Section IV. Necessary Conditions to Execution
349. (Form of motions for execution)
1. A motion for execution shall be in writing.
2. A written motion for execution shall include the following matters, and shall be
accompanied by the original, executable title of execution:
(a) the name or title and address of the creditor in execution and debtor in
execution together with the name and address of their legal representatives;
(b) description of the title of execution;
(c) classification of whether direct enforcement, substituted execution or
indirect enforcement is sought;
(d) in the case of direct enforcement, a description of the property that is the
target of the execution and the method of execution that is sought by the
creditor in execution; and/or
(e) in the case of substituted execution or indirect enforcement, the details of the
judgment that is sought by the creditor in execution.
3. If the creditor in execution is seeking execution of only part of the claim that is
noted in the title of execution ordering payment of money, this fact and the scope
thereof shall be noted in the motion for execution.
350. (Title of execution)
1. Execution shall be carried out on the basis of a title of execution.
2. Title of execution refers to the following:
(a) a binding6 judgment for performance;7
(b) a judgment for performance accompanied by a declaration of provisional
execution;
(c) a ruling ordering payment; provided that this is limited to final and binding
rulings in the case of rulings that are only valid upon becoming final and
binding;
(d) a ruling demanding payment accompanied by a declaration of provisional
execution;
(e) disposition by a court clerk prescribed in Paragraph 1 of Article 66
(Procedures to fix amount of litigation costs);
(f) a certificate prepared by a notary concerning a demand for a fixed amount of
money; provided that this only applies to certificates that include a statement
that the debtor shall be immediately subject to execution;
(g) a judgment of a foreign court in respect of which an execution judgment has
been rendered that has become final and binding under, Article 352
(Execution judgment of foreign court judgment)
(h) an arbitration award in respect of which an execution ruling has been
rendered that has become final and binding under, Article 353 (Execution of
arbitration awards);and/or
(i) a protocol having the same effect as a final judgment such as a protocol
prescribed in Article 222 (Effect of written compromise settlement, etc.)
351. (Scope of persons who can be parties to execution)
1. Execution can be carried out with the following persons as creditor in execution or
debtor in execution:
(a) parties noted in the title of execution
(b) if a party set forth in the title of execution has become a party on behalf of
another person, said other person
(c) successors of parties described in Items (a) and (b) after establishment of the
6 kakutei (hanketsu) – i.e. a judgment that is conclusive in the sense that the period for normal appeal has expired,
and therefore binding.
7 kyufu hanketsu i.e. a judgment ordering an action (often payment) to be taken or not taken, as opposed to a
declaratory judgment or a formative judgment.
title of execution; provided that this shall mean successors after a suit
becomes pending in the case of title of executions described in Items (a), (b),
(g) or (h) of Paragraph 2 of Article 350 (Title of execution).
2. Execution by title of execution described in Items (a) to (c) and (g) to (i) of
Paragraph 2 of Article 350 (Title of execution) may also be carried out against
persons holding the property that is the target of the claim on behalf of persons
listed in any Item of Paragraph 1.
352. (Execution judgment of foreign court judgment)
1. An execution judgment must be obtained from a Cambodian court in order to
execute a judgment of a foreign court.
2. A suit seeking execution of a judgment of a foreign court shall fall within the
jurisdiction of the court having territorial jurisdiction over the debtor in execution
by application of Article 8 (Jurisdiction conferred by address, etc.),and, if no court
is determined to have jurisdiction under said Article, then the court of first
instance having jurisdiction over the territory in which the property that is the
object of the claim, or that can be attached, is located, shall have jurisdiction.
3. Suits under Paragraph 2 shall be dismissed if the foreign court judgment is not
proved to have become final and binding or does not fulfill each of the conditions
set forth in Article 199 (Effect of final judgment of foreign court).
4. In arriving at an execution judgment, the court shall not examine the merits of the
foreign court judgment.
5. The execution judgment must include a statement that execution of the foreign
court judgment is permitted.
353. (Execution of arbitration awards)
1. An execution ruling of a court must be obtained in order to execute an arbitration
award, whether domestic or foreign.
2. The party submitting the motion for execution of an arbitration award shall file the
following documents:
(a) the duly authenticated original arbitration award or duly certified copy
thereof; or
(b) the original arbitration agreement or a duly certified copy thereof.
