371. (Meaning of execution costs and procedural costs)
The following terms shall have the meanings respectively set forth beside each term:
(a) “execution costs”: party costs prescribed in Article 372 (Motion filing fees),
Article 373 (Costs other than commission) and Article 374 (Party costs);and
(b) “procedural costs”: among costs prescribed in Item (a), those that are of
common benefit.
372. (Motion filing fees)
1. Upon filing a motion for execution at the execution court, the creditor in execution
shall pay the amount of 10,000 riels to the court.
2. Upon filing a motion for execution with the bailiff, the fees provided separately
shall be paid.
373. (Costs other than commission)
The creditor in execution shall pay as costs such amounts that are determined by the
court to be necessary for procedural actions in the course of execution such as service of
documents.
374. (Party costs)
Costs that the court finds to be necessary for implementation of execution apart from
those prescribed in Article 372 (Motion filing fees) and Article 373 (Costs other than
commission) shall be referred to as “party costs”.
375. (Payment in advance)
1. The applicant shall pay in advance the amount set by the court upon filing of a
motion for execution as the necessary expenses of execution procedures. This shall
apply in a case where the prior payment was not enough and the court in execution
ordered the additional payment to fill the deficiency.
2. If the applicant does not pay such costs in advance, the court can dismiss the
motion for execution or reverse the execution procedures.
3. A Chomtoah appeal may be filed against a ruling to dismiss a motion under
Paragraph 2.
376. (Allocation of Execution costs)
1. Execution costs shall be borne by the debtor in execution.
2. In the case of execution of a claim the object of which is payment of money,
execution costs can be collected simultaneously with the execution proceedings,
without the need for a title of execution.
377. (Deposit of security)
Security ordered to be posted by a court or execution court shall be deposited by a party
with such court in the form of cash or negotiable instruments approved by the court.
378. (Inspection of record of execution case, etc.)
1. An interested party can request the execution court responsible for execution to
allow such party to inspect the case record or to be issued with a copy,
authenticated copy, certified copy or extract thereof, or with a certificate relating
to the particulars of the case.
2. An interested party can request the bailiff responsible for execution to allow such
party to inspect the case record or to be issued with a copy, authenticated copy,
certified copy or extract thereof, or with a certificate relating to the particulars of
the case.
Monday, June 8, 2015
Sub-section III. Method of sale
436. (Method of sale, etc.)
1. Sale of the immovable shall be by tender or auction.
2. If, and only if, sale cannot be carried out by tender or auction, the sale may be carried out by such other method as prescribed by the execution court.
3. In the case of sale by tender or auction, the execution court must set the date, time and place of sale, and have the bailiff carry out the sale.
4. In the case of sale under Paragraph 3, the court clerk must give public notice with a description of the immovable to be sold, the minimum sale price and the date, and time and place of sale.
5. In the case of sales under Paragraph 3, Article 396 (Maintenance of order in the sale premises) shall apply mutatis mutandis.
437. (Guarantee of offer to purchase)
1. Any person wishing to offer to purchase an immovable must provide a guarantee in the amount of 10 percent of the minimum sale price, provided that the execution court may set a guarantee that exceeds this amount if it thinks fit.
2. On request by a person other than the highest bidder, the execution court shall promptly return the guarantee provided in accordance with Paragraph 1 to such person(s) after the sale has been completed pursuant to Article 436 (Method of sale, etc.).
438. (Prohibition of offer to purchase by debtor in execution)
No debtor in execution shall be entitled to make an offer to purchase.
439. (Determination of highest bidder, etc.)
1. After completion of the tendering or auction, the bailiff shall determine the highest bidder, and, after announcing the name or title of said bidder and the amount tendered, shall declare the date of tender or auction closed.
2. In case where two or more bidders tendered the highest price, the bailiff shall have these bidders tender again to determine the highest bidder. In this case, the bidders may not tender the purchase price less than the amount he/she previously offered.
3. If no bidder provided in the Paragraph 2 tenders, the highest bidder shall be determined by a lot. The same shall apply in case where two or more bidders tendered the same highest price in the [second] tender provided in the Paragraph 2.
4. After carrying the tender or auction, the bailiff must without delay prepare a tender protocol or auction protocol that contains the following particulars and submit same to the execution court:
(a) a description of the immovable;
(b) the date and time of tender or auction;
(c) description of the highest bidder and its agent;
(d) the price of purchase by the highest bidder;
(e) if the highest bidder could not be determined, this fact and the circumstances; and/or
(f) if measures prescribed in Article 396 (Maintenance of order in the sale premises) have been taken, the reasons and the measures taken.
5. The bailiff must have the highest bidder or his/her representative or agent sign the tender protocol or auction protocol.
440. (Date for ruling of sale)
1. The execution court must set a date for the purpose of ruling on sale and [on such date] must declare whether to permit or to refuse to permit the sale.
2. If the execution court sets a date for ruling on sale, it must give notice to that effect to interested persons.
441. (Statements of opinion concerning permission or refusal to permit sale)
Persons having an interest in the permission or refusal of permission for sale of the immovable may state their opinions on the date for ruling of sale concerning any grounds listed in Paragraph 2 of Article 442 (Permission or refusal of permission for sale) that affect their rights.
442. (Permission or refusal of permission for sale)
1. Except in cases described in Paragraph 2, the execution court must issue a ruling permitting sale.
2. Where any of following grounds is found, the execution court must issue a finding refusing permission for sale:
(a) The compulsory sale proceedings should not be commenced or continued;
(b) The highest bidder is not qualified or incapable of purchasing the immovable, or its representative is not authorized to purchase the immovable;
(c) An application is made for refusal of permission for sale under Paragraph 1 of Article 445 (Application for refusal of permission for sale in a case where the immovable has been damaged, etc.);
(d) There is a serious error in the procedure for ruling of minimum sale price; and/or
(e) There is a serious error in the sale procedures.
443. (Measures in case of excessive sale)
1. Where more than one immovable property have been sold, and the whole of the creditors’ claims and execution costs are likely to be satisfied by the price offered for any one or more of such properties, the execution court shall reserve its ruling of permission to sell the other properties.
2. In cases described in Paragraph 1, if there is more than one arrangement with which the total of the offered price of one or more property is likely to satisfy the whole of the claims of the creditors and execution costs, the execution court shall first hear the opinion of the debtor in execution as to which property should be sold.
3. The highest bidder for a property concerning which a ruling of permission to sell has been reserved under Paragraph 1 may cancel his/her offer at the execution court.
4. If the price has been paid for a property concerning which a ruling of permission to sale has been made, the execution court shall cancel the compulsory sale procedure of any property falling under Paragraph 3.
444. (Chomtoah appeal against ruling permitting or refusing to permit sale)
1. An interested party may file a Chomtoah appeal against a ruling permitting or refusing to permit a sale, but only in cases where such party's rights would be infringed by such ruling.
2. A Chomtoah appeal against a ruling permitting sale must be based on one of the grounds listed in Paragraph 2 of Article 442 (Permission or refusal of permission for sale) or on a serious error in the procedures of the ruling permitting the sale. 3. If it deems necessary, the Chomtoah appeal court may designate a respondent to the Chomtoah appellant.
4. A ruling permitting or refusing to permit a sale shall only become effective after it becomes final and binding.
445. (Application for refusal of permission for sale in a case where the immovable has been damaged, etc.)
1. In cases where the immovable is seriously damaged by reason of natural disaster or other cause not attributable to fault on the part of the highest bidder or owner purchaser after the making of an offer to purchase, said highest bidder or purchaser may submit an opinion for disallowance of the sale prior to a ruling permitting sale being handed down, and may file a motion for cancellation of such ruling if it has already been issued, until the time of payment of the price.
2. A Chomtoah appeal may be filed against a ruling on a motion for cancellation of a ruling allowing sale under Paragraph 1.
3. A ruling upon motion under Paragraph 1 canceling a ruling permitting sale shall not become effective until it becomes final and binding.
446. (Withdrawal of motion for compulsory sale after making of offer to purchase)
In order to withdraw a motion for compulsory sale after the making of an offer to purchase, a creditor in execution must obtain the consent of the highest bidder or purchaser as the case may be.
1. Sale of the immovable shall be by tender or auction.
2. If, and only if, sale cannot be carried out by tender or auction, the sale may be carried out by such other method as prescribed by the execution court.
3. In the case of sale by tender or auction, the execution court must set the date, time and place of sale, and have the bailiff carry out the sale.
4. In the case of sale under Paragraph 3, the court clerk must give public notice with a description of the immovable to be sold, the minimum sale price and the date, and time and place of sale.
5. In the case of sales under Paragraph 3, Article 396 (Maintenance of order in the sale premises) shall apply mutatis mutandis.
437. (Guarantee of offer to purchase)
1. Any person wishing to offer to purchase an immovable must provide a guarantee in the amount of 10 percent of the minimum sale price, provided that the execution court may set a guarantee that exceeds this amount if it thinks fit.
2. On request by a person other than the highest bidder, the execution court shall promptly return the guarantee provided in accordance with Paragraph 1 to such person(s) after the sale has been completed pursuant to Article 436 (Method of sale, etc.).
438. (Prohibition of offer to purchase by debtor in execution)
No debtor in execution shall be entitled to make an offer to purchase.
439. (Determination of highest bidder, etc.)
1. After completion of the tendering or auction, the bailiff shall determine the highest bidder, and, after announcing the name or title of said bidder and the amount tendered, shall declare the date of tender or auction closed.
2. In case where two or more bidders tendered the highest price, the bailiff shall have these bidders tender again to determine the highest bidder. In this case, the bidders may not tender the purchase price less than the amount he/she previously offered.
3. If no bidder provided in the Paragraph 2 tenders, the highest bidder shall be determined by a lot. The same shall apply in case where two or more bidders tendered the same highest price in the [second] tender provided in the Paragraph 2.
4. After carrying the tender or auction, the bailiff must without delay prepare a tender protocol or auction protocol that contains the following particulars and submit same to the execution court:
(a) a description of the immovable;
(b) the date and time of tender or auction;
(c) description of the highest bidder and its agent;
(d) the price of purchase by the highest bidder;
(e) if the highest bidder could not be determined, this fact and the circumstances; and/or
(f) if measures prescribed in Article 396 (Maintenance of order in the sale premises) have been taken, the reasons and the measures taken.
5. The bailiff must have the highest bidder or his/her representative or agent sign the tender protocol or auction protocol.
440. (Date for ruling of sale)
1. The execution court must set a date for the purpose of ruling on sale and [on such date] must declare whether to permit or to refuse to permit the sale.
2. If the execution court sets a date for ruling on sale, it must give notice to that effect to interested persons.
441. (Statements of opinion concerning permission or refusal to permit sale)
Persons having an interest in the permission or refusal of permission for sale of the immovable may state their opinions on the date for ruling of sale concerning any grounds listed in Paragraph 2 of Article 442 (Permission or refusal of permission for sale) that affect their rights.
442. (Permission or refusal of permission for sale)
1. Except in cases described in Paragraph 2, the execution court must issue a ruling permitting sale.
2. Where any of following grounds is found, the execution court must issue a finding refusing permission for sale:
(a) The compulsory sale proceedings should not be commenced or continued;
(b) The highest bidder is not qualified or incapable of purchasing the immovable, or its representative is not authorized to purchase the immovable;
(c) An application is made for refusal of permission for sale under Paragraph 1 of Article 445 (Application for refusal of permission for sale in a case where the immovable has been damaged, etc.);
(d) There is a serious error in the procedure for ruling of minimum sale price; and/or
(e) There is a serious error in the sale procedures.
443. (Measures in case of excessive sale)
1. Where more than one immovable property have been sold, and the whole of the creditors’ claims and execution costs are likely to be satisfied by the price offered for any one or more of such properties, the execution court shall reserve its ruling of permission to sell the other properties.
2. In cases described in Paragraph 1, if there is more than one arrangement with which the total of the offered price of one or more property is likely to satisfy the whole of the claims of the creditors and execution costs, the execution court shall first hear the opinion of the debtor in execution as to which property should be sold.
