Tham permission according to receive earth When prize decided the painting challenge people the according to the law draw solve , oppose phone in Court judgment
February 16, 2024 15:47
The law Draw solve , oppose phone in Court judgment 2020 (LHGĐTTTA), already create go out one muscle mechanism draw prize property signal When Have painting challenge people the happen go out. However , real _ see off pressure Still using LHGĐTTTA still much way understand about judge permission according to receive earth When treat physical single start sue , advance onion draw prize and go out decided determined labour receive or Are not labour receive conclude fruit draw prize wall .
Tham permission belong to Court judgment according to receive earth in job prize decided the service judgment people the To be regulation determined in France the law element chant people the Okay take note receive at the Civil Procedure Code 2015. When available painting challenge broadcast born but owner can want Okay prize decided through prime _ custom element chant then question topic body determined judge permission To be thing to sue need to Court judgment receive physical service judgment . Regulations _ about judge permission according to receive earth aim item destination to give People start to sue Have can based enter taste mind land reasonable , conscientious earth to Love bridge Court judgment prize decided according to correct judge rights , no lost time time When start to sue wrong judge permission .
1. Regulations about judge permission according to receive earth When prize decided service judgment people the
To edema fit with count matter belong to ever service judgment people right , right profit belong to the owner can greed family element chant so CPC already regulation determined about judge permission prize decided service judgment people the belong to Court judgment according to receive earth in Clause 1, Article 39 i.e after :
“ 1. Tham permission prize decided service judgment people the belong to Court judgment according to receive earth Okay body determined like after :
a) Court judgment place bag single populate stay , do work , if bag single To be fish core or place bag single Have pillar facility , if bag single To be muscle official , group position Have judge permission prize decided according to defense custom profile judge these painting challenge about people kissing _ _ core and family family , business business , trade trade , tuberculosis dynamic regulation determined in the Articles 26, 28, 30 and 32 of Set the law This ;
b) Roads the Have permission on one's own satisfied favorable with together equal literature copy Love bridge Court judgment place populate stay , do job belong to original single , if original single To be fish core or place Have pillar department belong to original single , if original single To be muscle official , group position prize decided these painting challenge about people kissing _ _ core and family family , business business , trade trade , tuberculosis dynamic regulation determined in the Articles 26, 28, 30 and 32 of Set the law This ;
c) For statue painting challenge To be real dynamic product then only Court judgment place Have real dynamic product Have judge permission prize decided ” .
According to regulations determined on , if the beside Are not on one's own satisfied favorable with together equal literature copy Love bridge Court judgment place populate stay , do work , head department belong to original single [1] then judge permission according to receive earth Okay body determined according to place populate stay , do job , place Have pillar department belong to bag single or according to place Have real dynamic product .
When the Court judgment receive Okay single start to sue and treat physical according to defense custom element chant people the then There are 2 schools fit about judge permission according to receive territory [2] : (1) Court Proceeding project _ defense custom receive physical service sentence ; (2) Court judgment transfer single start to sue give Court judgment Have judge permission and pine newspaper give People start to sue If service judgment belong judge permission prize decided belong to Court judgment other _ _ Right school case “ Repay again single start sue ” if service judgment there belong judge permission prize decided belong to Court judgment ).
Thus , the Civil Procedure Code has bright town rather clearly clear about judge permission When Court judgment treat physical single start to sue and receive physical service judgment according to defense custom element chant people the .
However , LHGĐTTTA again Are not Have regulation determined any about judge permission according to receive earth When treat physical single start sue , advance onion draw prize and go out decided determined labour receive or Are not labour receive conclude fruit draw prize wall the painting challenge people the .