3. The court may refuse to execute an arbitration award at the request of the party
against whom it is invoked, if that party furnishes proof that:
(a) a party to the arbitration agreement was under some incapacity; or the said
agreement is not valid under the governing law chosen by the parties, or in
the absence of a choice of law, under the law of the country where the award
was made;
(b) the party against whom the award is invoked was not given proper notice of
the appointment of an arbitrator or of the arbitral proceedings or was
otherwise unable to present his case; or
(c) the award deals with a dispute not contemplated by or not falling within the
terms of the submission to arbitration, or contains decisions on matters
beyond the scope of the submission to arbitration;
(d) the composition of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties or, failing such agreement, was
not in accordance with the law of the country where the arbitration took
place; or
(e) the award has not yet become binding on the parties or has been set aside or
suspended by a court of the country in which, or under the law of which, that
award was made.
4. A court may refuse to execute an award if the court finds that:
(a) the subject-matter of the dispute cannot be settled by arbitration; or
(b) the recognition or enforcement of the award would be contrary to public
policy;
5. A motion seeking execution of a domestic arbitration award shall fall within the
jurisdiction of the court having territorial jurisdiction over the debtor in execution
by application of Article 8 (Jurisdiction conferred by address, etc.), and if no court
is determined to have jurisdiction under the said Article, then the court of first
instance having jurisdiction over the territory in which the property that is the
object of the claim, or that can be attached, is located, shall have jurisdiction.
6. The court of appeal shall have jurisdiction over motions seeking execution of
foreign arbitration awards.
7. Except in cases described in Paragraphs 3 and 4 of this Article, the court shall not
examine the merits of the arbitration award in making an arbitration ruling.
8. The execution ruling must include a statement that execution of the arbitration
award is permitted.
9. No Chomtoah appeal may be made against a ruling on a motion for execution.
10. Execution rulings shall only come into effect when they become final and binding.
354. (Requirement for execution clause and which organs grant such clause)
1. Execution is implemented on the basis of an authenticated copy of title of
execution bearing an execution clause; provided that it shall be implemented with
the authenticated copy [no need of execution clause] in cases of execution by or
against the creditor in execution or debtor in execution named in the following
title of executions:
(a) final and binding judgments in petty sum suits;
(b) petty sum suit judgments bearing a declaration of provisional execution; and
(c) payment order rulings bearing a declaration of provisional execution.
2. The clerk of the court where the case record is kept will affix the execution clause
upon motion being made; provided that in the case of the title of execution
prescribed in Item 6 of Paragraph 2 of Article 350 (Title of execution), the notary
who has custody of the original thereof shall issue the execution clause.
355. (Application for grant of execution clause)
1. An application for grant of an execution clause must be in writing and include the
following particulars:
(a) the name or title and address of the creditor in execution and the debtor in
execution, together with the names and addresses of their legal
representatives;
(b) description of the title of execution; and
(c) if grant of an execution clause under Article 356 (Special execution clause)
or Article 358 (Multiple grants of execution clauses, etc.) is sought, a
statement to this effect and the reason for the same.
2. If the title of execution is an adjudication which only comes into effect when it
becomes final and binding, the creditor in execution shall attach to the application
for issue of execution clause documentary evidence that the judgment has become
final and binding; provided that this shall not be required if the fact that the
judgment has become final and binding is clear from the record.
3. Paragraph 1 of this Article shall apply mutatis mutandis to cases where the creditor
in execution requests the issuing of further authenticated copy(s) of title of
execution prescribed in the proviso to Paragraph 1 of Article 354 (Requirement for
execution clause and which organs grant such clause).
356. (Special execution clause)
1. If the right of claim8 stated in the title of execution is subject to a condition
precedent or to an uncertain time stipulation9, the court clerk or notary may only
grant an execution clause if the creditor in execution proves that said condition or
stipulation has been fulfilled.
2. In order to carry out execution with a party other than a party noted in the title of
execution as the creditor in execution or the debtor in execution, the creditor in
execution must obtain an execution clause that states this.
3. A court clerk or notary can grant an execution clause prescribed in Paragraph 2 if
it is clear that execution with a party other than a party noted in the title of
execution as the creditor in execution or debtor in execution can be carried out, or
if the debtor in execution provides documentary proof thereof.