3. The highest bidder for a property concerning which a ruling of permission to sell has been reserved under Paragraph 1 may cancel his/her offer at the execution court.
4. If the price has been paid for a property concerning which a ruling of permission to sale has been made, the execution court shall cancel the compulsory sale procedure of any property falling under Paragraph 3.
444. (Chomtoah appeal against ruling permitting or refusing to permit sale)
1. An interested party may file a Chomtoah appeal against a ruling permitting or refusing to permit a sale, but only in cases where such party's rights would be infringed by such ruling.
2. A Chomtoah appeal against a ruling permitting sale must be based on one of the grounds listed in Paragraph 2 of Article 442 (Permission or refusal of permission for sale) or on a serious error in the procedures of the ruling permitting the sale. 3. If it deems necessary, the Chomtoah appeal court may designate a respondent to the Chomtoah appellant.
4. A ruling permitting or refusing to permit a sale shall only become effective after it becomes final and binding.
445. (Application for refusal of permission for sale in a case where the immovable has been damaged, etc.)
1. In cases where the immovable is seriously damaged by reason of natural disaster or other cause not attributable to fault on the part of the highest bidder or owner purchaser after the making of an offer to purchase, said highest bidder or purchaser may submit an opinion for disallowance of the sale prior to a ruling permitting sale being handed down, and may file a motion for cancellation of such ruling if it has already been issued, until the time of payment of the price.
2. A Chomtoah appeal may be filed against a ruling on a motion for cancellation of a ruling allowing sale under Paragraph 1.
3. A ruling upon motion under Paragraph 1 canceling a ruling permitting sale shall not become effective until it becomes final and binding.
446. (Withdrawal of motion for compulsory sale after making of offer to purchase)
In order to withdraw a motion for compulsory sale after the making of an offer to purchase, a creditor in execution must obtain the consent of the highest bidder or purchaser as the case may be.
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Sunday, June 7, 2015
BOOK EIGHT TRANSITIONAL PROVISIONS
BOOK EIGHT TRANSITIONAL PROVISIONS
Chapter One TRANSITIONAL PROVISIONS
572. (Principle of transitional measures)
With regard to a complaint filed before the application of this Code, procedures in connection with this complaint after the application of this Code shall apply pursuant to this Code, except where otherwise provided by this Book Ⅷ (Transitional provisions). In this case, the effect of the procedure applied before the application of this Code shall not be hindered by this provision. 573. (Transitional measures with regard to jurisdiction) The jurisdiction and transfer of action pending actually at the time of application of this Code shall be determined as heretofore. 574. (Transitional measures with regard to assignment of cases) 1 After filing a complaint, if this Law comes into effect prior to the appointment of the judge in charge of investigation or the conciliation procedure (hereinafter refer to “investigating judge”), the complaint shall be deemed to have been filed at the time of the application of this Code, and the provisions of Article 26 (Assignment of cases) shall apply. 2 After the appointment of the investigating judge, if this Code applies prior to the appointment of the presiding judge or other judges of the panel, the investigating judge shall be deemed to get the case assigned under the provision of Article 26 (Assignment of cases) of this Code. Nevertheless, if the president of the court of first instance is in charge of the conciliation, he shall be deemed to get the case assigned according to the provision of Article 26 (Assignment of cases). 3 With regard to cases under paragraph 2 above, the cases stated in paragraph 2 of Article 23 (Individual and panel systems for trials of first instance) of this Code, notwithstanding the provisions of paragraph 2 of this Article, shall be deemed to be filed at the time when this Code comes into effect and Article 26 (Assignment of cases) shall apply. 4 After filing the case to Uttor appellate court, where this Code comes into effect prior to the appointment of the judges, the case shall be deemed to be filed at the time of the application of this Code and the provisions of Article 26 (Assignment of cases) shall apply. 5 The provisions of paragraph 4 shall apply mutatis mutandis to the assignment of cases in the Satuk appellate court. 575. (Transitional measures with regard to ruling on exclusion or challenge) Where courts of first instance have not had enough judges to decide by a panel a motion for exclusion or challenge, the provision of paragraph 1 of Article 30 (Ruling on exclusion or challenge) of this Code shall apply for a period by changing the phrase “a panel of judges of the court to which the judge belongs” to “other judge of the court to which the judge belongs”. 576. (Transitional measures on investigating procedure or procedure after investigating procedure) 1 When this Code comes into effect during the investigation procedure, the court shall immediately terminate such proceedings and promptly set a date for preparatory proceedings for oral argument and summon the parties to appear. 2 After the conclusion of the investigating procedure, where this Code applies prior to the date of trial, the court shall promptly set a date for preparatory proceedings for oral argument and summon the parties to appear. However, this provision shall not apply where preparatory proceedings for oral argument shall be conducted in accordance with the provisions of paragraph 2 of Article 578 (Transitional measures on the date of trial) of this Code. 3 With regard to cases under paragraph 1 and paragraph 2 above, proceedings conducted during the investigating procedure shall be deemed to have been done in the preparatory proceedings for oral argument within the court’s authority under Article 106 (Acts of litigation, etc. during preparatory proceedings for oral argument). 4 Where this Code comes into effect after the trial date was set, if a witness was already examined by a party during the investigating procedure or a party concerned was not examined by the trial and if the party demands that such witness or the party is examined during proceedings for oral argument, the court shall examine such witness or the party. 577. (Transitional measures with regard to litigation costs) 1 The litigation costs of civil action to be borne by the party or other related persons with regard to the case filed before this Code comes into effect shall be computed in accordance with the previous rules. 2 The provisions with regard to the Security for Litigation Costs shall not apply to the cases which were filed before the application of this Code. 578. (Transitional measures with regard to the date of trial) 1 The date of trial which was already designated at the time when this Code comes into effect shall be deemed to have been designated as a date of oral argument according to the provisions of this Code. 2 In cases referred to in paragraph 1, if the trial date is the first date after the conclusion of the investigating procedure, the court may conduct the preparatory proceedings for oral argument before commencing the proceedings for oral argument. 3 In cases referred to in paragraph 2, where the court fails to complete the preparatory proceedings for oral argument, court shall designate another date of preparatory proceedings for oral argument, and cancel or delay the date of oral argument. 579. (Transitional measures with regard to legal sanctions in inspection of evidence) 1 The provisions regarding to a civil fine stated in chapter 3 (Evidence) Book II of this Code shall apply in case the order to examine the evidence is issued in accordance with the provisions of this Code or a party or the party’s representative denies the authenticity of execution of a document after this Code comes into effect. 2 The provisions of chapter 3 (Evidence) Book II, which shall apply mutatis mutandis to Article 273 (Mutatis mutandis application of provisions regarding proceedings at court of first instance) and Article 286 (Mutatis mutandis application of provisions regarding Uttor appeal) of this Code shall be applied pursuant to paragraph 1 above. 580. (Transitional measures with regard to default judgment) The procedure where the plaintiff or the defendant fails to appear on the date summoned before the application of this Code shall be applied as heretofore. 581. (Transitional measures with regard to possibility of appeal and the period for appeal) 1 The possibility of the appeal and the period for the appeal against a judgment issued by a court of the first instance or Uttor appellate court based on the trial concluded before the application of this Code shall be treated as heretofore. 2 The possibility of the SATUK appeal and the period of SATUK appeal against the judgment reissued by the Uttor appellate court with regard to the case which the Supreme Court remanded before the application of this Code shall be treated as heretofore. 3 With regard to the case in which the Supreme Court reversed the judgment made by the Uttor appellate court and remanded to the Uttor appellate court based on the trial concluded before the application of this Code, the possibility of the SATUK appeal and the period of SATUK appeal against the judgment reissued by the Uttor appellate court shall be treated as heretofore. 4 With regard to the decisions other than judgment issued by a court of the first instance or Uttor appellate court notified before this Code comes into effect, the possibility of appeal and the period of appeal shall be treated as heretofore. 582. (Transitional measures with regard to SATUK appeal and the procedure to judge the SATUK appeal) 1 The SATUK appeal and the procedure to judge the SATUK appeal against the judgment of appellate court based on the trial concluded before the application of this Code shall be applied as heretofore. 2 The SATUK appeal and the procedure to judge the SATUK appeal against the judgment reissued by the Uttor appellate court with regard to the case which was remanded by the Supreme Court before the application of this Code shall be applied as heretofore. 3 With regard to the case in which the Supreme Court reversed the judgment made by the Uttor appellate court based on the trial concluded before the application of this Code and remanded it to the Uttor appellate court, the SATUK appeal and the procedure to judge the SATUK appeal against the judgment reissued by the Uttor appellate court shall be applied as heretofore. 583. (Transitional measures with regard to the binding effect of reverse judgment) Where the SATUK appeal and the procedure to judge the SATUK appeal shall apply in accordance with the previous rules pursuant to the provisions of Article 582 (transitional measures with regard to SATUK appeal and the procedure to judge the SATUK appeal) of this Code, if the Supreme Court reverses the original judgment issued by the Uttor appellate court and remands the case to the Uttor appellate court or transfers the case to another court, the provisions of paragraph 2 of Article 299 (Reversal and remand, etc.) shall not apply to that judgment. 584. (Transitional measures with regard to retrial) The provisions of Book Ⅳ (Retrial) shall apply only to the judgments that have become final and binding after the application of this Law. 585. (Transitional measures with regard to compulsory execution) 1 The case with regard to the compulsory execution filed before the application of this Code shall apply as heretofore, except for the provisions of Chapter 3 (Forced imprisonment) of the Law on Methods of Implementation of Civil Judgments. 2 The decision to forcedly imprison issued pursuant to the provision of Chapter 3 of the Law on Methods of Implementation of Civil Judgments before this Code comes into effect shall become null and void at the date of application of this Code. 3 When this Code comes into effect, if the debtor has been imprisoned under the provisions of Chapter 3 (Forced imprisonment) of the Law on Methods of Implementation of Civil Judgments, the presiding judge of the panel who ordered imprisonment or the President of the court shall order to immediately release the debtor. 586. (Transitional measures with regard to preservative relief) 1 Where this Code comes into effect before a case with regard to preservative relief, filed before the application of this Code will be decided, the remaining procedures shall apply pursuant to this Code. In this case, the effect of the procedure applied before the application of this Code shall not be hindered. 2 Where this Code comes into effect after a case with regard to preservative relief was decided, the remaining procedures shall be applied as heretofore.
