Tuesday, September 6, 2011

Suit for present performance and suit for future performance in Code of Civil Procedure in Cambodia


There are two types of suit for performance: suit for present performance and suit for future performance.

The former refers to a suit where the plaintiff claims his right to claim performance in which the due date has already arrived, and the latter refers to a suit where the plaintiff claims his right to claim performance in which the due date has not arrived yet. In cases where the plaintiff files a suit claiming his right to claim performance which is not still due, and such performance becomes due while the suit is pending at court, it means that the plaintiff has filed a suit to demand present performance. Therefore, considering this kind of suit, the suit for present performance includes those in which the right to claim performance claimed by the plaintiff becomes due by the time of conclusion of the oral argument in trial.

The suit for future performance, as explained above, seeks a judgment ordering performance by the defendant, by claiming a right to claim performance in which the due date has not arrived yet. Therefore, this kind of suit may be filed only where it is necessary to make a claim in advance (Article 76). Cases where it is necessary to make a claim in advance refer to cases where it is admitted that non-performance at the due date shall cause irrevocable harm to the obligee. For example;

- it is anticipated that there will be no payment on the due date with regard to an obligation with a fixed term (for example, as the defendant has not paid the loan principal and interests already due, he may not pay interests accruing in the future on their due dates);

- Non-payment of alimony, etc.
As explained above, a special benefit must be expected in a suit for future performance.


You link the book that relating this topic: Law in the Pursuit of Development: Principles into Practice? (Law, Development and Globalization)Law in the Pursuit of Development: Principles into Practice? (Law, Development and Globalization)

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