Best Contract Lawyers in Cambodia

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CACC LAW OFFICE

CACC LAW OFFICE

Phnom Penh, Cambodia

Founded in 2019
8 people in their team
About UsCACC Law Firm: Built on Passion and ExperienceOver 12 years ago, one lawyer with a big heart and a love for property and business law started...
English
Tip & Partners Law Firm

Tip & Partners Law Firm

Phnom Penh, Cambodia

Free Consultation: 30 mins


Founded in 1995
10 people in their team
Tip & Partners is one of Cambodia’s leading independent law firm. The firm provides a comprehensive range of legal services to serve the...
English
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BNG Legal

BNG Legal

Phnom Penh, Cambodia

Founded in 2002
20 people in their team
We differentiate ourselves by coupling a deep understanding of the local business environment with international professionalism and integrity.We...
English
Chinese
MPL LAW OFFICE

MPL LAW OFFICE

Phnom Penh, Cambodia

Founded in 2020
9 people in their team
MPL Law Office ("MPL Law") is the licensed legal office respectively in Kingdom of Cambodia providing legal services to the client. We have provided...
English
Khmer
ILAWASIA

ILAWASIA

Phnom Penh, Cambodia

Founded in 2011
26 people in their team
ILAWASIA, a full service Thai law firm, was established in April 2011 located in Bangkok Thailand by Mr. Somphob Rodboon, an experienced litigator....
English

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About Contract Law in Cambodia

The Kingdom of Cambodia has integrated modern Contract Law into its legal system largely based on the model of Civil Law, something that traces back to the French influence. A contract under Cambodian law is an agreement between two or more parties creating reciprocal obligations enforceable by law. The law governing it and the regulations are mostly obtainable from the Cambodian Civil Code of 2007. This law regulates how contracts are formed, rights and obligations of the parties involved, and consequences of the breach of contracts. It defines elements such as consent, object of contract, and cause of obligation, all of which are necessary for the contract to be legitimate.

Why You May Need a Lawyer

Hiring a lawyer when dealing with contract Interpretation, drafting, and negotiation processes in Cambodia is advisable because of the complex nature of the language used in legal terms and its intricate structure. Also, for foreign nationals and expatriates, understanding local contract laws and its execution can be challenging because of language barriers and unfamiliarity with Cambodian legal systems. It's vital to have legal assistance to ensure that contracts are legally binding, fairly negotiated, and are in your best interest. Moreover, a lawyer can assist in situations where a contract is breached, and legal action must be taken.

Local Laws Overview

Key elements of Cambodian Contract Law as stipulated in the Civil Code include the principle of freedom of contract, where parties are free to contract within the ambit of laws. A contract in Cambodia can be nullified if it entails fraud, duress, or a mistake. All contracts must be for a lawful cause to be valid. A contract ceases to exist when its purpose is fulfilled, or due to impossibility of performance, or when all parties agree to cancel the contract. It's also worth noting that Cambodia is a member of the Paris Convention for the Protection of Industrial Property rights.

Frequently Asked Questions

1. Can a contract be oral?

Yes, oral contracts can be binding but proving their existence or terms in a dispute can be difficult. Written contracts are recommended for proof and clarity.

2. What happens if a contract is breached?

If any party breaches a contract, the injured party can take legal actions for remedies, which can include damages or specific performance.

3. Are foreign contracts enforceable?

Foreign contracts can be enforceable, but it would depend on the specifics of the agreement in relation to Cambodian laws. Legal advice is necessary to evaluate these contracts.

4. Can contracts be cancelled?

Yes, contracts can be cancelled by mutual agreement of all parties involved. Certain conditions also might present which make contracts null or voidable.

5. How long does a contract stay valid?

A contract remains valid until its obligations are fulfilled unless a different period is specified in the contract or the contract is terminated as per law.

6. Can I draft a contract by myself?

Yes, but due to the complex nature of contract law, it is advisable to hire a lawyer to draft the contract to prevent potential legal disputes down the line.

7. Are digital contracts valid in Cambodia?

Yes, digital contracts are valid and legally binding in Cambodia, as long as they follow the necessary contract laws and are authenticated by all involved parties.

8. Are contracts written in English valid?

Yes, contracts in English are valid, but if any discrepancies arise, the Khmer version of the contract will be given precedence by Cambodian courts.

9. What is needed to make a contract enforceable?

For a contract to be enforceable, it must have an offer, an acceptance of that offer, a lawful object or purpose, and both parties must intend to create a legally binding agreement.

10. What laws govern contract law in Cambodia?

The main law governing contract law in Cambodia is the Civil Code enacted in 2007.

Additional Resources

Cambodia's Ministry of Justice and the Council of Jurists are two main authoritative sources for legal information. The National Center for Contract Law is a good resource for detailed study and better understanding of Cambodian Contract Law . It is also advisable to follow publications and announcements of the Council for the Development of Cambodia (CDC) for any changes or developments in the law.

Next Steps

If you require legal assistance with contract law in Cambodia, start by identifying and contacting a reputable law firm or attorney specialized in the field. Understand your needs, compile all the necessary documentation and details, and be prepared for a comprehensive discussion of the situation. Work closely with your lawyer at each step and keep open lines of communication to stay informed about legal proceedings. Informed decisions and prudent actions will help you navigate through contractual issues effectively.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.