Chapter One TRANSITIONAL PROVISIONS
572. (Principle of transitional measures)
With regard to a complaint filed before the application of this Code, procedures in connection with this complaint after the application of this Code shall apply pursuant to this Code, except where otherwise provided by this Book Ⅷ (Transitional provisions). In this case, the effect of the procedure applied before the application of this Code shall not be hindered by this provision. 573. (Transitional measures with regard to jurisdiction) The jurisdiction and transfer of action pending actually at the time of application of this Code shall be determined as heretofore. 574. (Transitional measures with regard to assignment of cases) 1 After filing a complaint, if this Law comes into effect prior to the appointment of the judge in charge of investigation or the conciliation procedure (hereinafter refer to “investigating judge”), the complaint shall be deemed to have been filed at the time of the application of this Code, and the provisions of Article 26 (Assignment of cases) shall apply. 2 After the appointment of the investigating judge, if this Code applies prior to the appointment of the presiding judge or other judges of the panel, the investigating judge shall be deemed to get the case assigned under the provision of Article 26 (Assignment of cases) of this Code. Nevertheless, if the president of the court of first instance is in charge of the conciliation, he shall be deemed to get the case assigned according to the provision of Article 26 (Assignment of cases). 3 With regard to cases under paragraph 2 above, the cases stated in paragraph 2 of Article 23 (Individual and panel systems for trials of first instance) of this Code, notwithstanding the provisions of paragraph 2 of this Article, shall be deemed to be filed at the time when this Code comes into effect and Article 26 (Assignment of cases) shall apply. 4 After filing the case to Uttor appellate court, where this Code comes into effect prior to the appointment of the judges, the case shall be deemed to be filed at the time of the application of this Code and the provisions of Article 26 (Assignment of cases) shall apply. 5 The provisions of paragraph 4 shall apply mutatis mutandis to the assignment of cases in the Satuk appellate court. 575. (Transitional measures with regard to ruling on exclusion or challenge) Where courts of first instance have not had enough judges to decide by a panel a motion for exclusion or challenge, the provision of paragraph 1 of Article 30 (Ruling on exclusion or challenge) of this Code shall apply for a period by changing the phrase “a panel of judges of the court to which the judge belongs” to “other judge of the court to which the judge belongs”. 576. (Transitional measures on investigating procedure or procedure after investigating procedure) 1 When this Code comes into effect during the investigation procedure, the court shall immediately terminate such proceedings and promptly set a date for preparatory proceedings for oral argument and summon the parties to appear. 2 After the conclusion of the investigating procedure, where this Code applies prior to the date of trial, the court shall promptly set a date for preparatory proceedings for oral argument and summon the parties to appear. However, this provision shall not apply where preparatory proceedings for oral argument shall be conducted in accordance with the provisions of paragraph 2 of Article 578 (Transitional measures on the date of trial) of this Code. 3 With regard to cases under paragraph 1 and paragraph 2 above, proceedings conducted during the investigating procedure shall be deemed to have been done in the preparatory proceedings for oral argument within the court’s authority under Article 106 (Acts of litigation, etc. during preparatory proceedings for oral argument). 4 Where this Code comes into effect after the trial date was set, if a witness was already examined by a party during the investigating procedure or a party concerned was not examined by the trial and if the party demands that such witness or the party is examined during proceedings for oral argument, the court shall examine such witness or the party. 577. (Transitional measures with regard to litigation costs) 1 The litigation costs of civil action to be borne by the party or other related persons with regard to the case filed before this Code comes into effect shall be computed in accordance with the previous rules. 2 The provisions with regard to the Security for Litigation Costs shall not apply to the cases which were filed before the application of this Code. 578. (Transitional measures with regard to the date of trial) 1 The date of trial which was already designated at the time when this Code comes into effect shall be deemed to have been designated as a date of oral argument according to the provisions of this Code. 2 In cases referred to in paragraph 1, if the trial date is the first date after the conclusion of the investigating procedure, the court may conduct the preparatory proceedings for oral argument before commencing the proceedings for oral argument. 3 In cases referred to in paragraph 2, where the court fails to complete the preparatory proceedings for oral argument, court shall designate another date of preparatory proceedings for oral argument, and cancel or delay the date of oral argument. 579. (Transitional measures with regard to legal sanctions in inspection of evidence) 1 The provisions regarding to a civil fine stated in chapter 3 (Evidence) Book II of this Code shall apply in case the order to examine the evidence is issued in accordance with the provisions of this Code or a party or the party’s representative denies the authenticity of execution of a document after this Code comes into effect. 2 The provisions of chapter 3 (Evidence) Book II, which shall apply mutatis mutandis to Article 273 (Mutatis mutandis application of provisions regarding proceedings at court of first instance) and Article 286 (Mutatis mutandis application of provisions regarding Uttor appeal) of this Code shall be applied pursuant to paragraph 1 above. 580. (Transitional measures with regard to default judgment) The procedure where the plaintiff or the defendant fails to appear on the date summoned before the application of this Code shall be applied as heretofore. 581. (Transitional measures with regard to possibility of appeal and the period for appeal) 1 The possibility of the appeal and the period for the appeal against a judgment issued by a court of the first instance or Uttor appellate court based on the trial concluded before the application of this Code shall be treated as heretofore. 2 The possibility of the SATUK appeal and the period of SATUK appeal against the judgment reissued by the Uttor appellate court with regard to the case which the Supreme Court remanded before the application of this Code shall be treated as heretofore. 3 With regard to the case in which the Supreme Court reversed the judgment made by the Uttor appellate court and remanded to the Uttor appellate court based on the trial concluded before the application of this Code, the possibility of the SATUK appeal and the period of SATUK appeal against the judgment reissued by the Uttor appellate court shall be treated as heretofore. 4 With regard to the decisions other than judgment issued by a court of the first instance or Uttor appellate court notified before this Code comes into effect, the possibility of appeal and the period of appeal shall be treated as heretofore. 582. (Transitional measures with regard to SATUK appeal and the procedure to judge the SATUK appeal) 1 The SATUK appeal and the procedure to judge the SATUK appeal against the judgment of appellate court based on the trial concluded before the application of this Code shall be applied as heretofore. 2 The SATUK appeal and the procedure to judge the SATUK appeal against the judgment reissued by the Uttor appellate court with regard to the case which was remanded by the Supreme Court before the application of this Code shall be applied as heretofore. 3 With regard to the case in which the Supreme Court reversed the judgment made by the Uttor appellate court based on the trial concluded before the application of this Code and remanded it to the Uttor appellate court, the SATUK appeal and the procedure to judge the SATUK appeal against the judgment reissued by the Uttor appellate court shall be applied as heretofore. 583. (Transitional measures with regard to the binding effect of reverse judgment) Where the SATUK appeal and the procedure to judge the SATUK appeal shall apply in accordance with the previous rules pursuant to the provisions of Article 582 (transitional measures with regard to SATUK appeal and the procedure to judge the SATUK appeal) of this Code, if the Supreme Court reverses the original judgment issued by the Uttor appellate court and remands the case to the Uttor appellate court or transfers the case to another court, the provisions of paragraph 2 of Article 299 (Reversal and remand, etc.) shall not apply to that judgment. 584. (Transitional measures with regard to retrial) The provisions of Book Ⅳ (Retrial) shall apply only to the judgments that have become final and binding after the application of this Law. 585. (Transitional measures with regard to compulsory execution) 1 The case with regard to the compulsory execution filed before the application of this Code shall apply as heretofore, except for the provisions of Chapter 3 (Forced imprisonment) of the Law on Methods of Implementation of Civil Judgments. 2 The decision to forcedly imprison issued pursuant to the provision of Chapter 3 of the Law on Methods of Implementation of Civil Judgments before this Code comes into effect shall become null and void at the date of application of this Code. 3 When this Code comes into effect, if the debtor has been imprisoned under the provisions of Chapter 3 (Forced imprisonment) of the Law on Methods of Implementation of Civil Judgments, the presiding judge of the panel who ordered imprisonment or the President of the court shall order to immediately release the debtor. 586. (Transitional measures with regard to preservative relief) 1 Where this Code comes into effect before a case with regard to preservative relief, filed before the application of this Code will be decided, the remaining procedures shall apply pursuant to this Code. In this case, the effect of the procedure applied before the application of this Code shall not be hindered. 2 Where this Code comes into effect after a case with regard to preservative relief was decided, the remaining procedures shall be applied as heretofore.
Section VII. Execution Costs and Inspection of Execution Record - 01
Section VII. Execution Costs and Inspection of Execution Record
371. (Meaning of execution costs and procedural costs)
The following terms shall have the meanings respectively set forth beside each term: (a) “execution costs”: party costs prescribed in Article 372 (Motion filing fees), Article 373 (Costs other than commission) and Article 374 (Party costs);and
(b) “procedural costs”: among costs prescribed in Item (a), those that are of common benefit.
372. (Motion filing fees)
1. Upon filing a motion for execution at the execution court, the creditor in execution shall pay the amount of 10,000 riels to the court.
2. Upon filing a motion for execution with the bailiff, the fees provided separately shall be paid.
373. (Costs other than commission)
The creditor in execution shall pay as costs such amounts that are determined by the court to be necessary for procedural actions in the course of execution such as service of documents.
374. (Party costs)
Costs that the court finds to be necessary for implementation of execution apart from those prescribed in Article 372 (Motion filing fees) and Article 373 (Costs other than commission) shall be referred to as “party costs”.
375. (Payment in advance)
1. The applicant shall pay in advance the amount set by the court upon filing of a motion for execution as the necessary expenses of execution procedures. This shall apply in a case where the prior payment was not enough and the court in execution ordered the additional payment to fill the deficiency.
2. If the applicant does not pay such costs in advance, the court can dismiss the motion for execution or reverse the execution procedures.
3. A Chomtoah appeal may be filed against a ruling to dismiss a motion under Paragraph 2.
376. (Allocation of Execution costs)
1. Execution costs shall be borne by the debtor in execution.
2. In the case of execution of a claim the object of which is payment of money, execution costs can be collected simultaneously with the execution proceedings, without the need for a title of execution.
377. (Deposit of security)
Security ordered to be posted by a court or execution court shall be deposited by a party with such court in the form of cash or negotiable instruments approved by the court.
378. (Inspection of record of execution case, etc.)
1. An interested party can request the execution court responsible for execution to allow such party to inspect the case record or to be issued with a copy, authenticated copy, certified copy or extract thereof, or with a certificate relating to the particulars of the case.
2. An interested party can request the bailiff responsible for execution to allow such party to inspect the case record or to be issued with a copy, authenticated copy, certified copy or extract thereof, or with a certificate relating to the particulars of the case.
371. (Meaning of execution costs and procedural costs)
The following terms shall have the meanings respectively set forth beside each term: (a) “execution costs”: party costs prescribed in Article 372 (Motion filing fees), Article 373 (Costs other than commission) and Article 374 (Party costs);and
(b) “procedural costs”: among costs prescribed in Item (a), those that are of common benefit.
372. (Motion filing fees)
1. Upon filing a motion for execution at the execution court, the creditor in execution shall pay the amount of 10,000 riels to the court.
2. Upon filing a motion for execution with the bailiff, the fees provided separately shall be paid.
373. (Costs other than commission)
The creditor in execution shall pay as costs such amounts that are determined by the court to be necessary for procedural actions in the course of execution such as service of documents.
374. (Party costs)
Costs that the court finds to be necessary for implementation of execution apart from those prescribed in Article 372 (Motion filing fees) and Article 373 (Costs other than commission) shall be referred to as “party costs”.
375. (Payment in advance)
1. The applicant shall pay in advance the amount set by the court upon filing of a motion for execution as the necessary expenses of execution procedures. This shall apply in a case where the prior payment was not enough and the court in execution ordered the additional payment to fill the deficiency.
2. If the applicant does not pay such costs in advance, the court can dismiss the motion for execution or reverse the execution procedures.
3. A Chomtoah appeal may be filed against a ruling to dismiss a motion under Paragraph 2.
376. (Allocation of Execution costs)
1. Execution costs shall be borne by the debtor in execution.
2. In the case of execution of a claim the object of which is payment of money, execution costs can be collected simultaneously with the execution proceedings, without the need for a title of execution.
377. (Deposit of security)
Security ordered to be posted by a court or execution court shall be deposited by a party with such court in the form of cash or negotiable instruments approved by the court.
378. (Inspection of record of execution case, etc.)
1. An interested party can request the execution court responsible for execution to allow such party to inspect the case record or to be issued with a copy, authenticated copy, certified copy or extract thereof, or with a certificate relating to the particulars of the case.
2. An interested party can request the bailiff responsible for execution to allow such party to inspect the case record or to be issued with a copy, authenticated copy, certified copy or extract thereof, or with a certificate relating to the particulars of the case.
Section VI. Procedures for Distribution by Court
487. (Which court is to implement distribution)
The court to implement distribution shall be the court of first instance to which the bailiff belongs in the case of execution against movables, and the execution court in other cases.
488. (Preparations for distribution)
1. Upon the arising of any of the grounds described below, the court that is to carry out the distribution shall set a date for distribution and send notice of the date, time and place thereof to the creditors entitled to distribution and to the debtor:
(a) if in a case of execution against movables, the ground for deposit has been extinguished, in a case where there has been a report to a court under Paragraph 1 Article 400 (Deposit by bailiff with the court) or there has been a report under Article 401 (Report to court of first instance);
(b) if in a case of execution against a claim or other property rights, there has been a deposit (payment into court) under Article 412 (Collection Suits), a sale has been carried out pursuant to an order for sale under Article 413 (Ruling ordering sale) or the proceeds of sale have been submitted under Paragraph 2 of Article 414 (Execution of ruling of attachment of right to demand delivery of movables) ;
(c) if in a case of execution against an immovable, there has been payment of the sale price under Paragraph 1 of Article 447 (Payment of the price) or an application under the first sentence of Paragraph 3 of Article 447 (Payment of the price) has been made and a ruling permitting sale has become final and binding; or
(d) if in a case of execution against a vessel, there has been payment of the sale price under Article 479 (Payment of the price).
