This is the content stipulated in the Civil Procedure Code 2015, which came into force on July 01, 2016, regarding the right to request the Court to protect legitimate rights and interests.
Article table of contents
According to Clause 2, Article 4 of the 2015 Code of Civil Procedure:
"The court cannot refuse to resolve a civil case on the grounds that there is no applicable law.
A civil case for which there is no applicable law is a civil case falling within the scope of civil law at the time the civil case arises and when agencies, organizations, or individuals request the court to resolve it, there is no applicable law.
The resolution of the civil case as stipulated in this clause is carried out according to the principles provided by the Civil Code and this Code.”
This provision is necessary and beneficial for citizens, ensuring their right to request the court to protect their legitimate rights and interests. It also materializes the provisions of the 2013 Constitution regarding the judiciary, with the function of executing, protecting justice, human rights, and citizens' rights. It serves as a basis for courts to accept petitions, handle cases, and resolve disputes arising in social life not yet regulated by law, preventing citizens from having to handle matters themselves, which could affect social order and security.
In practice, the court's inability to refuse to resolve civil cases on the grounds of no applicable law is reasonable and suitable for the context of perfecting and developing the legal system. Social relations are increasingly diverse and complex, and lawmakers cannot anticipate all arising social relations to regulate them by law, resulting in courts lacking the legal basis to review and resolve cases.
However, to ensure the feasibility of this provision, it is necessary to establish a mechanism because if there is no regulated thorough consideration of the matter, the legitimate interests of citizens may not be protected, potentially creating conditions for negative developments.
The question arises as to what basis the court relies on to review and resolve cases and on what grounds it protects citizens' rights and interests when there is no legal basis. In judicial practice, there are issues where the law is very specifically regulated, but different interpretations by individuals lead to different applications of the law, which is why there are still numerous cases of verdict modification and annulment.
To address this issue, the court employs principles such as applying analogous laws, customs, equity principles, and international practices to adjudicate and resolve disputes while waiting for legal regulation. To minimize negatives, it is necessary to specify which entity has the authority to regularly inspect and supervise the application of the law.
Linh Trang
According to vov.vn
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