Chương XIV Bộ luật Dân sự 2015: Quyền khác đối với tài sản

Chapter XIV

OTHER PROPERTY-RELATED RIGHTS

Section 1. Right to adjoining immovable property

Article 245. Right to adjoining immovable property

Right to adjoining immovable property means a right to be exercised on an immovable property (hereinafter referred to as obliged immovable property) to serve the exploitation of another immovable property under ownership of another person (hereinafter referred to as entitled immovable property).

Article 246. Bases for establishment of right to adjoining immovable property

The right to adjoining immovable property shall be established according to natural terrain, as prescribed by law, according to agreement or will.

Article 247. Effect of right to adjoining immovable property

The right to adjoining immovable property shall take effect to every natural and juridical person and it is transferred concurrently with the transferred immovable property, unless otherwise prescribed by law.

Article 248. Rules for exercising right to adjoining immovable property

The right to adjoining immovable property shall be exercised as agreed by the parties. If the parties fail to agree, the rules below must be followed:

1. Ensure the appropriate exploitation of the entitled immovable property in conformity with the use purposes of both entitled and obliged immovable property;

2. Do not abuse the right to the obliged immovable property;

3. Do not obstruct or hassle the exercising of right to the entitled immovable property.

Article 249. Change of exercising right to adjoining immovable property

In case the change of use or exploitation of the obliged immovable property leading the change of exercising of right to the entitled immovable property, the owner of the former immovable property must notify the owner of the latter immovable property within an appropriate period. The owner of the obliged immovable property must enable the owner of the entitled immovable property to adapt to such change.

Article 250. Obligation of owners relating to draining of rainwater

An owner of house or construction works must install water drain pipes in order that the rainwater from its roof does not run onto any adjoining immoveable properties.

Article 251. Obligation of owners relating to draining of waste water

An owner of house or construction work must install underground drains or water drainage channels to discharge waste water to the prescribed location in order that the waste water does not run and spill onto any adjoining immoveable properties or onto public streets or public places.

Article 252. Rights relating to supply and drainage of water through adjoining immoveable property

Where, due to the natural location of immoveable property, the supply and drainage of water must pass through another immoveable property, the owner of the immoveable property through which the water flows must provide an appropriate channel for the supply and drainage of water and may not hinder or prevent the flow of water.

The person using the water supply and drainage channel must minimize to the lowest possible extent any damage to the owner of the immoveable property through which the water flows when installing the water channel. If damage is caused, compensation must be made. Where water flows naturally from a higher position to a lower position and causes damage to the owner of the property through which the water flows, the person using the water supply and drainage channel shall not be liable to compensate for any damage.

Article 253. Rights relating to irrigation and water drainage in cultivation

A person having the right to use land for cultivation has the right to request neighboring land users to provide a reasonable and convenient water channel for irrigation and drainage. A person having been so requested has the obligation to grant such request. If the person using such water channel causes damage to neighboring land users, compensation must be made.

Article 254. Right of passage

1. An owner of immoveable property which is surrounded by immoveable properties of other owners such that there is no exit has the right to request one of the owners of adjoining immoveable properties to provide it with a passage to a public road on their land.

The passage shall be opened in the adjoining immoveable property which is deemed to be the most convenient and reasonable, taking into consideration the special characteristics of the location, the interests of the immoveable property which does not have an exit, and what will cause the least damage to the immoveable property through which the passage is created.

The owner of the immovable property eligible for the passage must compensate for the obliged immovable property, unless otherwise agreed.

2. The location and the length, width and height of the passage shall be agreed by the owners in order to ensure convenient passage and minimize inconvenience to the parties. If there are any disputes regarding the passage, the parties may request the authorized State body to resolve.

3. Where immoveable property is divided into more than one portion for different owners or users, upon division, necessary passages must be provided, without compensation, to persons in the interior as provided in Clause 2 of this Article.

Article 255. Right to install electricity transmission cables and communication cables through other immoveable properties

An owner of immoveable property has the right to install electricity transmission cables and communication cables in a reasonable manner through the immoveable property of other owners, but must ensure the safety and convenience of such owners. If damage is caused, compensation must be made.

Article 256. Termination of easements over adjoining immoveable property

An easement over adjoining immoveable property shall terminate in the following circumstances:

1. The entitled immovable property and the obliged immovable property belong to ownership rights of a person;

2. The use and exploitation of the immovable property do not arise the needs of enjoying rights;

3. Upon agreement of contracting parties;

4. Other bases as provided by law.

Section 2. USUFRUCT RIGHT

Article 257. Usufruct right

Usufruct right means the right to use a property, under ownership of another entity, and enjoy its yield or income in a specific period of time.

Article 258. Bases for establishment of usufruct right

The usufruct right shall be established as prescribed by law, according to agreement or will.

Article 259. Effect of usufruct right

The usufruct right shall be established from the time of transfer of the property, unless otherwise agreed or otherwise prescribed by law.

The established usufruct right shall take effect to every natural and juridical person, unless otherwise prescribed by law.