2. When the date of distribution has been fixed, the court clerk shall send a notice to each creditor to submit within one week, to the court that is to carry out the distribution, a statement of accounts indicating the principal of the claim, the interest until the date of distribution and the amount of execution costs.
489. (Implementation of distribution)
1. The court charged with distribution shall implement distribution in accordance with the distribution schedule in cases prescribed in Paragraph 1 of Article 488 (Preparations for distribution); provided that it shall not be necessary to follow the distribution schedule in cases prescribed in Paragraph 2.
2. If there is only one creditor, or where there are two or more creditors but the amount to be appropriated to distribution is sufficient to satisfy the claim of each creditor and the whole of the execution costs, the court responsible for distribution shall effect distribution to the creditor or creditors and deliver any surplus to the debtor in execution.
3. If after the time for distribution has arrived a document listed in Items (a) to (g) of Paragraph 1 of Article 370 (Stay and cancellation of execution) is filed, and there are creditors entitled to distribution other than the creditor(s) in execution, the court charged with distribution shall effect distribution to such creditors.
4. Even if after the time for distribution has arrived a document listed in Items (a) or (b) of Paragraph 2 of Article 370 (Stay and cancellation of execution) is filed, the court charged with distribution shall carry out distribution to such creditors.
490. (Preparation of distribution schedule)
1. The court responsible for distribution shall prepare a distribution schedule on the date of distribution except as providing in Paragraph 2 of Article 489 (Implementation of distribution).
2. On the date of distribution, the court shall summon the creditors in execution set forth below, together with the debtor(s) in execution:
(a) Execution against movables Creditors prescribed in Article 398 (Scope of creditors entitled to distribution)
(b) Execution against claims and other property rights Creditors prescribed in Article 415 (Scope of creditors eligible for distribution)
(c) Execution against immovables Creditors prescribed in Article 453 (The scope of creditors entitled to distribution)
(d) Execution against vessel Creditors prescribed in Article 486 (The scope of creditors entitled to distribution)
3. For the purpose of preparing the distribution schedule, the court shall examine the creditors and debtor(s) in execution who appear at court on the date of distribution, and shall verify such documentary evidence as can be verified on the spot.
4. The claim principal, the interest and other incidental claims, amount of execution costs, priority of distribution and amount shall be noted alongside the following amounts:
(a) Execution against movables Amount of proceeds of sale of attached articles and amount of money attached
(b) Execution against claims and other property rights Amount to be distributed
(c) Execution against immovables Amount of proceeds of sale
(d) Execution against vessel Amount of sale price
5. The priority and amount of distribution prescribed in Paragraph 4 shall be recorded in accordance with the agreement of all the creditors on the date of distribution, if such agreement is achieved, and in other cases in accordance with the provisions of the Civil Code, Commercial Code or other relevant law.
6. For the purposes of distribution, claims subject to a certain time stipulation which have not matured shall be deemed to have matured.
491. (Objection to entry in distribution table)
1. Any creditor, or any debtor in execution, who is dissatisfied with the claims of creditors or the amounts for distribution noted in a distribution table, may state an objection on the date of distribution.
2. The court responsible for implementing the distribution shall proceed to distribution of that portion of the distribution table to which there is no objection.
3. If a creditor in execution or creditor who has submitted a demand for distribution by virtue of an authenticated copy of enforceable title of execution receives payment of the whole of his/her claim, the debtor in execution may demand that the court clerk deliver up to him/her the authenticated copy of enforceable title of execution submitted by such creditor.
4. Where the case has finished, in circumstances other those described in Paragraph 3, the creditor described therein may demand that the court clerk deliver up to him/her the authenticated copy of enforceable title of execution; provided that if such creditor receives partial payment of his/her claim, the court clerk shall note such amount on the authenticated copy prior to delivering it up.
492. (Suit of objection by creditor who has stated an objection to the contents of a distribution table)
1. A creditor who has stated an objection to any entry in a distribution table shall file a suit of objection to such entry, naming the other party to the motion of objection as the defendant.
2. The court that is to effect the distribution shall have jurisdiction over suits described in Paragraph 1.
3. Unless a creditor who has stated an objection to an entry in a distribution table proves, not later than one week following the date of distribution, that the creditor has filed a suit described in Paragraph 1, the objection shall be deemed to have been withdrawn.
4. If a court finds in its judgment in a suit under Paragraph 1 that the objection is well founded, it shall cancel the distribution table in order that an amended or new distribution table may be prepared.
493. (Suit of objection by debtor in execution to contents of table of distribution)
1. A debtor in execution who has stated an objection to any entry in a distribution table against a creditor holding an authenticated copy of enforceable title of execution shall file a suit of objection to claim, naming the creditor who is the other party to the motion of objection as the defendant.
2. A debtor in execution who has stated an objection to any entry in a distribution table against a creditor who does not hold an authenticated copy of enforceable title of execution shall file a suit of objection to distribution, naming the creditor who is the other party to the motion of objection as the defendant.
3. The court that is to effect the distribution shall have jurisdiction over suits described in Paragraph 2.
4. Unless not later than one week following the date of distribution, a debtor in execution who has stated an objection to an entry in a distribution table proves the filing of a suit described in Paragraph 1 and files an authenticated copy of a decision staying execution by virtue of such suit, or proves the filing of a suit described in Paragraph 2, the objection shall be deemed to have been withdrawn.
5. If the court that is to execute the distribution finds in its judgment under Paragraph 2 that the objection is well founded, it shall cancel the table of distribution in order to amend it or prepare a new table.
494. (Retention of amount of distribution)
1. If any of the following grounds applies to a claim to which a creditor is entitled, the court that is to implement the distribution shall retain such amount:
(a) the claim is subject to a condition precedent or uncertain time stipulation;
(b) the claim belongs to a provisional attachment creditor;
(c) a document listed in Paragraph 2, Item (a) of Article 370 (Stay and cancellation of execution) has been submitted;
(d) an authenticated copy of a decision temporarily enjoining the exercise of a lien, pledge or hypothec relating to the claim has been submitted; and/or
(e) a suit of objection to an entry in a distribution table has been filed under Paragraph 1 of Article 492 (Suit of objection by creditor who has stated an objection to the contents of a distribution table) or Paragraph 2 of Article 493 (Suit of objection by debtor in execution to contents of table of distribution).
2. The court that is to execute the distribution shall retain the amount of distribution to any creditor who fails to appear at the court to receive such distribution.
495. (Implementation of distribution upon confirmation of rights, etc.)
1. If the ground of retention of distribution under Paragraph 1 of Article 494 (Retention of amount of distribution) disappears, the court that is to implement distribution shall proceed to distribute the retained money.
2. Where distribution is to be carried out under Paragraph 1, the court that is to implement distribution shall alter the distribution table even on behalf of creditors who have not stated an objection to an entry in the distribution table in the following cases:
(a) if it is no longer possible to make a distribution to a creditor whose distribution has been retained for a cause described in Items (a) through (d) of Paragraph 1 of Article 494 (Retention of amount of distribution);and/or
(b) if a creditor whose distribution has been retained for a reason described in Item (e) of Paragraph 1 of Article 494(Retention of amount of distribution) loses in a suit of objection to an entry in the distribution table filed by the debtor in execution under Paragraph 2 of Article 493 (Suit of objection by debtor in execution to contents of table of distribution).
The court to implement distribution shall be the court of first instance to which the bailiff belongs in the case of execution against movables, and the execution court in other cases.
488. (Preparations for distribution)
1. Upon the arising of any of the grounds described below, the court that is to carry out the distribution shall set a date for distribution and send notice of the date, time and place thereof to the creditors entitled to distribution and to the debtor:
(a) if in a case of execution against movables, the ground for deposit has been extinguished, in a case where there has been a report to a court under Paragraph 1 Article 400 (Deposit by bailiff with the court) or there has been a report under Article 401 (Report to court of first instance);
(b) if in a case of execution against a claim or other property rights, there has been a deposit (payment into court) under Article 412 (Collection Suits), a sale has been carried out pursuant to an order for sale under Article 413 (Ruling ordering sale) or the proceeds of sale have been submitted under Paragraph 2 of Article 414 (Execution of ruling of attachment of right to demand delivery of movables) ;
(c) if in a case of execution against an immovable, there has been payment of the sale price under Paragraph 1 of Article 447 (Payment of the price) or an application under the first sentence of Paragraph 3 of Article 447 (Payment of the price) has been made and a ruling permitting sale has become final and binding; or
(d) if in a case of execution against a vessel, there has been payment of the sale price under Article 479 (Payment of the price).
2. When the date of distribution has been fixed, the court clerk shall send a notice to each creditor to submit within one week, to the court that is to carry out the distribution, a statement of accounts indicating the principal of the claim, the interest until the date of distribution and the amount of execution costs.
489. (Implementation of distribution)
1. The court charged with distribution shall implement distribution in accordance with the distribution schedule in cases prescribed in Paragraph 1 of Article 488 (Preparations for distribution); provided that it shall not be necessary to follow the distribution schedule in cases prescribed in Paragraph 2.
2. If there is only one creditor, or where there are two or more creditors but the amount to be appropriated to distribution is sufficient to satisfy the claim of each creditor and the whole of the execution costs, the court responsible for distribution shall effect distribution to the creditor or creditors and deliver any surplus to the debtor in execution.
3. If after the time for distribution has arrived a document listed in Items (a) to (g) of Paragraph 1 of Article 370 (Stay and cancellation of execution) is filed, and there are creditors entitled to distribution other than the creditor(s) in execution, the court charged with distribution shall effect distribution to such creditors.
4. Even if after the time for distribution has arrived a document listed in Items (a) or (b) of Paragraph 2 of Article 370 (Stay and cancellation of execution) is filed, the court charged with distribution shall carry out distribution to such creditors.
490. (Preparation of distribution schedule)
1. The court responsible for distribution shall prepare a distribution schedule on the date of distribution except as providing in Paragraph 2 of Article 489 (Implementation of distribution).
2. On the date of distribution, the court shall summon the creditors in execution set forth below, together with the debtor(s) in execution:
(a) Execution against movables Creditors prescribed in Article 398 (Scope of creditors entitled to distribution)
(b) Execution against claims and other property rights Creditors prescribed in Article 415 (Scope of creditors eligible for distribution)
(c) Execution against immovables Creditors prescribed in Article 453 (The scope of creditors entitled to distribution)
(d) Execution against vessel Creditors prescribed in Article 486 (The scope of creditors entitled to distribution)
3. For the purpose of preparing the distribution schedule, the court shall examine the creditors and debtor(s) in execution who appear at court on the date of distribution, and shall verify such documentary evidence as can be verified on the spot.
4. The claim principal, the interest and other incidental claims, amount of execution costs, priority of distribution and amount shall be noted alongside the following amounts:
(a) Execution against movables Amount of proceeds of sale of attached articles and amount of money attached
(b) Execution against claims and other property rights Amount to be distributed
(c) Execution against immovables Amount of proceeds of sale
(d) Execution against vessel Amount of sale price
5. The priority and amount of distribution prescribed in Paragraph 4 shall be recorded in accordance with the agreement of all the creditors on the date of distribution, if such agreement is achieved, and in other cases in accordance with the provisions of the Civil Code, Commercial Code or other relevant law.
6. For the purposes of distribution, claims subject to a certain time stipulation which have not matured shall be deemed to have matured.
491. (Objection to entry in distribution table)
1. Any creditor, or any debtor in execution, who is dissatisfied with the claims of creditors or the amounts for distribution noted in a distribution table, may state an objection on the date of distribution.
2. The court responsible for implementing the distribution shall proceed to distribution of that portion of the distribution table to which there is no objection.