4. A court clerk must obtain the permission of the court to which he/she belongs for
the grant of an execution clause under Paragraph 1 of Paragraph 3 of this Article.
357. (Particulars to be stated in an execution clause)
1. An execution clause is granted by stating the following at the end of the
authenticated copy of title of execution:
(a) the person(s) who are entitled to seek implementation of execution of the
basis of the title of execution and the other party (or parties);
(b) if the execution clause has been granted under Article 356 (Special execution
clause), this fact;
(c) if the execution clause is granted in respect of a portion only of the cause of
action, the scope of execution that is permitted; and
(d) if the execution clause is granted in accordance with the terms of Paragraph
1 of Article 358 (Multiple grants of execution clauses, etc.), this fact.
2. The court clerk or notary must date and sign the execution clause.
358. (Multiple grants of execution clauses, etc.)
1. Further issues of an execution clause may be made, but only in cases where more
than one authenticated copy is required of the title of execution to which the
8 seikyuken - i.e. a legal term which could also be translated as "cause of action."
9 fukakuteikigen - i.e. a time (limit) that is certain to be arrived at but at an uncertain time, such as the time of
somebody’s death –
execution clause is attached in order to satisfy the claim completely, or if the
authenticated copy has perished.
2. Where a court clerk or notary has granted an execution clause pursuant to
Paragraph 1, he/she shall notify the debtor in execution of this fact, the reasons
and the number of authenticated copies of title of execution to which the execution
clause has been affixed.
3. Paragraphs 1 and 2 of this Article shall apply mutatis mutandis to further issues of
authenticated copy(s) of title of execution described in the proviso to Paragraph 1
of Article 354 (Requirement for execution clause and which organs grant such
clause).
359. (Recording on original title of execution)
1. The court clerk or notary shall record the particulars set forth below on the
original title of execution after granting an execution clause:
(a) the fact that the execution clause has been granted, the date of grant and the
number of authenticated copies to which the clause has been affixed;
(b) where the grant has been made in respect of a portion only of the claim, the
scope of execution that is permitted; and/or
(c) where an execution clause has been granted under Paragraph 2 of Article 356
(Special execution clause), this fact together with the name or title of the
creditor in execution or debtor.
2. Where a court clerk has issued a further authenticated copy of a title of execution
prescribed in the proviso to Paragraph 1 of Article 354 (Requirement for execution
clause and which organs grant such clause), he/she must record this fact, the date
of grant and the number of authenticated copies granted on the relevant original
judgment or ruling ordering payment.
360. (Service of title of execution, etc.)
Execution can only commence when an authenticated copy or certified copy of a title of
execution, or an adjudication that is to become a title of execution by becoming final
and binding is served on the debtor in execution. Where an execution clause has been
granted in accordance with Article 356 (Special execution clause), certified copies of
the execution clause and any other documents submitted by the creditor in execution
under the said Article must be served on the debtor in execution in advance.
361. (Conditions for commencement of execution to be examined by execution
organ)
1. Where a time is fixed10 for performance of the claim noted in the title of
execution, the execution organ can only commence execution after such time has
passed.
2. If posting of security is a condition for execution of a title of execution, the
execution organ can only commence execution after the creditor in execution
submits documentary proof of the posting of such security.
10 kakutei kigen, literally “a time certain (for performance)”, as opposed to “fukakutei kigen” – see footnote to
Paragraph 1 of Article 7 (Special Execution Clause).
3. If performance by the debtor in execution is to be exchanged for counter
performance by the creditor in execution, the execution organ can commence
execution only after the creditor in execution has proved that it has carried out, or
tendered, such counter performance.
362. (Objection to grant of execution clause, etc.)
1. An objection can be filed against disposition taken in respect of an application for
grant of an execution clause, at the court to which the court clerk belongs in the
case of action by a court clerk and at the court of first instance that has jurisdiction
over the notary’s office, in the case of action by a notary.
2. Adjudication of an application under Paragraph 1 shall be by ruling.
3. Paragraphs 1 and 2 shall apply mutatis mutandis to cases where application has
been made for re-issue of an authenticated copy of a title of execution as provided
in the proviso to Paragraph 1 of Article 354 (Requirement for execution clause and
which organs grant such clause).
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