According to the Guideline, the People's Supreme Procuracy pointed out some common violations and highlights while settling economic cases relevant to credit contract disputes such as:
A credit contract dispute is usually settled in 02 separate parts. Only the erroneous part the judgment/decision will be cancelled instead of the entire judgment/decision.
Husband or wife must be not omitted in case the mortgaged property is owned by one of them during the marriage.
Regulations related to origin of the property, property transferred, donated or inherited must be considered. Consider participation of the spouse who is not the holder of the certificate of land use right in the proceedings to avoid omission of relative litigants.
Litigation status must be clarified for private enterprises.
In case an enterprise is shut down or dissolved, instead of suspending the case, the Court must identify individuals and organizations that are the enterprise’s members and can participate in the proceedings to settle the case under general procedures.
The Court shall accept and settle the credit contract dispute cases according to general regulations on prescriptive period for initiating legal action in clause 2 Article 155 of the Civil code in 2015.
For more details, see Guideline No. 25/HD-VKSTC dated April 18, 2022.
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