ESTABLISHMENT OF OWNERSHIP RIGHTS WITH RESPECT TO STRAY DOMESTIC LIVESTOCK
I captured a stray domestic cow on my field on February 01, 2016. And then, I notified the People’s Committee of the Commune in public but no one reclaimed. I fed and took care of it for 2 months, it born a calf. Mr. B coming from another commune, reclaimed it. Might he take back such cow and calf?
THE LEGAL CONSULTING LETTER
First of all, FDVN Law Firm would like to give our formal greeting and grateful thanks to you. For all the things you care about, we would like to state via the following content:
According to Article 231 Civil Code 2015:
“Article 231. Establishment of ownership rights with respect to stray domestic livestock
- A person capturing a stray domestic livestock must take care of it and notify the people’s committee of the commune in which such person resides in order that a public announcement may be made notifying the owner to reclaim the stray domestic livestock. After 6 months or after 1 year, with regard to domestic livestock allowed to roam according to customary practice, from the date of the public announcement, the ownership rights with respect to domestic livestock and any offspring born thereof shall belong to the capturer.
- If the owner reclaims the stray domestic livestock, he/she must pay care remuneration and other expenses for the capturer. During the period of feeding and taking care of the stray domestic livestock, the capturer shall be entitled to half of or 50% of value any offspring born. Such person must compensate for any damage if it intentionally causes the death of the stray domestic livestock.”
You captured the stay domestic cow and notified the People’s Committee of the Commune in public on February 01, 2016. Mr. B coming from another Commune reclaimed such cow. Pursuant to the mentioned regulation above, Mr. B is entitled to take back it. However, he had to pay care remuneration and other expenses for you. Simultaneously, you also shall be entitled to 50% of value calf.
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Traslation into English: Legal Officer Bui Anh Vinh (Mr)