Matrimonial property regimes under the laws of selected countries and implications for the development of the private sector in Vietnam

Abstract

In the context where the private sector is recognized as one of the key driving force of the socialist-oriented market economy, the improvement of property law, particularly matrimonial property, has become increasingly imperative. In practice, many family-owned businesses are exposed to legal and financial risks when disputes arise between spouses over property due to the absence of clear legal provisions on the establishment, disposition, and protection of assets associated with business activities. Based on an analysis of the limitations of current Vietnamese law and with reference to the legislative experiences of several jurisdictions, this article proposes orientations for reforming matrimonial property regimes in order to ensure the sustainable development of the private sector in Vietnam.