Entities with different civil legal capacities have different civil rights. When entering into a legal relationship, the entities have the right to perform certain acts by themselves, the right to request the obligor to perform the obligation, and the right to request the competent state agency to protect their legitimate rights and interests when their rights are infringed. What grounds are civil rights established? This article will analyze 09 bases for establishing civil rights under Article 8 Civil Code 2015.
1. Contract
Civil rights are established through a contract, expressed in specific terms in the contract, and guaranteed by the reciprocal obligations of the other party. When there is an event that one party performs an obligation, the other party will be entitled to establish rights and vice versa. For example, for a sale and purchase contract, when the buyer has fully paid the seller, the buyer has the right to receive the property and has the right to own the property in the quantity and quality agreed by the two parties.
2. Unilateral legal act
A unilateral legal act is an activity expressing the will of one party to arise, change or terminate civil rights and obligations without depending on the will of the other party. The person who has a unilateral legal action must be a person with certain rights, and this person performs the act to give others his or her rights. A unilateral legal act is a basis for establishing civil rights in the relationship of promising rewards (Article 570 Civil Code 2015), prize competitions (Article 573 Civil Code 2015), and wills (Article 624 Civil Code 2015). However, unilateral legal act only gives rise to civil rights when the expressed will is not contrary to law and social ethics.
3. Decision of court or other competent state agency as prescribed
This is a fairly typical basis for establishing civil rights because decisions of the court and other competent agencies are the results of the dispute settlement process, litigant requests, etc., which are mandatory with the parties and guaranteed by the Socialist Republic of Vietnam.
For example, the court issues a judgment, which forces A to pay B 500 million dong, the judgment is the basis for establishing B’s ownership of 500 million dong that A must pay. In case A does not voluntarily pay, B has the right to request the civil judgment enforcement agency to execute the judgment.
4. Outcomes of labor, production, and business; or creation of entities of intellectual property rights
The basis established above is mainly to establish the owner’s own rights to the property he or she has made, that is, the rights recognized by law on possession, use, and disposition. This is the basis for establishing typical civil rights and is less likely to be disputed (except for intellectual property rights).
5. Possession of property
Possession of property means that the entity holds and controls the property directly or indirectly as the holder of the right to the property. Civil rights are established only in the case of legal possession. For possession without legal grounds or illegal, the possessor must perform obligations instead of having rights. Normally, the person possessing a property with a legal basis will enjoy the rights from the property, such as the right to use and exploit it to produce yields and profits.
6. Illegal use of assets or illegal gain therefrom
In Article 236 of the Civil Code 2015, the possessor or beneficiary of the property who has no legal basis but is honest, continuous, and public for a period of 10 years for movable property, and 30 years for immovable property, shall become the owner of that property from the time of commencement of possession unless otherwise provided for by law. Therefore, if the entity meets the above conditions, the use and the benefit of property without a legal basis is also considered a case of establishing civil rights.
7. Damage caused by an illegal act
When the entity commits an illegal act that infringes upon the life, health, honor, dignity, reputation, and property of another person, the damage-causing entity is obliged to compensate for the damage he/she has caused to the aggrieved party. However, to claim compensation, the aggrieved party is obliged to prove the breach of the other party and the damage. Currently, the aggrieved party has the right to receive compensation and establish ownership of the indemnified property from the damage-causing party.
8. Performance of acts without authorization
According to Article 574 of the Civil Code 2015, the performance of acts without authorization means the voluntary performance of acts by a person being under no obligation to perform the act, solely for the benefit of a beneficiary, without the knowledge of the beneficiary, or with its knowledge but without the beneficiary raising any objection. Therefore, the person performing the work is paid the reasonable costs that he has spent to perform the work.
9. Other bases specified by law
The law proposes and expands the provisions in Clause 9: “Other bases prescribed by law” to ensure a complete listing of grounds for establishing civil rights.
Above is the article “Bases for establishment of civil rights under the Civil Code 2015”. We hope this article was useful to you.
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