Monthly Archives: ខែមករា 2012

TThe Civil Code of the Philippines 

book I PERSONS AND FAMILY



Republic Act No. 386June 18, 1949

The Civil Code of the Philippines

AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES







BOOK IPERSONS Title I. – CIVIL PERSONALITY CHAPTER 1GENERAL PROVISIONS 

Art. 37.  Juridical capacity, which is the fitness to be the subject of legal relations, is inherent in every natural person and is lost only through death. Capacity to act, which is the power to do acts with legal effect, is acquired and may be lost. (n)
Art. 38. Minority, insanity or imbecility, the state of being a deaf-mute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. (32a)
Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion.
A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n)
 



CHAPTER 2NATURAL PERSONS 
Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. (29a)

Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother’s womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb. (30a)
Art. 42. Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the deceased is determined by law, by contract and by will. (32a)
Art. 43. If there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, it is presumed that they died at the same time and there shall be no transmission of rights from one to the other. (33)
 



CHAPTER 3JURIDICAL PERSONS 
Art. 44. The following are juridical persons:

    (1) The State and its political subdivisions;

    (2) Other corporations, institutions and entities for public interest or purpose, created by law; their personality begins as soon as they have been constituted according to law;
    (3) Corporations, partnerships and associations for private interest or purpose to which the law grants a juridical personality, separate and distinct from that of each shareholder, partner or member. (35a)
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the preceding article are governed by the laws creating or recognizing them.
Private corporations are regulated by laws of general application on the subject.
Partnerships and associations for private interest or purpose are governed by the provisions of this Code concerning partnerships. (36 and 37a)
Art. 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. (38a)
Art. 47. Upon the dissolution of corporations, institutions and other entities for public interest or purpose mentioned in No. 2 of Article 44, their property and other assets shall be disposed of in pursuance of law or the charter creating them. If nothing has been specified on this point, the property and other assets shall be applied to similar purposes for the benefit of the region, province, city or municipality which during the existence of the institution derived the principal benefits from the same. (39a)
 



Title II. – CITIZENSHIP AND DOMICILE 
Art. 48. The following are citizens of the Philippines:

    (1) Those who were citizens of the Philippines at the time of the adoption of the Constitution of the Philippines;

    (2) Those born in the Philippines of foreign parents who, before the adoption of said Constitution, had been elected to public office in the Philippines;
    (3) Those whose fathers are citizens of the Philippines;
    (4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship;
    (5) Those who are naturalized in accordance with law. (n)
Art. 49. Naturalization and the loss and reacquisition of citizenship of the Philippines are governed by special laws. (n)
Art. 50. For the exercise of civil rights and the fulfillment of civil obligations, the domicile of natural persons is the place of their habitual residence. (40a)
Art. 51. When the law creating or recognizing them, or any other provision does not fix the domicile of juridical persons, the same shall be understood to be the place where their legal representation is established or where they exercise their principal functions. (41a)
 



Title III. – MARRIAGE CHAPTER 1REQUISITES OF MARRIAGE Art. 52. Marriage is not a mere contract but an inviolable social institution. Its nature, consequences and incidents are governed by law and not subject to stipulation, except that the marriage settlements may to a certain extent fix the property relations during the marriage. (n)

Art. 53. No marriage shall be solemnized unless all these requisites are complied with:
    (1) Legal capacity of the contracting parties;

    (2) Their consent, freely given;
    (3) Authority of the person performing the marriage; and
    (4) A marriage license, except in a marriage of exceptional character(Sec. 1a, Art. 3613).
Art. 54. Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or upwards, not under any of the impediments mentioned in Articles 80 to 84, may contract marriage. (2)
Art. 55. No particular form for the ceremony of marriage is required, but the parties with legal capacity to contract marriage must declare, in the presence of the person solemnizing the marriage and of two witnesses of legal age, that they take each other as husband and wife. This declaration shall be set forth in an instrument in triplicate, signed by signature or mark by the contracting parties and said two witnesses and attested by the person solemnizing the marriage.
In case of a marriage on the point of death, when the dying party, being physically unable, cannot sign the instrument by signature or mark, it shall be sufficient for one of the witnesses to the marriage to sign in his name, which fact shall be attested by the minister solemnizing the marriage. (3)
Art. 56. Marriage may be solemnized by:
    (1) The Chief Justice and Associate Justices of the Supreme Court;

    (2) The Presiding Justice and the Justices of the Court of Appeals;
    (3) Judges of the Courts of First Instance;
    (4) Mayors of cities and municipalities;
    (5) Municipal judges and justices of the peace;
    (6) Priests, rabbis, ministers of the gospel of any denomination, church, religion or sect, duly registered, as provided in Article 92; and
    (7) Ship captains, airplane chiefs, military commanders, and consuls and vice-consuls in special cases provided in Articles 74 and 75. (4a)
Art. 57. The marriage shall be solemnized publicly in the office of the judge in open court or of the mayor; or in the church, chapel or temple, as the case may be, and not elsewhere, except in cases of marriages contracted on the point of death or in remote places in accordance with Article 72 of this Code, or in case of marriage referred to in Article 76 or when one of the parents or the guardian of the female or the latter herself if over eighteen years of age request it in writing, in which cases the marriage may be solemnized at a house or place designated by said parent or guardian of the female or by the latter herself in a sworn statement to that effect. (5a)
Art. 58. Save marriages of an exceptional character authorized in Chapter 2 of this Title, but not those under Article 75, no marriage shall be solemnized without a license first being issued by the local civil registrar of the municipality where either contracting party habitually resides. (7a)
Art. 59. The local civil registrar shall issue the proper license if each of the contracting parties swears separately before him or before any public official authorized to administer oaths, to an application in writing setting forth that such party has the necessary qualifications for contracting marriage. The applicants, their parents or guardians shall not be required to exhibit their residence certificates in any formality in connection with the securing of the marriage license. Such application shall insofar as possible contain the following data:
    (1) Full name of the contracting party;

    (2) Place of birth;
    (3) Age, date of birth;
    (4) Civil status (single, widow or widower, or divorced);
    (5) If divorced, how and when the previous marriage was dissolved;
    (6) Present residence;
    (7) Degree of relationship of the contracting parties;
    (8) Full name of the father;
    (9) Residence of the father;
    (10) Full name of the mother;
    (11) Residence of the mother;
    (12) Full name and residence of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty years, if a male, or eighteen years if a female.(7a)
Art. 60. The local civil registrar, upon receiving such application, shall require the exhibition of the original baptismal or birth certificates of the contracting parties or copies of such documents duly attested by the persons having custody of the originals. These certificates or certified copies of the documents required by this article need not to be sworn to and shall be exempt from the documentary stamp tax. The signature and official title of the person issuing the certificate shall be sufficient proof of its authenticity.
If either of the contracting parties is unable to produce his baptismal or birth certificate or a certified copy of either because of the destruction or loss of the original, or if it is shown by an affidavit of such party or of any other person that such baptismal or birth certificate has not yet been received though the same has been requested of the person having custody thereof at least fifteen days prior to the date of the application, such party may furnish in lieu thereof his residence certificate for the current year or any previous years, to show the age stated in his application or, in the absence thereof, an instrument drawn up and sworn to before the local civil registrar concerned or any public official authorized to solemnize marriage. Such instrument shall contain the sworn declaration of two witnesses, of lawful age, of either sex, setting forth the full name, profession, and residence of such contracting party and of his or her parents, if known, and the place and date of birth of such party. The nearest of kin of the contracting parties shall be preferred as witnesses, and in their default, persons well known in the province or the locality for their honesty and good repute.
The exhibition of baptismal or birth certificates shall not be required if the parents of the contracting parties appear personally before the local civil registrar concerned and swear to the correctness of the lawful age of said parties, as stated in the application, or when the local civil registrar shall, by merely looking at the applicants upon their personally appearing before him, be convinced that either or both of them have the required age. (8a)
Art. 61. In case either of the contracting parties is a widowed or divorced person, the same shall be required to furnish, instead of the baptismal or birth certificate required in the last preceding article, the death certificate of the deceased spouse or the decree of the divorce court, as the case may be. In case the death certificate cannot be found, the party shall make an affidavit setting forth this circumstance and his or her actual civil status and the name and the date of the death of the deceased spouse.
In case either or both of the contracting parties, being neither widowed nor divorced, are less than twenty years of age as regards the male and less than eighteen years as regards the female, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage, of their father, mother or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be in writing, under oath taken with the appearance of the interested parties before the proper local civil registrar or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. (9a)
Art. 62. Males above twenty but under twenty-five years of age, or females above eighteen but under twenty-three years of age, shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage shall not take place till after three months following the completion of the publication of the application for marriage license. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall accompany the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn declaration. (n)
Art. 63. The local civil registrar shall post during ten consecutive days at the main door of the building where he has his office a notice, the location of which shall not be changed once it has been placed, setting forth the full names and domiciles of the applicants for a marriage license and other information given in the application. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local registrar thereof. The license shall be issued after the completion of the publication, unless the local civil registrar receives information upon any alleged impediment to the marriage. (10a)
Art. 64. Upon being advised of any alleged impediment to the marriage, the local civil registrar shall forthwith make an investigation, examining persons under oath. If he is convicted that there is an impediment to the marriage, it shall be his duty to withhold the marriage license, unless he is otherwise ordered by a competent court. (n)
Art. 65. The local civil registrar shall demand the previous payment of fees required by law or regulations for each license issued. No other sum shall be collected, in the nature of a fee or tax of any kind, for the issuance of a marriage license. Marriage licenses shall be issued free of charge to indigent parties, when both male and female do not each own assessed real property in excess of five hundred pesos, a fact certified to, without cost, by the provincial treasurer, or in the absence thereof, by a statement duly sworn to by the contracting parties before the local civil registrar. The license shall be valid in any part of the Philippines; but it shall be good for no more than one hundred and twenty days from the date on which it is issued and shall be deemed canceled at the expiration of said period if the interested parties have not made use of it. (11a)
Art. 66. When either or both of the contracting parties are citizens or subjects of a foreign country, it shall be necessary, before a marriage license can be obtained, to provide themselves with a certificate of legal capacity to contract marriage, to be issued by their respective diplomatic or consular officials. (13a)
Art. 67. The marriage certificate in which the contracting parties shall state that they take each other as husband and wife, shall also contain:
    (1) The full names and domiciles of the contracting parties;

    (2) The age of each;
    (3) A statement that the proper marriage license has been issued according to law and that the contracting parties have the consent of their parents in case the male is under twenty or the female under eighteen years of age; and
    (4) A statement that the guardian or parent has been informed of the marriage, if the male is between the ages of twenty and twenty-five years, and the female between eighteen and twenty-three years of age. (15a)
Art. 68. It shall be the duty of the person solemnizing the marriage to furnish to either of the contracting parties one of the three copies of the marriage contract referred to in Article 55, and to send another copy of the document not later than fifteen days after the marriage took place to the local civil registrar concerned, whose duty it shall be to issue the proper receipt to any person sending a marriage contract solemnized by him, including marriages of an exceptional character. The official, priest, or minister solemnizing the marriage shall retain the third copy of the marriage contract, the marriage license and the affidavit of the interested party regarding the solemnization of the marriage in a place other than those mentioned in Article 57 if there be any such affidavit, in the files that he must keep. (16a)
Art. 69. It shall be the duty of the local civil registrar to prepare the documents required by this Title, and to administer oaths to all interested parties without any charge in both cases.
The documents and affidavits filed in connection with applications for marriage licenses shall be exempt from the documentary stamp tax. (17a)
Art. 70. The local civil registrar concerned shall enter all applications for marriage licenses filed with him in a register book strictly in the order in which the same shall be received. He shall enter in said register the names of the applicants, the date on which the marriage license was issued, and such other data as may be necessary. (18a)
Art. 71. All marriages performed outside the Philippines in accordance with the laws in force in the country where they were performed, and valid there as such, shall also be valid in this country, except bigamous, polygamous, or incestuous marriages as determined by Philippine law. (19a)
 



CHAPTER 2MARRIAGES OF EXCEPTIONAL CHARACTER
Art. 72. In case either of the contracting parties is on the point of death or the female has her habitual residence at a place more than fifteen kilometers distant from the municipal building and there is no communication by railroad or by provincial or local highways between the former and the latter, the marriage may be solemnized without necessity of a marriage license; but in such cases the official, priest, or minister solemnizing it shall state in an affidavit made before the local civil registrar or any person authorized by law to administer oaths that the marriage was performed in articulo mortis or at a place more than fifteen kilometers distant from the municipal building concerned, in which latter case he shall give the name of the barrio where the marriage was solemnized. The person who solemnized the marriage shall also state, in either case, that he took the necessary steps to ascertain the ages and relationship of the contracting parties and that there was in his opinion no legal impediment to the marriage at the time that it was solemnized. (20)

