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The manufacture of the "separation" in the Draft Law on Marriage & Family modifications through Congress meant the law of our country today only recognizes two methods to resolve conflicts is the husband and wife through mediation and through the termination of marriage by divorce. C ó many take the view that the statutory "separation" in the Act is not required by the Law on Marriage and Family Vietnam 2000 has indirectly admitted statutory separation between husband wedding photographers and wife, by allowing "split common property of the spouses wedding photographers during the marriage. "At a legal perspective, whether this affordable two institutions similar in nature?
"Separated" is often understood as the temporary cessation of cohabitation between wedding photographers couples, due to disagreements, conflicts in the family, which is often no administrative intervention, external legal, if no disputes, wedding photographers family conflicts violently. Under a legal perspective, the perspective of the Draft Law on Marriage and Family, amending Clause 10, Article 8 of the concept of "separation" means the legal status under which no obligation couples wedding photographers living together together by the competent authority or approved the decision at the request of the couple or of the spouse.
If the separation wedding photographers mechanism wedding photographers has been specified in the legal documents in Vietnam under French colonial rule and in the south (home of the Code dated 01.02.1959 under the regime of Ngo Dinh Diem; Ordinance No. 15 / 64 dated 23.07.1964, the Civil Code dated 20.12.1972 of the Saigon puppet Government), the civil law system of marital our State's current regulations do not matter cups relatives of the couple. Marriage and Family Law was enacted in 1986 to replace the Law on Marriage and Family in 1959 including 57 that there is no specific provision regulations on this. In 2000, the separation problem is put on the Draft Law on Amending and Supplementing the Law on Marriage wedding photographers and Family in 1986 but not yet approved by Congress. And after 14 years, to date, this issue has once again been included in the draft amendments and supplements to the Law on Marriage & Family in 2000 but did not get through Congress in the 7th session of the National Assembly wedding photographers XIII on 19 May 06 2014.
In addition to these objective reasons given are also many take the view that the statutory "separation" wedding photographers in the Act is not required by the Law on Marriage and Family Vietnam 2000 has indirectly acknowledged the separation mechanism between spouses themselves by allowing "shared common property of the spouses during the marriage."
Although between "separation" and "husband wedding photographers and wife divide their common property" as there are similarities does not end the marriage relationship between husband and wife, or husband or wife is not married to the other person, but about the nature, these two concepts completely different.
First, the purpose of "separation" is a temporary solution to address emotional aspects, conflict clearance spouses, wedding photographers giving them a period of time necessary to carefully consider before making a decision whether to divorce or not. And "division of property during marriage" is to resolve property issues related to marital stability, ensure the property interests of the spouses and family members.
Second, under Article 30 of the Law on Marriage & Family 2000, spouses have the right to share a part or the whole of the common property. Accordingly, only the portion of the property was divided as separate property of the spouses, the remaining assets are not divided, wedding photographers it remains in the common property. Thus, the common property regime of the spouses still exist. As for regulations wedding photographers "separation" is "community property wedding photographers shall terminate as special project or product separation" (Article 168, Civil Law Department Saigon 1972), ie the termination of the common property wedding photographers regime wife .
The manufacture of the "separation" in the Draft Law on Marriage & Family modifications through Congress meant the law of our country today only recognizes two methods to resolve conflicts is the husband and wife through mediation and through the termination of marriage by divorce. However, to ensure wedding photographers freedom wedding photographers to dispose wedding photographers of the conjugal relationship; meet the requirements of real-life marriage of couples Vietnam today; contribute to the transparency of marital wedding photographers status and integration with regulatory wedding photographers trends recognized in the laws of separation of many countries in the world today (France, Germany, Sweden, Thailand, Phili