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CLAIM OBLIGATION
MECHANISM TO REALIZE RIGHTS
MECHANISM TO REALIZE RIGHTS
Date: 22 May 2009
Forum: Khmer Seminar
Presenter: SAR Senera
Presenter: SAR Senera
Moderator: NGIM Sok Rachany
1
Meanings of Claim & Obligation
Meanings of Claim & Obligation
Monetary
PROPERTY
CLAIM
Non‐Monetary
RIGHTS
Real Right Ownership, etc.
2
CLAIM
CLAIM
Right that one person (Creditor) can demand
another p person ((Debtor)) to p payy back a
particular amount of money (monetary claim)
or to perform a particular act (non
(non‐monetary
monetary
claim).
Ex: A lends
l B 10.000$.
$ Thus,
h A has
h a claim
l
(10.000$ +…) against B.
3
OBLIGATION
‐ A legal relationship that connects a particular person
ith specific
with a ifi person by having the particular person
b h i th ti l
assume a certain duty with respect to the specific
person.
‐ The person assuming the duty shall be called the
'obligor,' and the person receiving the benefit of
performance of such duty shall be called the 'obligee.‘
(CC: 308)
Ex: B sells land Q to A, B receives proceeds
Ex: B sells land Q to A, B receives proceeds
from A already, so B has obligation to register
the transfer of ownership of Q to A
the transfer of ownership of Q to A.
4
CLAIM
Receive Payment
Ownership (LL)
5
CASE STUDY 1:
Loan for Consumption
A lends B 10.000$ on 1 Jan.2008 requiring B to
p y
pay back on 1 Jan.2009 with the interests of
5% per year.
B fails to pay until now
B fails to pay until now.
B has some properties such as (moped, land,
house, etc.)
What can A do to get back 10 000+ 5%/yr
What can A do to get back 10.000+ 5%/yr
Interests ?
6
Realization of Rights (1)
1. Loan Contract
C
2. Delivery of 10.000
3. Due Date : 1 Jan.2009
SUE (demand for payment of 10.000$+…)
7
JUDGMENT
1. B pays 10.000$+… to A.
2. Litigation costs shall be borne by B
PAYMENT
Right
i h
Realized
8
JUDGMENT
1. B pays 10.000$+… to A.
2. Litigation costs shall be borne by B
NO I DON’T
NO I DON’T
Right
Realized
9
JUDGMENT
1. B pays 10.000$+… to A.
2. Litigation costs shall be borne by B
NO I AM IN POVERTY
NO, I AM IN POVERTY
10
CASE STUDY 2:
Tong Tin
A is a mastermind of a TT consisting of 11 other
members (B1,…B11). The TT takes effect from 1
Jan.2008. Each member, including A, has to pay
monthly basic share of 1.000 calculated based on the
prospective interests rate offered by each winning
member of the bid. From turns of A and B2, TT goes
smoothly. However, in April turn, B3 collects all the
payment and escapes. B3`s whereabouts is
unknown.
What can all members do ?
11
Security of Obligation
Security of Obligation
B1
B11 A B2
Guarantor
B3
12
Realization of Rights (2)
Realization of Rights (2)
1. Payment of Shares
2. Payment of Damages
13
INTERVENTION OF STATE
INTERVENTION OF STATE
A
Creditor
di Civil Execution
Civil Execution
Civil Claim
(Payment)
B3 Criminal
Prosecutor Indictment Punishment
(St t ’ A t)
(State’s Agent)
14
WHY SO FAR DEBTORS HAVE BEEN
ARRESTED ?
ARRESTED ?
Q & A
THANKS FOR YOUR ATTENTION
15