Chapter Two COURT
Section I. Jurisdiction
7. (Meaning of court having jurisdiction)
A court having jurisdiction, shall mean a court that has the right to receive a complaint,
adjudicate an action, and render a judgment.
1 "La Contradiction" is the principle of trial in which all opposing parties sit face to face and are provided an equal
opportunity to present their legal or factual assertions.
8. (Jurisdiction conferred by address, etc.)
Actions against the following types of persons shall be brought in the court of first
instance that has jurisdiction over the location indicated below:
(a) a natural person:
- [1] his/her domicile; [2] the location of residence, where such natural
person does not have a domicile within Cambodia, or where his/her domicile
is unknown; or [3] his/her last known domicile, where such natural person
does not have a location of residence within Cambodia, or where the location
of his/her residence is unknown.
(b) a Cambodian juridical person:
- [1] the location of its administrative headquarters or business office; or [2]
the location of the domicile of the entity's representative or other principal
person in charge of the operations of the entity, where there is no
administrative headquarters or business office.
(c) a foreign juridical person
- [1] the location of the entity's administrative headquarters or business
office in Cambodia; or [2] the location of the domicile of the entity's
representative or other principal person in charge of the operations of the
entity in Cambodia, where there is no administrative headquarters or
business office within Cambodia.
9. (Jurisdiction based on property, etc.)
In addition to the courts specified in Article 8 (Jurisdiction conferred by address, etc.),
the following types of actions may also be brought in the court having jurisdiction over
the location set forth below:
(a) actions demanding performance of obligations:
- the location where the obligations are to be performed;
(b) actions demanding payment of money on bills or checks:
- the location where payment on the bill or check is to be made;
(c) actions demanding performance of obligations against persons who have no
domicile in Cambodia, or those whose domicile is unknown:
- the location of the defendant's property which is the subject of the claim or
security interest, or which may be seized;
(d) actions demanding performance of obligations against juridical persons that
have no administrative headquarters or business office in Cambodia, or those
whose administrative headquarters or business office is unknown:
- the location of the defendant's property which is the subject of the claim or
security interest, or which may be seized;
(e) actions against persons having an administrative headquarters or business office
and pertaining to business transacted therein:
- the location of the administrative headquarters or business office;
(f) actions based in tort:
- the location where the alleged tort occurred;
(g) actions pertaining to immovables:
- the location of the immovable;
(h) action pertaining to registration:
- the location at which the registration is required;
(i) actions pertaining to deceased's estate:
- the location of the domicile of the deceased at the time the inheritance
commences, or if such person does not have a domicile in Cambodia or his/her
domicile is unknown, the location of his/her residence, or if such person does
not have a location of residence in Cambodia or his/her location of residence is
unknown, the location of his/her last known domicile.
10. (Special jurisdiction in cases involving divorce, parent-child relationships)
1. An action for divorce or an action to confirm the existence or nonexistence of a
parent-child relationship shall be heard exclusively by the court of first instance
having jurisdiction over the location of the domicile of the person whose statue is
related to the action.
2. Where the domicile described in Paragraph 1 is not within Cambodia, or where a
domicile within Cambodia is not clear, the location of residence shall be used.
Where there is no location of residence, or where such location of residence is
unclear, the last known domicile shall be used.
11. (Jurisdiction over joint claims)
Where one action encompasses multiple claims that are subject to the jurisdiction of
different courts, all claims may be brought in the court having jurisdiction over one of
the claims.
12. (Designation of court having jurisdiction)
Where the court having jurisdiction cannot exercise its jurisdiction for any reason based
in law or fact, or if the court having jurisdiction cannot be designated because the
jurisdictional district is unclear, the Supreme Court shall, upon motion and by ruling,
determine the court having jurisdiction.
13. (Jurisdiction by agreement)
1. An agreement that determines the court having jurisdiction shall be valid only where
it is made between merchant(s) and/or juristic person(s) with regard to the court of
first instance.
2. The agreement referred to in Paragraph 1 shall not be valid unless it pertains to an
action based on a specific legal relationship and is made in writing.
14. (Jurisdiction as a result of failure to raise objection)
Where, at the court of first instance, the defendant makes statements on the merits at the
court dates of the preparatory procedure for oral argument or offers argument on the
merits at the court dates for oral argument without contesting jurisdiction, the court shall
be deemed to have jurisdiction [over the case].
15. (Exception in case of statutory exclusive jurisdiction)
The provisions of Articles 13 (Jurisdiction by agreement) and 14 (Jurisdiction as a result
of failure to raise objection) shall not apply to actions regarding which exclusive
jurisdiction is conferred by law.
16. (Examination of evidence on court's own authority)
The court may examine evidence on its own authority in regard to matters relating to its
jurisdiction.
17. (Time of determination of jurisdiction)
The jurisdiction of the court shall be determined as at the time when a complaint is
filed.
18. (Handling of situations where jurisdiction does not exist)
1. Where the court determines that it lacks jurisdiction over all or part of an action, it
shall transfer such action or part thereof to a court having jurisdiction, upon motion
or on its own authority.
2. The motion for transfer shall be made in writing, except where it is made at a court
date. Where such a motion is made, the reasons for the motion shall be clearly
stated.
19. (Transfer to avoid delay, etc.)
1. A court of first instance may, even where an action falls under its jurisdiction, upon
motion or on its own authority, transfer all or part of such action to another court
having jurisdiction if it determines that such a transfer is necessary in order to avoid
significant delay in the progress of the action, or in the interest of fairness to the
parties. Such transfer shall take into account the location of the domiciles of the
parties and the witnesses to be examined, the location of the objects to be inspected,
and any other relevant matters.
2. Where a motion is made by a party pursuant to Paragraph 1, the court shall consider
the opinion of the other party when making its ruling. When determining on its own
authority to order a transfer pursuant to the provisions of Paragraph 1, the court may
consider the opinions of the parties.
20. (Restriction on transfer in case of exclusive jurisdiction)
The provisions of Article 19 (Transfer to avoid delay, etc.) shall not apply where the
action falls by law under the exclusive jurisdiction of the court before which the action
is pending.
21. (Chomtoah Appeal)
A Chomtoah appeal may be made against a ruling ordering a transfer or dismissing a
motion to transfer.
22. (Binding effect, etc. of transfer ruling)
1. Where a ruling to transfer an action has become final and binding, the ruling shall
be binding on the court to which the action has been transferred.
2. The court to which an action is transferred may not transfer the action to another
court.
3. When a ruling to transfer an action has become final and binding, the action shall
be deemed pending ab initio before the court to which it has been transferred.
4. When a ruling to transfer an action has become final and binding, the court issuing
the ruling to transfer shall forward the record of the case to the court to which the
action has been transferred.
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