Article 260. Time limit of usufruct right

1. The time limit of usufruct right shall be agreed by the parties or prescribed by law provided that its maximum length is the full life of the first usufructary being natural person or the period of time for which the first usufructary being juridical person exists as long as it does not exceed 30 years.

2. The usufructary has the right to lease the usufruct right within a specific period of time prescribed in Clause 1 of this Article.

Article 261. Rights of usufructary

1. On his/her own or permit another person exploit, use and enjoy yield and/or income from the object of the usufruct right.

2. Request the owner of the property perform obligation to repair the property as prescribed in Clause 4 Article 263 of this Code; if the usufructary performs the obligation on behalf of the owner of property is entitled to request the owner to refund the expenses.

3. Lease the usufruct right to the property.

Article 262. Obligations of usufructary

1. Receive property under current conditions and register it if required by law.

2. Exploit the property for appropriate purposes.

3. Preserve property as if it is his/her own property.

4. Maintain and repair property periodically to ensure the normal use; restore the status of the property and remedy the bad consequences of property due to his/her poor performance of obligations in line with technical requirements or by custom of property preservation.

5. Return the property to the owner of the expiration of usufruct time limit.

Article 263. Rights and obligations of property owner

1. Dispose property without any change of the usufruct right which has been established.

2. Request a court to deprive usufruct right from a usufructary who seriously breaches his/her obligations.

3. Do not obstruct or hassle or otherwise violate the legitimate rights and interests of the usufructary.

4. Perform obligation to repair property to ensure that there is no significant decline leading the property cannot be used or lost all its utility and value.

Article 264. Right to enjoy yield and income

1. Each usufructary has ownership right to the yield and income derived from the property being the object of the usufruct right during its effective period of time.

2. If the usufruct right cease to exist before the harvest time of yields and income, the usufructary shall, upon the harvest time, be entitled to enjoy the value of yield and income received corresponding the time that person is entitled to such usufruct right.

Article 265. Termination of usufruct right

The usufruct right shall terminate in any of the following cases:

1. The time limit of usufruct right has expired;

2. As agreed by the parties;

3. The usufructary becomes the owner of the property being the subject of the usufruct right;

4. The usufructary waives or fails to exercise the usufruct right during a time limit prescribed by law;

5. The property being subject of the usufruct right no longer exists;

6. Pursuant to a decision of a court;

7. Pursuant to other provisions of law.

Article 266. Returning property upon termination of usufruct right

The property being subject of usufruct right must be returned to the owner upon the termination of usufruct right, unless otherwise agreed or otherwise prescribed by law.

Section 3. SURFACE RIGHTS

Article 267. Surface rights

Surface rights mean an entity's rights to the ground, water surface, space thereon and earth bowel of the land whose land use rights belong to another entity.

Article 268. Bases for establishment of surface rights

Surface rights shall be established by law, according to agreement or will.

Article 269. Effect of surface rights

Surface rights shall take effect from the point of time when the holder of land use rights transfer ground, water surface, space thereon and earth bowel of the land to the holder of surface rights, unless otherwise agreed or otherwise prescribed by law.

Surface rights shall take effect to every natural and juridical person, unless otherwise prescribed by relevant laws.

Article 270. Time limit of surface rights

1. The time limit of surface rights shall be established by law, according to agreement or will provided that it does not exceed the time limit of land use rights.

2. If the agreement or will does not mention the time limit of surface rights, each party is entitled to terminate any time provided that it provides a written notification to the other party within 6 months.

Article 271. Contents of surface rights

1. Each holder of surface rights has the right to exploit and use ground, water surface, space thereon, the water and the earth bowel of the land whose land use rights belong to another entity for construction, planting or cultivation provided that it is not contrary to the provisions of this Code, the law on land, construction, planning, resources, minerals and other provisions of relevant laws.

2. The holder of surface rights has the ownership rights to every property derived as prescribed in Clause 1 of this Article.

3. If part of the whole of surface rights is transferred, the transferee shall inherit the surface rights according to conditions and within the scope in proportion to the part or the whole transferred surface rights.

Article 272. Termination of surface rights

The surface rights shall terminate in any of the following cases:

1. The time limit of surface rights has expired;

2. The holder of surface rights and the holder of land use rights shall be the same;

3. The holder of surface rights waives his/her rights;

4. Surface rights of land use rights are appropriated as prescribed in law on land;

5. As agreed by the parties or as prescribed by law.

Article 273. Realization of property upon termination of surface rights

1. Upon the termination of surface rights, its holder must return ground, water surface, space thereon and earth bowel of the land to the holder of land use rights, unless otherwise agreed or otherwise prescribed by law.

2. The holder of surface rights must realize the property under ownership upon its termination, unless otherwise agreed.

If the holder of surface rights must realize the property under ownership upon its termination, the ownership of such property shall be transferred to the holder of land use rights from the termination time, unless the latter holder refuse such property.

If the holder of land use rights refuses the property while the property is required to be realized, the holder of surface rights must pay the property realization expenses.