Law On Construction Cambodia In Nassau
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In the narrow sense, the draft law or proposed law is required to be adopted by the National Assembly, approved by the Senate, and then promulgated by the head of the state. It should be noted that the Senate has only been in existence since 1999, while the National Assembly has been in existence since 1993.
The Appellate Court was created, resulting in a three – tierd court system: - the Municipal and Provincial Court (jurisdiction of first instance) - the Appellate Court and - the Supreme Court. The Military Court is another, exceptional jurisdiction, established in 1981 by decree – law.
Cambodia has a civil law legal system with legal codes, which were greatly influenced by France, to a lesser extent by Japan, and also adapted to Cambodian circumstances. The Constitution of Cambodia enacted with the restoration of Monarchy in 1993 and it is the supreme law in Cambodia.
Civil law – the system of law that emerged in continental Europe beginning in the Middle Ages and is based on codified law drawn from national legislation and custom as well as ancient Roman law. Code – the collection of laws of a country or laws related to a particular subject.
The law on construction is divided into 22 chapters with 111 Articles. This law determines the principles, building technical regulations, rules and procedures to control the construction sector in Cambodia. The Ministry of Land Management, Urban Planning and Construction (MLMUPC) remains the competent authority.
The Cambodian legal system is based largely on the French civil system, and is statute based. The Constitution is the Supreme Law. The legal system has evolved from unwritten customary law, prevalent during Angkorian times, to statutory law, under the French colonisation from 1863 to 1953 and up until 1975.
Are there any restrictions? Generally, only natural persons and legal entities with Cambodian nationality may own real estate in Cambodia. A legal entity has Cambodian nationality when at least 51% of its shares are owned, individually or collectively, by Cambodian natural or legal persons.
The Constitution is the supreme law of the Kingdom of Cambodia. All laws and decisions made by state institution must be in strict conformity with the Constitution – see Constitution, Art 152-new-2 (1993 as amended in 1999 & 2014).
