The subject of a marriage and family legal relationship is solely the individual. Individuals who wish to participate in a marriage and family legal relationship must have subject capacity. Subject capacity includes legal capacity and capacity to act.
The legal capacity of an individual is the capability to possess marriage and family rights and obligations. All individuals have the same legal capacity. The legal capacity of an individual exists from the time he/she is born and terminates when he/she dies. Legal capacity is objective capacity prescribed by law.
The capacity to act of an individual is his/her capacity to exercise the rights and perform the obligations of marriage and family.
The capacity to act on marriage and family matters depends on the legal relationship that the subjects engage in, and the conditions required by the law are different.
Other than common capacity to act (age and cognitive ability), marriage and family capacity to act also requires other conditions such as a blood relationship, moral status, or other elements.
Objects of marriage and family relationships include personal and property benefits that the subjects engaging in marriage and family relationships try to obtain. Specifically, the benefits are:
All personal and property rights and obligations. These are the obligations and rights between husband and wife, parents and children (from birth, to nurturing and living together), between brothers and sisters, and between grandparents and grandchildren. Regulations on marriage, divorce, support and guardianship also form the content of the marriage and family legal relationship.
Both areas of law govern personal relationships and property relationships.
In marriage and family legal relationships, personal relationships play the leading role, while in civil relationships, property relationships predominate.
In addition, the Law on Marriage and Family and the Civil Law have a close association with each other. Some provisions of the Law on Marriage and Family were formed on the basis of the Civil Law and vice versa. For example, the provisions on property ownership, guardianship, representation and inheritance in the Civil Law are the source of the provisions related to these subjects in the Law on Marriage and Family. Regulations on relationship between husband and wife and parents and children in the Law on Marriage and Family are the basis for settling inheritance disputes in the Civil Law.
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Le & Tran Building – Headquarters: Area No. 284 (Bld 9), Nguyen Trong Tuyen Street, Ward 10, Phu Nhuan District, Ho Chi Minh City
Saigon Tower – City Center Office: Unit 8, Level 16, 29 Le Duan Blvd, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Daeha Business Center – Ha Noi Office: No.1606, 16th Floor, 360 Kim Ma Street, Ba Dinh District, Hanoi City