- In which case will the divorce case as accepted by a Court be transferred to another Court for settlement?
Currently, there are two circumstances for which a Court shall make a decision transferring the file of the divorce case to another Court with the appropriate jurisdiction as follows:
- Firstly, the divorce case has been accepted by a Court but does not fall under its jurisdiction;
In principle, if the case does not fall under the Court jurisdiction, the Court shall return the petition to the petitioner without accepting it. However, if by mistake or for some other reasons, the Court has accepted a petition that does not fall under its jurisdiction, the Court shall make a decision transferring the file to the Court with the appropriate jurisdiction and remove such case from its book of acceptance. The decision shall be forwarded promptly to the Procuracy of the same level, litigants and concerned agencies, organisations, and individuals[2]. The competent Court must record it in the book of acceptance and continue to resolve in accordance with the regulations of the Civil Proceedings Code 2015; and
- Secondly, the district People’s Court requests the provincial People’s Court to pick up and resolve the divorce case which falls under the jurisdiction of the district People’s Court.
For the complex divorce cases, the district People’s Court has the right to request the provincial People’s Court to pick up and resolve the divorce case which falls under the jurisdiction of the district People’s Court. In such a case, although the divorce case has been accepted, the district People’s Court might transfer the case to the provincial People’s Court for their consideration[4].
2. In which case will the time limit for civil proceedings be re-calculated from the time of the other accepted jurisdiction?
There are many time limit for the resolution of a
divorce case such as time limit for preparation for trial, and the time-limit
for a complaint, time-limit for lodging an appeal, time limit for lodging a
protest. Among
them, only the time limit of preparation for trial can be recalculated when a legal
event occurs. However, in
accordance with applicable regulations, the time limit of preparation for trial
shall not be recalculated in case the Court transfers the file to the other competent
Court. According to the Civil Proceedings Code 2015, there are three circumstances
for recalculating the time limit of preparation for a trial as follows:
temporary suspension in the period of the first instance, temporary suspension
in the period of appeal hearing, transfer of summary procedures to the normal
resolution procedures for the case[6].
Therefore, if the Court
transfers the file to the other competent Court, the time limit shall not be
recalculated.
[2] Article 41.1 of the Civil Proceedings Code 2015.
[4] Article 37.2 of the Civil Proceedings Code 2015.
[6] Article 203.1.(b), Article 286.3, Article 317.4, Article 323.3 of the Civil Proceedings Code 2015.
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