Thursday, April 23, 2015

Of these, 10 focused on the following key issues: 1. the responsibility of the competent authoritie


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There are 10 key contents to consult the people to protect the bona fide third party in a civil case deals disabled, ownership type, time of establishing ownership interest in the loan contract Products ...
In late 2014, the National Assembly Standing Committee (NASC) has issued Resolution No. 857 on getting people's opinions on the draft Civil Code (CC) amended. In early 2015, the Prime Minister issued Decision No. 01 directing the people's used for spying phone opinion on the draft of this law. On this basis, many provinces have issued used for spying phone detailed plans and today (5-3), Ho Chi Minh City People's Committee held a workshop on implementation consultation on draft in HCMC.
Ms. Phan Thi Binh Thuan, deputy director of HCMC Department of Justice, said: In Vietnam, the organization of people's opinions on the draft Civil Code amendments used for spying phone starting 3-2 days (days MPC .HCM through Decision No. 473 issued Planning organize used for spying phone people's opinions on the draft amendment of the Civil Code) and ending on June 5-4.
. Reporter: CC has repeatedly been considered for amendment, supplement and up to now has been issued two CC (1995, 2005). Why is this NASC organization adopted used for spying phone a resolution to consult the people to amend the Civil Code, ma'am?
Ms. Phan Thi Binh Thuan +: Project Act CC is large, complex, used for spying phone broad scope, affecting all aspects of social life, the life of people, as a general rule, law background to other laws in the legal system to adjust the relations formed on the basis of equality, autonomy, used for spying phone independent property and self-responsibility.
Draft Civil Code stipulates a new problem, breakthrough, whose role is important in order to institutionalize the Party's resolutions, used for spying phone in particular the Constitution of 2013 in the recognition, respect, protection and of human rights, civil rights in the field of civil, implement judicial reform strategy; construction and completion of civil law, economics, focusing on perfecting Socialist-oriented market economy and international used for spying phone integration.
Because of these characteristics, the organization of people's opinions on the draft amendment of the Civil Code is essential in order to promote ownership, intellectual mobilization of the people in the formulation of law, while guarantees the right of citizens to participate in the management of state and society.
First, build the CC actually become common law, the law of the legal system platform adjusts social relations are formed on the principle of free, voluntary, equality and self-responsibility between parties Date;
Second, recognition and better protect the rights of individuals and legal persons in civil exchanges; contribute perfecting Socialist-oriented market economy, a stable regulatory environment used for spying phone for economic development and social used for spying phone after the Constitution was promulgated in 2013.
+ According to the Government's plan, the comment was made to the entire draft amendment of the Civil Code. Include: General Provisions; ownership and other rights in the material; and contractual obligations; inheritance; the law applicable to civil relations with foreign elements; terms of enforcement; Technical presentation of the provisions of the Civil Code.
Of these, 10 focused on the following key issues: 1. the responsibility of the competent authorities in the protection of civil rights; 2. moral rights; 3. On the subject of civil legal relations; 4. Regarding the legal consequences of civil transactions do not comply used for spying phone with the form; 5. Regarding the protection of bona fide third person in case of civil transactions disabled; 6. In the form of ownership; 7. In time of establishment of property rights and other authority figures; 8. contract modification as circumstances change; 9. interest in the loan contract; 10. Regarding the statute.
. In fact this term shows the key contents above are important issues, affecting all aspects of social life, the lives of people. CC Drafting Committee revised offer suggestions for people to comment?
+ The content above is the focus of the problem is still there, different views should therefore focus for comments. For example, the personal rights, the current provisions of the Civil Code 26 personal rights (from Article 26 to Article 51). Draft Civil Code further provides for specific personal rights (from Article 31 to Article 50), amending some articles for compliance with the Constitution as the right to ensure the safety of private life, privacy (instead of the right to privacy) ... as well as some additional new rights such as the right of association, the right to access to information, the right to life ... In addition, Article 51 of the draft laws to regulate the personal rights of others the people used for spying phone are recognized, respected, protected and secured by the Constitution and laws.
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