Former judge Pham Cong Ut spoke about the vacation ownership dispute

Politics

Bullies don’t change their behavior!!

One thing I have noticed is that bullies are weak people. They may have a strong attack and may be vicious but they usually don’t seem to be stable, focused and especially don’t handle things well when the “Shoe is on the other foot”. “Quote from E.Zia

More than one incident, one article or even the DDoS malicious attack on our web-site lead us to look for patterns. Although affluent financially enough to always hide behind his gang of lawyers and high ranking employees you can definitely see the special touch of the “the Leader” Mr Igal Ahouvi. A decision to fight a poor Vietnamese Lawyer that his only crime was to represent Clients of ALMA who felt cheated instead of addressing the issues of misleading presentations and late delivery of 3 years only shows this bully pattern! Maybe now the shoe is on somebody else foot!!

Disclaimer; This article was published in 2017 and we did not edit or intervene in its original content. The translation was done by google translate for the sole purpose of objectivity in the wordings.

Reatimes.vn “The Alma Company topic is heavily published, not one or two papers. As such, they did not sue any newspaper but sued lawyer Truong Anh Tu. They sue because the answer in the newspaper is a wrong one”, lawyer Pham Cong Ut says.

Correspondent: Dear lawyer, Alma Company recently filed a lawsuit to sue lawyer Truong Anh Tu for compensation of VND 82 billion. Tracking the incident, what is your opinion?

Former Judge Pham Cong Ut: Firstly, if a person sues for a statement in the newspaper, he needs to sue the newspaper first. The Editorial Board and the Editor-in-Chief are the ones responsible for posting those articles, rather than suing the respondent or presenting the opinion or writer of the article.

According to the Press Law, the person in charge is still that newspaper, headed by the Editor-in-
Chief. You can only sue individuals when they leave the newspaper, they write on their personal

According to the Press Law, the person in charge is still that newspaper, headed by the Editor-in-Chief. You can only sue individuals when they leave the newspaper, they write on their personal pages they are personally responsible.

But if on the facebook page they link to the newspapers and point out, there are two places where the abused person can sue. Firstly, sue the newspaper. Second, sue the owner of the facebook page, requesting removal from the personal page. Although, he led the link, but I did not sue the newspaper, the link that sued the status posted affected my reputation.

Thus, the first problem is identifying the subject. Here the subject of that company are many newspapers, not one, two sheets. As such, they did not sue any newspaper but sued lawyer Truong Anh Tu. They sued because the answer on such newspapers was wrong.

In this case, the spokesman is the person with whom the obligation is related and cannot be the defendant. The defendant must be a newspaper.

Former judge Pham Cong Ut.

The second issue is to claim damages outside the contract. If he asks for compensation, he has to prove what the damage is. The articles bring back or the facebook page brings. That is, there must be a causal relationship between this damage and a statement on facebook or a newspaper interview.

This must have a causal link between behavior and consequences. The causal relationship here is between the published article and your consequences. Thus, the lawyer who advises the lawsuit on the side of the lawsuit must prove that the lawyer said that he has committed misconduct, fabricated, has consequences, and has a causal link. 

Another problem is the error. The error is intentional or unintentional. For example, lawyer Truong Anh Tu fabricated or people said truthfully. People say you sell vacations or houses but you don’t have them, sell them on paper and still get a lot of money, are people right or wrong? Assuming that people are right there is no fault. If it is false, then it must be considered whether it was intentional or unintentional. 

Suppose in this case, the lawyer advises clients that the company deceives them, whether the lawyer verifies the case or not. If the lawyer mistakenly thinks about the customer’s information, it is an unintentional error. And if the client said the company did not cheat me but the lawyer said, this is just a paper vacation only can not come true, that is, he has fabricated intentionally.

As for the consequences, he had to prove material and non-material damage. What material damage is he also have to have vouchers and vouchers. As for non-material damage, the State shall control the ceiling not exceeding 30 months’ base salary. Very low. 

Thus, this damage without invoices and documents, he could not bring up to 82 billion. Because people have behaviors and you must prove the consequences and must prove their faults. 

Reporter: Currently the lawsuit between project owner Alma and lawyer Truong Anh Tu has been accepted by the court. Many years as a judge, how do you predict the next evolution? 

Former judge Pham Cong Ut: The court accepted. For trial, the lawyers will accompany lawyer Truong Anh Tu. Accompanying to protect the rights of colleagues because this is the legitimate rights of colleagues. Therefore, in case Mr. Tu is sued, I believe that there will be hundreds of other lawyers who will stand up for their rights, including me. 

Reporter: Regarding the lawsuit of the project owner Alma, some lawyers said that the court will return the file. What do you say about this? 

Former judge Pham Cong Ut: No one can speak for the trial panel before the court has brought the case to trial. So those are just speculations. 

However, with the experience of lawyers participating in long-term non-criminal litigation trials, one can determine whether the company will win or lose. 

Reporter: Thank you for the discussion! 

Tuấn Minh (implementation) »

You’re reading the Old Judge Pham Cong Ut voiced ownership disputes in the category holiday Legal property of the Journal of Real Estate Vietnam . Any suggestions and sharing information, please send them to batdongsantapchi@gmail.com

SHOULD READ

READ MORE

Leave a Reply

Your email address will not be published. Required fields are marked *