In Clause 2 , Article 1 of LHGĐTTTA stipulates determined about Article scope _ correction of LHGĐTTTA as After : Draw prize according to regulation determined belong to The law This Okay real presently before When Court judgment receive physical service judgment about painting challenge people kissing _ _ core and family family , business business , trade trade , tuberculosis dynamic belong judge permission prize decided belong to Court judgment according to regulation determined belong to Civil Procedure Code . Have means is , if the painting challenge people the This belong judge permission belong to Court judgment ( of Court judgment speak general , no Right Court judgment according to receive earth ) regulation determined in the Articles 26, 28, 30, 32 of the Civil Procedure Code then will Okay Court judgment next receive and draw prize according to submit on one's own of LHGĐTTTA.
Outside out , LHGĐTTTA no Have regulation determined any about judge permission prize decided service judgment people the belong to Court judgment according to receive earth and also Are not Have regulation determined any about job treat physical single start sue , advance onion draw prize and go out decided determined labour receive or Are not labour receive conclude fruit draw prize wall the painting challenge people the When Are not belong judge permission according to receive earth belong to Court judgment place next receive single start to sue . Tell chief the regulation determined about : solution prefer from language ( Article 2); original block ( Article 3); these school fit Are not up onion draw solution ( Article 10); thing to sue labour receive conclude fruit draw prize wall ( Article 33 ) also Are not Have regulation determined any about judge permission according to receive earth .
2. Love situation France physical tool can and the mandarin point
To counter light clearly stroke question topic Okay state , act fake state one love situation France physical happen go out much in real international like later : Ms. H submits single glass kiss Mr. V, in single start to sue glass kiss , declared by Mrs. H land only current residence _ in belong to Mr. V is in wall CR city , KH province . Court judgment up onion treat physical single start to sue according to LHGĐTTTA. Then , Hoa _ prize pellets up onion draw Awarded , Mrs. H and Mr. V agreed _ love glass kiss and the beside Love bridge go out decided determined labour receive favorable love glass kiss . However , Tham _ judge by the Chief Justice Court judgment stool labour see review go out decided determined receive see Are not Have base keep proof bright Mr. V resides stay , do job in wall CR city , KH province ; the beside also body determined Mr. V does not populate stay , do job in wall CR city , KH province presently in progress populate residence in HD district , QN province .
In love situation This Have two mandarin point like after :
Opinion _ rank Most : Here To be school fit Are not belong judge permission prize decided belong to Court judgment place Draw prize pellets up onion draw prize , place Court issued judgment _ decided decided ( City People's Court CR street , belongs KH province ) so “ Tham judge go out decided determined Are not labour receive conclude fruit draw prize to , to phone wall and state clearly reason . Tham judge transfer decided determination , boundary copy and talent Whether attached according to give Court judgment Have judge permission prize decided service job according to regulation determined belong to France the law about element chant ” [3] . Tell chief When treat physical single start sue , if People start to sue Are not Have talent data , evidence keep proof bright Okay Mr. V resides residence in wall CR city , KH province Court judgment Right transfer single start to sue arrive Court judgment Have judge ( People's Court of HD district , QN province ).
Opinion _ rank two : LHGĐTTTA no Have regulation determined any about judge permission according to receive earth When treat physical single start sue , advance onion draw prize and go out decided determined labour receive conclude fruit draw prize wall the painting challenge people the like in love situation state above should Tham judge still “ out. ” decided determined labour receive conclude fruit draw prize into ” [4] . Outside out , love situation above Have enough thing to sue labour receive conclude fruit draw prize wall according to regulation determined in Article 33 of the LHGĐTTTA should Are not Have base keep to Are not labour receive .
