Contracts for gifts of spouses’ common property under Vietnamese law - Several limitations, challenges and recommendations

Abstract

A gift contract concerning the spouses’ common property constitutes a common but specific legal transaction, intrinsically linked to the regime of joint ownership and subject to both marriage and family law and civil law. The improper application regarding such contracts may result in disputes, undermining the rights of the parties and the stability of legal relations. The article analyzes current provisions’ limitations and challenges on gift contract concerning the spouses’ common property and provides recommendations to improve the legal framework.