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CAMBODIA'S LAW ON SECURED TRANSACTIONS.

Authors :
Holzer, Timothy J.
Sotheaphal, Pho
Source :
Akron Law Review. 2021, Vol. 54 Issue 5, p869-889. 21p.
Publication Year :
2021

Abstract

Cambodian law permits the taking of and the perfecting of a security interest in movables (e.g., goods) and in intangibles (e.g., legally enforceable rights, such as contracts and rights in property.) Cambodia's system is strongly patterned after Article 9 of the Uniform Commercial Code as developed in the United States. Perfection (i.e. notice to third parties that a security interest exists) is usually effected by the filing of a notice at the Secured Transactions Filing Office (the "STFO") of the Ministry of Commerce, although sometimes physical possession may be required. However, conflicting or ambiguous provisions in other Cambodian laws may adversely affect the security interest obtained and perfected under the Law on Secured Transactions. Most of these conflicting provisions are found in the Civil Code and the Pawn Shop Regulations. This Article explores key principles and nuances in Cambodia's Law on Secured Transactions, particularly those issues related to the nature of collateral, the perfection of security interest and the risk and conflicts arising under Cambodian laws. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
0002371X
Volume :
54
Issue :
5
Database :
Academic Search Index
Journal :
Akron Law Review
Publication Type :
Academic Journal
Accession number :
156180212