Individuals are common subjects participating in civil legal relations. When considering the status of an individual’s subject, the necessary and sufficient condition is that the individual must have sufficient subject capacity in accordance with the legal relationship in which he or she participates. At different levels of subject capacity, individuals participate in legal relations with different capacities, and at the same time, the direction of rights and performance of obligations prescribed by law is also different. Therefore, all civil transactions as well as asset management of individuals who have lost their civil act capacity are neither invalidated nor established. Accordingly, the Civil Law sets out specific regulations to protect the rights and interests of people who have lost their civil act capacity, and create living conditions for people who have lost their civil act capacity to have a stable life.
Establishment of a person who has lost the capacity for civil acts
Pursuant to Article 22 sheaf t D grace of 2015, as a result of mental disease or other diseases which can not be perceived, mastered the act, at the request of the authorities, relevant interests or of a concerned agency or organization, the court shall issue a decision declaring this person to be incapacitated for civil acts on the basis of the conclusion of forensic psychiatric examination. Thus, identifying a person to be considered a loss of capacity for civil acts must baits o the following conditions:
First, the person has a mental illness or other illnesses that make that person lose the ability to perceive and control his or her behavior.
Second, at the request of a person with related rights and interests or a concerned agency or organization, the Court shall issue a decision declaring that this person has lost the legal capacity. This request is resolved according to the procedure for resolving civil matters specified in the Code of Civil Procedure. In principle, the Court considers and settles civil matters on the basis of the litigants’ petitions.
Third, there is a conclusion of a forensic mental health organization that the person requested to declare has lost the legal capacity. Upon request, the Court will coordinate with the medical agency in conducting forensic psychiatric assessment and the Court’s decision when declaring a person to have the legal capacity must be based on the results of such assessment.
Guardian of a legally incapacitated person
When individuals have been declared incapacitated by the Court, they cannot participate in civil transactions by themselves, the transactions must be performed by a legal guardian. Pursuant to Article 53 of the 2015 Civil Code, a guardian is automatically determined to include:
Firstly, the guardian is the spouse in case the husband/wife is the legally incapacitated person.
Second, in cases where both parents have lost their legal capacity or one person has lost the legal capacity and the other is not fully qualified to act as a guardian, the eldest child shall be the guardian; if the eldest child is not eligible to act as a guardian, the next child who is eligible to act as a guardian is the guardian.
Third, in case an adult has lost his/her legal capacity not having a spouse or children or having a spouse or child who is not fully qualified to act as a guardian, the father or mother of that person is the guardian.
In addition to the natural guardian, the commune-level People’s Committee or The Court shall appoint an individual or legal entity to be the guardian to take care of and protect the lawful rights and interests of the incapacitated person. In fact, when asking for a declaration of incapacity for civil acts in Court, the guardians can naturally agree on a guardian and ask the Court to appoint a guardian according to this agreement. The court will include the appointment of an agreed-upon guardian in the decision if it deems that this person meets the conditions prescribed by the law on guardians.
However, in order to ensure the interests of the incapacitated person as well as to avoid the case where the guardian takes advantage of the incapacitated person’s inability to be aware and manage his/her property and commit the act of appropriating property, so civil transactions on the property of the incapacitated person can only be done for the benefit of that person and requires the consent of the supervisor.
Management of assets of incapacitated people
The guardian of the person who has lost the legal capacity is responsible for managing the ward’s property as his/ her own property; to be paid reasonable expenses for the management of the property of the incapacitated person. In order to take care of and use only the essential needs of the ward, the guardian is entitled to establish civil transactions by using the ward’s property.
However, with respect to the property of an incapacitated person, the guardian may not give the property as a gift or transfer it to another person. The sale, exchange, lease, loan, loan, pledge, mortgage, deposit, and other civil transactions with respect to the property of great value of the warded incapacitated person must be with the consent of the supervisor of the guardianship. The civil transactions between guardians with Duo c guardian related to the property of the ward are disabled, except the school and ng where transactions are made in the interests of the ward and the map ng attention of the supervisor of guardians;
Thus, each person living in society needs to respect the general principles as well as the material and spiritual values recognized and protected by the law for each certain subject. Legal provisions on the management of assets of people who have lost their civil act capacity have legal significance as well as social significance, contributing to ensuring the legitimate rights and interests of individuals and organizations. and other related subjects, limiting certain risks in establishing civil transactions with persons who have lost their civil act capacity.
The above is an advisory article on “The issue of property management of incapacitated people ” of Apra Law Firm. If you still have questions about the above issues and need to be answered, please contact the hotline for advice and support.
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