Due to the historical situation, war conditions, conditions in issuing and implementating of the laws, some marital relations having no marriage registration but are considered as lawful relations. Therefore, Judges must pay attention to provisions on laws of marriage and family when resolving inheritance cases.
Main tasks and practical skills:
- Marriages without marriage registration but not violating other conditions for marriage (provided in Resolution No. 35/2000 NQ-QH10).
- Marital relations established before Jan 03rd 1987: irrespective of when the commencement of inheritance, the wife (or husband) who is still alive has a/the right to inherit (point a, item 1, part II Resolution 01/2003 NQ-HDTP).
- Marital relations established from Jan 03rd 1987 to before Jan 01st 2001 and inheritance of each party commencing before Jan 01st 2003, the wife (or husband) who is still alive has a/the right to inherit (point b, item 1, part II, Resolution No. 01/2003 NQ-HDTP).
- In marital relations established from Jan 03rd 1987 to before Jan 01st 2001 and inheritance of each party commencing after Jan 01st 2003, parties are only entitled to inherit if their name is in the list of registration made by a/the competent State authority before Jan 01st 2003 (Official Letter No. 77/2003/HDTP dated June 27th 2003 of SPCJC).
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