Before my parents died, they left a plot of land with an area of 200 m2 for me and my brother. Recently, there was a project which will be implemented on that land lot. Thus, some people came to my house and expected to buy the land.
My brother needs money to open a coffee shop, so he suggested that I sell the above land and we will share the earnings. However, I did not agree.
Last week, on the anniversary of my parents' death, my brother let me get drunk, then tricked me into signing a contract to sell the land that my parents. Yesterday, when passing the land, I saw some people putting up stakes and preparing to build a construction. Please kindly advise me that in this case, can I take back my parents' land lot?
According to Article 117 of Civil Code 2015 on the conditions for effective civil transactions:
“1. A civil transaction shall be effective when it satisfies all of the following conditions:
a) Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction;
b) Participants in the transaction act entirely voluntarily;
c) The purpose and contents of the transaction are not contrary to the law and/or social ethics.
2. The forms of civil transactions shall be the conditions for its effectiveness in cases where it is so provided for by law.”
Thus, one of the conditions for a civil transaction to be effective is that the subject participating in the civil transaction must be capable and completely voluntary.
According to Article 128 of Civil Code 2015 on the invalidity of civil transactions established by a person lacking in cognition and behavior control: “A person who has legal capacity but has entered into a civil transaction at the time of he/she is lacking in cognition and behavior control shall have the right to request a court to declare such civil transaction invalid.”
Thus, at the time of establishing the transaction, a person not aware of and controlling his or her behavior, he or she has the right to request the court to declare the civil transaction invalid.
Going back to your case, according to the information you provided, before signing the contract with your brother, you drunk. These drinks affected your ability to perceive and control your behavior and cause intoxication.
Therefore, you need to collect documents, evidence, and witnesses to prove that at the time of transaction establishment, you are intoxicated, not aware of and control your behavior and participated in the transaction involuntarily to obtain a basis to request the Court to declare that civil transaction invalid.
Mai Quốc Việt – FDVN Law Firm
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