Art. 73. The original of the affidavit required in the last preceding article, together with a copy of the marriage contract, shall be sent by the person solemnizing the marriage to the local civil registrar of the municipality where it was performed within the period of thirty days, after the performance of the marriage. The local civil registrar shall, however, before filing the papers, require the payment into the municipal treasury of the legal fees required in Article 65. (21)
Art. 74. A marriage in articulo mortis may also be solemnized by the captain of a ship or chief of an airplane during a voyage, or by the commanding officer of a military unit, in the absence of a chaplain, during war. The duties mentioned in the two preceding articles shall be complied with by the ship captain, airplane chief or commanding officer. (n)
Art. 75. Marriages between Filipino citizens abroad may be solemnized by consuls and vice-consuls of the Republic of the Philippines. The duties of the local civil registrar and of a judge or justice of the peace or mayor with regard to the celebration of marriage shall be performed by such consuls and vice-consuls. (n)
Art. 76. No marriage license shall be necessary when a man and a woman who have attained the age of majority and who, being unmarried, have lived together as husband and wife for at least five years, desire to marry each other. The contracting parties shall state the foregoing facts in an affidavit before any person authorized by law to administer oaths. The official, priest or minister who solemnized the marriage shall also state in an affidavit that he took steps to ascertain the ages and other qualifications of the contracting parties and that he found no legal impediment to the marriage. (n)
Art. 77. In case two persons married in accordance with law desire to ratify their union in conformity with the regulations, rites, or practices of any church, sect, or religion it shall no longer be necessary to comply with the requirements of Chapter 1 of this Title and any ratification made shall merely be considered as a purely religious ceremony. (23)
Art. 78. Marriages between Mohammedans or pagans who live in the non-Christian provinces may be performed in accordance with their customs, rites or practices. No marriage license or formal requisites shall be necessary. Nor shall the persons solemnizing these marriages be obliged to comply with Article 92.
However, twenty years after approval of this Code, all marriages performed between Mohammedans or pagans shall be solemnized in accordance with the provisions of this Code.  But the President of the Philippines, upon recommendation of the Secretary of the Interior, may at any time before the expiration of said period, by proclamation, make any of said provisions applicable to the Mohammedan and non-Christian inhabitants of any of the non-Christian provinces. (25a)
Art. 79. Mixed marriages between a Christian male and a Mohammedan or pagan female shall be governed by the general provision of this Title and not by those of the last preceding article, but mixed marriages between a Mohammedan or pagan male and a Christian female may be performed under the provisions of the last preceding article if so desired by the contracting parties, subject, however, in the latter case to the provisions of the second paragraph of said article. (26)
 



CHAPTER 3VOID AND VOIDABLE MARRIAGES
Art. 80. The following marriages shall be void from the beginning:

    (1) Those contracted under the ages of sixteen and fourteen years by the male and female respectively, even with the consent of the parents;

    (2) Those solemnized by any person not legally authorized to perform marriages;
    (3) Those solemnized without a marriage license, save marriages of exceptional character;
    (4) Bigamous or polygamous marriages not falling under Article 83, Number 2;
    (5) Incestuous marriages mentioned in Article 81;
    (6) Those where one or both contracting parties have been found guilty of the killing of the spouse of either of them;
    (7) Those between stepbrothers and stepsisters and other marriages specified in Article 82. (n)
Art. 81. Marriages between the following are incestuous and void from their performance, whether the relationship between the parties be legitimate or illegitimate:
    (1) Between ascendants and descendants of any degree;

    (2) Between brothers and sisters, whether of the full or half blood;
    (3) Between collateral relatives by blood within the fourth civil degree. (28a)
Art. 82. The following marriages shall also be void from the beginning:
    (1) Between stepfathers and stepdaughters, and stepmothers and stepsons;

    (2) Between the adopting father or mother and the adopted, between the latter and the surviving spouse of the former, and between the former and the surviving spouse of the latter;
    (3) Between the legitimate children of the adopter and the adopted.(28a)
Art. 83. Any marriage subsequently contracted by any person during the lifetime of the first spouse of such person with any person other than such first spouse shall be illegal and void from its performance, unless:
    (1) The first marriage was annulled or dissolved; or

    (2) The first spouse had been absent for seven consecutive years at the time of the second marriage without the spouse present having news of the absentee being alive, or if the absentee, though he has been absent for less than seven years, is generally considered as dead and believed to be so by the spouse present at the time of contracting such subsequent marriage, or if the absentee is presumed dead according to Articles 390 and 391. The marriage so contracted shall be valid in any of the three cases until declared null and void by a competent court. (29a)
Art. 84. No marriage license shall be issued to a widow till after three hundred days following the death of her husband, unless in the meantime she has given birth to a child. (n)
Art. 85. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
    (1) That the party in whose behalf it is sought to have the marriage annulled was between the ages of sixteen and twenty years, if male, or between the ages of fourteen and eighteen years, if female, and the marriage was solemnized without the consent of the parent, guardian or person having authority over the party, unless after attaining the ages of twenty or eighteen years, as the case may be, such party freely cohabited with the other and both lived together as husband and wife;

    (2) In a subsequent marriage under Article 83, Number 2, that the former husband or wife believed to be dead was in fact living and the marriage with such former husband or wife was then in force;
    (3) That either party was of unsound mind, unless such party, after coming to reason, freely cohabited with the other as husband or wife;
    (4) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as her husband or his wife, as the case may be;
    (5) That the consent of either party was obtained by force or intimidation, unless the violence or threat having disappeared, such party afterwards freely cohabited with the other as her husband or his wife, as the case may be;
    (6) That either party was, at the time of marriage, physically incapable of entering into the married state, and such incapacity continues, and appears to be incurable. (30a)
Art. 86. Any of the following circumstances shall constitute fraud referred to in Number 4 of the preceding article:
    (1) Misrepresentation as to the identity of one of the contracting parties;

    (2) Non-disclosure of the previous conviction of the other party of a crime involving moral turpitude, and the penalty imposed was imprisonment for two years or more;
    (3) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband.
No other misrepresentation or deceit as to character, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (n)
Art. 87. The action for annulment of marriage must be commenced by the parties and within the periods as follows:
    (1) For causes mentioned in Number 1 of Article 85, by the party whose parent or guardian did not give his or her consent, within four years after attaining the age of twenty or eighteen years, as the case may be; or by the parent or guardian or person having legal charge, at any time before such party has arrived at the age of twenty or eighteen years;

    (2) For causes mentioned in Number 2 of Article 85, by the spouse who has been absent, during his or her lifetime; or by either spouse of the subsequent marriage during the lifetime of the other;
    (3) For causes mentioned in Number 3 of Article 85, by the sane spouse, who had no knowledge of the other’s insanity; or by any relative or guardian of the party of unsound mind, at any time before the death of either party;
    (4) For causes mentioned in Number 4, by the injured party, within four years after the discovery of the fraud;
    (5) For causes mentioned in Number 5, by the injured party, within four years from the time the force or intimidation ceased;
    (6) For causes mentioned in Number 6, by the injured party, within eight years after the marriage. (31a)
Art. 88. No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment.
Art. 89. Children conceived or born of marriages which are void from the beginning shall have the same status, rights and obligations as acknowledged natural children, and are called natural children by legal fiction.
Children conceived of voidable marriages before the decree of annulment shall be considered as legitimate; and children conceived thereafter shall have the same status, rights and obligations as acknowledged natural children, and are also called natural children by legal fiction. (n)
Art. 90. When a marriage is annulled, the court shall award the custody of the children as it may deem best, and make provision for their education and support. Attorney’s fees and expenses incurred in the litigation shall be charged to the conjugal partnership property, unless the action fails. (33a)
Art. 91. Damages may be awarded in the following cases when the marriage is judicially annulled or declared void from the beginning:
    (1) If there has been fraud, force or intimidation in obtaining the consent of one of the contracting parties;

    (2) If either party was, at the time of the marriage, physically incapable of entering into the married state, and the other party was unaware thereof;
    (3) If the person solemnizing the marriage was not legally authorized to perform marriages, and that fact was known to one of the contracting parties, but he or she concealed it from the other;
    (4) If a bigamous or polygamous marriage was celebrated, and the impediment was concealed from the plaintiff by the party disqualified;
    (5) If in an incestuous marriage, or a marriage between a stepbrother and a stepsister or other marriage prohibited by article 82, the relationship was known to only one of the contracting parties but was not disclosed to the other;
    (6) If one party was insane and the other was aware thereof at the time of the marriage. (n)



CHAPTER 4AUTHORITY TO SOLEMNIZE MARRIAGES
Art. 92. Every priest, or minister, or rabbi authorized by his denomination, church, sect, or religion to solemnize marriage shall send to the proper government office a sworn statement setting forth his full name and domicile, and that he is authorized by his denomination, church, sect, or religion to solemnize marriage, attaching to said statement a certified copy of his appointment. The director of the proper government office, upon receiving such sworn statement containing the information required, and being satisfied that the denomination, church, sect, or region of the applicant operates in the Philippines, shall record the name of such priest or minister in a suitable register and issue to him an authorization to solemnize marriage. Said priest or minister or rabbi shall be obliged to exhibit his authorization to the contracting parties, to their parents, grandparents, guardians, or persons in charge demanding the same. No priest or minister not having the required authorization may solemnize marriage. (34a)

Art. 93. Freedom of religion shall be observed by public officials in the issuance of authorization to solemnize marriages. Consequently, no public official shall attempt to inquire into the truth or validity of any religious doctrine held by the applicant or by his church. (n)
Art. 94. The public official in charge of registration of priests and ministers shall cancel the authorization issued to a bishop, head, priest, rabbi, pastor or minister of the gospel of any denomination, church, sect, or religion, on his own initiative or at the request of any interested party, upon showing that the church, sect or religion whose ministers have been authorized to solemnize marriage is no longer in operation. The cancellation of the authorization granted to a priest, pastor or minister shall likewise be ordered upon the request of the bishop, head, or lawful authorities of the denomination, church, sect or religion to which he belongs. (35a)
Art. 95. The public official in charge of registration of priests and ministers, with the approval of the proper head of Department, is hereby authorized to prepare the necessary forms and to promulgate regulations for the purpose of enforcing the provisions of this Title. Said official may also by regulations fix and collect fees for the authorization of priests and ministers to solemnize marriages. (36a)
Art. 96. The existing laws which punish acts or omissions concerning the marriage license, solemnization of marriage, authority to solemnize marriages, and other acts or omissions relative to the celebration of marriage shall remain and continue to be in force. (n)
 



Title IV. – LEGAL SEPARATION
Art. 97. A petition for legal separation may be filed:

    (1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code; or

    (2) An attempt by one spouse against the life of the other. (n)
Art. 98. In every case the court must take steps, before granting the legal separation, toward the reconciliation of the spouses, and must be fully satisfied that such reconciliation is highly improbable. (n)
Art. 99. No person shall be entitled to a legal separation who has not resided in the Philippines for one year prior to the filing of the petition, unless the cause for the legal separation has taken place within the territory of this Republic. (Sec. 2a, Act No. 2710)
Art. 100. The legal separation may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adultery or concubinage. Where both spouses are offenders, a legal separation cannot be claimed by either of them. Collusion between the parties to obtain legal separation shall cause the dismissal of the petition. (3a, Act No. 2710)
Art. 101. No decree of legal separation shall be promulgated upon a stipulation of facts or by confession of judgment.
In case of non-appearance of the defendant, the court shall order the prosecuting attorney to inquire whether or not a collusion between the parties exists. If there is no collusion, the prosecuting attorney shall intervene for the State in order to take care that the evidence for the plaintiff is not fabricated. (n)
Art. 102. An action for legal separation cannot be filed except within one year from and after the date on which the plaintiff became cognizant of the cause and within five years from and after the date when such cause occurred. (4a, Act 2710)
Art. 103. An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition. (5a, Act 2710)
Art. 104. After the filing of the petition for legal separation, the spouses shall be entitled to live separately from each other and manage their respective property.
The husband shall continue to manage the conjugal partnership property but if the court deems it proper, it may appoint another to manage said property, in which case the administrator shall have the same rights and duties as a guardian and shall not be allowed to dispose of the income or of the capital except in accordance with the orders of the court. (6, Act 2710)
Art. 105. During the pendency of legal separation proceedings the court shall make provision for the care of the minor children in accordance with the circumstances and may order the conjugal partnership property or the income therefrom to be set aside for their support; and in default thereof said minor children shall be cared for in conformity with the provisions of this Code; but the Court shall abstain from making any order in this respect in case the parents have by mutual agreement, made provision for the care of said minor children and these are, in the judgment of the court, well cared for. (7a, Act 2710)
Art. 106. The decree of legal separation shall have the following effects:
    (1) The spouses shall be entitled to live separately from each other, but marriage bonds shall not be severed;

    (2) The conjugal partnership of gains or the absolute conjugal community of property shall be dissolved and liquidated, but the offending spouse shall have no right to any share of the profits earned by the partnership or community, without prejudice to the provisions of Article 176;
    (3) The custody of the minor children shall be awarded to the innocent spouse, unless otherwise directed by the court in the interest of said minors, for whom said court may appoint a guardian;
    (4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent one shall be revoked by operation of law. (n)
Art. 107. The innocent spouse, after a decree of legal separation has been granted, may revoke the donations by reason of marriage made by him or by her to the offending spouse. Alienation and mortgages made before the notation of the complaint for revocation in the Registry of Property shall be valid.
This action lapses after four years following the date the decree became final. (n)
Art. 108. Reconciliation stops the proceedings for legal separation and rescinds the decree of legal separation already rendered.
The revival of the conjugal partnership of gains or of the absolute conjugal community of property shall be governed by Article 195. (10a. Act 2710)
 



