Chapter Three PARTIES
Section I. Capacity to be Party and Capacity to Litigate
32. (Capacity to be party, capacity to litigate, representation of persons lacking
capacity to litigate)
1. Persons who are entitled to exercise rights or assume obligations in their names
pursuant to the provisions of the Civil Code or other laws may be a plaintiff or
defendant in a civil suit.
2. Persons who have the capacity to independently perform [legal acts] pursuant to the
provisions of the Civil Code or other laws may file a suit on their own as a plaintiff,
answer an action as a defendant, or conduct any other necessary acts of litigation.
3. Minors and persons placed under general guardianship may not conduct valid acts
of litigation except through their legal representative. However, this shall not apply
where a minor is allowed to perform [legal acts] independently.
4. [Any issues or questions] regarding legal representatives and their authority shall be
governed by the provisions of the Civil Code and other laws.
33. (Special provisions regarding acts of litigation performed by person under
partial guardianship or legal representative)
1. [A person under partial guardianship or] a legal representative need not obtain the
approval of [the guardian or] his supervisor or acquire any other special
authorization to conduct acts of litigation in an action or appeal filed by the other
party.
2. [A person under partial guardianship or] a legal representative must acquire special
authorization to conduct either of the following acts of litigation:
(a) discontinuance of the suit, compromise, or abandonment or admission of the
claim; or
(b) discontinuance of Uttor appeal or Satuk appeal.
34. (Special provision regarding capacity of foreign national to litigate)
A foreign national shall be deemed to possess the capacity to litigate if they would
otherwise have such capacity under Cambodian law, even if the foreign national lacks
the capacity to litigate under the laws of his/her own country.
35. (Measures in case of defect in capacity to litigate)
1. Where there is a defect in the capacity to litigate, in the authority necessary to act as
legal representative, or in the authorization to conduct litigation, the court shall
order that the defect be corrected within a period designated by the court. In such
cases, if there exists a danger that damage will be incurred due to delay, the court
may permit the act of litigation to be conducted pro tempore.
2. An act of litigation carried out by a person that suffers from a defect in capacity to
litigate, in their authority as a legal representative, or in their authorization
necessary to conduct litigation, shall have retroactive effect from the time the act
was done, if such act is ratified by such person after the defect has ceased to exist,
or by the legal representative.
3. The authority to act as legal representative, and the authorization necessary to
conduct litigation, shall be established in writing.
36. (Special representative)
1. A person who intends to conduct litigation against a person lacking the capacity to
litigate in cases where that person has no legal representative, or where the legal
representative cannot represent that person, may apply to the court before which the
action is pending for the appointment of a special representative upon establishing
to a preliminary showing that there exists a danger of damage occurring due to
delay.
2. The court may, at any time, replace the special representative.
3. A decision to appoint or replace a special representative shall also be notified to the
special representative.
4. The special representative shall have the same authorization as a guardian to
conduct litigation.
37. (Notice of termination of legal representative's authority)
1. A termination of authority to act as legal representative shall be ineffective unless
the other party is notified of such termination by the party or the party's
representative.
2. The person giving notification of termination of authority to act as legal
representative shall also notify the court in writing of such termination.
38. (Mutatis mutandis application to representative of juridical person)
The provisions of this Code pertaining to legal representation and legal representatives
shall apply mutatis mutandis to representatives of juridical persons.
Section II. Joint Litigation
39. (General requirements for joint litigation)
Where any of the following circumstances are shared among multiple persons, such
persons may sue or be sued as joint litigants:
(a) where such persons share common rights or obligations comprising the
subject-matter of the action;
(b) where the rights or obligations comprising the subject-matter of the action arise
out of the same grounds in fact and law;
(c) where the rights or obligations comprising the subject-matter of the action are of
the same type and are based on the same type of grounds in fact and law.
40. (Status of joint litigants in ordinary joint litigation)
Acts of litigation conducted by one joint litigant, acts of litigation conducted by the
adversary party against a joint litigant, and events or matters arising with respect to one
joint litigant shall have no effect on the other joint litigants.
41. (Rules regarding trial in compulsory joint litigation)
1. Acts of litigation conducted by one joint litigant shall inure to the benefit of all joint
litigants, irrespective of the provisions of Article 40 (Status of joint litigants in
ordinary joint litigation), where the rights or obligations comprising the
subject-matter of the action shall be determined only jointly for all joint litigants.
2. In the circumstances described in Paragraph 1, an act of litigation conducted by the
adversary party against one joint litigant shall be effective against all joint litigants.
3. In the circumstances described in Paragraph 1, where grounds for an interruption or
suspension of proceedings against one joint litigant exists, such interruption or
suspension shall be effective as to all joint litigants.
42. (Nomination of party)
1. Multiple persons having a common interest may nominate one or several among
them to serve as plaintiff(s) or defendant(s) on their behalf.
2. Where one or more person(s) are nominated pursuant to Paragraph 1 to serve as
plaintiff(s) or defendant(s) while an action is pending, the other parties shall be
seceded from the action.
3. Those who nominated the plaintiff(s) or defendant(s) pursuant to Paragraph 1 may
revoke such nomination, or replace plaintiff(s) or defendant(s) serving on their
behalf.
4. Where one of a group of nominated parties loses the capacity to serve in such
capacity due to death or for any other reason, the other nominated parties may
conduct acts of litigation on behalf of all.
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