PERSONAL RIGHTS AND OBLIGATIONS OF HUSBAND AND WIFE UNDER THE MARRIAGE AND FAMILY LAW 2014

Legal basis:

Law on Marriage and Family 2014
Civil Code 2015

The personal rights and obligations of husband and wife are an important foundation in building family happiness, while demonstrating equality and mutual respect in the marital relationship. According to the provisions of the Law on Marriage and Family 2014, these rights and obligations are protected by law to ensure lasting cohesion and stability in family life. The rights and obligations of husband and wife in personal relationships are stipulated in the 2014 Law on Marriage and Family, specifically as follows:

a) Equality in rights and obligations between husband and wife

Husband and wife are equal, have equal rights and obligations in all aspects of the family, and in exercising the rights and obligations of citizens as stipulated in the Constitution, this Law and other relevant laws. .

b) Husband and wife relationship

– Husband and wife have the obligation to love, be faithful, respect, care for, and help each other; Share and do family chores together.

– Husband and wife have the obligation to live together, unless otherwise agreed by husband and wife or due to requirements of career, work, study, participation in political, economic, cultural, and social activities. and other legitimate reasons.

c) Choose the place of residence of the couple

– The choice of a place of residence between husband and wife is agreed upon by husband and wife, not bound by customs, traditions, or administrative boundaries.

d) Respect the honor, dignity, and reputation of husband and wife

– Husband and wife have the obligation to respect, preserve and protect each other’s honor, dignity and reputation.

e) Respect the right to freedom of belief and religion of husband and wife

– Husband and wife have the obligation to respect each other’s right to freedom of belief and religion.

f) Rights and obligations to study, work, and participate in political, economic, cultural, and social activities

– Husband and wife have the right and obligation to create conditions and help each other choose a career; study and improve cultural, professional and professional qualifications; Participate in political, economic, cultural and social activities.

g) Represent each other between husband and wife

Husband and wife can represent each other by law or by authorization:

Legal representation

According to the provisions of civil law and the Law on Marriage and Family, legal representation between husband and wife arises when: One party loses civil act capacity and the other party is qualified to be the guardian. ; When one party is declared by the Court to have limited capacity for civil acts and the other party is appointed by the Court to be that person’s legal representative; When husband and wife do business together or put common assets into business; When there is common property between husband and wife, the certificate of ownership or certificate of property use rights only lists the name of one party.

– When a spouse loses civil act capacity and the other party is qualified to be a guardian, he or she will act as guardian (representative) for the person who has lost civil act capacity. The representative has the right and obligation to establish and carry out all civil transactions for the benefit of the represented person (unless otherwise prescribed by law), manage the ward’s assets and protect them. legitimate rights and interests of the ward. In cases where a husband or wife represents the husband or wife who has lost civil act capacity and requests a divorce, according to the provisions of the Civil Code, the Court shall appoint another person to represent the lost person. civil act capacity to resolve divorce (See Clause 3, Article 24 of the 2014 Law on Marriage and Family).

– When one party is declared by the Court to have limited civil act capacity and the other party is appointed by the Court to be that person’s legal representative, the scope of representation is decided by the Court. Civil transactions related to the property of a person with limited civil capacity must be approved by the representative, except for transactions to meet daily living needs.

– When husband and wife do business together or have a written agreement to put common property into business, the wife or husband directly participating in the business relationship is the legal representative of the husband or wife in the business relationship. that business, unless before participating in the business, the husband and wife have made a different agreement or the law has other provisions. People directly participating in business relationships have the right to personally carry out transactions related to common assets put into business.

– When the common property of husband and wife is in which the certificate of ownership or certificate of property use rights only lists the name of the husband or wife, the establishment, implementation and termination of transactions related to that property shall be borne by the other party. named in the certificate of ownership or certificate of rights to use the real property. The transaction performance of one party in this case must be in accordance with the regulations on representation between husband and wife. If it violates the regulations on representation between husband and wife, the transaction is invalid, except in cases where according to the law, the third person’s rights are protected in good faith.

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