Question summary:

Posted By: Nguyen Van Trinh (Lam Dong)

Consulting lawyer:

Hello! Thank you for submitting your question to Law Viet Phong. Regarding your question, Viet Phong Law Firm would like to advise and guide you as follows:

First, can you get the cow

?According to the situation you sent, during the grazing process, a cow got lost in your herd and you took care of the cow. this 15 days. Thus, this cow is still under the legal ownership of Mr. Nguyen Van Son.

Because, according to the provisions of Article 242 of the Civil Code 2004: This cow only belongs to you if you notify the People’s Committee of the commune, ward or town where you reside to publicly notify the owner. know and receive. And after 6 months from the date of notification to the People’s Committees of communes, wards, townships… but no one comes to receive it, this cow will belong to you. If in the case that cow is grazed freely according to custom, this time limit is one year.

Accordingly, in this situation, you must return the property, which is the cow, to the family of Mr. Nguyen Van Son.

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Pursuant to Article 599 of the obligation to return.

Persons possessing or using other people’s property without a legal basis must return them to the owner or lawful possessor of such property; if the owner or lawful possessor of such property cannot be found, it must be handed over to a competent state agency, except for the case specified in Clause 1, Article 247 of this Code. If there is no legal basis to cause damage to another person, such benefit must be returned to the damage sufferer, except for the case specified in Clause 1, Article 247 of this Code.

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Secondly, what rights do you have when taking care of the cow

?Although, that stray cow is not yours, but you have put it in the herd, herded and fed with it. own cow. Thus, your action can be understood as having merit in keeping and increasing the value of the cow. So the owner of this lost cow is obligated to reimburse the necessary expenses for the 15 days you spent keeping the cow.

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Pursuant to Article 603 of the Civil Code on payment obligations

If the property owner, lawful possessor or damage sufferer is returned to the property, he/she must pay necessary expenses that the possessor, property user, or property beneficiary has no grounds for. the law but honestly spent to preserve and increase the value of the property.

Thus, based on the above analysis, you will not be able to receive the lost cow of Mr. Nguyen Van Son. However, you will still receive fees from Mr. Nguyen Van Son once you have cared for the cow for 15 days.

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Above is the advice of Viet Phong Law Firm on catching a stray cow, is it yours? We hope that it will be useful knowledge for you to apply in your case. If you have any legal issues that need advice, please contact us via the 24/7 online legal advice center of Viet Phong Law Firm to meet with lawyers and legal experts.

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Article made by: Lawyer. Nguyen Van Dai (Viet Phong Law Firm)

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