Civil Code of Cambodia.
Country
Type of law
Legislation
Abstract
The Civil Code of Cambodia was adopted by Royal Kram nºNS/RKM/1207/030 dated 8 December 2007 as 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 Code consists of 1305 articles, and is structured into nine Books: general rules (book one); persons (II); real rights (III); obligations (IV); particular types of contracts/torts (V); security (book six); relatives (book 7); succession (book eight); and final provisions (book nine).
PROPERTY AND REAL RIGHTS. Book III of the Civil Code lays down principles for property and real rights. The following real rights are established by this Code: 1. Ownership; 2. Possession; 3. Usufructuary real rights: (a) Perpetual lease, (b) Usufruct, (c) Right of use/right of residence, and (d) Servitude; and 4. Security rights: (a) Right of retention, (b) Statutory lien, (c) Pledge, (d) mortgage (e) and transfer of title for security purpose. Under the Code, ownership is defined as the right of an owner to freely use, receive income and benefits from and dispose of the thing owned, subject to applicable laws and regulations. In addition, article 139 defines the scope of land ownership, stating that Ownership of land extends to the areas above and below the surface of the land to the extent that the owner derives benefit therefrom, subject to applicable laws and regulations. Moreover, a landowner cannot assert the ownership over any type of statue, bas-relief, antiquity or other cultural artifact discovered in the ground. Such items comprise assets of the state, and the owner of the land is obligated to return them to the Ministry of Culture and Fine Arts (art. 141). The Code also contains a special mention to Ownership and other real rights of the state, Buddhist temples, minority ethnic groups and other communities under art. 306. According to this provision, ownership and other real rights of the state, Buddhist temples, minority ethnic groups and other communities shall be subject to the provisions of the Civil Code, except where otherwise provided by special law or custom. Finally, it's worth mentioning that under the matrimonial property system, the article 974 concerning the management and use of property establishes that Husband and wife shall have equal rights to use, enjoy the benefit from and manage the common property, and each of them shall have the right to use, enjoy the benefit from and manage their own property.
OBLIGATIONS AND CONTRACTS. Book IV defines obligations and states that an obligation may arise from a contract, unilateral legal act, management of affairs without mandate, unjust enrichment, tortious act, or provision of law. On the other hand, book five contains provisions applicable to particular types of contracts, notably: loans for consumption (arts. 578-595), where one party, called the lender, assumes an obligation to entrust the free use of money, foodstuffs, paddy or other fungible objects for a specified term to another party, called the borrower, who assumes the obligation to return objects of the same type, quality and quantity as those received from the lender upon the expiry of the said term; profit-sharing lease ( arts. 622-624), where a landowner (“lessor”) lends land or livestock to another person (“lessee”) and allows the lessee to profit therefrom subject to sharing the profits with the lessor is referred to as a “profit-sharing lease”; contracts for work (arts. 652 to 663); and the deposit (arts. 669-) with a special mention to the deposit for consumption (art. 690) and the treatment of fruits(art. 683). Finally, it also makes provision on civil liability in case of breach of contract under chapter four of the book.
INHERITANCE. Book eight settles the legal regime for succession. The book is divided into 8 chapters: general provisions (I), containing the effects and qualification for succession; statutory succession (II); testamentary succession (III); legally secured portions (IV), affecting to lineal descendants, the parents or the grand parents and the spouse of the decedent; acceptance and renunciation of succession (V); management and partition of the succession property (VI); non-existence of successors (VII); and demand for recovery of succession (VIII).
LAND. The Code contains several provisions on land rights. Appart from the already mentioned article 139 on land ownership, it's worth mentioning several provisions, namely: articles 215 to 226 regarding the indivisible joint ownership, defined by the code as co-ownership by persons who own adjacent parcels of land of a partition that distinguishes such parcels of land or buildings on the land from each other; art. 243 (Protection of occupant of immovable prior to the enforcement); usufruct over land (art. 258.3) and the right to collect natural fruits (art. 261); and land rights created by concession (art. 307).
WATER. The Codecontains several provisions on rights and obligations regarding freshwater resources linked to servitudes. For instance, the owner of a lower parcel of land must accept water flowing naturally from higher land (art. 145), and may not construct any bank, dam (or sluice), wall or other type of structure that blocks the flow of water onto the land. There exists also an obligation to preserve the flow of water where necessary for agricultural purposes (art. 147). On the other hand, the Code acknowledges the right to establish an irrigation channel (art. 148); the right to use rainwater (art. 146) to the owner of higher lying land; the right to drain water after irrigation (art. 149); and the right to drain water of flooded land (art. 150). The Code also makes provision on ownership of alluvial deposit (arts. 179-180) and ownership of island or alluvial bed in the middle of river (art. 182).
LIVESTOCK AND ANIMAL PRODUCTION. The Code contains some provisions related to livestock. In matter of ownership rights, it is worth mentioning article 189 (Ownership of escaped animals). According to this provision, a person who possesses in good faith animals other than livestock raised by another or birds other than poultry raised by another shall acquire ownership thereof unless the person who raised such animals or birds demands their return within one month of the time of their escape. In matter of special contracts, articles 622 to 624 regulate profit-sharing lease. According to article 622, the profit-sharing lease is a contract whereby a landowner [(“lessor”)] lends land or livestock to another person [(“lessee”)] and allows the lessee to profit therefrom subject to sharing the profits with the lessor is referred to as a “profit-sharing lease”. Moreover, article 750 fixes the regime for the liability of the animal possessor for damages for any harm caused to another by the possessed animal.
