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.
Inhaltsverzeichnis (Table of Contents)
- I. Introduction
- A. The New Civil Code
- B. History of the Cambodian Civil Code
- 1. French Protectorate and Socialist Regime
- 2. Khmer Rouge Regime and the State of Cambodia
- 3. Laws on Civil Matters
- II. General Overview of the New Civil Code
- A. Subject Matter of the Civil Code
- B. Challenges in Implementation
- C. Function of the Civil Code within the Cambodian Legal System
- 1. Private Law and Public Law
- 2. Boundaries between Private, Penal, and Public Law
- D. Application of the Civil Code
- 1. General Aspects
- 2. Claims, Obligations, and Legal Grounds
- 3. Interpretation of Provisions
- 4. Form of Civil Code Provisions
- 5. Incorporation
- III. Overview of the Content of the Civil Code
- A. Book 1 "General Provisions"
- B. Book 2 "Persons"
- 1. General Aspects
- 2. Definition of "Person"
- 3. Natural Persons
- 4. Legal Persons
- 5. [unclear]
- C. Book 4 "Obligations"
- 1. General Aspects
- 2. Obligations
- 3. Freedom of Will and Expression of Will
- 4. Unilateral Acts
- 5. Contracts
- D. Abstract Principles
- 1. General Characteristics
- 2. Effect on Property Rights
- 3. Effect on Invalid Contracts
- 4. Prescription of Rights to Claims (Article 480)
- E. Book 3 "Property Rights"
- 1. General Aspects
- 2. Property Rights
- 3. Objects and Rights
- 4. Movable and Immovable Property
- 5. Components of Objects
- 6. Possession and Ownership
- 7. Transfer of Ownership of Movable Property
- 8. Transfer of Ownership of Immovable Property
- 9. Other Property Rights
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This text provides an introduction to the Cambodian Civil Code, outlining its historical development, structure, and key principles. The objective is to offer a concise overview of the code's content and its place within the Cambodian legal system. * Historical context of the Cambodian Civil Code * Key principles and definitions within the Code * Structure and application of the Code * Relationship between different areas of law (private, public, penal) * Challenges in implementing the CodeZusammenfassung der Kapitel (Chapter Summaries)
**I. Introduction**: This introductory chapter sets the stage by presenting the new Cambodian Civil Code and tracing its historical development. It briefly touches upon the legal landscape during the French protectorate, the Khmer Rouge era, and the subsequent periods, highlighting the evolution of civil law in Cambodia. The chapter also lays the groundwork for a deeper understanding of the code's structure and function within the Cambodian legal system. It acts as a necessary preface to understanding the intricacies that follow. **II. General Overview of the New Civil Code**: This chapter provides a broad overview of the Cambodian Civil Code, examining its scope and purpose. It discusses the subject matter covered within the code, shedding light on the various aspects of private law addressed by its provisions. Furthermore, it delves into the challenges faced in implementing the code and its interaction with other branches of Cambodian law, such as public and penal law, outlining the intricate relationships and potential areas of conflict. The section on application provides insight into how the code is practically used and interpreted. **III. Overview of the Content of the Civil Code**: This chapter delves into the specific content of the Cambodian Civil Code, providing an overview of its different books. A major focus is on Book 1 (General Provisions), Book 2 (Persons), Book 3 (Property Rights), and Book 4 (Obligations). Each section offers a general overview along with a summary of important concepts, for example, defining "person" and delving into the specifics of property rights, contracts, and obligations. This chapter is crucial in understanding the practical application and the core principles that underpin the entire legal framework of the code.Schlüsselwörter (Keywords)
Cambodian Civil Code, Private Law, Public Law, Penal Law, Property Rights, Obligations, Contracts, Legal Persons, Natural Persons, History of Cambodian Law, Legal Implementation, Cambodian Legal System
Frequently Asked Questions: Cambodian Civil Code Overview
What is this text about?
This text provides a comprehensive preview of a publication introducing the Cambodian Civil Code. It includes a table of contents, objectives and key themes, chapter summaries, and keywords. The content aims to offer a structured and professional analysis of the Code for academic use.
What topics are covered in the Table of Contents?
The table of contents outlines three main sections: I. Introduction (covering the new Civil Code and its historical development), II. General Overview of the New Civil Code (exploring its subject matter, implementation challenges, function within the Cambodian legal system, and application), and III. Overview of the Content of the Civil Code (detailing the content of Books 1, 2, 3, and 4, including general provisions, persons, property rights, and obligations).
What are the main objectives and key themes of the text?
The text aims to provide a concise overview of the Cambodian Civil Code, covering its historical context, key principles and definitions, structure and application, the relationship between different areas of law (private, public, penal), and the challenges in implementing the code.
What are the chapter summaries?
The introduction sets the stage by presenting the new Civil Code and tracing its historical development. The general overview examines the code's scope, purpose, challenges in implementation, and interaction with other branches of law. Finally, the overview of the code's content delves into the specifics of its different books, focusing on key concepts within each.
What are the keywords associated with this text?
Keywords include Cambodian Civil Code, Private Law, Public Law, Penal Law, Property Rights, Obligations, Contracts, Legal Persons, Natural Persons, History of Cambodian Law, Legal Implementation, and Cambodian Legal System.
What is the structure of the Civil Code overview presented in the text?
The overview is structured into three main parts: an introduction providing historical context; a general overview discussing the code's scope, application, and challenges; and a detailed overview of the code's content, book by book. Each part builds upon the previous one, providing a progressively more detailed understanding of the Cambodian Civil Code.
What are the key challenges in implementing the Cambodian Civil Code?
While the specific challenges aren't detailed, the text highlights that challenges in implementing the code are a key area of focus within the general overview section.
How does the Cambodian Civil Code relate to other areas of Cambodian law?
The text emphasizes the relationship between the Civil Code and other branches of Cambodian law, specifically private, public, and penal law, noting the intricate relationships and potential areas of conflict.
Who is the intended audience for this text?
The text is intended for academic use, supporting the analysis of themes within the Cambodian Civil Code in a structured and professional manner.
Where can I find more information about the Cambodian Civil Code?
This text serves as an introduction. Further details on the specific articles and nuances of the code would require consulting the full text of the Cambodian Civil Code itself and related scholarly works.
- Quote paper
- Peter Becker (Author), 2015, Introduction on The Civil Code of Cambodia, Munich, GRIN Verlag, https://www.grin.com/document/266844
