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Contract law in Phnom Penh, Cambodia is governed by the National Commercial Arbitration Center and the Civil Code of Cambodia. These laws set out the legal foundation for making an agreement, irrespective of whether it's verbally or on paper, between two or more parties for the procurement or provision of goods or services. Being familiar with this area of the law can come in handy whenever you engage in any business transaction.
You may require a lawyer to understand the intricate details of contract law, draft a contract, or represent your interests in case of a dispute over the agreement. Instances when you may need legal help include forming a business agreement, entering into a lease or property agreement, breach of contract, and when you want to understand the terms and conditions of an agreement before signing it.
The General Contract Law of Cambodia governs most contract agreements. Under these laws, an agreement's legality is determined by both its express terms and inherent fairness. The parties are obligated to negotiate in good faith and the law provides for specific performance and compensation in the event of a breach. A legal contract in Cambodia should always contain details of the parties involved, offer and acceptance, terms of the agreement, and ideally should be signed in front of witnesses for authenticity.
The legal age limit to enter into a contract in Cambodia is 18 years. Exceptions apply in some cases, such as employment contracts.
To ensure legality, the contract must include all essential elements such as a legitimate purpose, consent of all involved parties, their capacity to contract and a lawful object. It is advisable to enlist a lawyer to review the contract.
If a contract is breached in Cambodia, the wronged party may take legal action for compensation or ask the court to mandate the fulfillment of the agreement terms.
Though not always required, notarizing a contract is a good practice for large transactions or real estate agreements as it validates the authenticity of the document.
While harder to prove, oral contracts are generally recognized and enforceable under Cambodian law, granted there is sufficient evidence.
The National Commercial Arbitration Center and The Ministry of Commerce are valuable resources for information on Cambodian Contract law. Local law schools and legal aid clinics may also provide additional guidance.
If you require legal assistance with a contract matter in Phnom Penh, start by understanding the basics of contract law based on the type of contract involved. Once you understand your rights, engage a reputable lawyer who is familiar with Cambodian contract law. They can help you understand the legal implications of contracts, draft appropriate agreements, and handle disputes if they arise.