Title V. – RIGHTS AND OBLIGATIONSBETWEEN HUSBAND AND WIFE
Art. 109. The husband and wife are obliged to live together, observe mutual respect and fidelity, and render mutual help and support. (56a)

Art. 110. The husband shall fix the residence of the family. But the court may exempt the wife from living with the husband if he should live abroad unless in the service of the Republic. (58a)
Art. 111. The husband is responsible for the support of the wife and the rest of the family. These expenses shall be met first from the conjugal property, then from the husband’s capital, and lastly from the wife’s paraphernal property. In case there is a separation of property, by stipulation in the marriage settlements, the husband and wife shall contribute proportionately to the family expenses. (n)
Art. 112. The husband is the administrator of the conjugal property, unless there is a stipulation in the marriage settlements conferring the administration upon the wife. She may also administer the conjugal partnership in other cases specified in this Code. (n)
Art. 113. The husband must be joined in all suits by or against the wife, except:
    (1) When they are judicially separated;

    (2) If they have in fact been separated for at least one year;
    (3) When there is a separation of property agreed upon in the marriage settlements;
    (4) If the administration of all the property in the marriage has been transferred to her, in accordance with Articles 196 and 197;
    (5) When the litigation is between the husband and wife;
    (6) If the suit concerns her paraphernal property;
    (7) When the action is upon the civil liability arising from a criminal offense;
    (8) If the litigation is incidental to the profession, occupation or business in which she is engaged;
    (9) In any civil action referred to in Articles 25 to 35; and
    (10) In an action upon a quasi-delict.
    In the cases mentioned in Nos. 7 to 10, the husband must be joined as a party defendant if the third paragraph of Article 163 is applicable. (n)
Art. 114. The wife cannot, without the husband’s consent acquire any property by gratuitous title, except from her ascendants, descendants, parents-in-law, and collateral relatives within the fourth degree. (n)
Art. 115. The wife manages the affairs of the household. She may purchase things necessary for the support of the family, and the conjugal partnership shall be bound thereby. She may borrow money for this purpose, if the husband fails to deliver the proper sum. The purchase of jewelry and precious objects is voidable, unless the transaction has been expressly or tacitly approved by the husband, or unless the price paid is from her paraphernal property. (62a)
Art. 116. When one of the spouses neglects his or her duties to the conjugal union or brings danger, dishonor or material injury upon the other, the injured party may apply to the court for relief.
The court may counsel the offender to comply with his or her duties, and take such measures as may be proper. (n)
Art. 117. The wife may exercise any profession or occupation or engage in business. However, the husband may object, provided:
    (1) His income is sufficient for the family, according to its social standing, and

    (2) His opposition is founded on serious and valid grounds.
In case of disagreement on this question, the parents and grandparents as well as the family council, if any, shall be consulted. If no agreement is still arrived at, the court will decide whatever may be proper and in the best interest of the family. (n)
 


Title VI. – PROPERTY RELATIONSBETWEEN HUSBAND AND WIFE CHAPTER 1GENERAL PROVISIONS
Art. 118. The property relations between husband and wife shall be governed in the following order:

    (1) By contract executed before the marriage;

    (2) By the provisions of this Code; and
    (3) By custom. (1315a)
Art. 119. The future spouses may in the marriage settlements agree upon absolute or relative community of property, or upon complete separation of property, or upon any other regime. In the absence of marriage settlements, or when the same are void, the system of relative community or conjugal partnership of gains as established in this Code, shall govern the property relations between husband and wife. (n)
Art. 120. A minor who according to law may contract marriage, may also execute his or her marriage settlements; but they shall be valid only if the persons designated by law to give consent to the marriage of the minor take part in the ante-nuptial agreement. In the absence of the parents or of a guardian, the consent to the marriage settlements will be given by the family council. (1318a)
Art. 121. In order that any modification in the marriage settlements may be valid, it must be made before the celebration of the marriage, subject to the provisions of Article 191. (1319a)
Art. 122. The marriage settlements and any modification thereof shall be governed by the Statute of Frauds, and executed before the celebration of the marriage. They shall not prejudice third persons unless they are recorded in the Registry of Property. (1321a)
Art. 123. For the validity of marriage settlements executed by any person upon whom a sentence of civil interdiction has been pronounced, the presence and participation of the guardian shall be indispensable, who for this purpose shall be designated by a competent court, in accordance with the provisions of the Rules of Court. (1323a)
Art. 124. If the marriage is between a citizen of the Philippines and a foreigner, whether celebrated in the Philippines or abroad, the following rules shall prevail:
    (1) If the husband is a citizen of the Philippines while the wife is a foreigner, the provisions of this Code shall govern their relations;

    (2) If the husband is a foreigner and the wife is a citizen of the Philippines, the laws of the husband’s country shall be followed, without prejudice to the provisions of this Code with regard to immovable property. (1325a)
Art. 125. Everything stipulated in the settlements or contracts referred to in the preceding articles in consideration of a future marriage shall be rendered void and without effect whatever, if the marriage should not take place. However, those stipulations that do not depend upon the celebration of the marriage shall be valid. (1326a)
 


CHAPTER 2DONATIONS BY REASON OF MARRIAGE
Art. 126. Donations by reasons of marriage are those which are made before its celebration, in consideration of the same and in favor of one or both of the future spouses. (1327)

Art. 127. These donations are governed by the rules on ordinary donations established in Title III of Book III, except as to their form which shall be regulated by the Statute of Frauds; and insofar as they are not modified by the following articles. (1328a)
Art. 128. Minors may make and receive donations in their ante-nuptial contract, provided they are authorized by the persons who are to give their consent to the marriage of said minors. (1329a)
Art. 129. Express acceptance is not necessary for the validity of these donations. (1330)
Art. 130. The future spouses may give each other in their marriage settlements as much as one-fifth of their present property, and with respect to their future property, only in the event of death, to the extent laid down by the provisions of this Code referring to testamentary succession. (1331a)
Art. 131. The donor by reason of marriage shall release the property donated from mortgages and all other encumbrances upon the same, with the exception of easements, unless in the marriage settlements or in the contracts the contrary has been stipulated. (1332a)
Art. 132. A donation by reason of marriage is not revocable, save in the following cases:
    (1) If it is conditional and the condition is not complied with;

    (2) If the marriage is not celebrated;
    (3) When the marriage takes place without the consent of the parents or guardian, as required by law;
    (4) When the marriage is annulled, and the donee acted in bad faith;
    (5) Upon legal separation, the donee being the guilty spouse;
    (6) When the donee has committed an act of ingratitude as specified by the provisions of this Code on donations in general. (1333a)
Art. 133. Every donation between the spouses during the marriage shall be void. This prohibition does not apply when the donation takes effect after the death of the donor.
Neither does this prohibition apply to moderate gifts which the spouses may give each other on the occasion of any family rejoicing. (1334a)
Art. 134. Donations during the marriage by one of the spouses to the children whom the other spouse had by another marriage, or to persons of whom the other spouse is a presumptive heir at the time of the donation are voidable, at the instance of the donor’s heirs after his death. (1335a)
 



CHAPTER 3PARAPHERNAL PROPERTY
Art. 135. All property brought by the wife to the marriage, as well as all property she acquires during the marriage, in accordance with article 148, is paraphernal. (1381a)

Art. 136. The wife retains the ownership of the paraphernal property. (1382)
Art. 137. The wife shall have the administration of the paraphernal property, unless she delivers the same to the husband by means of a public instrument empowering him to administer it.
In this case, the public instrument shall be recorded in the Registry of Property. As for the movables, the husband shall give adequate security.(1384a)
Art. 138. The fruits of the paraphernal property form part of the assets of the conjugal partnership, and shall be subject to the payment of the expenses of the marriage.
The property itself shall also be subject to the daily expenses of the family, if the property of the conjugal partnership and the husband’s capital are not sufficient therefor. (1385a)
Art. 139. The personal obligations of the husband can not be enforced against the fruits of the paraphernal property, unless it be proved that they redounded to the benefit of the family. (1386)
Art. 140. A married woman of age may mortgage, encumber, alienate or otherwise dispose of her paraphernal property, without the permission of the husband, and appear alone in court to litigate with regard to the same. (n)
Art. 141. The alienation of any paraphernal property administered by the husband gives a right to the wife to require the constitution of a mortgage or any other security for the amount of the price which the husband may have received. (1390a)
 



CHAPTER 4CONJUGAL PARTNERSHIP OF GAINS SECTION 1. – General Provisions
Art. 142. By means of the conjugal partnership of gains the husband and wife place in a common fund the fruits of their separate property and the income from their work or industry, and divide equally, upon the dissolution of the marriage or of the partnership, the net gains or benefits obtained indiscriminately by either spouse during the marriage. (1392a)

Art. 143. All property of the conjugal partnership of gains is owned in common by the husband and wife. (n)
Art. 144. When a man and a woman live together as husband and wife, but they are not married, or their marriage is void from the beginning, the property acquired by either or both of them through their work or industry or their wages and salaries shall be governed by the rules on co-ownership. (n)
Art. 145. The conjugal partnership shall commence precisely on the date of the celebration of the marriage. Any stipulation to the contrary shall be void.(1393)
Art. 146. Waiver of the gains or of the effects of this partnership during marriage cannot be made except in case of judicial separation.
When the waiver takes place by reason of separation, or after the marriage has been dissolved or annulled, the same shall appear in a public instrument, and the creditors shall have the right which Article 1052 grants them. (1394a)
Art. 147. The conjugal partnership shall be governed by the rules on the contract of partnership in all that is not in conflict with what is expressly determined in this Chapter. (1395)
 



SECTION 2. – Exclusive Property of Each Spouse
Art. 148. The following shall be the exclusive property of each spouse:

    (1) That which is brought to the marriage as his or her own;

    (2) That which each acquires, during the marriage, by lucrative title;
    (3) That which is acquired by right of redemption or by exchange with other property belonging to only one of the spouses;
    (4) That which is purchased with exclusive money of the wife or of the husband. (1396)
Art. 149. Whoever gives or promises capital to the husband shall not be subject to warranty against eviction, except in case of fraud. (1937)
Art. 150. Property donated or left by will to the spouses, jointly and with designation of determinate shares, shall pertain to the wife as paraphernal property, and to the husband as capital, in the proportion specified by the donor or testator, and in the absence of designation, share and share alike, without prejudice to what is provided in Article 753. (1398a)
Art. 151. If the donations are onerous, the amount of the charges shall be deducted from the paraphernal property or from the husband’s capital, whenever they have been borne by the conjugal partnership. (1399a)
Art. 152. If some credit payable in a certain number of years, or a life pension, should pertain to one of the spouses, the provisions of Articles 156 and 157 shall be observed to determine what constitutes the paraphernal property and what forms the capital of the husband. (1400a)
 



SECTION 3. – Conjugal Partnership Property
Art. 153. The following are conjugal partnership property:

    (1) That which is acquired by onerous title during the marriage at the expense of the common fund, whether the acquisition be for the partnership, or for only one of the spouses;

    (2) That which is obtained by the industry, or work, or as salary of the spouses, or of either of them;
    (3) The fruits, rents or interests received or due during the marriage, coming from the common property or from the exclusive property of each spouse. (1401)
Art. 154. That share of the hidden treasure which the law awards to the finder or the proprietor belongs to the conjugal partnership. (n)
Art. 155. Things acquired by occupation, such as fishing and hunting, pertain to the conjugal partnership of gains. (n)
Art. 156. Whenever an amount or credit payable in a certain number of years belongs to one of the spouses, the sums which may be collected by installments due during the marriage shall not pertain to the conjugal partnership, but shall be considered capital of the husband or of the wife, as the credit may belong to one or the other spouse. (1402)
Art. 157. The right to an annuity, whether perpetual or of life, and the right of usufruct, belonging to one of the spouses shall form a part of his or her separate property, but the fruits, pensions and interests due during the marriage shall belong to the partnership.
The usufruct which the spouses have over the property of their children, though of another marriage, shall be included in this provision. (1403a)
Art. 158. Improvements, whether for utility or adornment, made on the separate property of the spouses through advancements from the partnership or through the industry of either the husband or the wife, belong to the conjugal partnership.
Buildings constructed, at the expense of the partnership, during the marriage on land belonging to one of the spouses, also pertain to the partnership, but the value of the land shall be reimbursed to the spouse who owns the same.(1404a)
Art. 159. Whenever the paraphernal property or the husband’s capital consists, in whole or in part, of livestock existing upon the dissolution of the partnership, the number of animals exceeding that brought to the marriage shall be deemed to be of the conjugal partnership. (1405a)
Art. 160. All property of the marriage is presumed to belong to the conjugal partnership, unless it be proved that it pertains exclusively to the husband or to the wife. (1407)
 



