[FREE LEGAL ADVICE]

QUESTION

Dear Attorney, I have a matter of wanting to consult your lawyer. The thing is, a friend of mine borrowed money from me but didn't pay it off. I have given begging many times but still only get interest but principal is not enough. I filed a lawsuit with the Court and the Court accepted the case, I have also paid a full advance. Unfortunately, my friend later had an accident and passed away. I want to ask if my friend died, how to solve this case? It is known that my friend's family has no one and no wife or children yet. 

ANSWERS
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:

Pursuant to Point a, Clause 1, Article 217 of the 2015 Civil Code, after accepting the case under its jurisdiction, the Court shall issue a decision to suspend the resolution of the civil case in case the defendant is an individual has died. but their rights and obligations are not inherited.

Pursuant to Clause 2, Article 218 of the 2015 Civil Code, if the Court issues a decision to suspend the resolution of a civil case under Point a, Clause 1, Article 217, the court cost advance payment that the involved parties has paid added to the state fund.

Relating to your question, because your friend or the defendant in this case is a dead individual whose rights and obligations are not inherited, the Court will decide to suspend the case. As for the court fee advance that you filed when you filed the lawsuit, it will be added to the state budget. 

The content upon is our answer to your question. If you ever need free legal consultancy service, please message us on the Fanpage or contact us through the hotline (84–28) 2253 7956 or website www.medlaw.vn.