Understanding the 3 Authentic Deed Forms for Real Estate Sale & Purchase in Cambodia

• 9 June 2022
• Property Focus
• 5517 Views

Have you ever noticed the forms of sale and purchase contracts for land or houses? All of these forms are called “Authentic Deeds”.

According to Article 9 of the Law on The Implementation of Civil Code, sale and purchase contracts or gift contracts must be written in the form of authentic deeds to have the effect of a contract in order to transfer ownership of the real estate.

So, the real estate sale and purchase contract must be written in 3 authentic deed forms such as:

1. Contract Written by Notary

This type of contract is written by any notary but it yet happens in real estate transactions in Cambodia, unlike in France. Cambodia now is drafting a Law on the Common Statute of Notary. When the draft law comes into force, this kind of authentic deed will be implemented.

2. Contract Sealed by Commune, Sangkat or City, District, Khan Administration

The contract is made by writing the name, and identity of the land that is the subject of the registration in the form of a contract, and donor, done, two witnesses have to give thumbprints on the contract in front of the Commune /Sangkat chief or City/ District/ Khan governor.

Then, the Commune /Sangkat chief or the City/ District / Khan governor shall sign and officially seal in front of the Registration Office.

3. Contract Certified by Notary

This is a type of authentic document made by a private individual which is signed, dated, and certified legitimately by a notary.

Also, an agreement which is entered into between a creditor and a debtor or a third party that provides immovable property as security for an obligation must be written in the form of the authentic deed. (Read more)

 

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