SECTION 4. – Charges Upon and Obligationof the Conjugal Partnership
Art. 161. The conjugal partnership shall be liable for:

    (1) All debts and obligations contracted by the husband for the benefit of the conjugal partnership, and those contracted by the wife, also for the same purpose, in the cases where she may legally bind the partnership;

    (2) Arrears or income due, during the marriage, from obligations which constitute a charge upon property of either spouse or of the partnership;
    (3) Minor repairs or for mere preservation made during the marriage upon the separate property of either the husband or the wife; major repairs shall not be charged to the partnership;
    (4) Major or minor repairs upon the conjugal partnership property;
    (5) The maintenance of the family and the education of the children of both husband and wife, and of legitimate children of one of the spouses;
    (6) Expenses to permit the spouses to complete a professional, vocational or other course. (1408a)
Art. 162. The value of what is donated or promised to the common children by the husband, only for securing their future or the finishing of a career, or by both spouses through a common agreement, shall also be charged to the conjugal partnership, when they have not stipulated that it is to be satisfied from the property of one of them, in whole or in part. (1409)
Art. 163. The payment of debts contracted by the husband or the wife before the marriage shall not be charged to the conjugal partnership.
Neither shall the fines and pecuniary indemnities imposed upon them be charged to the partnership.
However, the payment of debts contracted by the husband or the wife before the marriage, and that of fines and indemnities imposed upon them, may be enforced against the partnership assets after the responsibilities enumerated in Article 161 have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient; but at the time of the liquidation of the partnership such spouse shall be charged for what has been paid for the purpose above-mentioned. (1410)
Art. 164. Whatever may be lost during the marriage in any kind of gambling, betting or game, whether permitted or prohibited by law, shall be borne by the loser, and shall not be charged to the conjugal partnership. (1411a)
 



SECTION 5. – Administration of the Conjugal Partnership
Art. 165. The husband is the administrator of the conjugal partnership.(1412a)

Art. 166. Unless the wife has been declared a non compos mentis or a spendthrift, or is under civil interdiction or is confined in a leprosarium, the husband cannot alienate or encumber any real property of the conjugal partnership without the wife’s consent. If she refuses unreasonably to give her consent, the court may compel her to grant the same.
This article shall not apply to property acquired by the conjugal partnership before the effective date of this Code. (1413a)
Art. 167. In case of abuse of powers of administration of the conjugal partnership property by the husband, the courts, on petition of the wife, may provide for receivership, or administration by the wife, or separation of property. (n)
Art. 168. The wife may, by express authority of the husband embodied in a public instrument, administer the conjugal partnership property. (n)
Art. 169. The wife may also by express authority of the husband appearing in a public instrument, administer the latter’s estate. (n)
Art. 170. The husband or the wife may dispose by will of his or her half of the conjugal partnership profits. (1414a)
Art. 171. The husband may dispose of the conjugal partnership property for the purposes specified in Articles 161 and 162. (1415a)
Art. 172. The wife cannot bind the conjugal partnership without the husband’s consent except in cases provided by law. (1416a)
Art. 173. The wife may, during the marriage, and within ten years from the transaction questioned, ask the courts for the annulment of any contract of the husband entered into without her consent, when such consent is required, or any act or contract of the husband which tends to defraud her or impair her interest in the conjugal partnership property. Should the wife fail to exercise this right, she or her heirs, after the dissolution of the marriage, may demand the value of property fraudulently alienated by the husband. (n)
Art. 174. With the exception of moderate donations for charity, neither husband nor wife can donate any property of the conjugal partnership without the consent of the other. (n)
 



SECTION 6. – Dissolution of the Conjugal Partnership
Art. 175. The conjugal partnership of gains terminates:

    (1) Upon the death of either spouse;

    (2) When there is a decree of legal separation;
    (3) When the marriage is annulled;
    (4) In case of judicial separation of property under Article 191. (1417a)
Art. 176. In case of legal separation, the guilty spouse shall forfeit his or her share of the conjugal partnership profits, which shall be awarded to the children of both, and the children of the guilty spouse had by a prior marriage. However, if the conjugal partnership property came mostly or entirely from the work or industry, or from the wages and salaries, or from the fruits of the separate property of the guilty spouse, this forfeiture shall not apply.
In case there are no children, the innocent spouse shall be entitled to all the net profits. (n)
Art. 177. In case of annulment of the marriage, the spouse who acted in bad faith or gave cause for annulment shall forfeit his or her share of the conjugal partnership profits. The provision of the preceding article shall govern. (n)
Art. 178. The separation in fact between husband and wife without judicial approval, shall not affect the conjugal partnership, except that:
    (1) The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not have a right to be supported;

    (2) When the consent of one spouse to any transaction of the other is required by law, judicial authorization shall be necessary;
    (3) If the husband has abandoned the wife without just cause for at least one year, she may petition the court for a receivership, or administration by her of the conjugal partnership property, or separation of property. (n)



SECTION 7. – Liquidation of the Conjugal Partnership
Art. 179. Upon the dissolution of the conjugal partnership, an inventory shall be formed, but such inventory shall not be necessary:

    (1) If, after the dissolution of the partnership, one of the spouses should have renounced its effects and consequences in due time; or

    (2) When separation of property has preceded the dissolution of the partnership. (1418a)
Art. 180. The bed and bedding which the spouses ordinarily use shall not be included in the inventory. These effects, as well as the clothing for their ordinary use, shall be delivered to the surviving spouse. (1420)
Art. 181. The inventory having been completed, the paraphernal property shall first be paid. Then, the debts and charges against the conjugal partnership shall be paid. (1422a)
Art. 182. The debts, charges and obligations of the conjugal partnership having been paid; the capital of the husband shall be liquidated and paid to the amount of the property inventoried. (1423a)
Art. 183. The deductions from the inventoried property having been made as provided in the two preceding articles, the remainder of said property shall constitute the credit of the conjugal partnership. (1424)
Art. 184. The loss or deterioration of the movables belonging to either spouse, although through fortuitous event, shall be paid from the conjugal partnership of gains, should there be any.
Those suffered by real property shall not be reimbursable in any case, except those on paraphernal property administered by the husband, when the losses were due to his fault. He shall pay for the same. (1425a)
Art. 185. The net remainder of the conjugal partnership of gains shall be divided equally between the husband and the wife or their respective heirs, unless a different basis of division was agreed upon in the marriage settlements. (1426a)
Art. 186. The mourning apparel of the widow shall be paid for out of the estate of the deceased husband. (1427a)
Art. 187. With regard to the formation of the inventory, rules for appraisal and sale of property of the conjugal partnership, and other matters which are not expressly determined in the present Chapter, the Rules of Court on the administration of estates of deceased persons shall be observed. (1428a)
Art. 188. From the common mass of property support shall be given to the surviving spouse and to the children during the liquidation of the inventoried property and until what belongs to them is delivered; but from this shall be deducted that amount received for support which exceeds the fruits or rents pertaining to them. (1430)
Art. 189. Whenever the liquidation of the partnership of two or more marriages contracted by the same person should be carried out at the same time, in order to determine the capital of each partnership all kinds of proof in the absence of inventories shall be admitted; and in case of doubt, the partnership property shall be divided between the different partnerships in proportion to the duration of each and to the property belonging to the respective spouses. (1431)
 



CHAPTER 5SEPARATION OF PROPERTY OF THE SPOUSESAND ADMINISTRATION OF PROPERTYBY THE WIFE DURING THE MARRIAGE
Art. 190. In the absence of an express declaration in the marriage settlements, the separation of property between spouses during the marriage shall not take place save in virtue of a judicial order. (1432a)

Art. 191. The husband or the wife may ask for the separation of property, and it shall be decreed when the spouse of the petitioner has been sentenced to a penalty which carries with it civil interdiction, or has been declared absent, or when legal separation has been granted.
In case of abuse of powers of administration of the conjugal partnership property by the husband, or in case of abandonment by the husband, separation of property may also be ordered by the court, according to the provisions of Articles 167 and 178, No. 3.
In all these cases, it is sufficient to present the final judgment which has been entered against the guilty or absent spouse. (1433a)
The husband and the wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. All the creditors of the husband and of the wife, as well as of the conjugal partnership shall be notified of any petition for judicial approval or the voluntary dissolution of the conjugal partnership, so that any such creditors may appear at the hearing to safeguard his interests. Upon approval of the petition for dissolution of the conjugal partnership, the court shall take such measures as may protect the creditors and other third persons.
After dissolution of the conjugal partnership, the provisions of Articles 214 and 215 shall apply. The provisions of this Code concerning the effect of partition stated in Articles 498 to 501 shall be applicable. (1433a)
Art. 192. Once the separation of property has been ordered, the conjugal partnership shall be dissolved, and its liquidation shall be made in conformity with what has been established by this Code.
However, without prejudice to the provisions of Article 292, the husband and the wife shall be reciprocally liable for their support during the separation, and for the support and education of their children; all in proportion to their respective property.
The share of the spouse who is under civil interdiction or absent shall be administered in accordance with the Rules of Court. (1434a)
Art. 193. The complaint for separation and the final judgment declaring the same, shall be noted and recorded in the proper registers of property, if the judgment should refer to immovable property. (1437)
Art. 194. The separation of property shall not prejudice the rights previously acquired by creditors. (1438)
Art. 195. The separation of property ceases:
    (1) Upon reconciliation of the spouses, in case of legal separation;

    (2) When the civil interdiction terminates;
    (3) When the absent spouse appears;
    (4) When the court, at the instance of the wife, authorizes the husband to resume the administration of the conjugal partnership, the court being satisfied that the husband will not again abuse his powers as an administrator;
    (5) When the husband, who has abandoned the wife, rejoins her.
In the above cases, the property relations between the spouses shall be governed by the same rules as before the separation, without prejudice to the acts and contracts legally executed during the separation.
The spouses shall state, in a public document, all the property which they return to the marriage and which shall constitute the separate property of each.
This public document shall be recorded in the Registry of Property.
In the cases referred to in this article, all the property brought in shall be deemed to be newly contributed, even though all or some may be the same which existed before the liquidation effected by reason of the separation.(1439a)
Art. 196. With the conjugal partnership subsisting, the administration of all classes of property in the marriage may be transferred by the courts to the wife:
    (1) When she becomes the guardian of her husband;

    (2) When she asks for the declaration of his absence;
    (3) In case of civil interdiction of the husband.
The courts may also confer the administration to the wife, with such limitation as they may deem advisable, if the husband should become a fugitive from justice or be in hiding as a defendant in a criminal case, or if, being absolutely unable to administer, he should have failed to provide for administration. (1441a)
Art. 197. The wife to whom the administration of all the property of the marriage is transferred shall have, with respect to said property, the same powers and responsibility which the husband has when he is the administrator, but always subject to the provisions of the last paragraph of the preceding article. (1442a)
 



CHAPTER 6SYSTEM OF ABSOLUTE COMMUNITY (n)
Art. 198. In case the future spouses agree in the marriage settlements that the system of absolute community shall govern their property relations during marriage, the following provisions shall be of supplementary application.

Art. 199. In the absence of stipulation to the contrary, the community shall consist of all present and future property of the spouses not excepted by law.
Art. 200. Neither spouse may renounce any inheritance without the consent of the other. In case of conflict, the court shall decide the question, after consulting the family council, if there is any.
Art. 201. The following shall be excluded from the community:
    (1) Property acquired by gratuitous title by either spouse, when it is provided by the donor or testator that it shall not become a part of the community;

    (2) Property inherited by either husband or wife through the death of a child by a former marriage, there being brothers or sisters of the full blood of the deceased child;
    (3) A portion of the property of either spouse equivalent to the presumptive legitime of the children by a former marriage;
    (4) Personal belongings of either spouse.
However, all the fruits and income of the foregoing classes of property shall be included in the community.
Art. 202. Ante-nuptial debts of either spouse shall not be paid from the community, unless the same have redounded to the benefit of the family.
Art. 203. Debts contracted by both spouses or by one of them with the consent of the other shall be paid from the community. If the common property is insufficient to cover common debts, the same may be enforced against the separate property of the spouses, who shall be equally liable.
Art. 204. Debts contracted by either spouse without the consent of the other shall be chargeable against the community to the extent that the family may have been benefited thereby.
Art. 205. Indemnities that must be paid by either spouse on account of a crime or of a quasi-delict shall be paid from the common assets, without any obligation to make reimbursement.
Art. 206. The ownership, administration, possession and enjoyment of the common property belong to both spouses jointly. In case of disagreement, the courts shall settle the difficulty.
Art. 207. Neither spouse may alienate or encumber any common property without the consent of the other. In case of unjustifiable refusal by the other spouse, the courts may grant the necessary consent.
Art. 208. The absolute community of property shall be dissolved on any of the grounds specified in Article 175.
Art. 209. When there is a separation in fact between husband and wife, without judicial approval, the provisions of Article 178 shall apply.
Art. 210. Upon the dissolution and liquidation of the community, the net assets shall be divided equally between the husband and the wife or their heirs. In case of legal separation or annulment of marriage, the provisions of Articles 176 and 177 shall apply to the net profits acquired during the marriage.
Art. 211. Liquidation of the absolute community shall be governed by the Rules of Court on the administration of the estate of deceased persons.
 



