Abstract In real estate transactions, it is not uncommon for land use rights to be mortgaged to a bank while the land user still wishes to transfer those rights to another person. This raises an important legal question: Can mortgaged land be transferred? If so, what conditions must be satisfied, and what are the legal […]
I. Introduction In commercial transactions, ensuring the fulfillment of obligations by the parties plays a pivotal role in reducing risks and enhancing trust. Two commonly used methods in Vietnam are bank guarantees and asset mortgages. Each method has its own advantages and disadvantages regarding legal framework, enforcement efficiency, and costs, which directly impact business operations. […]
In practice, it is not uncommon for a landowner to enter into a deposit agreement for the transfer of land use rights while such rights are currently mortgaged to a bank. The critical legal question is whether the deposit agreement executed under these circumstances is valid and enforceable. 1. Governing Legal Framework The legal nature […]
INTRODUCTION In credit-granting activities, particularly for loans financing construction projects, housing purchases, machinery and equipment acquisition, or production expansion, banks are often required to accept future-formed property as collateral. This type of property does not yet exist at the time of contract execution or has not yet come under the ownership of the borrower, but […]