Wednesday, February 27, 2016 at 9:00 p.m. (GMT + 7)
On March 1, HCM City People's Court will decide Trung Nguyen Legend Dang Le Nguyen Vu and Le Hoang Diep Thao for the divorce of the President.
The division of two property does not mean "equal parts"
Before a three-day deliberation of the tests, Vu's active requests were distributed between 70 and 30. After several times, Thao made several suggestions, in the end, they were assigned assets, including the shares of Trung Nguyen, 50-50.
Meanwhile, when Procuracy displayed contributions of two people, the Panel proposed analyzing the division of the tariff to ensure that Trung Nguyen Legend and its affiliates were not operating.
Le Hoang Diep Thao Mrs.
Speak with PV Infonet, Attorney Dang Van Cuong – Chief Executive Officer of Chinh Phap, Ho Chi Minh Bar Association. Hanoi – said, in 2014, the provisions of the marriage and family law, the common property of husband and wife are: Owned by husbands; Income from work, production and business activity.
In addition, without conflicting marital conflicts, due to private ownership of each party, they are owned by spouses. In the case of common property, both sides have the same rights to manage, use and eliminate this asset.
Mr Dang Van Cuong, a lawyer for Dang Van Nguyen Vu, has said that the principle of separating common goods from husband and wife is divided into two parts, but this is not the case … in equal parts.
"The law only states that" the common property is distributed among the spouses ", but there is no hard rule" divided into two equal parts, "said Cuong Attorney.
Lawyer Dang Van Cuong – Head of Legal Law Office.
Currently, the distribution of common goods in accordance with Article 59 of the Law of Marriage and Family Law and detailed guidance 01/2016 / TTLT-TANDTC-VKSNDTC-BTP. Specifically, the distribution of common goods between husband and wife rates depends on the following factors:
First of all, the family and husband's situation: legal capacity, behavioral ability, health, property, professional competence, and the ability to create income after divorce of the wife is understood. the husband and the husband and wife of the family and property rights and obligations, in accordance with the law of marriage and family. The most difficult aspect of the divorce is divided into more assets than the other party or prioritized to maintain property, ensuring their life-long maintenance and stability, but must be consistent with real situations. family and husband and wife.
Secondly, the contribution to the creation, maintenance and development of a common property of husband and wife: personal property of the wife, income, family work and work, to create, maintain and develop common property for husband and wife. At home, the spouse is treated as a wage-earner equivalent to income from a spouse or wife's wife or family member. More aspects with more contribution will be distributed.
Thirdly, protecting the legitimate interests of each party in production, business and careers, in order for parties to continue to generate income: the division of common goods of the husband and wife must be certified. Nowadays, they continue to produce and negotiate spouses that work in production and business activities so that they can generate income and promote the value of other assets. Protecting the legitimate interests of each party in production, business and professional activities will not affect the minimum living conditions of spouses and small children, but also the loss of the adult and children's administrative capacities. micro civilians
Fourthly, the defect of the parties violates the rights and obligations of the husband and wife: this is the fault of the spouse to violate the rights and obligations of the person and property of the victims of divorce. For example, when the husband suffers from sexual violence, law or abuse, when a divorce is resolved, the Court must take account of the factors of the husband's factor to ensure the right to divide the common goods of the couple, the legal benefit of small wives and children.
"In the case of Mr. Dang Le Nguyen Vu and Le Hoang Diep Thao, the Court will base the previous factors on the basis of the calculation of the dividend rate. Vu Mr. and Vu lawyer have documents and evidence, Vu distribution according to the provisions of Law 70/30. On the other hand, if Mrs. Thao wants to ask for a higher rate quota, he must prove the basic factors of the judge on the legal basis, "said Dang Van Cuong, lawyer.
Although he was tired, Dang Le Nguyen Vu still showed him "awake" in court.
50%, Mr Thao could win Trung Nguyen power?
To Thao's confirmation that the tables were for 50% of Trung Nguyen's shareholders, Mrs. Thao would have more power in the Group and would be elected as members of the Board, but it's not easy to imagine. Mr. Vu's replacement committee.
Article 152 of the Law on Organic Law 15 establishes that the Chairman of the Board of Directors is the Chairman of the Board of Directors of the Board of Directors of the Board of Directors or General Manager of the Board of Directors, except in the cases set forth in clause 2 of this article and the company's Charter and securities law ".
Thus, with 50% stake in capital stock, this person has the highest shareholder stake. However, the selection of the Chairman of the Board of Directors is not based on the percentage of shares.
"Being the Chairman of the Board of Directors of the Company must meet the requirements for membership of the Board of Directors. Next, the elected Chairman of the Board also depends on the number of votes of the Board of Directors," said Dang Van Cuong.