CHAPTER 7SYSTEM OF COMPLETE SEPARATION OF PROPERTY (n)
Art. 212. Should the future spouses agree in the marriage settlements that their property relations during marriage shall be based upon the system of complete separation of property, the following provisions shall supplement the marriage settlements.

Art. 213. Separation of property may refer to present or future property or both. It may be total or partial. In the latter case, the property not agreed upon as separate shall pertain to the conjugal partnership of gains.
Art. 214. Each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without the consent of the other. All earnings from any profession, business or industry shall likewise belong to each spouse.
Art. 215. Each spouse shall proportionately bear the family expenses.
 



Title VII. – THE FAMILY (n) CHAPTER 1THE FAMILY AS AN INSTITUTION
Art. 216. The family is a basic social institution which public policy cherishes and protects.

Art. 217. Family relations shall include those:
    (1) Between husband and wife;

    (2) Between parent and child;
    (3) Among other ascendants and their descendants;
    (4) Among brothers and sisters.
Art. 218. The law governs family relations. No custom, practice or agreement which is destructive of the family shall be recognized or given any effect.
Art. 219. Mutual aid, both moral and material, shall be rendered among members of the same family. Judicial and administrative officials shall foster this mutual assistance.
Art. 220. In case of doubt, all presumptions favor the solidarity of the family. Thus, every intendment of law or facts leans toward the validity of marriage, the indissolubility of the marriage bonds, the legitimacy of children, the community of property during marriage, the authority of parents over their children, and the validity of defense for any member of the family in case of unlawful aggression.
Art. 221. The following shall be void and of no effect:
    (1) Any contract for personal separation between husband and wife;

    (2) Every extra-judicial agreement, during marriage, for the dissolution of the conjugal partnership of gains or of the absolute community of property between husband and wife;
    (3) Every collusion to obtain a decree of legal separation, or of annulment of marriage;
    (4) Any simulated alienation of property with intent to deprive the compulsory heirs of their legitime.
Art. 222. No suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts toward a compromise have been made, but that the same have failed, subject to the limitations in Article 2035.
 


CHAPTER 2THE FAMILY HOME (n) SECTION 1. – General Provisions
Art. 223. The family home is the dwelling house where a person and his family reside, and the land on which it is situated. If constituted as herein provided, the family home shall be exempt from execution, forced sale or attachment, except as provided in Articles 232 and 243.

Art. 224. The family home may be established judicially or extrajudicially.
 



SECTION 2. – Judicial Constitution of the Family Home
Art. 225. The family home may be constituted by a verified petition to the Court of First Instance by the owner of the property, and by approval thereof by the court.

Art. 226. The following shall be beneficiaries of the family home:
    (1) The person establishing the same;

    (2) His or her spouse;
    (3) His or her parents, ascendants, descendants, brothers and sisters, whether the relationship be legitimate or otherwise, who are living in the family home and who depend upon him for support.
Art. 227. The family home may also be set up by an unmarried person who is the head of a family or household.
Art. 228. If the petitioner is married, the family home may be selected from the conjugal partnership or community property, or from the separate property of the husband, or, with the consent of the wife, from her paraphernal property.
Art. 229. The petition shall contain the following particulars:
    (1) Description of the property;

    (2) An estimate of its actual value;
    (3) A statement that the petitioner is actually residing in the premises;
    (4) The encumbrances thereon;
    (5) The names and addresses of all the creditors of the petitioner and of all mortgagees and other persons who have an interest in the property;
    (6) The names of the other beneficiaries specified in Article 226.
Art. 230. Creditors, mortgagees and all other persons who have an interest in the estate shall be notified of the petition, and given an opportunity to present their objections thereto. The petition shall, moreover, be published once a week for three consecutive weeks in a newspaper of general circulation.
Art. 231. If the court finds that the actual value of the proposed family home does not exceed twenty thousand pesos, or thirty thousand pesos in chartered cities, and that no third person is prejudiced, the petition shall be approved. Should any creditor whose claim is unsecured, oppose the establishment of the family home, the court shall grant the petition if the debtor gives sufficient security for the debt.
Art. 232. The family home, after its creation by virtue of judicial approval, shall be exempt from execution, forced sale, or attachment, except:
    (1) For nonpayment of taxes; or

    (2) In satisfaction of a judgment on a debt secured by a mortgage constituted on the immovable before or after the establishment of the family home.
In case of insolvency of the person constituting the family home, the property shall not be considered one of the assets to be taken possession of by the assignee for the benefit of creditors.
Art. 233. The order of the court approving the establishment of the family home shall be recorded in the Registry of Property.
Art. 234. When there is danger that a person obliged to give support may lose his or her fortune because of grave mismanagement or on account of riotous living, his or her spouse, if any, and a majority of those entitled to be supported by him or by her may petition the Court of First Instance for the creation of the family home.
Art. 235. The family home may be sold, alienated or encumbered by the person who has constituted the same, with the consent of his or her spouse, and with the approval of the court. However, the family home shall under no circumstances be donated as long as there are beneficiaries. In case of sale, the price or such portion thereof as may be determined by the court shall be used in acquiring property which shall be formed into a new family home. Any sum of money obtained through an encumbrance on the family home shall be used in the interest of the beneficiaries. The court shall take measures to implement the last two provisions.
Art. 236. The family home may be dissolved upon the petition of the person who has constituted the same, with the written consent of his or her spouse and of at least one half of all the other beneficiaries who are eighteen years of age or over. The court may grant the petition if it is satisfactorily shown that the best interest of the family requires the dissolution of the family home.
Art. 237. In case of legal separation or annulment of marriage, the family home shall be dissolved, and the property shall cease to be exempt from execution, forced sale or attachment.
Art. 238. Upon the death of the person who has set up the family home, the same shall continue, unless he desired otherwise in his will. The heirs cannot ask for its partition during the first ten years following the death of the person constituting the same, unless the court finds powerful reasons therefor.
Art. 239. The family home shall not be subject to payment of the debts of the deceased, unless in his will the contrary is stated. However, the claims mentioned in Article 232 shall not be adversely affected by the death of the person who has established the family home.
 



SECTION 3. – Extra-judicial Creation of the Family Home
Art. 240. The family home may be extrajudicially constituted by recording in the Registry of Property a public instrument wherein a person declares that he thereby establishes a family home out of a dwelling place with the land on which it is situated.

Art. 241. The declaration setting up the family home shall be under oath and shall contain:
    (1) A statement that the claimant is the owner of, and is actually residing in the premises;

    (2) A description of the property;
    (3) An estimate of its actual value; and
    (4) The names of the claimant’s spouse and the other beneficiaries mentioned in Article 226.
Art. 242. The recording in the Registry of Property of the declaration referred to in the two preceding articles is the operative act which creates the family home.
Art. 243. The family home extrajudicially formed shall be exempt from execution, forced sale or attachment, except:
    (1) For nonpayment of taxes;

    (2) For debts incurred before the declaration was recorded in the Registry of Property;
    (3) For debts secured by mortgages on the premises before or after such record of the declaration;
    (4) For debts due to laborers, mechanics, architects, builders, material-men and others who have rendered service or furnished material for the prosecution of the building.
Art. 244. The provisions of Articles 226 to 228 and 235 to 238 are likewise applicable to family homes extrajudicially established.
Art. 245. Upon the death of the person who has extrajudicially constituted the family home, the property shall not be liable for his debts other than those mentioned in Article 243. However, he may provide in his will that the family home shall be subject to payment of debts not specified in Article 243.
Art. 246. No declaration for the extrajudicial establishment of the family home shall be recorded in the Registry of Property if the estimated actual value of the building and the land exceeds the amount stated in Article 231.
Art. 247. When a creditor whose claim is not mentioned in Article 243 obtains a judgment in his favor, and he has reasonable grounds to believe that the family home of the judgment debtor is worth more than the amount mentioned in Article 231, he may apply to the Court of First Instance for an order directing the sale of the property under execution.
Art. 248. The hearing on the petition, appraisal of the value of the family home, the sale under execution and other matters relative to the proceedings shall be governed by such provisions in the Rules of Court as the Supreme Court shall promulgate on the subject, provided they are not inconsistent with this Code.
Art. 249. At the sale under execution referred to in the two preceding articles, no bid shall be considered unless it exceeds the amount specified in Article 231. The proceeds of the sale shall be applied in the following order:
    (1) To the amount mentioned in Article 231;

    (2) To the judgment and the costs.
The excess, if any, belongs to the person constituting the family home.
Art. 250. The amount mentioned in Article 231 thus received by the person who has established the family home, or as much thereof as the court may determine, shall be invested in constitution of a new family home. The court shall take measures to enforce this provision.
Art. 251. In case of insolvency of the person creating the family home, the claims specified in Article 243 may be satisfied notwithstanding the insolvency proceedings.
If the assignee has reasonable grounds to believe that the actual value of the family home exceeds the amount fixed in Article 231, he may take action under the provisions of Articles 247, 248 and 249.
 



CHAPTER 3THE FAMILY COUNCIL (n)
Art. 252. The Court of First Instance may, upon application of any member of the family, a relative, or a friend, appoint a family council, whose duty it shall be to advise the court, the spouses, the parents, guardians and the family on important family questions.

Art. 253. The family council shall be composed of five members, who shall be relatives of the parties concerned. But the court may appoint one or two friends of the family.
Art. 254. The family council shall elect its chairman, and shall meet at the call of the latter or upon order of the court.
 



Title VIII. – PATERNITY AND FILIATION CHAPTER 1LEGITIMATE CHILDREN
Art. 255. Children born after one hundred and eighty days following the celebration of the marriage, and before three hundred days following its dissolution or the separation of the spouses shall be presumed to be legitimate.

Against this presumption no evidence shall be admitted other than that of the physical impossibility of the husband’s having access to his wife within the first one hundred and twenty days of three hundred which preceded the birth of the child.
This physical impossibility may be caused:
    (1) By the impotence of the husband;

    (2) By the fact that the husband and wife were living separately, in such a way that access was not possible;
    (3) By the serious illness of the husband. (108a)
Art. 256. The child shall be presumed legitimate, although the mother may have declared against its legitimacy or may have been sentenced as an adulteress. (109)
Art. 257. Should the wife commit adultery at or about the time of the conception of the child, but there was no physical impossibility of access between her and her husband as set forth in Article 255, the child is prima facie presumed to be illegitimate if it appears highly improbable, for ethnic reasons, that the child is that of the husband. For the purposes of this article, the wife’s adultery need not be proved in a criminal case. (n)
Art. 258. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. Such a child is conclusively presumed to be legitimate in any of these cases:
    (1) If the husband, before the marriage, knew of the pregnancy of the wife;

    (2) If he consented, being present, to the putting of his surname on the record of birth of the child;
    (3) If he expressly or tacitly recognized the child as his own. (110a)
Art. 259. If the marriage is dissolved by the death of the husband, and the mother contracted another marriage within three hundred days following such death, these rules shall govern:
    (1) A child born before one hundred eighty days after the solemnization of the subsequent marriage is disputably presumed to have been conceived during the former marriage, provided it be born within three hundred days after the death of the former husband:

    (2) A child born after one hundred eighty days following the celebration of the subsequent marriage is prima facie presumed to have been conceived during such marriage, even though it be born within the three hundred days after the death of the former husband.(n)
Art. 260. If after a judgment annulling a marriage, the former wife should believe herself to be pregnant by the former husband, she shall, within thirty days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. He or his heirs may ask the court to take measures to prevent a simulation of birth.
The same obligation shall devolve upon a widow who believes herself to have been left pregnant by the deceased husband, or upon the wife who believes herself to be pregnant by her husband from whom she has been legally separated. (n)
Art. 261. There is no presumption of legitimacy or illegitimacy of a child born after three hundred days following the dissolution of the marriage or the separation of the spouses. Whoever alleges the legitimacy or the illegitimacy of such child must prove his allegation. (n)
Art. 262. The heirs of the husband may impugn the legitimacy of the child only in the following cases:
    (1) If the husband should die before the expiration of the period fixed for bringing his action;

    (2) If he should die after the filing of the complaint, without having desisted from the same;
    (3) If the child was born after the death of the husband. (112)
Art. 263. The action to impugn the legitimacy of the child shall be brought within one year from the recording of the birth in the Civil Register, if the husband should be in the same place, or in a proper case, any of his heirs.
If he or his heirs are absent, the period shall be eighteen months if they should reside in the Philippines; and two years if abroad. If the birth of the child has been concealed, the term shall be counted from the discovery of the fraud. (113a)
Art. 264. Legitimate children shall have the right:
    (1) To bear the surnames of the father and of the mother;

    (2) To receive support from them, from their ascendants and in a proper case, from their brothers and sisters, in conformity with Article 291;
    (3) To the legitime and other successional rights which this Code recognizes in their favor. (114)



