What is the difference between a civil case and a civil matter give examples

What is the principle of “Right to request Courts to protect legitimate rights 2.2 If there is no applicable law provision, what legal basics will the court give a judgment after accepti

VIETNAM NATIONAL UNIVERSITY, HO CHI MINH CITY

UNIVERSITY OF ECONOMICS AND LAW

GROUP EXERCISES

Subject : Civil Procedure Law Instructor guides : Master Le Hoai Nam Module code: 231TS0213

Order Full name Student id Level of job

completion

1 Pham Khanh An K215031137 100%

2 Nguyễn Diệu Bách K215031139 100%

3 Lé Gia Quan K215031153 100%

Ho Chi Minh City, September 17th, 2023

TABLE OF CONTENTS

1 What is the difference between a civil case and a civil matter? Give

2, What is the principle of “Right to request Courts to protect legitimate rights and interests” (Art.4 CPC 2015)? If there is no applicable law provision, what legal basics will the court give a judgment after accepting that case? 00 6 2.1 What is the principle of “Right to request Courts to protect legitimate rights

2.2 If there is no applicable law provision, what legal basics will the court give a judgment after accepting that Case? o.oo ccc ccc ccc cetecetetetecesesesssesesesesesseesenes 8

3 Supply of evidence and proof in civil procedures are the right or obligation?

4, What is the principle of “Mediation in civil procedures”? Before accepting the lawsuit, are the parties must conduct a Mediation ? sscesessessssssssesees 10 4.1 What 1s the princIple of “Mediation im eivil procedures ”? -.c 10 4.2 Before accepting the lawsuit, are the parties must conduct a mediation? 11

5 In order to ensure the oral argument in adjudication, what are the court and the related parties need to do? 11

1 What is the difference between a civil case and a civil matter? Give examples?

The concept of civil case and the concept of civil matter should be distinguished

as follows:

Crvil cases arise at the People's Court in cases where individuals, agencies, or organizations initiate lawsuits to request resolution of civil, marriage business, and labor disputes Thus, the appearance of the concept of civil cases in this understanding leads to the consequence that the concepts of economic cases and labor cases are no longer valid for application in the actual proceedings of the People’s Court (signs of dispute are typical signs of civil cases) For example: Inheritance disputes; Civil contract disputes; Land disputes; Disputes over division

of common property between husband and wife during marriage

A civil matter is an individual, agency or organization that has no dispute but requests the Court to recognize or not recognize a legal event as a basis for arising civil rights, obligations, marriage and family , business, trade, labor of themselves

or of other individuals, agencies or organizations; request the Court to recognize your rights in civil, marriage, family, business, trade, and labor (the sign of no dispute is a typical sign of civil matters) For example: Request to declare a person missing; Request to annul an illegal marriage; Request recognition of foreign judgments in Vietnam; Requesting a person who has lost civil act capacity

orm Civil case Civil matter

Essence

There was a dispute No dispute occurred

Definition

These are civil, marriage and family, business, commercial and labor disputes

These are requests to recognize

or not recognize a legal event that gives rise to civil rights and obligations, marriage and family, business, commerce and

labor

Form of

resolution of the

File a lawsuit in court

Request the Court to recognize

or not recognize a certain legal

subject event as the basis for arising

civil rights and obligations

The Court's | May go through stages: Verify, make decisions, and method of ¬ declare at the request of - First-instance Lae oo resolution individuals and organizations

- Appeal

- Procedures for reviewing

judgments and decisions that

have taken legal effect

Processing The order and procedures are Neat and simple resolution order and time more numerous and stricter than

when dealing with civil matters

To resolve a civil case, a trial must be held

process, fast resolution time

Resolve civil matters by opening a public meeting to consider the petition

Resolution

component

Judges, People's Jurors, Procuracy

Judge (possibly | or 3 judges depending on each civil case),

resolving disputes according to

Procuracy, Commercial Arbitrator (if the request is related to the Vietnam Commercial Arbitration

the provisions of law on commercial arbitration) according to Clause 2, Article

31 of the 2015 Civil Procedure

Code

concerned

Plaintiffs, defendants, and people

with related rights and obligations

The requester and the person with related rights and obligations

Time limit for

appeals and

Longer than the decision to resolve civil matters

Shorter than appealing or protesting the verdict

protests

Fees Fixed fees (specified in

Court fees are based on quota ;

Resolution 326/2016) price (calculated in %) and court

fees are not based on quota price

(fixed)

Resolution Declared by a verdict Declared by the decision

results

Examples

- Inheritance disputes;

- Civil contract disputes;

- Land disputes

- Dispute over division of common property between husband and wife during matriage

- Request to declare a person missing;

- Request to annul an illegal marriage;

- Request recognition of foreign judgments in Vietnam;

- Request a person to lose civil act capacity

2, What is the principle of “Right to request Courts to protect legitimate rights and interests” (Art.4 CPC 2015)? If there is no applicable law provision, what legal basics will the court give a judgment after accepting that case?

