Section IV. Effectiveness of Judgment
191. (Self-binding effect of judgment)
A court that hands down a judgment may not revoke or change the judgment, except in
accordance with the provisions of Article 192 (Ruling of correction) below.
192. (Ruling of correction)
1. Where a judgment is found to contain a miscalculation, clerical error or any other
similar obvious error, the court may, upon motion or on its own authority, render a
ruling of correction at any time.
2. A Chomtoah appeal may be made against a ruling of correction. However, this
shall not apply where a lawful Uttor appeal has been filed against the judgment.
3. A ruling of correction shall be affixed to the original and all authenticated copies
of the written judgment. However, where it is deemed appropriate, the court may
prepare a written ruling and serve authenticated copies thereof on the parties in
lieu of affixing the ruling to the original and all authenticated copies of the
judgment.
193. (Date on which judgment becomes final)
1. A judgment shall not become final prior to the expiration of the period in which an
appeal against the judgment or a motion to set aside such judgment may be filed.
2. The finality of a judgment is stayed by the filing of an appeal against the judgment
or a motion to set it aside within the period referred to in Paragraph 1.
194. (Finality of matters decided in judgment)
1. When a judgment is final, it shall have conclusive and binding effect.
2. The binding effect described in Paragraph 1 shall determine rights and legal
relationships as of the date of conclusion of oral argument.
3. The scope of the binding effect referred to in Paragraph 1 shall be limited to the
matters determined in the main text of the judgment with regard to claims raised in
the original action or in any counter-action, and shall not apply to any finding
contained in the grounds for the judgment.
4. Notwithstanding the provisions of Paragraph 3, where the defendant makes a
claim for offset based on a countervailing obligation, a finding in the final
judgment that a countervailing obligation was extinguished by the operation of the
offset is binding to the extent of the offset.
195. (Date on which judgment may be enforced)
A judgment may be enforced when it becomes final in accordance with the provisions of
Article 194 (Finality of matters decided in judgment), except as otherwise provided by
law.
196. (Declaration of provisional execution)
1. With regard to a judgment concerning an action involving economic interests, the
court may, upon determining it necessary, on motion or on its own authority,
declare that a provisional execution of judgment may be carried out with or
without the provision of security by the winning plaintiff.
2. The court may, upon motion or on its own authority, declare that a provisional
execution of judgment may be avoided upon the provision of security
3. A declaration of provisional execution shall be set forth in the main text of the
judgment. This shall also apply to the declaration described in Paragraph 2.
4. Where a decision is not issued on a motion for declaration of provisional
execution, or where the court fails to make such a declaration in circumstances
where the declaration should be made on the court's own authority, the court shall,
upon motion or on its own authority, render a supplemental ruling. This shall also
apply where a decision is not issued in response to the motion described in
Paragraph 2.
197. (Loss of effect of declaration of provisional execution and restitution)
1. A declaration of provisional execution shall lose its effect upon the
pronouncement of a higher court's judgment changing either such declaration or
the judgment on the merits of the action to the extent that it is changed by such
higher court's judgment.
2. In a [higher court's] judgment that changes the judgment on the merits of the
action, the [higher] court shall, upon motion of the defendant, order the plaintiff to
return the thing given by the defendant pursuant to the declaration of provisional
execution and to make compensation for any damage sustained by the defendant
either as a result of such execution or as a result of measures taken to avoid such
execution.
3. Where only a declaration of provisional execution has been changed, the
provisions of Paragraph 2 shall apply to the subsequent [higher court's] judgment
changing the judgment on the merits of the action.
198. (Scope of persons bound by final judgment)
A final judgment is binding on the following persons:
(a) the parties;
(b) where a party became a plaintiff or defendant on behalf of another person,
such another person;
(c) persons succeeding to the rights or obligations held by the persons
identified in the preceding two subparagraphs after the action became
pending before the court; and
(d) persons who possess the subject-matter of the action for the benefit of any
of the persons identified in the preceding three subparagraphs.
199. (Effect of final judgment of foreign court)
A final judgment of a foreign court shall be valid only where all of the following
conditions are fulfilled:
(a) jurisdiction is properly conferred on the foreign court by law or by treaty;
(b) the losing defendant received service of summons or any other order
necessary to commence the action, or responded without receiving such
summons or order;
(c) the contents of the judgment and the procedures followed in the action do
not violate the public order or morals of Cambodia; and
(d) there is a guarantee of reciprocity between Cambodia and the foreign
country in which the court is based.
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