Author: Panhavuth

A Legal Overview

The age of majority is the legal threshold at which individuals transition from childhood to adulthood. Upon reaching this age, individuals assume legal control over their person, actions, and decisions, terminating parental or guardianship authority.

Cambodia has established the age of majority at eighteen years old. This legal milestone signifies the transition from minor to adult status, granting individuals full legal capacity. Moreover, reaching the age of majority does not inherently equate to mental or physical maturity.

Age of majority 

It’s crucial to differentiate the age of majority from other age-related legal benchmarks, such as the age of consent, marriage age, or voting age. These are distinct legal standards with their own specific regulations and consequences.

While attaining the age of majority grants individuals fundamental legal rights, it’s essential to note that additional age-based restrictions may apply to specific activities, such as voting, holding public office, or serving as a judge.

Explanation

The age of majority should not be confused with the broader concept of the “age of license.” While the age of majority signifies full legal adulthood, granting individuals control over their person and affairs, the age of license pertains to specific permissions granted by the government to undertake certain actions, such as driving or voting.

While many age-based permissions or “licenses” correlate with the age of majority, they are distinct legal concepts. For instance, in Cambodia, individuals can obtain a Khmer identity card is at 16, while the voting age is at 18, age to stand for election is at 25, age for Khmer identity card is at 16, age for car driving license is at 18 but age for license for motor bike (less than 120 cc) is at 16.

Emancipation is a legal process that grants minors the status of adulthood before reaching the age of majority. Court approval is typically required, and the grounds for emancipation vary by jurisdiction. Common paths to emancipation include marriage, economic independence, or completing a degree or diploma. In Cambodia, while the general marriageable age is eighteen, exceptions exist for sixteen-year-olds with parental consent.

Cambodia’s legal age of criminal responsibility is eighteen. However, under specific circumstances, individuals aged fourteen or older may face criminal charges.

Our Firm Can Help

At PAN & Associates, our legal team possesses in-depth knowledge of Cambodian law, including matters related to the age of majority. We can provide comprehensive legal advice and representation to individuals and businesses facing age-related legal challenges.

Understanding Divorce in Cambodia

Cambodian law provides for both fault-based and no-fault divorce. While specific grounds are outlined, the legal system also grants judges significant discretion in divorce proceedings.

Grounds for Divorce

To initiate divorce proceedings in Cambodia, one spouse must cite at least one of the following grounds:

• Infidelity: Adultery or other forms of marital betrayal.
• Desertion: Abandonment of the marital home without justifiable cause.
• Missing Spouse: Absence of one spouse for a year or more without confirmed knowledge of their whereabouts.
• Separation: Living apart for at least a year without reconciliation efforts.
• Irretrievable Breakdown: A complete and permanent breakdown of the marital relationship with no possibility of reconciliation.

It’s essential to note that while these grounds exist, the court retains the authority to deny a divorce if it would cause undue hardship or suffering to the other spouse or children. Additionally, the court may reject a divorce petition if it finds the petitioner acted in bad faith or failed to fulfill their marital obligations.

Divorce by Mutual Agreement

Couples who mutually agree to divorce can petition the court without specifying grounds. However, the court must be convinced that both parties genuinely desire to end the marriage.

Division of Marital Property

Property acquired during a marriage is generally considered shared property. Spouses can agree on how to divide assets, but if they cannot reach an agreement, the court will intervene. Factors considered by the court include:

• Contributions of each spouse to acquiring and maintaining property
• Duration of the marriage
• Standard of living during the marriage
• Age, health, and occupation of both spouses
• Income and earning capacity of both spouses
• Welfare of any children

The Divorce Procedure

Divorce proceedings commence with a divorce petition filed either at the court or the commune council. The commune council has a 15-day period to attempt reconciliation before forwarding the case to court.

The court typically conducts mediation sessions to encourage reconciliation. If the couple cannot reconcile, the court will issue a divorce decree and address matters such as property division, spousal support, child custody, visitation, and child support.

Disclaimer: This overview provides a general understanding of Cambodian divorce law and does not constitute legal advice. It is crucial to consult with an attorney for guidance on specific legal matters.

Banking Operations in Cambodia

A banking license is a mandatory legal authorization for any financial institution seeking to conduct banking-related activities within Cambodia. The Cambodian financial landscape comprises three primary institutional categories: commercial banks, specialized banks, and microfinance institutions (MFIs), with additional minor licenses available for fintech operations. Each type of institution offers distinct services and is subject to specific legal, capital, and operational requirements.

License Issuance

The National Bank of Cambodia (NBC) is responsible for granting banking licenses to corporations that fulfill its stringent criteria. These requirements encompass minimum capital thresholds, directorial composition, shareholder residency, shareholding distribution, and beneficial ownership disclosure, among other stipulations. The specific conditions may vary based on the desired license type.

Obtaining a banking license can be a protracted, intricate, and costly process, influenced by factors such as the license category and the intended bank structure (public or private). For instance, a general banking license empowers an institution to engage in a full spectrum of banking services, including retail banking, merchant acquiring, cash management, asset management, and trading.

Capital Requirements

In a significant regulatory move, NBC introduced new minimum registered capital requirements for financial institutions through Prakas issued on March 22, 2016. These mandates, outlined below, were to be implemented within a two-year transitional period.

• Licensed commercial banks: $75 million
  • Branches of investment-grade foreign banks: $50 million
  • Branches of non-investment-grade foreign banks: $75 million
• Specialized banks: $15 million
• MFIs with deposit-taking licenses: $30 million
• MFIs without deposit-taking licenses: $1.5 million

Non-compliance with NBC directives may result in severe penalties, including fines, legal prosecution (for individuals), license revocation, directorial dismissals, or provisional administration.

Marital property or Joint property

Cambodia’s Civil Code distinguishes between marital and separate property. Marital property, acquired during marriage, is generally considered joint property, while separate property, owned before marriage or acquired through inheritance or gift, belongs solely to one spouse. Marriage partners may exclude certain property from marital property through prenuptial or postnuptial agreements.

The Code defines marital property as all property earned by either or both spouses during the marriage, excluding property owned before marriage or acquired through gift or inheritance. However, the law is unclear on whether income generated from separate property, such as interest from premarital savings or rental income from inherited land, becomes marital property.

Issue to be considered

The Code provides a basic framework for property division but leaves significant ambiguities. For instance, it’s unclear whether income from separate property—such as interest on premarital savings or rental income from inherited land—is considered marital or separate property. This lack of clarity can lead to disputes during divorce proceedings.

In practice, rental income from inherited land is often considered marital property. However, any increase in the land’s value during the marriage is typically treated as the inheriting spouse’s separate property. Upon selling the land, the full proceeds generally belong to the original owner.

Distinguishing between income generated by property and the property’s increased value can be complex. For instance, if a spouse inherits controlling shares in a company, determining which portion of the annual profits is marital property is challenging. This is especially true when the shareholder can control dividend payouts.

To ensure equitable property division, couples contemplating marriage or facing divorce should seek legal counsel to understand the complexities of Cambodian property law.

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.