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 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.
Furthermore, the 2001 Land Law states that “No person may be deprived of his ownership, unless it is in the public interest”. An ownership deprivation shall be carried out in ance with the forms and procedures provided by the law and regulations and after fair just compensation in advance” (Article 5).
The National Assembly and the Senate share legislative power, that is, they make the laws. Senators, members of the National Assembly and the prime minister can initiate legislation. The legislative process usually takes a few months to complete. In emergencies, laws can be approved within days.
The Cambodian legal system is a statutory law system, which means it is mostly based on written law passed by the legislature. Sources of law in Cambodia can be classified into primary sources and secondary sources. Primary sources include the formal laws issued by State authorities.