Ownership rights and other rights over property are civil rights recognized, guaranteed and respected by law. Accordingly, owners and persons having other rights over property have the right to protect and prevent others from infringing upon their rights by measures not contrary to the law. That is the right to protect ownership rights and other rights over property. In this article, TNTP will analyze the legal provisions on the right to protect ownership rights and other rights over property according to the Civil Code 2015.
1. General provisions on the protection of civil rights
Civil rights are rights recognized and protected by law. Article 2 of the Civil Code 2015 affirms that civil rights may only be limited in accordance with the provisions of the law in case of necessity for (1) reasons of national defense, national security, (2) social order and safety, (3) social morality and (4) community well-being. Accordingly, it can be seen that, in principle, civil rights are prioritized by law only after national, ethnic and social interests.
Regarding the measures to protect civil rights, the Civil Code 2015 also stipulates 02 groups of measures for organizations and individuals to protect their civil rights as follows:
(1) Self-protection
Self-protection is a measure of protecting civil rights that is often prioritized because of its quickness, initiative and cost-effectiveness. In principle, the self-protection of civil rights must correspond to the characteristics and level of infringement upon such rights and must not be contrary to the fundamental principles of civil law.
Thus, the Civil Code 2015 does not specify measures for organizations and individuals to protect civil rights but prescribes the principles of self-protection of civil rights. Accordingly, organizations and individuals may use measures suitable to cases of infringement of rights and in accordance with the above principles.
(2) Protection of civil rights through competent agencies
In case the use of self-protection measures is ineffective, organizations and individuals may request competent agencies and organizations to protect their civil rights against acts of infringement.
According to Article 11 of the Civil Code 2015, organizations and individuals may request competent agencies and organizations to:
• Recognize, respect, protect and guarantee their civil rights.
• Order the infringing party to terminate the infringing acts.
• Order the infringing party to public apologies and corrections.
• Order performance of obligations.
• Order compensation for damages.
• Cancel an illegal specific decision of a competent agency, organization and individual.
• Other requests as prescribed by law.
Specifically, organizations and individuals may choose competent agencies to request the protection of their civil rights as follows:
• At the Court or arbitration: In case civil rights are infringed or in dispute, organizations and individuals shall file a lawsuit at the Court or Arbitration.
• At competent administrative agencies: In addition, organizations and individuals may request state administrative agencies (such as People’s Committees of communes, districts and provinces) to settle disputes or request protection of rights and interests.
• Presenting opinions and recommendations: Individuals and organizations can also send opinions and recommendations to relevant functional agencies (such as inspection agencies) to request the protection of legitimate rights and interests.
2. Regulations on the protection of ownership rights and other rights over property
Ownership rights are the rights of the owner of the property to possess, use and dispose of the property. Other rights over property are the rights of the subject who directly holds and controls the property under the ownership of another subject.
Regarding measures to protect ownership rights and other rights over property: Owners and persons having other rights over property have the following rights:
• The right to self-protect and prevent others from infringing upon their rights by appropriate measures but not contrary to the provisions of law.
• The right to request the Court or other competent state agencies to force persons who commit acts of infringing upon their rights to return their property, stop acts of illegally obstructing the performance of ownership rights and other rights over property and compensate for damage.
Accordingly, owners and persons having other rights over property have the following specific rights:
(1) The right to reclaim property
Cases in which owners and persons having other rights over property have the right to reclaim the property include:
• Owners and persons having other rights over property have the right to reclaim property from the persons possessing, using, or benefiting from the property without a legal basis.
• Particularly, for cases of reclaiming the property from bona fide possessors, owners and persons having other rights over property only have the right to reclaim property in the following cases:
– In case of reclaiming movable property without registration of ownership: The owner only has the right to reclaim movable property that is not subject to registration of ownership from the bona fide possessors in the following 02 cases: (1) In case bona fide possessors have acquired such property through a contract without compensation with the person who does not have the right to dispose of the property; and (2) In case the contract entered into is a contract with compensation, the owner has the right to reclaim the movable property if such property has been stolen, lost, or otherwise possessed against the owner’s will.
– In case of reclaiming movable property subject to ownership rights registration or immovable property: The owner may reclaim such property from bona fide possessors, except for the case prescribed in Clause 2, Article 133 of the Civil Code 2015.
(2) The right to request the termination of acts of illegal obstruction of the exercise of ownership rights and other rights over property
Pursuant to Article 169 of the Civil Code 2015, when exercising ownership rights and other rights over property, the subject has the right to request the person who commits the act of illegal obstruction to stop such act or has the right to request the Court or other competent state agencies to force that person to stop the violation acts.
(3) Right to claim damages
The right to claim compensation for damage of the owner and persons having other rights over property is prescribed in Article 170 of the Civil Code 2015. Specifically, owners and persons having other rights over property have the right to request persons who commit acts of infringing on ownership rights and other rights over property to compensate for damages if their infringing act is the cause of the damage.
Above is the content of the article “The right to protect of ownership rights and other rights over property” that TNTP sends to readers. We hope the article is useful to readers.
Best regards,
