Draft Law Approved to Implement 2007 Civil Code

The Council of Ministers yesterday approved a long-awaited draft law that if passed by the National Assembly will implement the 2007 civil code, which has never been put into practice, according to a news release.

The draft law consisting of eight chapters and 84 articles will supplement the civil code which created new rights in non-criminal legal issues related to family relationships, property rights, and litigation against government officials who violate the law.

The civil code’s implementation has been delayed because it contradicts a number of existing laws, including the 2001 Land Law, Law on Cooperation, Law of Marriage and Family and Law on Contracts, according to the news release from the Council of Ministers.

“This [civil code] shall be implemented at a date stipulated by [another] law due to complications of explaining and implementing the law in relation to other laws,” the news release said.

The draft law will be submitted to the National Assembly in a few weeks, said Bun Honn, undersecretary of state at the Justice Ministry.

Due to its complicated nature the civil code took more than a decade to write and the law approved yesterday will annul portions of other laws, he said.

“There is overlap on many articles. They cannot be counted,” he said, adding officials would find enforcing the civil code confusing without explanation by another law.

“There are numerous discussions. This law had been inspected and seen by thousands of eyes. Now they understand it,” he said.

The clear language of the civil code will help protect people’s property rights and protect people from abuses of authorities who sometimes illegally detain people in civil cases, said SRP lawmaker Son Chhay, who criticized the delay of implementation.

“We have urgent need for this law,” he said. “The new one is not perfect, but it will protect the people rights.”

 

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