The Law comprising of six chapters and 44 articles, sets out the principles, mechanisms, procedures, and rules related to trade remedies.
Although marriage is common, the rights and obligations of spouses during and after marriage are not well known to the Cambodian public. The Cambodian Civil Code of adequately regulates most aspects of marriage, including the age of marriageability, registration, marital property, and household expenses.
Cambodian law additionally protects married women from domestic violence, bigamy and desertion. The law also adequately regulates the consequences of a judicial termination of a registered marriage; however, it does not regulate the rights and the obligations of a couple who fails to legally register their marriage at the civil registry, or the rights of a separated couple who fails to obtain a legal divorce through the court.
The consequences of the failure to register a marriage or obtain a divorce from the courts can be far reaching, in particular for women. These gendered aspects of marriage and divorce in Cambodia are discussed below.
MARRIAGE Cambodian law regulates the institution of marriage properly and in line with international standards; however, its implementation — or lack thereof — can have a disproportionate impact on women due to societal traditions.
Limitations on Who Can Marry In Cambodian law, the rules regulating those who can marry fail to protect both women and men as intended. Cambodian law forbids child marriages, setting the minimum age for marriage at The law also prohibits women from remarrying until days after the day of divorce or annulment of their previous marriage.
The Committee monitoring the Convention on the Elimination of Discrimination against Women CEDAW has expressed concern that this provision is discriminatory and unduly restrictive on the right of women to remarry because today paternity can easily be established by a simple medical test.
Second, when a mother-to-be remarries, her new husband is by law presumed to be the father of the child. Nevertheless, this provision does seem to unnecessarily invade the private life and civil rights of women.
First, the period of days seems arbitrary, as it does not eliminate the possibility that a new husband will become the legal father of a child conceived by the former husband at some point following the days.
The day period is apparently based on the term to conclusively establish a pregnancy in Cambodia, but pregnancy lasts on average days. Second, it could be argued that the mother is in the best position to determine whether or not her new husband should be granted paternity rights through marriage, as she is in the best position to assess who is the actual father.
Perhaps — a more emancipatory idea — she may even be in the best position to choose between her two sexual partners and decide who deserves to be the legal father, taking into consideration the best interest of her child. If the new husband rejects paternity of the child, he can file a request to deny his paternity rights.
Marriage Registration In Cambodia, marriage can only be legally recognized if it is registered by the commune council with the civil registry. This agreement will be recorded in the marriage registry. In most provinces, the duty of marriage registration costs Riels.
The Cambodian Civil Code provides a fair statutory system for marital property. Unless the married couple concludes a pre nuptial agreement, their assets will be categorized in accordance with the statutory system.
The system provides that joint property includes all property earned by one or both spouses during the marriage, but excludes the property of either spouses obtained before the marriage, as well as property obtained by one spouse during the marriage through gift or succession — including proceeds from the disposal of these private properties.
For example, the law does not say whether the fruits of excluded private property fall within the marital property. Does the interest fall within the marital property? Based on the law it must be concluded that it does. However, due to inflation, the principal sum of USD 10, will lose its value over the years.
Thus the result does not seem entirely fair. For example, if land inherited by the wife is leased, will the rent proceeds be marital property or considered her private property? In the current legal system it must be concluded that the rental income is joint property since all property acquired during marriage is considered marital, with the exception of gifts or assets obtained through succession.
However, any increase in the value of the land during the marriage would benefit the wife. When the land is sold, the full proceeds of the sale are her private property. It can be difficult to make an artificial distinction between income produced by property and increased property value.
For example, if a wife inherits the majority shares in a private limited company, what part of the yearly profits can be considered joint martial income, bearing in mind that the majority shareholder can decide the amount of the dividends? In the next example, one of the spouses contributes to the increased value of the private property, but appears to have no claim to it as marital property.
For example, a wife works her whole life in a private limited company whose shares are owned by the husband. Is she entitled to the value increase of the shares?
Such unfairness could be mitigated through an appeal from the wife to apply Civil Code art. This possibility is discussed in section 3.tranceformingnlp.com - The Cambodian Law Library. Search this site.
LEGAL DATABASE; ABOUT CAMBODIAN LAW; CODE OF CRIMINAL PROCEDURE Introduction. The law is a set of rules which a particular country or community recognises as regulating the actions of its members and which it may enforce by the imposition of penalties.
Sources of law in . Cambodia: Introduction.
Cambodia is a country in Southeast Asia that borders the Gulf of Thailand. Neighboring countries include Laos, Thailand, and Vietnam. The geography of Cambodia is mountainous in the southwest and north and is dominated by the Mekong River and Tonle Sap Lake.
The government system is a multiparty democracy under a. Southeast Asian Legal Research Guide: Introduction to Cambodia & its Legal System. The OHCHR Rule of Law Programme aims to strengthen the protection of human rights under the rule of law in Cambodia. The Programme consists of: . About the Author.
Dorine van der Keur is a Dutch lawyer with nine years experience practicing commercial law (tax, corporate and family) in The Netherlands and six years experience working on access to justice issues in Cambodia, including with Legal Aid of Cambodia and on GIZ’s project on Access to Justice for Women.
VDB Loi is a network of leading law and tax advisory firms with offices in Cambodia, Indonesia, Laos, Myanmar and Vietnam.
This is an introduction to Cambodian law and the country's human rights institutions. The hosting website is the "Human Rights in ASEAN Online Platform." Southeast Asian Legal Research Guide: Introduction to Cambodia & its Legal System.