Sunday, July 10, 2011

Death Certificate, Certificate of Disappearance, & Certificate of Absenteeism in Cambodia

Death Certificate: refers to the certificate issued by the Khum or Sangkat to clarified someone’s death with the evidence of the dead body and official documents from doctors stating the cause of death in order to help the dead person’s family in getting succession, getting new married (at least 1 year after), determining disease of death to use in public health, terminating the contract with parties that are interested, reducing corruption in using functions of dead person to get salary, and for investigation of person’s death whether because of illness or murder.

Certificate of Disappearance: is the certificate issued by the court to express that person is unknown for 5 years in general situation, 1 years in war zone or aboard a foundered vessel since the date of information of disappearance to the police, and the presumption of simultaneous death in order to give the right for spouse to get new married and get half of the property after 1 year of disappearance according to Married Law and after 5 years for spouse and children to get the right of ownership of all property. However, if the absentee appears, he or she can terminate the declaration of disappearance and get his property back.

Certificate of Absenteeism: is the certificate of declaration of absenteeism from the court to show that a person has left permanent resident or place of abode without expectation of his return and need to appoint an administrator to manage absentee’s property under the control of the court. Furthermore, absentee’s spouse can get new married after one year of absenteeism.

By: POK Panhavuth

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