CHAPTER 2PROOF OF FILIATION OF LEGITIMATE CHILDREN
Art. 265. The filiation of legitimate children is proved by the record of birth appearing in the Civil Register, or by an authentic document or a final judgment. (115)

Art. 266. In the absence of the titles indicated in the preceding article, the filiation shall be proved by the continuous possession of status of a legitimate child. (116)
Art. 267. In the absence of a record of birth, authentic document, final judgment or possession of status, legitimate filiation may be proved by any other means allowed by the Rules of Court and special laws. (117a)
Art. 268. The action to claim his legitimacy may be brought by the child during all his lifetime, and shall be transmitted to his heirs if he should die during his minority or in a state of insanity. In these cases the heirs shall have a period of five years within which to institute the action.
The action already commenced by the child is transmitted upon his death to the heirs, if the proceeding has not yet lapsed. (118)
 



CHAPTER 3LEGITIMATED CHILDREN
Art. 269.   Only natural children can be legitimated. Children born outside wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural. (119a)

Art. 270. Legitimation shall take place by the subsequent marriage between the parents. (120a)
Art. 271. Only natural children who have been recognized by the parents before or after the celebration of the marriage, or have been declared natural children by final judgment, may be considered legitimated by subsequent marriage.
If a natural child is recognized or judicially declared as natural, such recognition or declaration shall extend to his or her brothers or sisters of the full blood: Provided, That the consent of the latter shall be implied if they do not impugn the recognition within four years from the time of such recognition, or in case they are minors, within four years following the attainment of majority. (121a)
Art. 272. Children who are legitimated by subsequent marriage shall enjoy the same rights as legitimate children. (122)
Art. 273. Legitimation shall take effect from the time of the child’s birth.(123a)
Art. 274. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (124)
Art. 275. Legitimation may be impugned by those who are prejudiced in their rights, when it takes place in favor of those who do not have the legal condition of natural children or when the requisites laid down in this Chapter are not complied with. (128a)
 



CHAPTER 4ILLEGITIMATE CHILDREN SECTION 1. – Recognition of Natural Children
Art. 276. A natural child may be recognized by the father and mother jointly, or by only one of them. (129)

Art. 277. In case the recognition is made by only one of the parents, it shall be presumed that the child is natural, if the parent recognizing it had legal capacity to contract marriage at the time of the conception. (130)
Art. 278. Recognition shall be made in the record of birth, a will, a statement before a court of record, or in any authentic writing. (131a)
Art. 279. A minor who may not contract marriage without parental consent cannot acknowledge a natural child, unless the parent or guardian approves the acknowledgment or unless the recognition is made in a will. (n)
Art. 280. When the father or the mother makes the recognition separately, he or she shall not reveal the name of the person with whom he or she had the child; neither shall he or she state any circumstance whereby the other parent may be identified. (132a)
Art. 281. A child who is of age cannot be recognized without his consent.
When the recognition of a minor does not take place in a record of birth or in a will, judicial approval shall be necessary.
A minor can in any case impugn the recognition within four years following the attainment of his majority. (133a)
Art. 282. A recognized natural child has the right:
    (1) To bear the surname of the parent recognizing him:

    (2) To receive support from such parent, in conformity with article 291;
    (3) To receive, in a proper case, the hereditary portion which is determined in this Code. (134)
Art. 283. In any of the following cases, the father is obliged to recognize the child as his natural child:
    (1) In cases of rape, abduction or seduction, when the period of the offense coincides more or less with that of the conception;

    (2) When the child is in continuous possession of status of a child of the alleged father by the direct acts of the latter or of his family;
    (3) When the child was conceived during the time when the mother cohabited with the supposed father;
    (4) When the child has in his favor any evidence or proof that the defendant is his father. (n)
Art. 284. The mother is obliged to recognize her natural child:
    (1) In any of the cases referred to in the preceding article, as between the child and the mother;

    (2) When the birth and the identity of the child are clearly proved.(136a)
Art. 285. The action for the recognition of natural children may be brought only during the lifetime of the presumed parents, except in the following cases:
    (1) If the father or mother died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority;

    (2) If after the death of the father or of the mother a document should appear of which nothing had been heard and in which either or both parents recognize the child.
In this case, the action must be commenced within four years from the finding of the document. (137a)
Art. 286. The recognition made in favor of a child who does not possess all the conditions stated in Article 269, or in which the requirements of the law have not been fulfilled, may be impugned by those who are prejudiced by such recognition. (137)
 



SECTION 2. – Other Illegitimate Children
Art. 287.  Illegitimate children other than natural in accordance with Article 269 and other than natural children by legal fiction are entitled to support and such successional rights as are granted in this Code. (n)

Art. 288. Minor children mentioned in the preceding article are under the parental authority of the mother. (n)
Art. 289. Investigation of the paternity or maternity of children mentioned in the two preceding articles is permitted under the circumstances specified in Articles 283 and 284. (n)
 



Title IX. – SUPPORT
Art. 290. Support is everything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of the family.

Support also includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or vocation, even beyond the age of majority. (124a)
Art. 291. The following are obliged to support each other to the whole extent set forth in the preceding article:
    (1) The spouses;

    (2) Legitimate ascendants and descendants;
    (3) Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter;
    (4) Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter;
    (5) Parents and illegitimate children who are not natural.
Brothers and sisters owe their legitimate and natural brothers and sisters, although they are only of the half-blood, the necessaries for life, when by a physical or mental defect, or any other cause not imputable to the recipients, the latter cannot secure their subsistence. This assistance includes, in a proper case, expenses necessary for elementary education and for professional or vocational training. (143a)
Art. 292. During the proceedings for legal separation, or for annulment of marriage, the spouses and children, shall be supported from the conjugal partnership property. After the final judgment of legal separation, or of annulment of marriage, the obligation of mutual support between the spouses ceases. However, in case of legal separation, the court may order that the guilty spouse shall give support to the innocent one, the judgment specifying the terms of such order. (n)
Art. 293. In an action for legal separation or annulment of marriage, attorney’s fees and expenses for litigation shall be charged to the conjugal partnership property, unless the action fails. (n)
Art. 294. The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order:
    (1) From the spouse;

    (2) From the descendants of the nearest degree;
    (3) From the ascendants, also of the nearest degree;
    (4) From the brothers and sisters.
Among descendants and ascendants the order in which they are called to the intestate succession of the person who has a right to claim support shall be observed. (144)
Art. 295. When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.
However, in case of urgent need and by special circumstances, the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them.
When two or more recipients at the same time claim support from one and the same person legally obliged to give it, and the latter should not have sufficient means to satisfy all, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the latter shall be preferred. (145)
Art. 296. The amount of support, in the cases referred to in the five numbers of article 291, shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (146a)
Art. 297. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the needs of the recipient and the resources of the person obliged to furnish the same. (147)
Art. 298. The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date it is extrajudicially demanded.
Payment shall be made monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he has received in advance. (148a)
Art. 299. The person obliged to give support may, at his option, fulfill his obligation either by paying the allowance fixed, or by receiving and maintaining in his house the person who has a right to receive support. The latter alternative cannot be availed of in case there is a moral or legal obstacle thereto. (149a)
Art. 300. The obligation to furnish support ceases upon the death of the obligor, even if he may be bound to give it in compliance with a final judgment. (150)
Art. 301. The right to receive support cannot be renounced; nor can it be transmitted to a third person. Neither can it be compensated with what the recipient owes the obligor.
However, support in arrears may be compensated and renounced, and the right to demand the same may be transmitted by onerous or gratuitous title.(151)
Art. 302. Neither the right to receive legal support nor any money or property obtained as such support or any pension or gratuity from the government is subject to attachment or execution. (n)
Art. 303. The obligation to give support shall also cease:
    (1) Upon the death of the recipient;

    (2) When the resources of the obligor have been reduced to the point where he cannot give the support without neglecting his own needs and those of his family;
    (3) When the recipient may engage in a trade, profession, or industry, or has obtained work, or has improved his fortune in such a way that he no longer needs the allowance for his subsistence;
    (4) When the recipient, be he a forced heir or not, has committed some act which gives rise to disinheritance;
    (5) When the recipient is a descendant, brother or sister of the obligor and the need for support is caused by his or her bad conduct or by the lack of application to work, so long as this cause subsists. (152a)
Art. 304. The foregoing provisions shall be applicable to other cases where, in virtue of this Code or of any other law, by will, or by stipulation there is a right to receive support, save what is stipulated, ordered by the testator or provided by law for the special case. (153a)
 


Title X. – FUNERALS (n)
Art. 305. The duty and the right to make arrangements for the funeral of a relative shall be in accordance with the order established for support, under Article 294. In case of descendants of the same degree, or of brothers and sisters, the oldest shall be preferred. In case of ascendants, the paternal shall have a better right.

Art. 306. Every funeral shall be in keeping with the social position of the deceased.
Art. 307. The funeral shall be in accordance with the expressed wishes of the deceased. In the absence of such expression, his religious beliefs or affiliation shall determine the funeral rites. In case of doubt, the form of the funeral shall be decided upon by the person obliged to make arrangements for the same, after consulting the other members of the family.
Art. 308. No human remains shall be retained, interred, disposed of or exhumed without the consent of the persons mentioned in articles 294 and 305.
Art. 309. Any person who shows disrespect to the dead, or wrongfully interferes with a funeral shall be liable to the family of the deceased for damages, material and moral.
Art. 310. The construction of a tombstone or mausoleum shall be deemed a part of the funeral expenses, and shall be chargeable to the conjugal partnership property, if the deceased is one of the spouses.
 



Title XI. – PARENTAL AUTHORITY CHAPTER 1GENERAL PROVISIONS
Art. 311. The father and mother jointly exercise parental authority over their legitimate children who are not emancipated. In case of disagreement, the father’s decision shall prevail, unless there is a judicial order to the contrary.

Children are obliged to obey their parents so long as they are under parental power, and to observe respect and reverence toward them always.
Recognized natural and adopted children who are under the age of majority are under the parental authority of the father or mother recognizing or adopting them, and are under the same obligation stated in the preceding paragraph.
Natural children by legal fiction are under the joint authority of the father and mother, as provided in the first paragraph of this article. (154a)
Art. 312. Grandparents shall be consulted by all members of the family on all important family questions. (n)
Art. 313. Parental authority cannot be renounced or transferred, except in cases of guardianship or adoption approved by the courts, or emancipation by concession.
The courts may, in cases specified by law, deprive parents of their authority.(n)
Art. 314. A foundling shall be under the parental authority of the person or institution that has reared the same. (n)
Art. 315. No descendant can be compelled, in a criminal case, to testify against his parents and ascendants. (n)
 



CHAPTER 2EFFECT OF PARENTAL AUTHORITYUPON THE PERSONS OF THE CHILDREN
Art. 316. The father and the mother have, with respect to their unemancipated children:

    (1) The duty to support them, to have them in their company, educate and instruct them in keeping with their means and to represent them in all actions which may redound to their benefit;

    (2) The power to correct them and to punish them moderately. (155)
Art. 317. The courts may appoint a guardian of the child’ s property, or a guardian ad litem when the best interest of the child so requires. (n)
Art. 318. Upon cause being shown by the parents, the local mayor may aid them in the exercise of their authority over the child. If the child is to be kept in a children’s home or similar institution for not more than one month, an order of the justice of the peace or municipal judge shall be necessary, after due hearing, where the child shall be heard. For his purpose, the court may appoint a guardian ad litem. (156a)
Art. 319. The father and the mother shall satisfy the support for the detained child; but they shall not have any intervention in the regime of the institution where the child is detained. They may lift the detention when they deem it opportune, with the approval of the court. (158a)
 



CHAPTER 3EFFECT OF PARENTAL AUTHORITYON THE PROPERTY OF THE CHILDREN
Art. 320. The father, or in his absence the mother, is the legal administrator of the property pertaining to the child under parental authority. If the property is worth more than two thousand pesos, the father or mother shall give a bond subject to the approval of the Court of First Instance. (159a)

Art. 321. The property which the unemancipated child has acquired or may acquire with his work or industry, or by any lucrative title, belongs to the child in ownership, and in usufruct to the father or mother under whom he is under parental authority and in whose company he lives; but if the child, with the parent’s consent, should live independently from them, he shall be considered as emancipated for all purposes relative to said property, and he shall have over it dominion, usufruct and administration. (160)
Art. 322. A child who earns money or acquires property with his own work or industry shall be entitled to a reasonable allowance from the earnings, in addition to the expenses made by the parents for his support and education.(n)
Art. 323. The fruits and interest of the child’s property referred to in article 321 shall be applied first to the expenses for the support and education of the child. After they have been fully met, the debts of the conjugal partnership which have redounded to the benefit of the family may be paid from said fruits and interest. (n)
Art. 324. Whatever the child may acquire with the capital or property of the parents belongs to the latter in ownership and in usufruct. But if the parents should expressly grant him all or part of the profits that he may obtain, such profits shall not be charged against his legitime. (161)
Art. 325. The property or income donated, bequeathed or devised to the unemancipated child for the expenses of his education and instruction shall pertain to him in ownership and usufruct; but the father or mother shall administer the same, if in the donation or testamentary provision the contrary has not been stated. (162)
Art. 326. When the property of the child is worth more than two thousand pesos, the father or mother shall be considered a guardian of the child’s property, subject to the duties and obligations of guardians under the Rules of Court. (n)
 



