Cambodia Law On Agreement

5) Formality - Both oral and written contracts are generally enforceable. But certain types of contracts normally have to be written to be enforceable. The meaning agreements that must be drafted in many legal systems include those that have a core interest in the land; those that cannot be completed within one year; Guarantee agreements and those for the sale of goods on a certain amount of money. A contract is an agreement between two or more people to create, modify or terminate one or more obligations that bind them. A contract is a legally binding agreement between the parties. Treaty changes can only be made with the agreement of both parties. Contracting parties may agree in advance to determine the amount of the damage and the terms of payment of damages in the event of an infringement. Such an agreement is classified as liquidated damage. Purchase and sale contracts In addition to the consent of the seller and the buyer with respect to the terms of an agreement, a contract for the sale of the transfer of real estate property becomes an authentic deed and can be registered with the land administration if the agreement is concluded by a notary or authenticated by a notary or registered by a competent official for the purposes of the transfer. The second phase of the resumption of negotiations took place in Phnom Penh from 13 to 17 March 2003.

These negotiations resulted in a draft agreement signed by Mr Sok An and myself on 17 March 2003. The draft is attached to the Secretary-General`s report on the Khmer Rouge processes, which describes the negotiations and provides detailed explanations on many of the issues discussed, as well as the reason for their resolution. On 12 October 2004, the Secretary-General presented his report on the implementation of Resolution 57/228 B and informed the General Assembly that, although the Agreement has not yet been fully ratified by the Cambodian authorities, they would immediately continue to ratify it (A/59/432). On 27 October 2004, the National Assembly of Cambodia amended the law on the establishment of extraordinary chambers in Cambodian courts to try crimes committed during the period of Democratic Kampuchea (Reach Kram No.NS/RKM/1004/006). On 16 November 2004, the Government of Cambodia informed the United Nations to ratify the Agreement (A/59/432/Add.1). There is also the issue of treaty language. The Constitution recognizes Khmer as the official language of the country and a Cambodian court will require a Khmer translation of the treaty in a treaty enforcement case. Given the technical nature of the terms of an agreement, it may not be easy to obtain an accurate translation of the conditions in Khmer.

Even if a satisfactory translation is obtained, it cannot be guaranteed that a court would interpret the Khmer translation in the manner in which an English speaker would interpret the original version given the complexity of grammar, syntax and legal reasoning.

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