3. If a creditor in execution or creditor who has submitted a demand for distribution by virtue of an authenticated copy of enforceable title of execution receives payment of the whole of his/her claim, the debtor in execution may demand that the court clerk deliver up to him/her the authenticated copy of enforceable title of execution submitted by such creditor.
4. Where the case has finished, in circumstances other those described in Paragraph 3, the creditor described therein may demand that the court clerk deliver up to him/her the authenticated copy of enforceable title of execution; provided that if such creditor receives partial payment of his/her claim, the court clerk shall note such amount on the authenticated copy prior to delivering it up.
492. (Suit of objection by creditor who has stated an objection to the contents of a distribution table)
1. A creditor who has stated an objection to any entry in a distribution table shall file a suit of objection to such entry, naming the other party to the motion of objection as the defendant.
2. The court that is to effect the distribution shall have jurisdiction over suits described in Paragraph 1.
3. Unless a creditor who has stated an objection to an entry in a distribution table proves, not later than one week following the date of distribution, that the creditor has filed a suit described in Paragraph 1, the objection shall be deemed to have been withdrawn.
4. If a court finds in its judgment in a suit under Paragraph 1 that the objection is well founded, it shall cancel the distribution table in order that an amended or new distribution table may be prepared.
493. (Suit of objection by debtor in execution to contents of table of distribution)
1. A debtor in execution who has stated an objection to any entry in a distribution table against a creditor holding an authenticated copy of enforceable title of execution shall file a suit of objection to claim, naming the creditor who is the other party to the motion of objection as the defendant.
2. A debtor in execution who has stated an objection to any entry in a distribution table against a creditor who does not hold an authenticated copy of enforceable title of execution shall file a suit of objection to distribution, naming the creditor who is the other party to the motion of objection as the defendant.
3. The court that is to effect the distribution shall have jurisdiction over suits described in Paragraph 2.
4. Unless not later than one week following the date of distribution, a debtor in execution who has stated an objection to an entry in a distribution table proves the filing of a suit described in Paragraph 1 and files an authenticated copy of a decision staying execution by virtue of such suit, or proves the filing of a suit described in Paragraph 2, the objection shall be deemed to have been withdrawn.
5. If the court that is to execute the distribution finds in its judgment under Paragraph 2 that the objection is well founded, it shall cancel the table of distribution in order to amend it or prepare a new table.
494. (Retention of amount of distribution)
1. If any of the following grounds applies to a claim to which a creditor is entitled, the court that is to implement the distribution shall retain such amount:
(a) the claim is subject to a condition precedent or uncertain time stipulation;
(b) the claim belongs to a provisional attachment creditor;
(c) a document listed in Paragraph 2, Item (a) of Article 370 (Stay and cancellation of execution) has been submitted;
(d) an authenticated copy of a decision temporarily enjoining the exercise of a lien, pledge or hypothec relating to the claim has been submitted; and/or
(e) a suit of objection to an entry in a distribution table has been filed under Paragraph 1 of Article 492 (Suit of objection by creditor who has stated an objection to the contents of a distribution table) or Paragraph 2 of Article 493 (Suit of objection by debtor in execution to contents of table of distribution).
2. The court that is to execute the distribution shall retain the amount of distribution to any creditor who fails to appear at the court to receive such distribution.
495. (Implementation of distribution upon confirmation of rights, etc.)
1. If the ground of retention of distribution under Paragraph 1 of Article 494 (Retention of amount of distribution) disappears, the court that is to implement distribution shall proceed to distribute the retained money.
2. Where distribution is to be carried out under Paragraph 1, the court that is to implement distribution shall alter the distribution table even on behalf of creditors who have not stated an objection to an entry in the distribution table in the following cases:
(a) if it is no longer possible to make a distribution to a creditor whose distribution has been retained for a cause described in Items (a) through (d) of Paragraph 1 of Article 494 (Retention of amount of distribution);and/or
(b) if a creditor whose distribution has been retained for a reason described in Item (e) of Paragraph 1 of Article 494(Retention of amount of distribution) loses in a suit of objection to an entry in the distribution table filed by the debtor in execution under Paragraph 2 of Article 493 (Suit of objection by debtor in execution to contents of table of distribution).
Sub-section II. Terms of sale
430. (Valuation)
1. The execution court shall appoint a valuer and order a valuation of the immovable, based on examination of its configuration, occupancy and other existing circumstances.
2. The valuer must obtain the permission of the execution court in order to request the assistance of the bailiff pursuant to Paragraph 2 of Article 338 (Ensuring performance of duties by bailiffs, etc.)
3. When carrying out an examination for the purpose of valuation, the valuer may enter the immovable, question the debtor in execution or other third party in possession thereof and/or request the presentation of documents by said persons.
4. A bailiff whose assistance has been requested by a valuer under Paragraph 2 of Article 338 (Ensuring performance of duties by bailiffs, etc.) may take the necessary measures to open locked doors if required in cases where the valuer enters immovable pursuant to Paragraph 3.
5. The valuer shall report in writing to the execution court the results of examination of the immovable and its valuation.
431. (Rights which remain in existence after sale and rights which are extinguished)
1. Real security interests, usufructuary real rights and leases on the immovable that can be asserted against attachment by the creditor in execution shall remain in effect after sale.
2. Interests in the immovable other than those prescribed in Paragraph 1 shall be extinguished by sale.
3. Any attachment, execution of provisional attachment or provisional disposition relating to the immovable which cannot be asserted against the creditor in execution or provisional attachment creditor will lapse upon sale.
4. If an interested person gives notice by the time of the fixing of the minimum sale price [to the execution court] that an agreement deviating from the provisions of Paragraphs 1 and 2 has been made, such agreement shall govern all changes in interests in the immovable arising from the sale.
432. (Determination of minimum sale price, etc.)
1. The execution court shall determine the minimum sale price on the basis of the valuation by the valuer.
2. Where it deems necessary, the execution court may change the minimum sale price.
433. (Sale of immovable as undivided whole)
The execution court may decide to conduct a sale of a number of immovable properties as undivided whole, if it deems reasonable to have the same purchaser to purchase them together in light of mutual use of such properties, even if the properties have different creditors in execution or debtors in execution, provided that if the whole of the claims of the creditors in execution and execution costs are likely to be satisfied by the minimum sale price of a portion of the properties for which a ruling of commencement of compulsory sale has been made on the basis of a single motion, this provision shall apply only in cases where the debtor, or debtors, as the case may be, consents or consent.
434. (Specifications of property)
1. The execution court shall draw up specifications and keep a copy of such specifications together with the valuer’s valuation report available for public inspection at the court. The specifications shall include following items:
(a) a description of the immovable; and
(b) interests in the land that will remain in force after sale in accordance with Article 431 (Rights which remain in existence after sale and rights which are extinguished) Paragraph 1 and execution of provisional disposition that will not lapse upon sale.
2. The execution court may, if it deems necessary in order to prepare the specification provided in the Paragraph 1, order a bailiff to examine configuration, occupancy, structures of a building(s) in case a building(s) exist or subject matter of the execution is a building, and other existing circumstances, and to report the results of the examination in writing.
3. A bailiff has the same authority as that of a valuer provided in the Paragraph 3 of Article 430 (Valuation) when the bailiff examines the existing conditions of the immovable property according to the order provided in the Paragraph 2.
435. (Measures to be taken if there is likely to be a deficit)
1. If the execution court finds that that a surplus is unlikely to arise after paying the procedural costs out of the minimum sale price of the immovable, the court shall notify the creditor in execution to this effect.
2. The execution court must cancel the compulsory sale proceedings based on the motion of the execution creditor when the execution creditor fails to perform the following actions:
(a) to make an offer [to the execution court] to buy him/herself in a fixed amount if there is no offer to purchase [by any other person] that reaches the said fixed amount, provided that the offer must be made within a week after receiving the notice described in Paragraph 1, and the said fixed amount must exceed the estimated amount of procedural costs; and (b) to provide a guarantee in the amount offered.
1. The execution court shall appoint a valuer and order a valuation of the immovable, based on examination of its configuration, occupancy and other existing circumstances.
2. The valuer must obtain the permission of the execution court in order to request the assistance of the bailiff pursuant to Paragraph 2 of Article 338 (Ensuring performance of duties by bailiffs, etc.)
3. When carrying out an examination for the purpose of valuation, the valuer may enter the immovable, question the debtor in execution or other third party in possession thereof and/or request the presentation of documents by said persons.
4. A bailiff whose assistance has been requested by a valuer under Paragraph 2 of Article 338 (Ensuring performance of duties by bailiffs, etc.) may take the necessary measures to open locked doors if required in cases where the valuer enters immovable pursuant to Paragraph 3.
5. The valuer shall report in writing to the execution court the results of examination of the immovable and its valuation.
431. (Rights which remain in existence after sale and rights which are extinguished)
1. Real security interests, usufructuary real rights and leases on the immovable that can be asserted against attachment by the creditor in execution shall remain in effect after sale.
2. Interests in the immovable other than those prescribed in Paragraph 1 shall be extinguished by sale.
3. Any attachment, execution of provisional attachment or provisional disposition relating to the immovable which cannot be asserted against the creditor in execution or provisional attachment creditor will lapse upon sale.
4. If an interested person gives notice by the time of the fixing of the minimum sale price [to the execution court] that an agreement deviating from the provisions of Paragraphs 1 and 2 has been made, such agreement shall govern all changes in interests in the immovable arising from the sale.
432. (Determination of minimum sale price, etc.)
1. The execution court shall determine the minimum sale price on the basis of the valuation by the valuer.
2. Where it deems necessary, the execution court may change the minimum sale price.
433. (Sale of immovable as undivided whole)
The execution court may decide to conduct a sale of a number of immovable properties as undivided whole, if it deems reasonable to have the same purchaser to purchase them together in light of mutual use of such properties, even if the properties have different creditors in execution or debtors in execution, provided that if the whole of the claims of the creditors in execution and execution costs are likely to be satisfied by the minimum sale price of a portion of the properties for which a ruling of commencement of compulsory sale has been made on the basis of a single motion, this provision shall apply only in cases where the debtor, or debtors, as the case may be, consents or consent.
434. (Specifications of property)
1. The execution court shall draw up specifications and keep a copy of such specifications together with the valuer’s valuation report available for public inspection at the court. The specifications shall include following items:
(a) a description of the immovable; and
(b) interests in the land that will remain in force after sale in accordance with Article 431 (Rights which remain in existence after sale and rights which are extinguished) Paragraph 1 and execution of provisional disposition that will not lapse upon sale.
2. The execution court may, if it deems necessary in order to prepare the specification provided in the Paragraph 1, order a bailiff to examine configuration, occupancy, structures of a building(s) in case a building(s) exist or subject matter of the execution is a building, and other existing circumstances, and to report the results of the examination in writing.
3. A bailiff has the same authority as that of a valuer provided in the Paragraph 3 of Article 430 (Valuation) when the bailiff examines the existing conditions of the immovable property according to the order provided in the Paragraph 2.
435. (Measures to be taken if there is likely to be a deficit)
1. If the execution court finds that that a surplus is unlikely to arise after paying the procedural costs out of the minimum sale price of the immovable, the court shall notify the creditor in execution to this effect.
2. The execution court must cancel the compulsory sale proceedings based on the motion of the execution creditor when the execution creditor fails to perform the following actions:
(a) to make an offer [to the execution court] to buy him/herself in a fixed amount if there is no offer to purchase [by any other person] that reaches the said fixed amount, provided that the offer must be made within a week after receiving the notice described in Paragraph 1, and the said fixed amount must exceed the estimated amount of procedural costs; and (b) to provide a guarantee in the amount offered.
Chapter One TENOR OF CODE, PURPOSE OF CIVIL ACTIONS, OBLIGATIONS OF COURT AND PARTIES
Chapter One TENOR OF CODE, PURPOSE OF CIVIL ACTIONS,
OBLIGATIONS OF COURT AND PARTIES
1. (Tenor of Code)
Procedures relating to civil actions shall, except as otherwise provided by other laws, conform to the provisions of this Code.
2. (Purpose of civil actions, right to obtain trial)
2.1. The purpose of civil actions is to have courts resolve civil disputes in accordance with the law in order to protect the rights of private parties.
