Identifying The Bona Fide Third Party in Public Transactions Under the Current Vietnam Public Code

Abstract

A bona fide third party in a Public transaction is not required to return property to the owner as prescribed in Clauses 1 & 2, Article 133 of the Public Code. In addition, this person is also not required to return property in some cases according to the provisions of the law on marriage and family, Public judgment enforcement and property auction. If not falling into the cases of not requiring the property return, this person must return the property to the owner and have his/her interests protected as prescribed by law. Therefore, the identification of the “third person”, “bona fide” and the element of “bona fide third party” will clarify the concept as well as the identifying signs of this person.