I.

Choose the answer (by circling) True or False of questions below: (5 scores)
1. Private law regulates property and familial relationships between private person. T / F
2. Public law regulates the relationships between private persons and the State or other
public institutions. T/F
3. The subject of public law is applicable where one or both parties in the relevant
legal relation is a State or a public institution, and private law is applicable where
Both parties are private persons. T/F
4. According to the “distinction based on the authority” standard, public law is
applicable when one party in the relevant legal relationship has authority over
another party who is submissive to that authority. In contrast, private law applies
when both parties are of equal standing in the legal relationship. T/F
5. Public law has the objective of serving the private interests, while private law
has the objective of serving public interests. T/F

Choose the correct answer to the following questions: (5 scores)

1. What are the sources of the private law of the Kingdom of Cambodia?
 a. Constitution, Civil Law, and Commercial Law.
 b. Constitution, Civil Law, Criminal Law, Land Law, and Customary Law.
 c. Constitution, Civil Law, Criminal Law, Commercial Law, and Jurisprudence.
2. When did the legal personality of natural persons come about?
 a. Legal age of 18 years old.
 b. Fetus of 3 months.
 c. By birth.
3. When did the legal personality of juristic persons come about?
 a. Start up the company
 b. Registration
 c. Public dissemination
4. What legal traditions are influenced by the Civil Code of 2007?
 a. Civil Legal System.
 b. Hybrid Legal System (Civil Law System and Common Law System).
 c. Socialist Legal System.
5. What is the principle of private autonomy?

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  a. Freedom of contract refers to the freedom 1) to conclude or not conclude a contract,
2) to determine the content of a contract, 3) to select the other party to a contract,
and 4) to determine the form of a contract.
 b. Individual decision to destroy a contract.
 c. Legal act performance.
II. Answer the following insightful questions in detail: (10 scores)
1. What is an obligation? Divided into how many categories?
Answer: The Civil Code of 2007 of Cambodia defines an obligation as a legal
relationship by which a person, called the obligor, is required to perform a specific act
or refrain from performing an act in favor of another person, called the obligee.
Obligations can arise from contracts, torts, or other legal sources. The obligor is
obligated to fulfill their obligation with diligence and in good faith. Failure to fulfill an
obligation can result in legal consequences such as damages or termination of the
contract. Obligation divided into two types:
1- According to the Civil Code of 2007 of Cambodia, an obligation created based
upon the intention of the parties is known as a contractual obligation. A
contractual obligation is created when two or more parties enter into an agreement,
and each party undertakes certain obligations towards the other party. The parties
to a contract are free to determine the content and scope of their obligations,
subject to the requirements of the law. The Civil Code also recognizes that
contractual obligations arise not only from written contracts, but also from verbal
agreements, conduct, and other circumstances. The parties to a contract are bound
to comply with the terms of the contract, and failure to comply with the contract
can lead to legal consequences. The Civil Code provides for remedies such as
damages, specific performance, and termination of the contract in case of breach of
contractual obligations.
2- According to the Civil Code of 2007 of Cambodia, an obligation created by law is
known as a legal obligation. A legal obligation is an obligation that arises from the
law itself, without the need for any agreement or contract between the parties.
Legal obligations are binding on all persons within the jurisdiction of the law,
regardless of their consent or agreement. Legal obligations can arise from various
sources, such as the Civil Code, other laws, regulations, and judicial decisions. For
example, the law imposes an obligation on employers to provide a safe working

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 environment for their employees, or an obligation on drivers to comply with traffic
rules and regulations. Failure to fulfill a legal obligation can lead to legal
consequences, such as fines, penalties, or imprisonment.
2. According to the Civil Code of 2007 of the Kingdom of Cambodia, what is ownership and
give example?
Answer: According to the Civil Code of 2007 of the Kingdom of Cambodia, ownership is
the right of a person to enjoy and dispose of a thing, to the exclusion of all others, subject
only to the limitations and restrictions imposed by law. Ownership includes both the right
to use and enjoy the thing, and the right to dispose of it, such as by selling, donating or
leasing it.
An example of ownership is when a person purchases a house, they become the owner of
the house and have the right to use and enjoy it as they wish, subject to any legal
restrictions. They can also sell the house or lease it to others, as they see fit. However,
their ownership may be subject to certain limitations and restrictions, such as zoning laws
or building codes, that govern how the property can be used or developed.
III. Analyze the following case studies: (10 scores)

Being law students, express your legal opinion on the following case studies:

Case Study:

A situation where a person, without legal cause, derives a benefit from the property or
services of another and thereby causes loss. In such a case, the beneficiary must return that benefit.
For example, C withdrew 100 USD from his account, however due to a technical error, the data
on the bank records showed that only 50 USD was withdrawn. Another example is that A intended
to transfer 1000 USD to his creditor, however, by mistake, A transferred that amount to an
unknown B. In both cases, C and B must return those benefits.
1- According to the principle of Civil Code of 2007, what is this case and give example?
Answer: According to the Civil Code of 2007 of the Kingdom of Cambodia, unjust
enrichment occurs when a person has received a benefit or advantage at the expense
of another person, without any legal justification. The person who has received the
benefit is obligated to compensate the other person for the loss suffered.
An example of unjust enrichment is when a person accidentally deposits money into
the wrong bank account, and the owner of that account uses the money without
realizing it was a mistake. The owner of the account has been unjustly enriched, as they

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 received a benefit at the expense of the person who mistakenly deposited the money.
The owner of the account would be obligated to return the money, or compensate the
person who mistakenly deposited the money for the loss suffered. The Civil Code
provides remedies for unjust enrichment, such as the restitution of the benefit received,
or compensation for the loss suffered. These remedies are intended to restore the parties
to their original position prior to the unjust enrichment.
A tortious act refers to an act in violation of law based on the intent or negligence of a
tortfeasor that infringes the rights or benefits of another who is known as a victim. The victim in
a tortious act may claim compensation of damages against a tortfeasor.
2- According to the principle of Civil Code of 2007, what is this case and give example?
Answer: According to the Civil Code of 2007 of the Kingdom of Cambodia, a tort is
a civil wrong or injury that is committed by one person against another person or their
property, resulting in harm or damage. A tort can be intentional or unintentional, and
can include acts such as negligence, defamation, assault, or trespassing.
An example of a tort is if a person accidentally causes a car accident that results in
injury to another person, they may be held liable for the harm caused as a result of their
negligence. Another example of a tort is if a person defames another person by making
false and harmful statements about them that cause harm to their reputation or business.
The Civil Code provides remedies for torts, such as compensation for damages,
injunctive relief, or other forms of relief deemed appropriate by the court. The purpose
of these remedies is to compensate the injured party for the harm suffered as a result of
the tort, and to deter others from committing similar tortious acts in the future.