact A.D.V.N Law Office for professional advice and support.
A.D.V.N LAW OFFICE
- Address: F2&F3, No. 2 Phung Khac Khoan, Da Kao Ward, District 1, Ho Chi Minh City
- Phone: 0903.693.301 – 0909.393.329
- Email: vanphongluatsuadvn@gmail.com; advnlaw@gmail.com
We are committed to accompanying you to protect your legal rights and resolve disputes most effectively.
