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- Title
CAMBODIA'S LAW ON SECURED TRANSACTIONS.
- Authors
Holzer, Timothy J.; Sotheaphal, Pho
- 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.
- Subjects
CAMBODIA; PERFECTION of security interests; COLLATERAL security laws; COLLATERAL security; COMMERCIAL law; INTANGIBLE property; FAST moving consumer goods; CIVIL law
- Publication
Akron Law Review, 2021, Vol 54, Issue 5, p869
- ISSN
0002-371X
- Publication type
Article