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The stewardess was run over by Mercedes: “Phong’s family didn’t ask a question” |
The lawyer questioned the defendant to name the house to avoid compensation
Before that, in the interrogation section, the defendant Phong stated that the only property was the house while in detention and signed for his mother. Currently the accused has no other assets to compensate. Defendant Phong stated that at the time of his arrest, his mother and the person from the notary’s office asked him to sign the papers. Defendant Phong only signed and did not know what document it was.
Ms M. (Phong, the defendant’s mother) said that after Phong caused the accident and was later arrested, when she learned the amount of compensation she knew, the defendant Phong in the detention center said that he would promise that the house would make up for it. . It was his idea to change the name of the house, because the amount of compensation was too large, he intended to take the house to mortgage. But because the house did not have a red book, the bank disagreed, so she changed the name of the house to someone else.
Ms M. added that this house belonged to Phong’s grandfather for money to buy, but at the time he had no papers, so he let Phong be on behalf of the house to help. Currently, this house is the only accommodation for Ms. Phong and the accused children. If it is sold as compensation, your family has nowhere to live.
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A terrible accident caused the flight attendant to be seriously injured |
When arguing at the court hearing, the lawyer who defended the legitimate rights and interests of the defendant believed that the defendant was liable for compensation, but the transfer of property was not reasonable.
At the same time, according to the lawyer, the investigation agency allows relatives to come to see Phong to transfer the property, during the time that the defendant is detained and must take charge of the amount that the defendant compensates more than 1.8 billion , is “delicate matter”.
The defendant’s property transfer at this time resulted in 2 damages, of which one died, the other was 79% disabled, without receiving compensation. Meanwhile, the tree company received 29 million VND, the owner of the car hired by the defendant Phong received compensation of 150 million VND.
The lawyer proposes that the Panel consider canceling the transfer of the defendant’s house to the mother, applying measures to distract the defendant’s assets to avoid the dispersion of the defendant’s assets, ensuring the execution of the sentence.
You can initiate lawsuits to invalidate asset transactions.According to lawyer Le Trung Phat (director of Le Trung Phat law firm), the defendant Phong was arrested without being deprived of the right to dispose of his property. During his detention, Phong continues to exercise property rights. Phong is in custody, so his right to travel is restricted, the signing of a property transfer contract in this case cannot be done at a notary’s office. The notary must go to the place where the accused is temporarily detained to carry out the procedures and send a letter of recommendation from the notary’s office to the police station where the accused is located. After obtaining permission from the law enforcement agency, the notary can access the accused to sign notarized transfer documents. Usually, when notaries bring a letter of recommendation from the office, they also provide the police with a written proposal that the defendant will sign. According to attorney Phat, it is possible to challenge the house name change in this case to disperse the property and not have to compensate the victim for the damages. In the case of “Mercedes driver causing an accident” above, in order to protect rights and interests, victims must apply to court to take temporary urgent measures to prevent all transactions. birth, ensuring the execution of the sentence. Subsequently, the defendants will initiate a civil lawsuit to declare the other transaction invalid, according to article 124 of the Civil Code 2015.
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