2.2. The right of all persons to obtain a court trial in a civil dispute shall be guaranteed.
3. (Right to request examination, the principle of "La Contradiction")
3.1. No party shall be tried without being heard or summoned.
3.2. The court shall, in all cases, preserve the principle of "La Contradiction1."
4. (Obligations of court and parties)
Courts shall make efforts to ensure that civil actions are conducted fairly and speedily, and parties shall pursue civil actions honestly and in good faith.
5. (Language used at court, right of party to request interpreter)
5.1. The Khmer language shall be used at court.
5.2. A party who cannot understand the Khmer language may hire a qualified interpreter.
Where a party cannot afford to hire a qualified interpreter, the state shall provide a qualified interpreter.
6. (Attendance of public prosecutors)
6.1. Where the court deems it necessary for the public welfare, the court shall notify public prosecutors of the receipt of a complaint on a case [that may possibly require the attendance of public prosecutors].
6.2. Regardless of whether public prosecutors have received a notice described in Paragraph 1, public prosecutors may, where they deems it necessary for the public welfare, attend the proceedings of a civil action and present opinions.
Procedures relating to civil actions shall, except as otherwise provided by other laws, conform to the provisions of this Code.
2. (Purpose of civil actions, right to obtain trial)
2.1. The purpose of civil actions is to have courts resolve civil disputes in accordance with the law in order to protect the rights of private parties.
2.2. The right of all persons to obtain a court trial in a civil dispute shall be guaranteed.
3. (Right to request examination, the principle of "La Contradiction")
3.1. No party shall be tried without being heard or summoned.
3.2. The court shall, in all cases, preserve the principle of "La Contradiction1."
4. (Obligations of court and parties)
Courts shall make efforts to ensure that civil actions are conducted fairly and speedily, and parties shall pursue civil actions honestly and in good faith.
5. (Language used at court, right of party to request interpreter)
5.1. The Khmer language shall be used at court.
5.2. A party who cannot understand the Khmer language may hire a qualified interpreter.
Where a party cannot afford to hire a qualified interpreter, the state shall provide a qualified interpreter.
6. (Attendance of public prosecutors)
6.1. Where the court deems it necessary for the public welfare, the court shall notify public prosecutors of the receipt of a complaint on a case [that may possibly require the attendance of public prosecutors].
6.2. Regardless of whether public prosecutors have received a notice described in Paragraph 1, public prosecutors may, where they deems it necessary for the public welfare, attend the proceedings of a civil action and present opinions.
Saturday, June 6, 2015
Sub-section II. Terms of sale - 01
Sub-section II. Terms of sale
430. (Valuation)
1. The execution court shall appoint a valuer and order a valuation of the immovable, based on examination of its configuration, occupancy and other existing circumstances.
2. The valuer must obtain the permission of the execution court in order to request the assistance of the bailiff pursuant to Paragraph 2 of Article 338 (Ensuring performance of duties by bailiffs, etc.)
3. When carrying out an examination for the purpose of valuation, the valuer may enter the immovable, question the debtor in execution or other third party in possession thereof and/or request the presentation of documents by said persons.
4. A bailiff whose assistance has been requested by a valuer under Paragraph 2 of Article 338 (Ensuring performance of duties by bailiffs, etc.) may take the necessary measures to open locked doors if required in cases where the valuer enters immovable pursuant to Paragraph 3.
5. The valuer shall report in writing to the execution court the results of examination of the immovable and its valuation.
431. (Rights which remain in existence after sale and rights which are extinguished)
1. Real security interests, usufructuary real rights and leases on the immovable that can be asserted against attachment by the creditor in execution shall remain in effect after sale.
2. Interests in the immovable other than those prescribed in Paragraph 1 shall be extinguished by sale.
3. Any attachment, execution of provisional attachment or provisional disposition relating to the immovable which cannot be asserted against the creditor in execution or provisional attachment creditor will lapse upon sale.
4. If an interested person gives notice by the time of the fixing of the minimum sale price [to the execution court] that an agreement deviating from the provisions of Paragraphs 1 and 2 has been made, such agreement shall govern all changes in interests in the immovable arising from the sale.
432. (Determination of minimum sale price, etc.)
1. The execution court shall determine the minimum sale price on the basis of the valuation by the valuer.
2. Where it deems necessary, the execution court may change the minimum sale price.
433. (Sale of immovable as undivided whole)
The execution court may decide to conduct a sale of a number of immovable properties as undivided whole, if it deems reasonable to have the same purchaser to purchase them together in light of mutual use of such properties, even if the properties have different creditors in execution or debtors in execution, provided that if the whole of the claims of the creditors in execution and execution costs are likely to be satisfied by the minimum sale price of a portion of the properties for which a ruling of commencement of compulsory sale has been made on the basis of a single motion, this provision shall apply only in cases where the debtor, or debtors, as the case may be, consents or consent.
434. (Specifications of property)
1. The execution court shall draw up specifications and keep a copy of such specifications together with the valuer’s valuation report available for public inspection at the court. The specifications shall include following items:
(a) a description of the immovable; and
(b) interests in the land that will remain in force after sale in accordance with Article 431 (Rights which remain in existence after sale and rights which are extinguished) Paragraph 1 and execution of provisional disposition that will not lapse upon sale.
2. The execution court may, if it deems necessary in order to prepare the specification provided in the Paragraph 1, order a bailiff to examine configuration, occupancy, structures of a building(s) in case a building(s) exist or subject matter of the execution is a building, and other existing circumstances, and to report the results of the examination in writing.
3. A bailiff has the same authority as that of a valuer provided in the Paragraph 3 of Article 430 (Valuation) when the bailiff examines the existing conditions of the immovable property according to the order provided in the Paragraph 2.
435. (Measures to be taken if there is likely to be a deficit)
1. If the execution court finds that that a surplus is unlikely to arise after paying the procedural costs out of the minimum sale price of the immovable, the court shall notify the creditor in execution to this effect.
2. The execution court must cancel the compulsory sale proceedings based on the motion of the execution creditor when the execution creditor fails to perform the following actions:
(a) to make an offer [to the execution court] to buy him/herself in a fixed amount if there is no offer to purchase [by any other person] that reaches the said fixed amount, provided that the offer must be made within a week after receiving the notice described in Paragraph 1, and the said fixed amount must exceed the estimated amount of procedural costs; and (b) to provide a guarantee in the amount offered.
1. The execution court shall appoint a valuer and order a valuation of the immovable, based on examination of its configuration, occupancy and other existing circumstances.
2. The valuer must obtain the permission of the execution court in order to request the assistance of the bailiff pursuant to Paragraph 2 of Article 338 (Ensuring performance of duties by bailiffs, etc.)
3. When carrying out an examination for the purpose of valuation, the valuer may enter the immovable, question the debtor in execution or other third party in possession thereof and/or request the presentation of documents by said persons.
4. A bailiff whose assistance has been requested by a valuer under Paragraph 2 of Article 338 (Ensuring performance of duties by bailiffs, etc.) may take the necessary measures to open locked doors if required in cases where the valuer enters immovable pursuant to Paragraph 3.
5. The valuer shall report in writing to the execution court the results of examination of the immovable and its valuation.
431. (Rights which remain in existence after sale and rights which are extinguished)
1. Real security interests, usufructuary real rights and leases on the immovable that can be asserted against attachment by the creditor in execution shall remain in effect after sale.
2. Interests in the immovable other than those prescribed in Paragraph 1 shall be extinguished by sale.
3. Any attachment, execution of provisional attachment or provisional disposition relating to the immovable which cannot be asserted against the creditor in execution or provisional attachment creditor will lapse upon sale.
4. If an interested person gives notice by the time of the fixing of the minimum sale price [to the execution court] that an agreement deviating from the provisions of Paragraphs 1 and 2 has been made, such agreement shall govern all changes in interests in the immovable arising from the sale.
432. (Determination of minimum sale price, etc.)
1. The execution court shall determine the minimum sale price on the basis of the valuation by the valuer.
2. Where it deems necessary, the execution court may change the minimum sale price.
433. (Sale of immovable as undivided whole)
The execution court may decide to conduct a sale of a number of immovable properties as undivided whole, if it deems reasonable to have the same purchaser to purchase them together in light of mutual use of such properties, even if the properties have different creditors in execution or debtors in execution, provided that if the whole of the claims of the creditors in execution and execution costs are likely to be satisfied by the minimum sale price of a portion of the properties for which a ruling of commencement of compulsory sale has been made on the basis of a single motion, this provision shall apply only in cases where the debtor, or debtors, as the case may be, consents or consent.
434. (Specifications of property)
1. The execution court shall draw up specifications and keep a copy of such specifications together with the valuer’s valuation report available for public inspection at the court. The specifications shall include following items:
(a) a description of the immovable; and
(b) interests in the land that will remain in force after sale in accordance with Article 431 (Rights which remain in existence after sale and rights which are extinguished) Paragraph 1 and execution of provisional disposition that will not lapse upon sale.
2. The execution court may, if it deems necessary in order to prepare the specification provided in the Paragraph 1, order a bailiff to examine configuration, occupancy, structures of a building(s) in case a building(s) exist or subject matter of the execution is a building, and other existing circumstances, and to report the results of the examination in writing.
3. A bailiff has the same authority as that of a valuer provided in the Paragraph 3 of Article 430 (Valuation) when the bailiff examines the existing conditions of the immovable property according to the order provided in the Paragraph 2.
435. (Measures to be taken if there is likely to be a deficit)
1. If the execution court finds that that a surplus is unlikely to arise after paying the procedural costs out of the minimum sale price of the immovable, the court shall notify the creditor in execution to this effect.
2. The execution court must cancel the compulsory sale proceedings based on the motion of the execution creditor when the execution creditor fails to perform the following actions:
(a) to make an offer [to the execution court] to buy him/herself in a fixed amount if there is no offer to purchase [by any other person] that reaches the said fixed amount, provided that the offer must be made within a week after receiving the notice described in Paragraph 1, and the said fixed amount must exceed the estimated amount of procedural costs; and (b) to provide a guarantee in the amount offered.
Chapter Two Execution of Claims Having the Object of Monetary Payment
Chapter Two Execution of Claims Having the Object of Monetary Payment
Section I. Attachable Property
379. (Principles)
Except where otherwise provided in this or another law, attachment can be carried out against all tangible and intangible property belonging to the debtor in execution.
380. (Property exempt from attachment)
The following property cannot be attached:
(a) clothing, bedding, furniture, kitchen appliances and house fittings that are indispensable for the daily living of the debtor in execution and his/her family living under the same roof;12
(b) foodstuffs and fuel sufficient for two months for the debtor in execution and his/her family living under the same roof;
(c) money or articles received by the debtor in execution from the central or local government pursuant to any livelihood, educational, medical or other welfare program;
(d) apart from the money prescribed in Item (c), money up to 1,000,000 riels;
(e) tools, fertilizer, domestic livestock and their feed that are necessary for the work of persons engaged predominantly in agriculture by their own labor, together with seeds and other agricultural products required in order to continue such work until the next harvest;
(f) nets and other fishing equipment, feed, young fish and other fishery products that are necessary for the work of catching or raising fish by persons engaged in fisheries predominantly by their own labor;
(g) tools and other objects that are necessary for the work of technicians, artisans laborers and other persons engaged in an occupation or business predominantly using their own intellectual or physical work; provided that objects that are held with the object of sale or lease can be attached;
(h) Buddha images, sacred books and other objects directly used in worship or religious ceremonies;
(i) genealogical records, diaries, trade books and similar objects required by the debtor in execution;
(j) objects commemorating awards or other honors received by the debtor in execution or a family member;
(k) books and other equipment necessary for study at a school or other educational institution by the debtor in execution or a family member residing under the same roof;
(l) an invention or work that has not yet been laid open;
(m) an artificial hand, leg, ear, eye or other prosthetic body part, or other thing necessary for nursing any sickness of the debtor in execution or a family member residing under the same roof; and
(n) fire fighting equipment, apparatus, escape apparatus and other equipment required to be installed by law for prevention of disaster and security of 12 Literally “the debtor and any cohabiting relative having a common livelihood with the debtor” buildings and other structures.