CHAPTER 4EXTINGUISHMENT OF PARENTAL AUTHORITY
Art. 327. Parental authority terminates:

    (1) Upon the death of the parents or of the child;

    (2) Upon emancipation;
    (3) Upon adoption of the child;
    (4) Upon the appointment of a general guardian. (167a)
Art. 328. The mother who contracts a subsequent marriage loses the parental authority over her children, unless the deceased husband, father of the latter, has expressly provided in his will that his widow might marry again, and has ordered that in such case she should keep and exercise parental authority over their children.
The court may also appoint a guardian of the child’s property in case the father should contract a subsequent marriage. (168a)
Art. 329. When the mother of an illegitimate child marries a man other than its father, the court may appoint a guardian for the child. (n)
Art. 330. The father and in a proper case the mother, shall lose authority over their children:
    (1) When by final judgment in a criminal case the penalty of deprivation of said authority is imposed upon him or her;

    (2) When by a final judgment in legal separation proceedings such loss of authority is declared. (169a)
Art. 331. Parental authority is suspended by the incapacity or absence of the father, or in a proper case of the mother, judicially declared, and also by civil interdiction. (170)
Art. 332. The courts may deprive the parents of their authority or suspend the exercise of the same if they should treat their children with excessive harshness or should give them corrupting orders, counsels, or examples, or should make them beg or abandon them. In these cases, the courts may also deprive the parents in whole or in part, of the usufruct over the child’s property, or adopt such measures as they may deem advisable in the interest of the child. (171a)
Art. 333. If the widowed mother who has contracted a subsequent marriage should again become a widow, she shall recover from this moment her parental authority over all her unemancipated children. (172)
 



CHAPTER 5ADOPTION
Art. 334. Every person of age, who is in full possession of his civil rights, may adopt. (173a)

Art. 335. The following cannot adopt:
    (1) Those who have legitimate, legitimated, acknowledged natural children, or natural children by legal fiction;

    (2) The guardian, with respect to the ward, before the final approval of his accounts;
    (3) A married person, without the consent of the other spouse;
    (4) Non-resident aliens;
    (5) Resident aliens with whose government the Republic of the Philippines has broken diplomatic relations;
    (6) Any person who has been convicted of a crime involving moral turpitude, when the penalty imposed was six months’ imprisonment or more. (174a)
Art. 336. The husband and wife may jointly adopt. Parental authority shall, in such case, be exercised as if the child were their own by nature. (n)
Art. 337. Any person, even if of age, may be adopted, provided the adopter is sixteen years older. (173a)
Art. 338. The following may be adopted:
    (1) The natural child, by the natural father or mother;

    (2) Other illegitimate children, by the father or mother;
    (3) A step-child, by the step-father or step-mother. (n)
Art. 339. The following cannot be adopted:
    (1) A married person, without the written consent of the other spouse;

    (2) An alien with whose government the Republic of the Philippines has broken diplomatic relations;
    (3) A person who has already been adopted. (n)
Art. 340. The written consent of the following to the adoption shall be necessary:
    (1) The person to be adopted, if fourteen years of age or over;

    (2) The parents, guardian or person in charge of the person to be adopted. (n)
Art. 341. The adoption shall:
    (1) Give to the adopted person the same rights and duties as if he were a legitimate child of the adopter:

    (2) Dissolve the authority vested in the parents by nature;
    (3) Make the adopted person a legal heir of the adopter;
    (4) Entitle the adopted person to use the adopter’s surname. (n)
Art. 342. The adopter shall not be a legal heir of the adopted person, whose parents by nature shall inherit from him. (177a)
Art. 343. If the adopter is survived by legitimate parents or ascendants and by an adopted person, the latter shall not have more successional rights than an acknowledged natural child. (n)
Art. 344. The adopter may donate property, by an act inter vivos or by will, to the adopted person, who shall acquire ownership thereof. (n)
Art. 345. The proceedings for adoption shall be governed by the Rules of Court insofar as they are not in conflict with this Code. (n)
Art. 346. The adoption shall be recorded in the local civil register. (179a)
Art. 347. A minor or other incapacitated person may, through a guardian ad litem, ask for the rescission of the adoption on the same grounds that cause the loss of parental authority. (n)
Art. 348. The adopter may petition the court for revocation of the adoption in any of these cases:
    (1) If the adopted person has attempted against the life of the adopter;

    (2) When the adopted minor has abandoned the home of the adopter for more than three years;
    (3) When by other acts the adopted person has definitely repudiated the adoption. (n)



CHAPTER 6SUBSTITUTE PARENTAL AUTHORITY (n)
Art. 349. The following persons shall exercise substitute parental authority:

    (1) Guardians;

    (2) Teachers and professors;
    (3) Heads of children’s homes, orphanages, and similar institutions;
    (4) Directors of trade establishments, with regard to apprentices;
    (5) Grandparents;
    (6) The oldest brother or sister.
Art. 350. The persons named in the preceding article shall exercise reasonable supervision over the conduct of the child.
Art. 351. A general guardian or a guardian over the person shall have the same authority over the ward’s person as the parents. With regard to the child’s property, the Rules of Court on guardianship shall govern.
Art. 352. The relations between teacher and pupil, professor and student, are fixed by government regulations and those of each school or institution. In no case shall corporal punishment be countenanced. The teacher or professor shall cultivate the best potentialities of the heart and mind of the pupil or student.
Art. 353. Apprentices shall be treated humanely. No corporal punishment against the apprentice shall be permitted.
Art. 354. Grandparents and in their default the oldest brother or sister shall exercise parental authority in case of death or absence of the child’s parents. If the parents are living, or if the child is under guardianship, the grandparents may give advice and counsel to the child, to the parents or to the guardian.
Art. 355. Substitute parental authority shall be exercised by the grandparents in the following order:
    (1) Paternal grandparents;

    (2) Maternal grandparents.



Title XII. – CARE AND EDUCATION OF CHILDREN
Art. 356. Every child:

    (1) Is entitled to parental care;

    (2) Shall receive at least elementary education;
    (3) Shall be given moral and civic training by the parents or guardian;
    (4) Has a right to live in an atmosphere conducive to his physical, moral and intellectual development.
Art. 357. Every child shall:
    (1) Obey and honor his parents or guardian;

    (2) Respect his grandparents, old relatives, and persons holding substitute parental authority;
    (3) Exert his utmost for his education and training;
    (4) Cooperate with the family in all matters that make for the good of the same.
Art. 358. Every parent and every person holding substitute parental authority shall see to it that the rights of the child are respected and his duties complied with, and shall particularly, by precept and example, imbue the child with highmindedness, love of country, veneration for the national heroes, fidelity to democracy as a way of life, and attachment to the ideal of permanent world peace.
Art. 359. The government promotes the full growth of the faculties of every child. For this purpose, the government will establish, whenever possible:
    (1) Schools in every barrio, municipality and city where optional religious instruction shall be taught as part of the curriculum at the option of the parent or guardian;

    (2) Puericulture and similar centers;
    (3) Councils for the Protection of Children; and
    (4) Juvenile courts.
Art. 360. The Council for the Protection of Children shall look after the welfare of children in the municipality. It shall, among other functions:
    (1) Foster the education of every child in the municipality;

    (2) Encourage the cultivation of the duties of parents;
    (3) Protect and assist abandoned or mistreated children, and orphans;
    (4) Take steps to prevent juvenile delinquency;
    (5) Adopt measures for the health of children;
    (6) Promote the opening and maintenance of playgrounds;
    (7) Coordinate the activities of organizations devoted to the welfare of children, and secure their cooperation.
Art. 361. Juvenile courts will be established, as far as practicable, in every chartered city or large municipality.
Art. 362. Whenever a child is found delinquent by any court, the father, mother, or guardian may in a proper case be judicially admonished.
Art. 363. In all questions on the care, custody, education and property of children the latter’s welfare shall be paramount. No mother shall be separated from her child under seven years of age, unless the court finds compelling reasons for such measure.
 



Title XIII. – USE OF SURNAMES (n)
Art. 364. Legitimate and legitimated children shall principally use the surname of the father.

Art. 365. An adopted child shall bear the surname of the adopter.
Art. 366. A natural child acknowledged by both parents shall principally use the surname of the father. If recognized by only one of the parents, a natural child shall employ the surname of the recognizing parent.
Art. 367. Natural children by legal fiction shall principally employ the surname of the father.
Art. 368. Illegitimate children referred to in Article 287 shall bear the surname of the mother.
Art. 369. Children conceived before the decree annulling a voidable marriage shall principally use the surname of the father.
Art. 370. A married woman may use:
    (1) Her maiden first name and surname and add her husband’s surname, or

    (2) Her maiden first name and her husband’s surname or
    (3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”
Art. 371. In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband’s surname, unless:
    (1) The court decrees otherwise, or

    (2) She or the former husband is married again to another person.
Art. 372. When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.
Art. 373. A widow may use the deceased husband’s surname as though he were still living, in accordance with Article 370.
Art. 374. In case of identity of names and surnames, the younger person shall be obliged to use such additional name or surname as will avoid confusion.
Art. 375. In case of identity of names and surnames between ascendants and descendants, the word “Junior” can be used only by a son. Grandsons and other direct male descendants shall either:
    (1) Add a middle name or the mother’s surname, or

    (2) Add the Roman Numerals II, III, and so on.
Art. 376. No person can change his name or surname without judicial authority.
Art. 377. Usurpation of a name and surname may be the subject of an action for damages and other relief.
Art. 378. The unauthorized or unlawful use of another person’s surname gives a right of action to the latter.
Art. 379. The employment of pen names or stage names is permitted, provided it is done in good faith and there is no injury to third persons. Pen names and stage names cannot be usurped.
Art. 380. Except as provided in the preceding article, no person shall use different names and surnames.
 



Title XIV. – ABSENCE CHAPTER 1PROVISIONAL MEASURES IN CASE OF ABSENCE
Art. 381. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary.

This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. (181a)
Art. 382. The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians. (182)
Art. 383. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation.
If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court. (183a)
 



CHAPTER 2DECLARATION OF ABSENCE
Art. 384. Two years having elapsed without any news about the absentee or since the receipt of the last news, and five years in case the absentee has left a person in charge of the administration of his property, his absence may be declared. (184)

Art. 385. The following may ask for the declaration of absence:
    (1) The spouse present;

    (2) The heirs instituted in a will, who may present an authentic copy of the same;
    (3) The relatives who may succeed by the law of intestacy;
    (4) Those who may have over the property of the absentee some right subordinated to the condition of his death. (185)
Art. 386. The judicial declaration of absence shall not take effect until six months after its publication in a newspaper of general circulation. (186a)
 


CHAPTER 3ADMINISTRATION OF THE PROPERTY OF THE ABSENTEE
Art. 387. An administrator of the absentee’s property shall be appointed in accordance with Article 383. (187a)

Art. 388. The wife who is appointed as an administratrix of the husband’s property cannot alienate or encumber the husband’s property, or that of the conjugal partnership, without judicial authority. (188a)
Art. 389. The administration shall cease in any of the following cases:
    (1) When the absentee appears personally or by means of an agent;

    (2) When the death of the absentee is proved and his testate or intestate heirs appear;
    (3) When a third person appears, showing by a proper document that he has acquired the absentee’s property by purchase or other title.
In these cases the administrator shall cease in the performance of his office, and the property shall be at the disposal of those who may have a right thereto. (190)
 


CHAPTER 4PRESUMPTION OF DEATH
Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (n)
Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:
    (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;

    (2) A person in the armed forces who has taken part in war, and has been missing for four years;
    (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. (n)
Art. 392. If the absentee appears, or without appearing his existence is proved, he shall recover his property in the condition in which it may be found, and the price of any property that may have been alienated or the property acquired therewith; but he cannot claim either fruits or rents. (194)
 


CHAPTER 5EFFECT OF ABSENCE UPON THECONTINGENT RIGHTS OF THE ABSENTEE
Art. 393. Whoever claims a right pertaining to a person whose existence is not recognized must prove that he was living at the time his existence was necessary in order to acquire said right. (195)

Art. 394. Without prejudice to the provision of the preceding article, upon the opening of a succession to which an absentee is called, his share shall accrue to his co-heirs, unless he has heirs, assigns, or a representative. They shall all, as the case may be, make an inventory of the property. (196a)
Art. 395. The provisions of the preceding article are understood to be without prejudice to the action of petition for inheritance or other rights which are vested in the absentee, his representatives or successors in interest. These rights shall not be extinguished save by lapse of time fixed for prescription. In the record that is made in the Registry of the real estate which accrues to the coheirs, the circumstance of its being subject to the provisions of this article shall be stated. (197)
Art. 396. Those who may have entered upon the inheritance shall appropriate the fruits received in good faith so long as the absentee does not appear, or while his representatives or successors in interest do not bring the proper actions. (198)
 



Title XV. – EMANCIPATION AND AGE OF MAJORITY CHAPTER 1EMANCIPATION
Art. 397. Emancipation takes place:

    (1) By the marriage of the minor;

    (2) By the attainment of majority;
    (3) By the concession of the father or of the mother who exercise parental authority. (314)
Art. 398. Emancipation treated of in No. 3 of the preceding article shall be effected in a public instrument which shall be recorded in the Civil Register, and unless so recorded, it shall take no effect against third persons. (316a)
Art. 399. Emancipation by marriage or by voluntary concession shall terminate parental authority over the child’s person. It shall enable the minor to administer his property as though he were of age, but he cannot borrow money or alienate or encumber real property without the consent of his father or mother, or guardian. He can sue and be sued in court only with the assistance of his father, mother or guardian. (317a)
Art. 400. In order that emancipation by concession of the father or of the mother may take place, it is required that the minor be eighteen years of age, and that he give his consent thereto. (318)
Art. 401. Emancipation is final or irrevocable. (319a)
 



CHAPTER 2AGE OF MAJORITY
Art. 402. Majority commences upon the attainment of the age of twenty-one years.