Opinion _ belong to work fake also main To be mandarin point rank two . Tham permission according to receive earth only exist in and Okay pressure use When Court judgment prize decided service judgment people the according to defense custom element chant Okay regulation determined in the Civil Procedure Code. Court judgment also only see review about judge permission according to receive earth When up onion defense custom receive and treat physical single start to sue Okay regulation determined in Article 191 of the Civil Procedure Code. While _ defense custom treat physical single According to LHGĐTTTA , it is complete full other with one number content like _ after :
- People start to sue send single start to sue prize decided service judgment people the attached according to talent data , evidence keep arrive Court judgment Have judge permission prize decided according to regulation determined in Article 190 of CPC;
- Court judgment receive menu , enter book receive simple , precise receive job receive single according to regulation determined in Clause 1 , Article 191 of CPC;
- In time 02 days period do job tell from day receive Okay single start sue , if Are not belong one in the school fit regulation determined in the Clauses 1, 2, 4, 6 and 7 , Article 19 of the LHĐTTTA then Court judgment pine newspaper equal literature copy give People start to sue know about permission Okay choose select draw solve , oppose phone and choose select Draw prize pellets according to regulation determined belong to LHGĐTTTA;
- Feces labour Tham judge extra blame draw prize real presently responsibility service according to regulation determined of LHGĐTTTA if People start to sue comments _ _ agree to draw prize ;
- Transfer single to treat physical according to regulation determined belong to France the law about element chant If People start to sue comments _ _ Are not agree to draw solve , oppose phone [5] .
3. Topic export
Need speak more that , meaning and expect want obtain Okay of LHGĐTTTA is increase strong labour work draw solve , bring again these profit useful about time time , talent main and love have a cold give the beside greed family draw prize also like profit great benefit _ give commune festival . Therefore , many _ question topic about defense custom element chant Are not put go out When home do the law build build LHGĐTTTA. Set think , follow direction next near This then job Tham say “ out. ” decided determined labour receive conclude fruit draw prize into ” in love situation above fit fit love , medium fit physical .
However , to _ Have legal corridor _ physical then need Have direction guide tool can about judge permission belong to Court judgment according to receive earth When treat physical single start sue , advance onion draw prize and go out decided determined labour receive conclude fruit draw prize wall the painting challenge people the according to direction corrugated iron important the satisfied consent , will belong to the beside . If People start to sue submit single start to sue arrive Court judgment but Draw prize pellets up onion draw prize wall between the beside then complete full Have can issue _ decided determined labour receive conclude fruit draw prize wall but Are not need see review arrive judge permission belong to Court judgment according to receive earth . If draw prize Are not wall then switch to defense custom element chant still tell brave permission profit belong to People start to sue .
With these love situation like on , operative fake give that Tham judge need luck use Point a Clause 2 Article 32 LHGĐTTTA “ Love bridge one or the beside submit express opinions _ about conclude fruit draw prize to , to phone wall Satisfied Okay take note in record " copy ", special special To be bag single submit present clear opinion _ about place populate stay , do job and comments _ agree to the job Court issued judgment _ decided determined labour receive conclude fruit draw prize wall When Court judgment Are not together receive earth with place bag single populate stay , do job . Job This To be to tell brave job draw prize and issued _ decided determined To be wish hope belong to the side , avoid happen go out aptitude complaint about after .
Above This To be question topic still new , yes can Have much mandarin point other together . To Have can complete good than regulation determined France the law also like job pressure Using LHGĐTTTA, operative fake expect receive get opinions _ close contribute belong to Friend read .
[ 1] Regulations in Point b , Clause 1 , Article 39 of the Civil Procedure Code also still much painting argue When Are not body determined Okay the Duong the satisfied favorable before or after When Court judgment receive physical service judgment ; If before then Are not Right To be Duong the because Court judgment Not yet receive physical service judgment should Not yet body determined private way element chant belong to the owner can greed family element chant . However , problem _ topic This will Okay handed out change deep than When table about judge permission according to receive earth in regulation determined of the Civil Procedure Code.
[2] Clause 3, Article 191 of the Civil Procedure Code.
[3] Point b , Clause 2 , Article 32 of LHGĐTTTA.
[4] Point a , Clause 2 , Article 32 LHGĐTTTA.
[5] Article 16 LHGĐTTTA
NGUYEN HUY HOANG ( Tham Judge of the People 's Court Cam Ranh city , Khanh Hoa province )
According to tapchitoaan.vn
