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Japan's Experience in Supporting Legislation of Civil Code and Code of Civil Procedure of Cambodia

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Abstract:

Cambodia has recently promulgated the Civil Code and the Code of Civil Procedure for the first time in 30 years. Drafting works of two Codes was made by Cambodian Ministry of Justice with the assistance from Japan amid circumstances under which various ministries were drafting laws related to specific issues without paying much attention on provisions of the draft Codes. As a result, Drafting team of the Codes had to spend a considerable amount of time in identifying potential inconsistency between the Codes and other laws, such as Land Law, Secured Transactions Law, Law on Financial Leasing, Law on Commercial Court etc. In this report, a number of examples will be provided to show how problems of inconsistency were settled (or not settled) and to find out a basic stance of Japanese legal assistance. At the same time, this report also try to characterize legal and judicial reform in Cambodia.

Most Common Document Word Stems:

civil (106), code (101), law (97), procedur (75), draft (53), secur (47), crimin (41), provis (38), court (36), legal (34), parti (32), right (31), cambodia (26), order (25), applic (24), articl (24), ministri (22), provid (22), case (21), may (20), claim (20),
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Name: The Law and Society Association
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http://www.lawandsociety.org


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URL: http://citation.allacademic.com/meta/p303449_index.html
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MLA Citation:

Sakano, Issei. "Japan's Experience in Supporting Legislation of Civil Code and Code of Civil Procedure of Cambodia" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado, May 25, 2009 <Not Available>. 2014-11-29 <http://citation.allacademic.com/meta/p303449_index.html>

APA Citation:

Sakano, I. , 2009-05-25 "Japan's Experience in Supporting Legislation of Civil Code and Code of Civil Procedure of Cambodia" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado Online <PDF>. 2014-11-29 from http://citation.allacademic.com/meta/p303449_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Cambodia has recently promulgated the Civil Code and the Code of Civil Procedure for the first time in 30 years. Drafting works of two Codes was made by Cambodian Ministry of Justice with the assistance from Japan amid circumstances under which various ministries were drafting laws related to specific issues without paying much attention on provisions of the draft Codes. As a result, Drafting team of the Codes had to spend a considerable amount of time in identifying potential inconsistency between the Codes and other laws, such as Land Law, Secured Transactions Law, Law on Financial Leasing, Law on Commercial Court etc. In this report, a number of examples will be provided to show how problems of inconsistency were settled (or not settled) and to find out a basic stance of Japanese legal assistance. At the same time, this report also try to characterize legal and judicial reform in Cambodia.


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