During the resolution of a civil case, the death of a litigant (whether the plaintiff, defendant, or a party with related rights and obligations) can occur due to various reasons. This event brings about significant legal consequences, affecting the procedural progress and the rights of the involved parties. In this article, TNTP will provide a detailed analysis of the legal consequences when a litigant passes away during the resolution of a civil case.
1. Definition of a litigant in a civil case
• According to Article 68 of the Code of Civil Procedure 2015, a litigant in a civil case includes organizations, agencies, or individuals who participate in the legal process, including:
– Plaintiff: The person initiating the lawsuit, seeking the court’s protection of their legal rights and interests.
– Defendant: The person against whom the lawsuit is filed, who seeks resolution of the dispute.
– Person with related rights and obligations: A person who participates in the legal process to protect their interests related to the case.
2. Determining whether the rights and obligations of the deceased litigant can be transferred
• When a litigant passes away, it is necessary to determine whether their rights and obligations can be transferred to their heirs. According to Clause 1, Article 74 of the Code of Civil Procedure 2015, when a litigant passes away and their property rights and obligations are inherited, the heirs will participate in the proceedings.
• However, for rights and obligations that are personal and not related to property (e.g., requests for divorce, child custody disputes, declarations of loss of civil capacity), under Clause 1, Article 25 of the Civil Code, such rights and obligations cannot be transferred.
3. Legal consequences when a litigant passes away during the resolution of a civil case
a. Temporary Suspension of civil case resolution when a litigant passes away during the case
• According to Point a, Clause 1, Article 214 of the Civil Procedure Code 2015, the court will issue a decision to temporarily suspend the case if a litigant passes away and the heir have not yet been determined or cannot immediately participate in the proceedings. The suspension aims to protecting the heir’s rights and providing them with the opportunity to participate in the process.
• Once the reason for the suspension no longer exists, the court is obligated to decide to continue the case within 03 working days. This decision will be sent to the parties, relevant organizations, and individuals involved, as well as to the People’s Procuracy at the same level to ensure that the legal process proceeds in accordance with the law.
b. Adding the heir to the litigation process when a litigant passes away during the resolution of a civil case
• When a litigant passes away, their rights and obligations in the case will be transferred to their heirs according to inheritance laws. The heir’s right to inherit can be established by a will or according to statutory law. If the deceased did not leave a will, the heirs will be determined according to Article 615 of the Civil Code 2015.
• The heirs have the right to participate in the proceedings to continue protecting the deceased litigant’s interests. The court will notify and guide the heirs to join the proceedings. Additionally, the heirs may proactively request the court to add them to the proceeding to ensure that the case is resolved in accordance with the law.
It is important to note that the transfer of rights comes with corresponding obligations. Thus, the heirs are responsible for fulfilling the deceased litigant’s financial obligations according to the scope of the inherited estate, unless there is an agreement to the contrary. If the defendant has passed away, any obligation to compensate or settle debts (if any) will be carried out by the heir within the scope of the inherited property.
c. Termination of the Case
• In cases where the litigant passes away but has no heirs, or if their rights and obligations cannot be transferred, the court will issue a decision to terminate the case under the provisions of Article 217 of the Code of Civil Procedure 2015.
• The termination of the case in such instances ensures fairness and aligns with the principle of inheritance of procedural rights and obligations in civil procedure.
4. Some legal approaches by the court when a litigant passes away during the resolution of a civil case
• In case the deceased litigant was an individual and their rights and obligations regarding assets are inheritable, their heirs shall participate in the litigation.
• In case a litigant who is an individual has passed away, or an entity has been merged, consolidated, divided, separated, or dissolved without a successor to its litigation rights and obligations, the court shall issue a decision to temporarily suspend the resolution of the civil case.
• In case the plaintiff or defendant is an individual who has passed away and whose rights and obligations are not inheritable, the court shall issue a decision to terminate the resolution of the civil case.
• In case a non-legal entity participating in a civil relationship has its representative in the proceedings pass away, the entity must appoint another representative to continue the proceedings. If no representative is appointed or the entity ceases operations or is dissolved, its members shall participate in the proceedings.
5. Broader discussion on specific cases
• In some instances, even though the litigant has passed away, the resolution of the case may still encounter obstacles due to the inheritance not being divided or the heirs refusing to accept the inheritance to avoid financial obligations.
• If the inheritance has not been divided, the court may have to temporarily suspend the case until a clear decision on the inheritance rights is made. This process can delay the resolution of disputes, especially in cases involving multiple assets or where there is a conflict between heirs over the inheritance rights. In such situations, the court may require the inheritance division process to be completed before continuing the resolution of the civil case to ensure the rights of the involved parties are protected.
• Furthermore, if the heir refuses to accept the inheritance to avoid fulfilling the deceased’s financial obligations, the court may consider measures to protect the interests of creditors or other involved parties. According to Article 620 of the Civil Code, heirs are not allowed to refuse to accept an inheritance with the intent of evading the performance of financial obligations owed to others.
The passing of a litigant during the resolution of a civil case brings about many complex legal consequences, requiring the court and involved parties to strictly adhere to legal regulations. The handling process includes case suspension, identification of heirs, and decisions on whether to continue or terminate the proceedings to ensure the legitimate rights and interests of the parties involved.
The above article by TNTP discusses the topic “Legal consequences when a litigant passes away during the resolution of a civil case”. We hope this article is helpful to our readers.
Sincerely,
