베트남 상속법에 관한 개관

Abstract

Vietnam's Civil Code devoted a whole part - Part 4 - to the provisions on inheritance. With 57 articles(from articles 631 thru 687) arranged in 4 chapters, General provisions, Inheritance under Wills, Inheritance at Law and Settlement & Distribution of Estates. The Civil code provided the rights of inheritance of individuals, basic principles of inheritance, estate leavers and inheritable estates, heirs, wills, inheritance at law, and so on. The Civil Code has put forth three basic principles on inheritance. First, the law protects the inheritance rights of individuals. Second, All individuals are equal in inheritance. And third, the property owner's right to dispose of his or her property by will is respected. An individual may make a will to dispose of his or her estate, may leave his or her property to an heir in accordance with law, or may inherit an estate left to him or her under a will or in accordance with law. All individuals are equal with respect to rights to bequeath their property to others and to inherit estates under wills or in accordance with law. An estate comprises property which the deceased owned and property which the deceased jointly owned with other persons. If an heir is an individual, such person must be alive at the time of commencement of the inheritance or, if such person is born and alive after the commencement of inheritance, must have been conceived prior to the time when the deceased dies. Where an heir under a will is a body or organization, it must be in existence at the time of commencement of the inheritance. From the time of commencement of an inheritance, the heirs have the property rights and obligations left by the deceased. An adult may make a will, unless he or she suffers from a mental or other illness rendering him or her incapable of being aware of or controlling his or her acts. and A person who is between 15 and 18 years of age may make a will with the consent of his or her parents or guardian. A will must be made in writing. If it is not able to be made in writing, it may be made orally. Written wills comprise: unwitnessed written wills, witnessed written wills, written wills which are notarized and written wills which are certified. Heirs at law are categorized in the following order of priority: The first level of heirs comprises: spouses. biological parents. adoptive parents, offspring and adopted children of the deceased; The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased; and The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased, and biological nephews and nieces of the deceased. Heirs at the same level shall be entitled to equal shares of the estate.