This Dispatch mentions responses of the Supreme People's Court in relation to some problems when dealing with criminal and civil cases, including:
1. Regarding criminal cases and criminal procedures
- Can the criminal of a gangster-like nature in a criminal case involving an accomplice be given a suspended sentence when they are tried?
- Whether the extenuating circumstance may be applied or not in a case where a defendant committed a crime when he was under 70 years old but at the time of trial the defendant is over 70 years old?
2. Regarding civil cases and civil procedures
- Is a mortgage transaction at a bank null and void if the transaction of house and land transfer is null and void due to the forgery of the signature?
- The transaction of house and land transfer is null and void but the transferee has been granted a certificate of house ownership and land use rights and has put up the house and land as collateral for a bank, is the mortgage transaction null and void?
- How long is prescriptive period for initiating a lawsuit to request the Court to settle the credit contract dispute?
Accordingly, in case a contract of land sale and purchase is null and void due to the forgery of the signature of the co-owner, the mortgage transaction between the buyer and the bank is concurrently null and void.
In principle the prescriptive period for initiating a lawsuit to request the Court to settle the credit contract dispute is 3 years. However, according to clause 2 Article 155 of 2015 Civil Code, a bank can initiate a lawsuit to claim the principal debt without dependence on the aforesaid 3 – year prescriptive period.
|Published||Vietlaw's Newsletter No. 524|