2.1 What is the principle of “Right to request Courts to protect legitimate rights and interests” (Art.4 CPC 2015):

Article 4 Right to request Courts to protect legitimate rights and interests

1 Individuals, agencies and organizations defined by this Code shall have the right to institute civil lawsuits, request the resolution of civil matters at competent Courts in order to protect the justice, human's rights, civil rights, benefits of the State, legitimate rights and interests of their own or of others

2 Courts must not refuse to settle a civil case for the reason that there is

no applicable law provision for such case

A civil case without applicable law provisions is a civil case falling within the governing scope of civil laws but there is no applicable law

provision at the time such civil case arises and = an agency/organization/individual requests the Court to settle

The settlement of civil case specified in this clause shall comply with the principles prescribed in the Civil Cede and this Code

The principle "The right to request the Court to protect legitimate rights and interests" is explained as follows:

The People's Court was established by the state and assigned the functions and tasks of protecting justice, protecting human rights, protecting the socialist regime, protecting State interests, legitimate rights and interests of organizations and individuals

In civil proceedings, when individuals, agencies, and organizations have legal rights and interests in civil, marriage, business, commerce, and labor, they need to

be protected by state power then they have the right to submit a lawsuit or request

to the people's court according to legal proceedings The court receiving the application is responsible for considering and resolving the case in accordance with the authority, order and time limit of the proceedings to protect legitimate interests through proceedings

The Procedural Code stipulates a favorable mechanism to ensure the right to access the Court and access to justice for all individuals, agencies and organizations The Code allows subjects to submit applications to the court directly

or can also send them by post or through the electronic portal to the court The regulations on the Courts! authority to receive applications and process them at the first instance level are clearly and specifically stipulated to facilitate application in litigation practice

The court is responsible for receiving petitions when the litigants send them and can only return the petitions to the litigants after reviewing and having grounds according to the provisions of law After the lawsuit is returned, the subjects have the right to complain about the Court's action in returning the lawsuit

If there is no basis to return the lawsuit, the Court is responsible for accepting the civil case and resolving it according to the procedural order prescribed by law to protect the legitimate rights and interests of individuals and organizations Organize timely and timely proceedings The court cannot refuse to resolve a civil case because there is no applicable law

2.2 If there is no applicable law provision, what legal basics will the court give

a judgment after accepting that case?

In case of accepting a case but there is no law to apply, the following customs must be applied (must not be contrary to the basic principles of the 2015 Crvil Code) If there is no custom, the same law shall be applied law (legal norms): basic principles of the law, case law and finally applying fairness according to the provisions of the 2015 civil code

5 steps:

1 Customs

Legal analouges

basic principles of law

law case

justice

3 Supply of evidence and proof in civil procedures are the right or obligation? Why? Give examples?

Providing evidence and proof in civil proceedings is both a right and an obligation of litigants in civil proceedings:

On the basis of recognizing the litigants’ right to self-determination, in proceedings to resolve civil cases, litigants have the right and obligation to proactively provide evidence Litigants who present evidence and prove their claims or refute other litigants’ clatms have the right and obligation to present evidence and prove that their claims are well-founded and legal Individuals,

agencies, and organizations initiating lawsuits and requests to protect the legitimate rights and interests of such requests If the litigant makes a request without providing evidence, he or she will suffer adverse consequences Therefore, providing evidence and proof is also the obligation of the litigant

The court is responsible for assisting litigants in collecting evidence according to the provisions of the 2015 Civil Procedure Code For example, when the documents and evidence are held by one party or the documents and evidence are difficult to collect If you have grounds to collect, you can ask the Court for support However, the Court only assists litigants in collecting evidence in cases where the litigant files

a request and the Court finds there is a legitimate reason One party has the right to request the Court to assist in collecting evidence from the other party The Court considers the request, feels the request is legitimate, issues a notice to provide evidence, then the other party is obliged to provide evidence The evidence provided by litigants is considered the first and decisive basis in considering and resolving their requests in civil cases The court has absolutely no obligation to proactively search for evidence as a basis for resolving civil cases The law even allows the Court to rely solely on the evidence provided by the parties to resolve and make a decision

Legal grounds:

Pursuant to Clause 1, Article 6 of the 2015 Civil Procedure Code in the basic principles of civil proceedings, proof is prescribed as follows:

Supply of evidences and proof in civil procedures

1, The involved parties shall have the right and obligation to initiatively collect and supply evidence to Courts and prove that their petitions are well grounded and lawful

Agencies, organizations and individuals initiating lawsuits or filing their petitions to protect legitimate rights and interests of their own or of other persons shall have the right and obligation to collect and supply

evidence and to prove the ground and the lawfulness like the involved

parties

At the same time, in the provisions of Clause 5, Article 70 of the 2015 Civil Procedure Code on the rights and obligations of litigants, it is mentioned:

Rights and obligations of the involved parties

5 To supply materials and evidences; to prove to protect their legitimate

rights and interests;

For example: In a debt collection case, a document confirming the amount of money owed is written by the debtor, and a property lease contract in a case of dispute over the rights and obligations of the parties in the property lease contract; The will in the case requesting inheritance division according to the will are documents and evidence directly related to the event that needs to be proven in the case, and at the same time it will be direct evidence The parties need to present evidence to ensure their legitimate rights and interests and also their obligations when making requests or denying the requests of other litigants

4 What is the principle of “Mediation in civil procedures”? Before accepting the lawsuit, are the parties must conduct a mediation?

4.1 What is the principle of “Mediation in civil procedures”?

Article 10 Mediation in civil proceedings

The court is responsible for conducting conciliation and creating favorable conditions for the litigants to agree with each other on resolving civil cases according to the provisions of this Code