381. (Change of scope of exempt movables)
1. Upon motion, the court of first instance to which the bailiff belongs can cancel the whole or part of any attachment carried out by a bailiff, or permit the attachment of any movables listed in Article 380 (Property exempt from attachment), taking into account the living conditions of the debtor in execution and the creditor in execution and other circumstances.
2. If there has been a change of circumstances, the court of first instance to which the bailiff belongs can permit attachment of movables of which attachment has been cancelled under Paragraph 1, or order the cancellation of the whole or part of any attachment under said Paragraph.
3. Where a motion is filed seeking cancellation of attachment under Paragraphs 1 or
2, the court of first instance to which the bailiff belongs can order a stay of execution until such time as said ruling comes into force, with or without requiring the posting of security.
4. Chomtoah appeals can be filed against rulings dismissing motions under Paragraphs 1 or 2, or rulings permitting attachment under said provisions.
382. (Rights exempt from attachment (garnishment))
1. Salaries, wages and other rights in the nature of compensation for work shall only be attachable to the extent set forth below, in respect of the balance remaining after deduction of taxation and social insurance premiums from the amount receivable by the debtor in execution on the date of payment of such compensation:
(a) none of the amount up to the amount of 200,000 riels per month;
(b) one quarter of the amount exceeding 200,000 riels up to the amount of 600,000 riels per month;
(c) one third of the amount exceeding 600,000 riels up to the amount of 2,000,000 riels per month;
(d) one half of the amount exceeding 2,000,000 riels up to the amount of 4,000,000 riels per month;
(e) two thirds of the amount exceeding 4,000,000 riels up to the amount of 6,000,000 riels per month; and
(f) the whole of the amount exceeding 6,000,000 riels per month.
2. Rights to receive livelihood support, educational support, medical support or other support having the objective of protecting the livelihood of the debtor in execution cannot be attached.
383. (Change of scope of garnishment)
1. Upon motion, the execution court can cancel the whole or part of any attachment ruling, or make a ruling for attachment of any rights prohibited from being attached under Article 382 (Rights exempt from attachment (garnishment)), taking into account the living conditions of the debtor in execution and the creditor in execution and other circumstances.
2. If there has been a change of circumstances, the execution court, upon motion, can attach rights of which attachment has been cancelled under Paragraph 1, or cancel the whole or part of any attachment ruling under said Paragraph.
3. Where a motion is filed under Paragraphs 1 or 2, the execution court can order prohibition of payment or other performance by a third party debtor prescribed in Article 402 (Meaning of execution against claims and execution court) until such time as the ruling comes into force, with or without requiring the posting of security.
4. Chomtoah appeals can be filed against rulings dismissing motions seeking cancellation of execution rulings under Paragraphs 1 or 2.
379. (Principles)
Except where otherwise provided in this or another law, attachment can be carried out against all tangible and intangible property belonging to the debtor in execution.
380. (Property exempt from attachment)
The following property cannot be attached:
(a) clothing, bedding, furniture, kitchen appliances and house fittings that are indispensable for the daily living of the debtor in execution and his/her family living under the same roof;12
(b) foodstuffs and fuel sufficient for two months for the debtor in execution and his/her family living under the same roof;
(c) money or articles received by the debtor in execution from the central or local government pursuant to any livelihood, educational, medical or other welfare program;
(d) apart from the money prescribed in Item (c), money up to 1,000,000 riels;
(e) tools, fertilizer, domestic livestock and their feed that are necessary for the work of persons engaged predominantly in agriculture by their own labor, together with seeds and other agricultural products required in order to continue such work until the next harvest;
(f) nets and other fishing equipment, feed, young fish and other fishery products that are necessary for the work of catching or raising fish by persons engaged in fisheries predominantly by their own labor;
(g) tools and other objects that are necessary for the work of technicians, artisans laborers and other persons engaged in an occupation or business predominantly using their own intellectual or physical work; provided that objects that are held with the object of sale or lease can be attached;
(h) Buddha images, sacred books and other objects directly used in worship or religious ceremonies;
(i) genealogical records, diaries, trade books and similar objects required by the debtor in execution;
(j) objects commemorating awards or other honors received by the debtor in execution or a family member;
(k) books and other equipment necessary for study at a school or other educational institution by the debtor in execution or a family member residing under the same roof;
(l) an invention or work that has not yet been laid open;
(m) an artificial hand, leg, ear, eye or other prosthetic body part, or other thing necessary for nursing any sickness of the debtor in execution or a family member residing under the same roof; and
(n) fire fighting equipment, apparatus, escape apparatus and other equipment required to be installed by law for prevention of disaster and security of 12 Literally “the debtor and any cohabiting relative having a common livelihood with the debtor” buildings and other structures.
381. (Change of scope of exempt movables)
1. Upon motion, the court of first instance to which the bailiff belongs can cancel the whole or part of any attachment carried out by a bailiff, or permit the attachment of any movables listed in Article 380 (Property exempt from attachment), taking into account the living conditions of the debtor in execution and the creditor in execution and other circumstances.
2. If there has been a change of circumstances, the court of first instance to which the bailiff belongs can permit attachment of movables of which attachment has been cancelled under Paragraph 1, or order the cancellation of the whole or part of any attachment under said Paragraph.
3. Where a motion is filed seeking cancellation of attachment under Paragraphs 1 or
2, the court of first instance to which the bailiff belongs can order a stay of execution until such time as said ruling comes into force, with or without requiring the posting of security.
4. Chomtoah appeals can be filed against rulings dismissing motions under Paragraphs 1 or 2, or rulings permitting attachment under said provisions.
382. (Rights exempt from attachment (garnishment))
1. Salaries, wages and other rights in the nature of compensation for work shall only be attachable to the extent set forth below, in respect of the balance remaining after deduction of taxation and social insurance premiums from the amount receivable by the debtor in execution on the date of payment of such compensation:
(a) none of the amount up to the amount of 200,000 riels per month;
(b) one quarter of the amount exceeding 200,000 riels up to the amount of 600,000 riels per month;
(c) one third of the amount exceeding 600,000 riels up to the amount of 2,000,000 riels per month;
(d) one half of the amount exceeding 2,000,000 riels up to the amount of 4,000,000 riels per month;
(e) two thirds of the amount exceeding 4,000,000 riels up to the amount of 6,000,000 riels per month; and
(f) the whole of the amount exceeding 6,000,000 riels per month.
2. Rights to receive livelihood support, educational support, medical support or other support having the objective of protecting the livelihood of the debtor in execution cannot be attached.
383. (Change of scope of garnishment)
1. Upon motion, the execution court can cancel the whole or part of any attachment ruling, or make a ruling for attachment of any rights prohibited from being attached under Article 382 (Rights exempt from attachment (garnishment)), taking into account the living conditions of the debtor in execution and the creditor in execution and other circumstances.
2. If there has been a change of circumstances, the execution court, upon motion, can attach rights of which attachment has been cancelled under Paragraph 1, or cancel the whole or part of any attachment ruling under said Paragraph.
3. Where a motion is filed under Paragraphs 1 or 2, the execution court can order prohibition of payment or other performance by a third party debtor prescribed in Article 402 (Meaning of execution against claims and execution court) until such time as the ruling comes into force, with or without requiring the posting of security.
4. Chomtoah appeals can be filed against rulings dismissing motions seeking cancellation of execution rulings under Paragraphs 1 or 2.
Friday, June 5, 2015
Section I. Attachable Property
Section I. Attachable Property
379. (Principles)
Except where otherwise provided in this or another law, attachment can be carried out against all tangible and intangible property belonging to the debtor in execution.
380. (Property exempt from attachment)
The following property cannot be attached:
(a) clothing, bedding, furniture, kitchen appliances and house fittings that are indispensable for the daily living of the debtor in execution and his/her family living under the same roof;12
(b) foodstuffs and fuel sufficient for two months for the debtor in execution and his/her family living under the same roof;
(c) money or articles received by the debtor in execution from the central or local government pursuant to any livelihood, educational, medical or other welfare program;
(d) apart from the money prescribed in Item (c), money up to 1,000,000 riels;
(e) tools, fertilizer, domestic livestock and their feed that are necessary for the work of persons engaged predominantly in agriculture by their own labor, together with seeds and other agricultural products required in order to continue such work until the next harvest;
(f) nets and other fishing equipment, feed, young fish and other fishery products that are necessary for the work of catching or raising fish by persons engaged in fisheries predominantly by their own labor;
(g) tools and other objects that are necessary for the work of technicians, artisans laborers and other persons engaged in an occupation or business predominantly using their own intellectual or physical work; provided that objects that are held with the object of sale or lease can be attached;
(h) Buddha images, sacred books and other objects directly used in worship or religious ceremonies;
(i) genealogical records, diaries, trade books and similar objects required by the debtor in execution;
(j) objects commemorating awards or other honors received by the debtor in execution or a family member;
(k) books and other equipment necessary for study at a school or other educational institution by the debtor in execution or a family member residing under the same roof;
(l) an invention or work that has not yet been laid open;
(m) an artificial hand, leg, ear, eye or other prosthetic body part, or other thing necessary for nursing any sickness of the debtor in execution or a family member residing under the same roof; and
(n) fire fighting equipment, apparatus, escape apparatus and other equipment required to be installed by law for prevention of disaster and security of 12 Literally “the debtor and any cohabiting relative having a common livelihood with the debtor” buildings and other structures.
381. (Change of scope of exempt movables)
1. Upon motion, the court of first instance to which the bailiff belongs can cancel the whole or part of any attachment carried out by a bailiff, or permit the attachment of any movables listed in Article 380 (Property exempt from attachment), taking into account the living conditions of the debtor in execution and the creditor in execution and other circumstances.
2. If there has been a change of circumstances, the court of first instance to which the bailiff belongs can permit attachment of movables of which attachment has been cancelled under Paragraph 1, or order the cancellation of the whole or part of any attachment under said Paragraph.
3. Where a motion is filed seeking cancellation of attachment under Paragraphs 1 or
2, the court of first instance to which the bailiff belongs can order a stay of execution until such time as said ruling comes into force, with or without requiring the posting of security.
4. Chomtoah appeals can be filed against rulings dismissing motions under Paragraphs 1 or 2, or rulings permitting attachment under said provisions.
382. (Rights exempt from attachment (garnishment))
1. Salaries, wages and other rights in the nature of compensation for work shall only be attachable to the extent set forth below, in respect of the balance remaining after deduction of taxation and social insurance premiums from the amount receivable by the debtor in execution on the date of payment of such compensation:
(a) none of the amount up to the amount of 200,000 riels per month;
(b) one quarter of the amount exceeding 200,000 riels up to the amount of 600,000 riels per month;
(c) one third of the amount exceeding 600,000 riels up to the amount of 2,000,000 riels per month;
(d) one half of the amount exceeding 2,000,000 riels up to the amount of 4,000,000 riels per month;
(e) two thirds of the amount exceeding 4,000,000 riels up to the amount of 6,000,000 riels per month; and
(f) the whole of the amount exceeding 6,000,000 riels per month.
2. Rights to receive livelihood support, educational support, medical support or other support having the objective of protecting the livelihood of the debtor in execution cannot be attached.
383. (Change of scope of garnishment)
1. Upon motion, the execution court can cancel the whole or part of any attachment ruling, or make a ruling for attachment of any rights prohibited from being attached under Article 382 (Rights exempt from attachment (garnishment)), taking into account the living conditions of the debtor in execution and the creditor in execution and other circumstances.
2. If there has been a change of circumstances, the execution court, upon motion, can attach rights of which attachment has been cancelled under Paragraph 1, or cancel the whole or part of any attachment ruling under said Paragraph.
3. Where a motion is filed under Paragraphs 1 or 2, the execution court can order prohibition of payment or other performance by a third party debtor prescribed in Article 402 (Meaning of execution against claims and execution court) until such time as the ruling comes into force, with or without requiring the posting of security.
