UNIVERSITY OF ECONOMICS AND LAW                             FINAL EXAM

                 FACULTY OF LAW                                    Semester 2 Promotion 2016 – 2017

                                                                                                   (Documents accepted)

                 Subject: Civil procedure law                             Duration: 90 minutes

                    Class K15503 and K15504

The exam concludes 3 parts.

Part  1 (5 marks): These statements are True or False. Explain shortly in maximum 5 lines.

Question 1 (1 mark): The time limit for appeal against the first-instance decision of the court when resolving civil matters is 10 days.

Question 2 (1 mark):  The judge has competence in changing the Court Clerk in the first-instance session.

Question 3 (1 mark): When the involved parties are absent twice, the Court will stop the resolution of the civil case.  

Question 4 (1 mark): During the time of resolution of civil matters, if the requesting person dies, the Court shall stop the resolution of the civil matter.

Question 5 (1 mark): One of grounds for protest according to cassation procedures is that judges commit acts of corruption and deliberately make wrong conclusions when making judgments.  

Part 2 (2.5 marks): Present your opinions on the conditions of application of the summary procedure in the Civil Procedure Code 2015.

Part 3 (2.5 mark):

Mrs. A and Mr. B got married in 2015 and resided in District 10, Ho Chi Minh City. By the beginning of 2017, they arised conflict, so he moved out to live in Thu Duc District, Ho Chi Minh City. After few months, Mrs. A applied to the Court for divorce. In the application, Mrs. A asked to receive a half of the value of the house that she is the co-owner, asked the right to raise their child (C is 3 years old) and asked Mr. B to support their child C 1,000,000 VND per month, while Mr. B asked to raise children.

The Court agreed for the divorce and decided that each person would get ½ of the common property. Mrs. A had the right to keep the house, so Mrs. A had to pay the difference to Mr. B (the house worthed 1 billion VND). Mr. B had to pay the alimony (1 million VND/month) to Mrs. A for raising the child. Question:

a)      What Court is competent to solve the case?

b)      Who must pay for the court fee advance? How much?

c)      How much is the court fee?  

END

Responsible of the Department                                                                 Lecturer

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