PGS.TS Đỗ Văn Đại-Án lệ 24/2018-Thỏa thuận và hệ quả của chia di sản thừa kế

1. Case Law No. 24 resolves two legal issues: recognizing agreements (oral and behavioral) regarding the division of inheritance (the agreement exists and has legal validity) and indicating the consequences of recognizing the inheritance division agreement (instead of applying the regulations on claiming inheritance, the regulations on claiming separate property are applied, such as not applying the statute of limitations for claiming inheritance). The approach to resolving both issues in Case Law No. 24 is considered convincing. 2. Case Law No. 24 can be similarly applied to inheritance division agreements established during the period when the Inheritance Ordinance was in effect (i.e., before July 1, 1996), and to inheritance division agreements when the inheritance is not houses or land, such as agreements on the division of movable property. This case law can also be similarly applied to inheritance division agreements disposed of by will among multiple people. 3. Case Law No. 24 leaves open the issue of handling agreements on the division of inheritance (oral and behavioral) established at the time the Civil Code was in effect, but we should follow a similar approach in Case Law No. 24 (i.e., recognizing and acknowledging the consequences of the inheritance division agreement). Case Law No. 24 also leaves open the case where one or more heirs do not participate in the inheritance division agreement, but for the part of those who did participate, Case Law No. 24 should be applied similarly. #DoVanDai# #caselaw# #Inheritance# #DivisionAgreement# #OwnershipRights# #RealEstate# #ClaimingInheritance# #Cancellation#