Comparison of the Japanese Civil Code and Cambodian Civil Code

Comparison of the Japanese Civil Code and Cambodian Civil Code

March 14, 2009
By Chea Sophal

In the International Symposium in Phnom Penh on March 14, 2009, Mr. Kamiki Atsushi, Jica Expert, Lawyer, told the conference that the Cambodian Civil Code (CCC) was mainly drafted by Japanese Scholars, therefore, the contents are very similar to that of Japanese Civil Code (JCC). However, during the process of drafting, they conducted detailed survey on Cambodian needs and society, as well as the old Civil Code drafted by French and Civil Codes of other countries, which made this Code a kind of hybrid Civil Code.

Mr. Kamiki aimed at explaining the differences between the two Codes in order to highlight the characteristics of the CCC.

He pointed out the points, which the two codes stipulate differently, include:

• building is regarded as a component of land (Art. 122-123),
• Necessity to register for transferring a title of immovable by agreement (Art. 134 )
• Necessity to conclude a contract to transfer the ownership of immovable by notarial (authenticated) document (Art. 336-2 and Art. 336-1),
• Defective declaration of intention,
• Warranty liability,
• Period of prescription,
• Formality of guaranty contract (Art. 900),
  
  The export further expressed some of the articles which based on Cambodian social, environmental situation. Those articles are as follows:
• Variety of real rights which utilize others’ immovable. (Art. 244)
• Detailed articles related to lands, such as alluvial deposit or island. (Art. 179)
• Profit-sharing lease (Art. 622).
  
  The expert ended his presentation by indicating the articles which admitted by Japanese precedence. There are many articles related to rights which are admitted by precedence by Japanese courts, for example right to injunction based on personal rights, or the duty to care relating to safety of the employer. But these rights are admitted by the Japanese courts, so that we cannot say that these are the differences between the two codes in a practical sense, added the expert.