12/15/14 Session 8 Subject: Land Law For English Language Based Bachelor of Law Program (ELBBL) Lecturer: Dr. Phalthy Hap 1 Outline • Meaning of antichresis
• Pledgee’s right to use and
receive profits
• Pledgee’s duties
• Duration of antichresis
2 1 12/15/14 Meaning of An4chresis (2)  Antichresis in the 2001 Land Law has
repealed since December 21, 2011 through
the Law on Civil Code Enforcement. (May
31, 2011)
3 Meaning of An4chresis (2) borrow $
Paddy Field
A B Creditor
Debtor
4 2 12/15/14 Meaning of An4chresis (3) borrow $
A B Debtor
Creditor
Possess the
certificate
Possess the land
Paddy Field
5 Pledgee's right to use and receive proﬁts (1) •  The pledgee of an immovable may use and receive the
profits of the immovable in accordance with its
ordinary use.
•  With respect to the land to which a pledge for an
indefinite period of time was created to secure the
claim, where the pledgee uses the land for cultivation,
if the time for harvest of the crops which the pledgee
seeded or planted is coming within a year, the pledgee
may use the land till the time for harvest of the crops,
even though the pledge has been extinguished by the
performance.
(CC, Art. 834(1, 2))
6 3 12/15/14 Pledgee's right to use and receive proﬁts (2) •  With respect to the land to which a pledge for a deﬁnite period of time was created to secure the claim, where the pledgee uses the land for cultivation, if the time for harvest of the crops which the pledgee seeded or planted is coming within a year, the pledgee may use the land till the time for harvest of the crops, even though the pledge has been extinguished by the performance before the due time. However the pledgee must return the land immediately after receiving the performance, if the time for harvest is arriving after the due time for performance, even though the time for harvest is arriving within a year after the performance. (CC, Art. 834(3))
7 Pledgee's du4es •  The pledgee of an immovable shall pay the expenses of management and otherwise bear burdens in relation to the immovable. (CC, Art. 835) •  The pledgee of an immovable cannot demand interest on his/her claim. (CC, Art. 836)
8 4 12/15/14 Dura4on of An4chresis •  The duration of a pledge of an immovable cannot exceed ﬁve years. If a pledge of an immovable is created for a longer period, such period shall be reduced to ﬁve years. •  The pledge of an immovable may be renewed. However the renewal period cannot exceed ﬁve years from the time of renewal. (CC, Art. 838)
9 More provisions about an4chresis •  In addition to the speciﬁc provisions concerning antichresis, the provisions of mortgage shall apply mutatis mutandis to antichresis. (CC, Art. 839)
10 5 12/15/14 Discussion  What do you think about antichresis in
current Cambodia?
11 Thank you!!! Ques4ons and Answers Contact:
[email protected]
www.phalthy.wordpress.com 12 6