Wednesday, December 8, 2010

Law on personal status litigation (ច្បាប់ស្តីពី បណ្តឹងឋានបុគ្គល)

We would like to summarize the meaning of law on personal status: 

Law on personal status litigation is a special law which derived from code of civil procedure (CCP).  It stipulated the suits and other suits for formation of or the confirmation of the existence or non-existence of, a family relationship[1].

It also exemplifies personal status ligation relating to marital relationships, parental relationships by blood and by adoption as defined in the Civil Code, aimed at clarifying the types and contents of actions relating to personal status to be covered by this law.

CCP has three steps for process one case. First one is the stage of filing a suit, second is Preparatory Proceeding for Oral Argument (PPOA); and third one is proceeding for Oral Argument (POA).  However, the law doesn’t mention about PPOA therefore it means that personal status litigation may start from the stage of POA[2]. POA in principle, it shall be held in open court which publicity may observe but the law is not allowed the court to hold POA in open court except, court deems appropriate.

The concern provision is article 14 stated “A court in personal status litigation may base its judgment on any facts not alleged by either party, provided, however, that the court shall hear opinions from the parties regarding such facts”. By the ways, in article 21 “Notwithstanding the provision of paragraph 1 of Article 532 (The Organs that Grant
Preservative Relief) of the Code of Civil Procedure, in the event of the institution of a personal status litigation, the court may order on its own authority the execution of provisional attachment, provisional disposition and any other preservative relief measures stipulated in Book Seven (Preservative Relief) of the said Code. If this provision stipulated like that it allows judge to issue a judgment difference from party needs. It may unfair for the victim party.

Conclusion, this law gave much discretion to judge to order or adjudicate case which is different from CCP that party is initiative person to lead litigation and have right to deny or acknowledgment the claim but in this law, the judge will not consider what party admitted.

[1] Article 2
[2] Article 16

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