On December 08, 2007 the new Civil Code of Cambodia was promulgated by Royal Kram № NS/RKM/1207/030. Together with the Criminal Code, the Civil Procedure Codes, and the Criminal Code it was defined as both a fundamental law as well as a strategic objective of the Council for the Legal and Judicial Reforms.
This legislation was part of the first phase of the “Plan of Action for Implementing the Legal and Judicial Reform Strategy” which was implemented by the Royal Government of Cambodia on 29 April 2005. The impetus for the Cambodian government to set out a policy on legal and judicial reform came from the plan to enter WTO. Due to the fact that most of the legal provisions dealing with civil matters have been scattered and insufficient, a compilation of those legal texts followed by updated provisions was required. This was the impetus for drafting a new Civil Code with a unified, consistent, and complete set of civil laws. This is why the Civil Code has become the core piece of legislation in the private law sector regulating the most areas of private life, including business activities and property rights.
Table of Contents
I. Introduction
A. The new Civil Code
B. Historical Background of Civil Code of Cambodia
1. French Protectorate and the Sihanouk Period
2. The Khmer Rouge and The Republic Kampuchea
3. Laws on Civil Matters
III. Overview the new Civil Code
A. The Subjects of the Civil Code
B. The Application Problem
C. The Position of the Civil Code in the legal System of Cambodia
1. Civil Law and Private Law
2. The Borderline between Private Law, Criminal Law and Public Law
D. How does the Civil Code Work
1. Overview
2. Claims, Obligations and their legal foundation
3. Interpretation of Legal Regulations
4. The format of Legal Regulations of the Civil Code
5. Subsumption
IV. Overview over the Substance of the Civil Code
A. Book 1: General Rules
B. Book 2: Persons
1. Overview
2. Definition of Persons
3. Natural Persons
4. Juristic Persons
5. Problem
C. Book 4: Obligation
1. Overview
2. Obligation
3. Free Will and Expression of Intention
4. Unilateral Acts
5. Contracts
D. Abstraction Principle
1. General Features
2. Effects on Ownership
3. Effect on Invalid Contract
4. Extinctive Prescription regarding Claims (Art. 480 ff.)
E. Book 3: Real Rights
1. Overview
2. Property Rights
3. Things and Rights
4. Movables and Immovables
5. Components of Things
6. Possession and Ownership
7. The Acquisition and Transfer of Immovable
8. Other Real Rights
9. General Problem
F. Book 5: Particular Types of Contracts/Torts
1. Overview
2. Contract on Sale
3. Other Contracts on the Transfer of Ownership
4. Contract on the Use of Objects
5. Contract on Services
6. Management of Affairs without Mandate (Art. 729 ff.)
7. Unjust Enrichment
8. Torts
G. Book 6: Security (Hypothec, Guaranty etc.)
H. Book 7: Relatives (Family Law)
I. Book 8: Succession (Inheritance)
J. Book 9: Transitional Matters
IV. The Application Technique
A. General Rules - Case 1 (Book 1)
B. General Rules - Case 2 (Book 1)
C. Persons (Book 2)
D. Right of Obligations (Book 4)
E. Real Rights/Property Rights (Book 3)
Objectives and Themes
This work provides an introduction to the Civil Code of Cambodia, aiming to explain the fundamental principles and structure of the new legislation to legal practitioners and students, thereby facilitating its application in practice. The work focuses on the following thematic areas:
- The historical context and the modernization of Cambodian civil law.
- The fundamental role of private autonomy and the concept of free will.
- The structure and classification of the Civil Code, including rights, obligations, and real rights.
- The principles of abstraction, bona fide acquisition, and the management of legal disputes.
- Practical application through case studies to demonstrate how the law is interpreted and applied to concrete situations.
Excerpt from the Book
B. THE APPLICATION PROBLEM
Difficulties will arise in applying the Civil Code in practice, as this type of legislation has no tradition at the courts and in society in Cambodia, in terms of both form and substance. The code was drafted based on the perceptions and ideas of the Japanese Civil Code. The Japanese Civil Code stems from the German Civil Code which was enacted on 01.01.1900. The German Civil Code is based on a very stringent structure and terminology that has been developed over a period of several centuries (so called Pandekt – law). The basic ideas have their roots in the Roman Law (ius civile), particularly in the codex iuris civile enacted by the East Roman Emperor Justinian in the middle of the 6th century. In the English translation of the text a large part of the wording of the Cambodia Civil Code is still identical with the German source text. Needless to say, this makes it very difficult to express the ideas in Khmer without creating artificial words. Therefore, it will be difficult for lawyers, judges, and other legal practitioners to interpret this text. The interpretation of the code is also a problem because a special legislation technique (bracket technique) is used, where the interpretation of legal terms is stipulated in some parts and has to be employed in other parts. This guarantees on the one hand the consistence of the law, but makes it mostly impossible to understand single regulations without having a good knowledge with regard to the whole code.
Summary of Chapters
I. Introduction: Provides an overview of the promulgation and background of the new Civil Code of Cambodia, highlighting its role in the modernization of the country's legal system.
II. Historical Background of Civil Code of Cambodia: Outlines the historical evolution of Cambodian civil law, from the French protectorate to the impact of the Khmer Rouge regime and the subsequent liberalization.
III. Overview the new Civil Code: Examines the structure and methodology of the Civil Code, emphasizing the legal definitions and interpretation techniques used.
IV. Overview over the Substance of the Civil Code: Details the contents of the various books of the Civil Code, including rules on persons, obligations, real rights, and succession.
IV. The Application Technique: Discusses practical application methods through specific legal case studies to clarify the interpretation of code articles.
Keywords
Civil Code, Cambodia, Private Law, Obligations, Real Rights, Property Law, Contract Law, Succession, Legal Capacity, Good Faith, Abstraction Principle, Bona Fide Acquisition, Family Law, Tort Law, Legal Interpretation
Frequently Asked Questions
What is the primary purpose of this work?
The work serves as an introduction to the Civil Code of Cambodia, designed to help legal professionals and students understand the complex structure and concepts of the new civil law framework.
Which areas of law are covered in the Civil Code?
The Code covers a wide range of topics, including general rules, the status of persons, obligations (contracts and torts), real rights (property law), family law, and succession (inheritance).
What is the core objective of the Cambodian Civil Code?
The primary goal is to establish a unified, consistent, and complete set of civil laws that promote good governance and modernize the country's legal sector.
What legal methodology does the work apply?
The book employs the "subsumption" method, where legal rules are compared with specific facts of a case to derive a legal conclusion, a standard approach in civil law systems.
How are contracts structured under the new Civil Code?
Contracts are based on the principle of private autonomy and the matching of intentions, where parties can create obligations as long as they do not violate law or public order.
Which legal concepts are crucial for understanding the Code?
Key concepts include the principle of good faith, the abstraction principle (which separates contractual and real-law agreements), and the principle of private autonomy.
How does the Code address property rights for stolen items?
The Code provides a framework for bona fide acquisition, where an innocent purchaser may become the owner, although the original owner retains specific rights of restitution under certain conditions.
What is the significance of the "abstraction principle"?
It ensures legal certainty by distinguishing between the validity of the underlying contract and the validity of the actual transfer of ownership, making property transactions more secure.
How is the "minor sales" case resolved?
The work demonstrates that contracts involving minors can be rescinded unless they are acts conducted in the course of daily life, emphasizing the special protection provided to minors.
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- Peter Becker (Author), 2015, Introduction on The Civil Code of Cambodia, Munich, GRIN Verlag, https://www.grin.com/document/266844