FISHERIES. Article 190 refers to the Ownership of fish living in pond, and establishes that fish living in a pond, swamp or other body of water owned by another shall belong to such owner.
PROPERTY AND REAL RIGHTS. Book III of the Civil Code lays down principles for property and real rights. The following real rights are established by this Code: 1. Ownership; 2. Possession; 3. Usufructuary real rights: (a) Perpetual lease, (b) Usufruct, (c) Right of use/right of residence, and (d) Servitude; and 4. Security rights: (a) Right of retention, (b) Statutory lien, (c) Pledge, (d) mortgage (e) and transfer of title for security purpose. Under the Code, ownership is defined as the right of an owner to freely use, receive income and benefits from and dispose of the thing owned, subject to applicable laws and regulations. In addition, article 139 defines the scope of land ownership, stating that Ownership of land extends to the areas above and below the surface of the land to the extent that the owner derives benefit therefrom, subject to applicable laws and regulations. Moreover, a landowner cannot assert the ownership over any type of statue, bas-relief, antiquity or other cultural artifact discovered in the ground. Such items comprise assets of the state, and the owner of the land is obligated to return them to the Ministry of Culture and Fine Arts (art. 141). The Code also contains a special mention to Ownership and other real rights of the state, Buddhist temples, minority ethnic groups and other communities under art. 306. According to this provision, ownership and other real rights of the state, Buddhist temples, minority ethnic groups and other communities shall be subject to the provisions of the Civil Code, except where otherwise provided by special law or custom. Finally, it's worth mentioning that under the matrimonial property system, the article 974 concerning the management and use of property establishes that Husband and wife shall have equal rights to use, enjoy the benefit from and manage the common property, and each of them shall have the right to use, enjoy the benefit from and manage their own property.
OBLIGATIONS AND CONTRACTS. Book IV defines obligations and states that an obligation may arise from a contract, unilateral legal act, management of affairs without mandate, unjust enrichment, tortious act, or provision of law. On the other hand, book five contains provisions applicable to particular types of contracts, notably: loans for consumption (arts. 578-595), where one party, called the lender, assumes an obligation to entrust the free use of money, foodstuffs, paddy or other fungible objects for a specified term to another party, called the borrower, who assumes the obligation to return objects of the same type, quality and quantity as those received from the lender upon the expiry of the said term; profit-sharing lease ( arts. 622-624), where a landowner (“lessor”) lends land or livestock to another person (“lessee”) and allows the lessee to profit therefrom subject to sharing the profits with the lessor is referred to as a “profit-sharing lease”; contracts for work (arts. 652 to 663); and the deposit (arts. 669-) with a special mention to the deposit for consumption (art. 690) and the treatment of fruits(art. 683). Finally, it also makes provision on civil liability in case of breach of contract under chapter four of the book.
INHERITANCE. Book eight settles the legal regime for succession. The book is divided into 8 chapters: general provisions (I), containing the effects and qualification for succession; statutory succession (II); testamentary succession (III); legally secured portions (IV), affecting to lineal descendants, the parents or the grand parents and the spouse of the decedent; acceptance and renunciation of succession (V); management and partition of the succession property (VI); non-existence of successors (VII); and demand for recovery of succession (VIII).
LAND. The Code contains several provisions on land rights. Appart from the already mentioned article 139 on land ownership, it's worth mentioning several provisions, namely: articles 215 to 226 regarding the indivisible joint ownership, defined by the code as co-ownership by persons who own adjacent parcels of land of a partition that distinguishes such parcels of land or buildings on the land from each other; art. 243 (Protection of occupant of immovable prior to the enforcement); usufruct over land (art. 258.3) and the right to collect natural fruits (art. 261); and land rights created by concession (art. 307).
WATER. The Codecontains several provisions on rights and obligations regarding freshwater resources linked to servitudes. For instance, the owner of a lower parcel of land must accept water flowing naturally from higher land (art. 145), and may not construct any bank, dam (or sluice), wall or other type of structure that blocks the flow of water onto the land. There exists also an obligation to preserve the flow of water where necessary for agricultural purposes (art. 147). On the other hand, the Code acknowledges the right to establish an irrigation channel (art. 148); the right to use rainwater (art. 146) to the owner of higher lying land; the right to drain water after irrigation (art. 149); and the right to drain water of flooded land (art. 150). The Code also makes provision on ownership of alluvial deposit (arts. 179-180) and ownership of island or alluvial bed in the middle of river (art. 182).
LIVESTOCK AND ANIMAL PRODUCTION. The Code contains some provisions related to livestock. In matter of ownership rights, it is worth mentioning article 189 (Ownership of escaped animals). According to this provision, a person who possesses in good faith animals other than livestock raised by another or birds other than poultry raised by another shall acquire ownership thereof unless the person who raised such animals or birds demands their return within one month of the time of their escape. In matter of special contracts, articles 622 to 624 regulate profit-sharing lease. According to article 622, the profit-sharing lease is a contract whereby a landowner [(“lessor”)] lends land or livestock to another person [(“lessee”)] and allows the lessee to profit therefrom subject to sharing the profits with the lessor is referred to as a “profit-sharing lease”. Moreover, article 750 fixes the regime for the liability of the animal possessor for damages for any harm caused to another by the possessed animal.
FISHERIES. Article 190 refers to the Ownership of fish living in pond, and establishes that fish living in a pond, swamp or other body of water owned by another shall belong to such owner.
Attached files
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Date of text
Entry into force notes
The original in Khmer was submitted to the Council of Ministers in June 2003
Repealed
No
Source language
English
Legislation Amendment
No
Implemented by