Month: May 2020

Marriage Under the Cambodian Civil Code

The Cambodian Civil Code comprehensively regulates the institution of marriage, encompassing key aspects such as age restrictions, registration procedures, property rights, and spousal protections.

Age of Marriage

To safeguard against child marriage, the law mandates a minimum age of 18 for marriage. However, exceptions exist permitting marriage at 16 under specific circumstances. To protect the paternity rights of a former husband, the law imposes a 120-day waiting period before a woman can remarry following a divorce or annulment.

Marriage Registration

A marriage is legally recognized only upon registration at the commune where it occurs. Prospective spouses must submit a marriage authorization application to the commune where the bride resides. After a 10-day public objection period, the couple formalizes their union before a civil registrar.

Marriage Certificate

The commune chief issues marriage certificates within a month of the ceremony. These certificates are valid until a divorce is initiated.

Note: While the provided text offers a solid foundation, it would be beneficial to incorporate additional details about:

• Marital property regimes: Explain the different types of marital property regimes available (e.g., community property, separation of property).
• Spousal obligations and rights: Outline the legal duties and entitlements of spouses, including support obligations, decision-making powers, and property management.
• Divorce procedures: Briefly touch on the grounds for divorce, custody arrangements, and property division in case of divorce.

An absolute defense is a legal concept that completely shields a defendant from liability or guilt if proven. While sometimes used interchangeably with “full” or “complete” defense, it typically refers to a specific legal doctrine.

In both criminal and civil law, an absolute defense is an independent factor, unrelated to the core allegations, that forces the case’s dismissal even if the plaintiff’s or prosecutor’s claims are true. Once established, it cannot be mitigated or challenged.

Examples of absolute defenses include:

• Truth: In defamation cases, proving the accuracy of a statement is a complete defense, regardless of intent or harm.
• Self-defense: Justified use of force to protect oneself can absolve a person of battery charges.
• Immunity: Sovereign immunity or other legal protections can shield individuals or entities from lawsuits.
• Double jeopardy: Protecting defendants from multiple prosecutions for the same crime is a fundamental right.

Absolute defenses differ from partial defenses, which can reduce liability or punishment but don’t eliminate it entirely. Examples of partial defenses include diminished capacity or a mistaken belief about the facts.