Property Liability of Husband and Wife in the Marriage Period

According to the laws of Vietnam, marriage relation is established between a man and a woman based on marriage conditions and registration. Marriage registration means establishment of legally valid marriage relation and is protected by State, binding the wife and the husband with certain liability – joint liability.

Joint liability means a liability which shall be performed by both wife and husband and which the obligee has the right to request other to perform in its entirety. This liability could arise from property obligation in marriage period.

Property of wife and husband include two types: common property and separate property. For the transaction of common property, both wife and husband mutually agree implement, joint liability shall always exist. Moreover, the following transactions which are made by either wife or husband including but not limited to: legitimate representation in civil transaction, business relations; representation in the ownership certificate of property; the obligations performed by either wife or husband in order to meet the family’s essential demand will bind both wife and husband by a joint liability.

Despite one of the principles of Civil Code on separate property that the owner has a right to possess, use and dispose its assets and the obligations, liabilities arising out such rights shall be performed by the owner in itself, the transaction performed by either wife’s assets or husband’s assets can arise joint liability to other party such as the usage of separate property for maintenance, development of common property or making family’s primary income.

In conclusion, the provisions of joint liability on spouses’ assets not only ensure the right, benefits of wife, husband, family and third party but also is legal foundation for resolution of dispute.