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(February 2009)

Civil Procedure deals with just about every other aspect of judicial adjudication of

civil disputes, that is, the process for resolving civil disputes about rights and

duties under the substantive law through formal adjudication by courts staffed by

judges.

1. Inquisitorial System and Its Significant Features2. Adversary System: Significant Features

a) (Partys) Disposition Rights PrinciplePrinciple that party can shape the

litigation (()

- Right to program (when to start and end) Litigation (

)

- Right to request for matters to be adjudicated ()

- Withdrawal of suit and Dismissal/Acknowledgment of Claim(

- Judicial Compromise Settlement ()

b) Oral Argument Principle()

-Fact not asserted by party(s) cannot be basis for judgmentObligation for

Assertion

-Fact not disputed by parties shall be the basis for judgmentSelf-binding

Effect

- To admit a fact disputed by a party as having existed, court shall base on

evidence offered by party(s)Prohibition of Examination of Evidence onCourts Own Authority

1. Prior to July 2007: Inquisitorial System

2. After July 2007: Adversary SystemCode of Civil Procedure of Cambodia

(enacted in June 2006 and enforced from July 2007

1. Concept of PSLPProcedure for handling the suits for the formation of, or

the confirmation of the existence or non-existence of a family relationship.

2. Scope of Application

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a) Marital Suits

- Suit for the confirmation of the invalidity of a marriage- Suit for the cancellation of a marriage- Suit for a divorce under Article 978 (Grounds for Divorce) of the Civil

Code.

b) Parent-Child Relationship Suits

- Suit for the denial of a father-child relationship- Suit for an acknowledgement- Suit for the confirmation of the non-existence of a parent-childrelationship

- Suit for the confirmation of existence or the non-existence of amother-child relationship

- Suit for the dissolution of an adoption

1. : The court shall, when it renders a judgment in favor of a plaintiff

in a suit seeking the annulment of a marriage or a divorce, ex officiohold a trial for

the designation of the party to have parental authority

- Paragraph 2 of article 182 (Matters for judgment) of the Code of Civil Procedure

shall not apply to a trial held under paragraph 1herein.

2. : 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.

1. Exemption of Adversary Principle (): Assertion of Facts andSubmission of evidence will/ may be useless.

2. Courts Authority (): (1) Concerns about Fact Finding Ability, (2)State budget for Funding the Fact Finding Process

3. Litigation Costs Matterlosing party shall bear the costs incurred by exofficiofact finding?

- Limit the scope of exercise of (ex officio) authority, by

- Considering each type of personal status case to apply inquisitorial system

and/or adversary system.

- Comparative Studies (mainly focused on Japanese related laws)

- Japanese approaches (theoretical and practical issues)

- Possible recommendation to Cambodia