4. Chomtoah appeals can be filed against rulings dismissing motions seeking cancellation of execution rulings under Paragraphs 1 or 2.
379. (Principles)
Except where otherwise provided in this or another law, attachment can be carried out against all tangible and intangible property belonging to the debtor in execution.
380. (Property exempt from attachment)
The following property cannot be attached:
(a) clothing, bedding, furniture, kitchen appliances and house fittings that are indispensable for the daily living of the debtor in execution and his/her family living under the same roof;12
(b) foodstuffs and fuel sufficient for two months for the debtor in execution and his/her family living under the same roof;
(c) money or articles received by the debtor in execution from the central or local government pursuant to any livelihood, educational, medical or other welfare program;
(d) apart from the money prescribed in Item (c), money up to 1,000,000 riels;
(e) tools, fertilizer, domestic livestock and their feed that are necessary for the work of persons engaged predominantly in agriculture by their own labor, together with seeds and other agricultural products required in order to continue such work until the next harvest;
(f) nets and other fishing equipment, feed, young fish and other fishery products that are necessary for the work of catching or raising fish by persons engaged in fisheries predominantly by their own labor;
(g) tools and other objects that are necessary for the work of technicians, artisans laborers and other persons engaged in an occupation or business predominantly using their own intellectual or physical work; provided that objects that are held with the object of sale or lease can be attached;
(h) Buddha images, sacred books and other objects directly used in worship or religious ceremonies;
(i) genealogical records, diaries, trade books and similar objects required by the debtor in execution;
(j) objects commemorating awards or other honors received by the debtor in execution or a family member;
(k) books and other equipment necessary for study at a school or other educational institution by the debtor in execution or a family member residing under the same roof;
(l) an invention or work that has not yet been laid open;
(m) an artificial hand, leg, ear, eye or other prosthetic body part, or other thing necessary for nursing any sickness of the debtor in execution or a family member residing under the same roof; and
(n) fire fighting equipment, apparatus, escape apparatus and other equipment required to be installed by law for prevention of disaster and security of 12 Literally “the debtor and any cohabiting relative having a common livelihood with the debtor” buildings and other structures.
381. (Change of scope of exempt movables)
1. Upon motion, the court of first instance to which the bailiff belongs can cancel the whole or part of any attachment carried out by a bailiff, or permit the attachment of any movables listed in Article 380 (Property exempt from attachment), taking into account the living conditions of the debtor in execution and the creditor in execution and other circumstances.
2. If there has been a change of circumstances, the court of first instance to which the bailiff belongs can permit attachment of movables of which attachment has been cancelled under Paragraph 1, or order the cancellation of the whole or part of any attachment under said Paragraph.
3. Where a motion is filed seeking cancellation of attachment under Paragraphs 1 or
2, the court of first instance to which the bailiff belongs can order a stay of execution until such time as said ruling comes into force, with or without requiring the posting of security.
4. Chomtoah appeals can be filed against rulings dismissing motions under Paragraphs 1 or 2, or rulings permitting attachment under said provisions.
382. (Rights exempt from attachment (garnishment))
1. Salaries, wages and other rights in the nature of compensation for work shall only be attachable to the extent set forth below, in respect of the balance remaining after deduction of taxation and social insurance premiums from the amount receivable by the debtor in execution on the date of payment of such compensation:
(a) none of the amount up to the amount of 200,000 riels per month;
(b) one quarter of the amount exceeding 200,000 riels up to the amount of 600,000 riels per month;
(c) one third of the amount exceeding 600,000 riels up to the amount of 2,000,000 riels per month;
(d) one half of the amount exceeding 2,000,000 riels up to the amount of 4,000,000 riels per month;
(e) two thirds of the amount exceeding 4,000,000 riels up to the amount of 6,000,000 riels per month; and
(f) the whole of the amount exceeding 6,000,000 riels per month.
2. Rights to receive livelihood support, educational support, medical support or other support having the objective of protecting the livelihood of the debtor in execution cannot be attached.
383. (Change of scope of garnishment)
1. Upon motion, the execution court can cancel the whole or part of any attachment ruling, or make a ruling for attachment of any rights prohibited from being attached under Article 382 (Rights exempt from attachment (garnishment)), taking into account the living conditions of the debtor in execution and the creditor in execution and other circumstances.
2. If there has been a change of circumstances, the execution court, upon motion, can attach rights of which attachment has been cancelled under Paragraph 1, or cancel the whole or part of any attachment ruling under said Paragraph.
3. Where a motion is filed under Paragraphs 1 or 2, the execution court can order prohibition of payment or other performance by a third party debtor prescribed in Article 402 (Meaning of execution against claims and execution court) until such time as the ruling comes into force, with or without requiring the posting of security.
4. Chomtoah appeals can be filed against rulings dismissing motions seeking cancellation of execution rulings under Paragraphs 1 or 2.
srey srat in ktv siem reap - 34
Section VII. Execution Costs and Inspection of Execution Record
371. (Meaning of execution costs and procedural costs)
The following terms shall have the meanings respectively set forth beside each term: (a) “execution costs”: party costs prescribed in Article 372 (Motion filing fees), Article 373 (Costs other than commission) and Article 374 (Party costs);and
(b) “procedural costs”: among costs prescribed in Item (a), those that are of common benefit.
372. (Motion filing fees)
1. Upon filing a motion for execution at the execution court, the creditor in execution shall pay the amount of 10,000 riels to the court.
2. Upon filing a motion for execution with the bailiff, the fees provided separately shall be paid.
373. (Costs other than commission)
The creditor in execution shall pay as costs such amounts that are determined by the court to be necessary for procedural actions in the course of execution such as service of documents.
374. (Party costs)
Costs that the court finds to be necessary for implementation of execution apart from those prescribed in Article 372 (Motion filing fees) and Article 373 (Costs other than commission) shall be referred to as “party costs”.
375. (Payment in advance)
1. The applicant shall pay in advance the amount set by the court upon filing of a motion for execution as the necessary expenses of execution procedures. This shall apply in a case where the prior payment was not enough and the court in execution ordered the additional payment to fill the deficiency.
2. If the applicant does not pay such costs in advance, the court can dismiss the motion for execution or reverse the execution procedures.
3. A Chomtoah appeal may be filed against a ruling to dismiss a motion under Paragraph 2.
376. (Allocation of Execution costs)
1. Execution costs shall be borne by the debtor in execution.
2. In the case of execution of a claim the object of which is payment of money, execution costs can be collected simultaneously with the execution proceedings, without the need for a title of execution.
377. (Deposit of security)
Security ordered to be posted by a court or execution court shall be deposited by a party with such court in the form of cash or negotiable instruments approved by the court.
378. (Inspection of record of execution case, etc.)
1. An interested party can request the execution court responsible for execution to allow such party to inspect the case record or to be issued with a copy, authenticated copy, certified copy or extract thereof, or with a certificate relating to the particulars of the case.
2. An interested party can request the bailiff responsible for execution to allow such party to inspect the case record or to be issued with a copy, authenticated copy, certified copy or extract thereof, or with a certificate relating to the particulars of the case.
371. (Meaning of execution costs and procedural costs)
The following terms shall have the meanings respectively set forth beside each term: (a) “execution costs”: party costs prescribed in Article 372 (Motion filing fees), Article 373 (Costs other than commission) and Article 374 (Party costs);and
(b) “procedural costs”: among costs prescribed in Item (a), those that are of common benefit.
372. (Motion filing fees)
1. Upon filing a motion for execution at the execution court, the creditor in execution shall pay the amount of 10,000 riels to the court.
2. Upon filing a motion for execution with the bailiff, the fees provided separately shall be paid.
373. (Costs other than commission)
The creditor in execution shall pay as costs such amounts that are determined by the court to be necessary for procedural actions in the course of execution such as service of documents.
374. (Party costs)
Costs that the court finds to be necessary for implementation of execution apart from those prescribed in Article 372 (Motion filing fees) and Article 373 (Costs other than commission) shall be referred to as “party costs”.
375. (Payment in advance)
1. The applicant shall pay in advance the amount set by the court upon filing of a motion for execution as the necessary expenses of execution procedures. This shall apply in a case where the prior payment was not enough and the court in execution ordered the additional payment to fill the deficiency.
2. If the applicant does not pay such costs in advance, the court can dismiss the motion for execution or reverse the execution procedures.
3. A Chomtoah appeal may be filed against a ruling to dismiss a motion under Paragraph 2.
376. (Allocation of Execution costs)
1. Execution costs shall be borne by the debtor in execution.
2. In the case of execution of a claim the object of which is payment of money, execution costs can be collected simultaneously with the execution proceedings, without the need for a title of execution.
377. (Deposit of security)
Security ordered to be posted by a court or execution court shall be deposited by a party with such court in the form of cash or negotiable instruments approved by the court.
378. (Inspection of record of execution case, etc.)
1. An interested party can request the execution court responsible for execution to allow such party to inspect the case record or to be issued with a copy, authenticated copy, certified copy or extract thereof, or with a certificate relating to the particulars of the case.
2. An interested party can request the bailiff responsible for execution to allow such party to inspect the case record or to be issued with a copy, authenticated copy, certified copy or extract thereof, or with a certificate relating to the particulars of the case.
Tenor of Code
Chapter One TENOR OF CODE, PURPOSE OF CIVIL ACTIONS,
OBLIGATIONS OF COURT AND PARTIES
1. (Tenor of Code)
Procedures relating to civil actions shall, except as otherwise provided by other laws, conform to the provisions of this Code.
2. (Purpose of civil actions, right to obtain trial)
2.1. The purpose of civil actions is to have courts resolve civil disputes in accordance with the law in order to protect the rights of private parties.
2.2. The right of all persons to obtain a court trial in a civil dispute shall be guaranteed.
3. (Right to request examination, the principle of "La Contradiction")
3.1. No party shall be tried without being heard or summoned.
3.2. The court shall, in all cases, preserve the principle of "La Contradiction1."
4. (Obligations of court and parties)
Courts shall make efforts to ensure that civil actions are conducted fairly and speedily, and parties shall pursue civil actions honestly and in good faith.
5. (Language used at court, right of party to request interpreter)
5.1. The Khmer language shall be used at court.
5.2. A party who cannot understand the Khmer language may hire a qualified interpreter.
Where a party cannot afford to hire a qualified interpreter, the state shall provide a qualified interpreter.
6. (Attendance of public prosecutors)
6.1. Where the court deems it necessary for the public welfare, the court shall notify public prosecutors of the receipt of a complaint on a case [that may possibly require the attendance of public prosecutors].
6.2. Regardless of whether public prosecutors have received a notice described in Paragraph 1, public prosecutors may, where they deems it necessary for the public welfare, attend the proceedings of a civil action and present opinions.
OBLIGATIONS OF COURT AND PARTIES
1. (Tenor of Code)
Procedures relating to civil actions shall, except as otherwise provided by other laws, conform to the provisions of this Code.
2. (Purpose of civil actions, right to obtain trial)
2.1. The purpose of civil actions is to have courts resolve civil disputes in accordance with the law in order to protect the rights of private parties.
2.2. The right of all persons to obtain a court trial in a civil dispute shall be guaranteed.
3. (Right to request examination, the principle of "La Contradiction")
3.1. No party shall be tried without being heard or summoned.
3.2. The court shall, in all cases, preserve the principle of "La Contradiction1."
4. (Obligations of court and parties)
Courts shall make efforts to ensure that civil actions are conducted fairly and speedily, and parties shall pursue civil actions honestly and in good faith.
5. (Language used at court, right of party to request interpreter)
5.1. The Khmer language shall be used at court.
5.2. A party who cannot understand the Khmer language may hire a qualified interpreter.
Where a party cannot afford to hire a qualified interpreter, the state shall provide a qualified interpreter.
6. (Attendance of public prosecutors)
6.1. Where the court deems it necessary for the public welfare, the court shall notify public prosecutors of the receipt of a complaint on a case [that may possibly require the attendance of public prosecutors].
6.2. Regardless of whether public prosecutors have received a notice described in Paragraph 1, public prosecutors may, where they deems it necessary for the public welfare, attend the proceedings of a civil action and present opinions.
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