UNIVERSITY OF ECONOMICS AND LAW FINAL EXAM
FACULTY OF LAW Semester 1, 2016-2017
(Permission to use the material)
Subject: Law on Property
Time: 75 minutes
Question 1: Summary types of properties according to Civil Code 2015.
Answer: Point 1: Listing all types of properties according to Civil Code 2015. (0.5)
Point 2: Analyzing types of properties. (1.0)
Point 3: Classifying properties, (0.5)
Question 2: Are these below statements True or False? Why? (Give brief explanation).
- Usufruct right is property right.
Answer: True. (0.5). Usufruct right is recorded in Civil Code 2015 as “other property-related rights” (0.5).
- Supported right is property right.
Answer: True. (0.5). According to Article 115 Civil Code 2015 “Property rights are rights which are able to be valued in money” and supported right is able to be valued in money. (0.5).
- A person leasing property has usufruct right to leased property.
Answer: False. (0.5). A person leasing property has rights to leased property on the basis of contract for lease of property, but Usufructuary has rights to property on the basis of law provisions.(0.5).
- Surface right is only established on land use right property.
Answer: False. (0.5). Surface right can be also established on water surface. (0.5).
- Property right is movable property.
Answer: False. (0.5). Property right established is related to immovable property, for example: Land use right is immovable property. (0.5).
Question 3: Exercise
Phu borrowed a motorbike (Brand “SH”) from his friend – Tung. When Tung lent his motorbike, he gave motorbike registration certificate to Phu. Using the motorbike for the 3rd day, Phu sold it to Minh with 60.000.000 VNĐ and committed that his name is Tung, the ownership of this motorbike. Phu also said that he forgot bringing identity card and he appointed Minh to carry out name transfer procedure a week later.
After a week, Phu didn’t come. Needing money, Minh sold this motorbike to Sa with 65.000.000 VNĐ.
When Tung knew that Phu had sold his motorbike, he called police and found the motorbike at Sa’s house.
Now, answer these questions:
- In this situation, Is Sa in good faith but without legal bases possessor? Why?
- Does Tung have right to sue Sa? Why? Indicate legal basis (if any).
Answer: Tung has right to reclaim his motorbike (0.5). Because Sa is illegal but not in good faith possessor according to Clause 1 Article 166 Civil Code 2015. (1.0).
DEAN OF FACULTY (APPROVED) EXAMINER
Le Vu Nam Doan Thi Phuong Diep