CHAPTER I: PROPERTY PRINCIPLES

Article 1:

The law of property, recognised by article 44 of the Constitution applies to the entirety of land and to the entirety of buildings and constructions within the national territory in accordance with the conditions laid down by this statute (loi). These properties are referred to as biens immobiliers (immovable goods including rights in rem).
Article 2:
No person may be deprived of property, unless such deprivation is in the public interest (utilité publique). Further, such deprivation must be carried out in accordance with the forms and procedures provided by law and only after the payment of just and equitable compensation.
Article 3:
Immovable goods within the meaning of this statute means:
- all natural grounds, woodland, clearings, land which is cultivated, fallow or uncultivated, submerged by stagnant or running waters (the land);
- all constructions and fixtures created by man and not likely to be moved (the buildings);
- things fixed to the ground or incorporated into the constructions and which cannot be separated there from without damaging them or altering them, such as trees, decorative attachments, etc. (fixtures);
- rights relating to such buildings or land which constitute split proprietary rights (démembrement de propriété);
- movable property (biens mobiles) formally defined by statute to constitute immovable property (immovables by law).
Article 4:
The only situation which may prima facie establish ownership is due possession. The State shall grant official recognition of such possession.
The State may also allocate real or immovable goods belonging to it, within the strict limits laid down by this statute.
Transfers or conveyances of the original property shall be carried out in accordance with the general law (droit commun) of sales, succession, exchange and gift.
Article 5:
Immovable goods currently held by the State or public persons in respect of which the former owners are known, must be restored to such former owners in accordance with conditions provided by an Anoukret.
Article 6:
Only persons of Cambodian nationality are entitled to be owners of immovable goods situated on the national territory of Cambodia.
Thus, the following persons may be owners in Cambodia: Khmer citizens of both sexes, territorial public authorities, public institutions and indigenous communities, associations of Cambodian status, public undertakings and Cambodian civil or commercial sociétés[1] [2]and any Cambodian organisation which is recognised by statute as a legal person.
Article 7:
A commercial société (société commerciale) registered in Cambodia, in respect of which 51% of the share capital is held by natural persons of Cambodian nationality or by legal persons incorporated pursuant to the laws of Cambodia, may be the owner of real or immovable goods. Only percentages stipulated in the Articles of Association are taken into account. Any conflicting shareholders’ private agreement shall be null and void.
If percentages stipulated in the Articles of Association are amended to the detriment of Cambodian shareholders, the société shall restore the previous situation immediately, or it shall alienate such immovables (immeubles) or real property (biens fonciers) for the benefit of the Cambodian subject within a period of 6 months. After such 6-month period, the real and immovable goods of the société shall become the property of the State.
Article 8
Property may belong to one person, natural or legal: this is sole ownership.
Property may belong to a group of persons exercising their prerogatives through institutions which are regulated by statute for such purpose: this is collective property (propriété collective).
Property may be held by several identifiable persons, collectively exercising their rights over the entirety of the property: this is joint-ownership en indivision (la propriété indivise).
Property may be shared among several persons exercising exclusive rights over certain parts of the property and who must comply with a règlement légal or conventionnel (statutory rules or deed) stipulating the rights and obligations of the co-owners (règlement de co-propriété) with respect to common areas: this is the co-propriéte (co-ownership on a long leasehold).
Each of these types of property is governed by specific provisions.
Article 9
Property law governing immovable goods varies in accordance with the requirements of the Khmer society, insofar as agricultural land, forests, waterways, reservoirs or expanses of water, sea shores, riverbanks, urban property, land for construction and zones of industrial development are concerned.
Specific laws add to or will add to the provisions of the current enactment or shall constitute exceptions to such enactment taking into account socio-economic needs.Regulations (Kret or Anoukret) may, in compliance with legislative provisions, stipulate the details of these various property laws.
[1] Société is the general term used in French law for a profit-making organisation. It may be translated as “partnership” or “company” or “corporation” depending upon the context. It becomes a legal person through registration. In this context, although it was tempting to translate société as “company”, it would be misleading and even though under French law (the exact equivalent of partnership is société de personnes) there is no sharp distinction between partnerships and companies, under English law the distinction is vital because the former do not have legal personality where the latter do.
[2] Not every société is involved in commerce; the former société is governed by the droit civil and the latter by the droit commercial.