Home » CASE LAND DISPUTE H.T.H VS H.T.

CASE LAND DISPUTE H.T.H VS H.T.

[MAIN CONTENT]

In 1998, Mr. H.T.H. was granted the right to use the land, the origin of which was left by his parents. In 2014, Mr. H’s sister, Ms. H.T.T., who is now settling in the U.S. returned to Vietnam and sued for reclaiming land use rights. Ms. T authorized Mr. B to represent the authorization to participate in the proceedings, while Ms. T returned to the United States. This land dispute has been accepted by the Court. In the course of the proceedings, Mrs. T died in the United States. Mr. H only provided testimony to the Court and could not provide attached evidence because Ms. T in the United States and Her children also did not cooperate to provide death certificates. The court continues to settle.

[LEGAL ISSUES]

What are the legal consequences of the plaintiff’s sudden death in the process of settling the case? Is the obligation to prove that of the plaintiff or the defendant? How to prove it.

[ATTORNEY’S SOLUTION]

According to the Civil Procedure Code, if the plaintiff in the process of settling the case dies, the settlement of the case shall be suspended if there is no heir to the procedural rights and obligations.

The obligation to prove in a civil case belongs to the person who gave the information. If the person is unable to collect evidence on his own, it can be obtained by the Court if the Court finds that there are grounds for the collection request of the parties.

Thus, in the above case, the obligation to prove belongs to Mr. H. In addition to Mr. H’s own testimony, he needs to provide additional evidence to convince the court. Since Ms. T authorized Mr. B to participate in the proceedings, the Court worked directly with Mr. B, Mr. B confirmed that Ms. T was not dead and asked the Court to conduct a normal trial.

When receiving this case, Attorney noticed the relationship between the plaintiff and the defendant was sisterly. Thus, the parties can obtain information through other relatives. Attorney has proposed Mr. A get the confirmation of other sibling relatives about Mrs.T’s loss to the US side. However, Mr.A’s other siblings refused to provide testimony due to their unwillingness to create conflict with Mrs.T’s family.

Attorney and Mr. H tapped social media to collect photos or chats of Mrs. B. Then conducted the conduct of electronic evidence and submitted to the Court. Evidence of death of an individual must have a certificate from a state agency to be legally valid. After submitting evidence proving Mr.A’s testimony was grounded, the attorney asked the court to conduct judicial trust to lower Ms.T’s death certificate to clarify the fact that the plaintiff died.

As a result, the Court suspended the case temporarily and proceeded to collect evidence in the US. The case is continued when the plaintiff has an heir involved in the proceedings.

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