Open AccessMarital Agreements in Vietnam from 1858 until Now
Author(s) -
Nguyễn Thị Mỹ Linh
Publication year - 2021
Publication title -
díkī
Language(s) - English
Resource type - Journals
ISSN - 2631-1232
DOI - 10.15170/dike.2021.05.01.10
Subject(s) - statutory law , institution , property (philosophy) , law , property law , political science , property rights , law and economics , business , sociology , philosophy , epistemology
The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property. Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law in European countries.