In reality, agreements between spouses on joint property are not always in writing. In fact, it’s just the opposite – it is more commonly observed that one party (spouse) liquidates the joint property without explicit consent of the other party (spouse) – However, there are instances in which the other party does have knowledge of the transaction but object or exhibit behavior that could be interpreted as consent toward the transaction of the joint property.
Precedent No. 04/2016/AL is considered a major Precedent in Vietnam, due to the prominence of disputes over joint property between parties to a marriage, and in this particular case, the concerned property is land use rights
Commentary on Precedent No. 04/2016/AL on Contract Disputes pertaining to the Transfer of Land Use Rights
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