The person who has reached majority is qualified for all acts of civil life, save the exceptions established by this Code in special cases. (320a)
Art. 403. Notwithstanding the provisions of the preceding article, a daughter above twenty-one but below twenty-three years of age cannot leave the parental home without the consent of the father or mother in whose company she lives, except to become a wife, or when she exercises a profession or calling, or when the father or mother has contracted a subsequent marriage.(321a)
Art. 404. An orphan who is minor may, at the instance of any relative or other person, obtain emancipation by concession upon an order of the Court of First Instance. (322a)
Art. 405. For the concession and approval referred to in the preceding article it is necessary:
    (1) That the minor be eighteen years of age;

    (2) That he consent thereto; and
    (3) That the concession be deemed convenient for the minor.
The concession shall be recorded in the Civil Register. (323a)
Art. 406. The provisions of Article 399 are applicable to an orphan who has been emancipated according to Article 404. The court will give the necessary approval with respect to the contracts mentioned in Article 399. In litigations, a guardian ad litem for the minor shall be appointed by the court.(324a)
 



Title XVI. – CIVIL REGISTER
Art. 407.   Acts, events and judicial decrees concerning the civil status of persons shall be recorded in the civil register. (325a)

Art. 408. The following shall be entered in the civil register:
    (1) Births; (2) marriages; (3) deaths; (4) legal separations; (5) annulments of marriage; (6) judgments declaring marriages void from the beginning; (7) legitimations; (8) adoptions; (9) acknowledgments of natural children; (10) naturalization; (11) loss, or (12) recovery of citizenship; (13) civil interdiction; (14) judicial determination of filiation;(15) voluntary emancipation of a minor; and (16) changes of name. (326a)
Art. 409. In cases of legal separation, adoption, naturalization and other judicial orders mentioned in the preceding article, it shall be the duty of the clerk of the court which issued the decree to ascertain whether the same has been registered, and if this has not been done, to send a copy of said decree to the civil registry of the city or municipality where the court is functioning.(n)
Art. 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained. (n)
Art. 411. Every civil registrar shall be civilly responsible for any unauthorized alteration made in any civil register, to any person suffering damage thereby. However, the civil registrar may exempt himself from such liability if he proves that he has taken every reasonable precaution to prevent the unlawful alteration. (n)
Art. 412. No entry in a civil register shall be changed or corrected, without a judicial order. (n)
Art. 413. All other matters pertaining to the registration of civil status shall be governed by special laws. (n)
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ការ​ប្រកាស​ម្តង​នេះ​ទំនង​ជា​រឿងពិត​ពីព្រោះ​ក្រប​ខ័ណ្ឌគតិយុត្តិ​មួយ​ចំនួន​បាន​រៀបចំ​អស់​ហើយ។
បើយោង​តាម​ប្រភព​ដដែល ក្រុមហ៊ុន​រដ្ឋ​ចំនួន​៣​គ្រោង​នឹង​ដាក់​អោយ​ជួញដូរ​មូលបត្រ​របស់​ខ្លួន​ជា​សាធារណៈ​។ ក្រុមហ៊ុន​ទាំងនោះ​ជារួម​មាន៖រដ្ឋាករទឹក​ស្វយ័ត​ភ្នំពេញ ទូរគមនាគមន៍​កម្ពុជា​និង​កំពង់ផែស្វយ័ត​កំពង់សោម។
លោក គាត ឈន់ រដ្ឋ​មន្ត្រី​ក្រសួង​សេដ្ឋកិច្ច​និង​ហិរញ្ញវត្ថុ​ និង​ជា​ប្រធាន​គណៈកម្មការ​មូលបត្រ​កម្ពុជា​បាន​បញ្ជាក់​កាល​ពី​ប៉ុន្មាន​ថ្ងៃ​មុន​នេះ​ថា ការ​យឺតយ៉ាវ​ក្នុងការ​បង្កើត​ទីផ្សារ​មូលបត្រ​នាពេល​កន្លងមក​គឺ​មិនមែន​កើតឡើង​ដោយសារ​អសមត្ថភាព​ឬ​ដោយ​ខ្វះ​ការ​ប្តេជ្ញា​ចិត្ត​របស់​រាជរដ្ឋាភិបាល​នោះ​ទេ ប៉ុន្តែ​វា​បង្កឡើង​ដោយ​កត្តា​សត្យានុម័ត​មួយ​ចំនួន​ក្នុង​​នោះ​មាន​ការ​រៀបចំ​ច្បាប់​នានា​ជាដើម។  
ការ​ពន្យារពេល​ជាច្រើន​លើកច្រើន​សា របស់​រដ្ឋាភិបាល​កម្ពុជា​ក្នុង​ការ​បង្កើត​ផ្សារមូលបត្រ​នេះ​ញ៉ាំង​អោយ​មាន​ការ​រិះគន់​ជា​ច្រើន​ពី​សំណាក់​មជ្ឈដ្ឋាន​នានា​នៅ​ក្នុង​ប្រទេស​កម្ពុជា​។ ប៉ុន្តែ​លោក គាត ឈន់​ រដ្ឋមន្ត្រី​ក្រសួង​សេដ្ឋកិច្ច​និង​ហិរញ្ញវត្ថុ​បាន​ពន្យល់​បកស្រាយ​វិញ​ថា ការ​ពន្យារ​ពេល​វេលា​ជួញដូរ​នៅក្នុង​ក្រុមហ៊ុន​ផ្សារ​មូលបត្រ​កម្ពុជា​មិនត្រូវ​ចាត់ទុក​ជា​ការ​ខាតបង់​ពេល​វេលា​ទេ ។
ផ្ទុយ​ទៅ​វិញ ការ​ពន្យារ​ពេល​នេះ វា​បាន​ផ្តល់​នូវ​ពេល​វេលា​បន្ថែម​ទៀត​ដល់​ភាគី​ពាក់ព័ន្ធ​ទាំងឡាយ​ដូចជា គណៈកម្មការ​មូលបត្រ​កម្ពុជា ក្នុងការ​គិតគូរ​អោយ​បាន​ល្អិតល្អន់​អំពី​ក្របខ័ណ្ឌ​គតិយុត្តិ​និង​ក៏​ដូចជា​យុទ្ធនាការ​ទាក់ទាញ​វិនិយោគិន​ក្នុងស្រុក​និង​ក្រៅស្រុក ដើម្បី​ចូលរួម​នៅក្នុង​ទីផ្សារ​នេះ ។ លោក គាត ឈន់ បាន​សង្កត់​ធ្ងន់​ថា៖”យើង​មិន​ចង់​ដើរ​ទៅមុខ​១​ជំហាន ហើយ​ដើរថយ​ក្រោយ​២​ជំហាន​នោះ​ទេ”។
កាល​ពី​ប៉ុន្មាន​ថ្ងៃ​មុន​នេះ ក្រុមហ៊ុន​ផ្សារ​មូលបត្រ​កូរ៉េ​ដែល​ជា​ដៃគូរ​វិនិយោគ​ជាមួយ​ក្រុមហ៊ុន​មូលបត្រ​កម្ពុជា​នោះ​ទើប​ផ្តល់​ជំនួយ​​អេក្រង់ ទូរទស្សន៍​ទំហំធំ ៦ម៉ែត្រ គុណ ៨ ម៉ែត្រ​ដាក់​តាំង​នៅ​លើ​សួនច្បារ​ផ្លូវភ្លោះ​ខាង​ត្បូង​វិមាន​កាណាឌីយ៉ា​ដើម្បី​ធ្វើការ​ផ្សព្វផ្សាយ​ព័ត៌មាន​របស់​ក្រុមហ៊ុន​ផ្សារ​មូលបត្រ​កម្ពុជា។
គួរ​កត់​សម្គាល់​ថា ផ្សារ​មូលបត្រ​កម្ពុជា​គ្រោង​នឹង​ដាក់​អោយ​ជួញដូរ​នៅ​ក្នុង​ពេល​ឆាប់ៗ​ខាងមុខ​នេះ​ហើយ​ប៉ុន្តែ​សាធារណជន​សាមញ្ញ​និង​អ្នក​ជំនាញ​មួយ​ចំនួន​ធំ​នៅ​កម្ពុជា​នៅ​មិន​ទាន់​យល់​ដឹង​ច្រើន​ពី​ប្រតិបត្តិការ​​ផ្សារ​ភាគហ៊ុន​នៅ​ឡើយ​ទេ៕

TAGS: កម្ពុជា – សេដ្ឋកិច្ច – ហិរញ្ញវត្ថុ

មូលនិធិ​រូបិយវត្ថុ​អន្តរជាតិ ​FMI ​ស្នើកុំឲ្យ​អនុវត្ត​នយោបាយ​ថវិកា​ត្បិតត្បៀត​ខ្លាំងពេក​

ប្រភព៖  RFI (http://www.khmer.rfi.fr/asia/20120125-FMI-POUR-UNE-RIGUEUR-MODEREE )
ដោយ សៀក សារិន
នៅខណៈពេល​ដែល​កំណើន​សេដ្ឋកិច្ច​ពិភពលោក​នៃឆ្នាំ២០១២​អាច​ស្គាល់​ការ​ធ្លាក់​ស្រុតចុះ​ ​ ហើយនិង​តំបន់​អឺរ៉ូ​អាចជួប​នឹង​ដំណើរ​សេដ្ឋកិច្ច​ដើរ​ថយក្រោយ​ ​ នៅថ្ងៃ​អង្គារ​ទី២៤​មករា​ម្សិលមិញ​ មូលនិធិ​រូបិយវត្ថុ​អន្តរជាតិ​ FMI ​បាន​ស្នើ​រដ្ឋាភិបាល​កុំឲ្យ​អនុវត្ត​នយោបាយ​ថវិកា​ត្បិតត្បៀត​ខ្លាំងពេក​។ ​ ពីព្រោះ​វា​អាច​ក្លាយ​ជា​កត្តា​អវិជ្ជមាន​ធ្វើឲ្យ​ប៉ះពាល់​ដល់​ដំណើរ​អភិវឌ្ឍន៍​សេដ្ឋកិច្ច។

សេចក្តីរាយការណ៍របស់​ សៀក សារិន
25/01/2012 by សៀក សារិន
នៅពេលថ្មីៗនេះ​ ​ មូលនិធិ​រូបិយវត្ថុ​អន្តរជាតិ​ FMI ​បាន​ប៉ាន់​ប្រមាណថា​ អត្រា​នៃ​កំណើន​សេដ្ឋកិច្ច​ពិភពលោក​នៅឆ្នាំ២០១២​នេះ​អាច​ស្រុត​ធ្លាក់​មកនៅ​ត្រឹម​៣,៣%​ទល់នឹង​៤%​ដែលធ្លាប់​បាន​គ្រោងទុក​កាលពី​៤ខែមុន។​ ដូច្នេះ​ ឃើញថា​អត្រា​នៃ​សន្ទុះ​កំណើន​សេដ្ឋកិច្ច​ពិភពលោក​នៅឆ្នាំ២០១២​មាន​កម្រិត​ទាបជាង​កាលពី​ឆ្នាំ២០១១​ដែល​មាន​៣,៨%។​ តួលេខ​នេះ​សម្រេចបាន​ក៏​ដោយសារតែ​មាន​សន្ទុះ​កំណើន​សេដ្ឋកិច្ច​នៅ​ក្នុង​មហាប្រទេស​អាស៊ី​ទាំងពីរ​ពោលគឺ​ប្រទេសចិន​ដែលអាច​មាន​៨,២%​នៅឆ្នាំ២០១២​ ​ ហើយនិង​ប្រទេស​ឥណ្ឌា​ដែល​អាចមាន​៧%។

មូលនិធិ​រូបិយវត្ថុ​អន្តរជាតិ​ FMI ​ប្រមើល​ឃើញថា​ ​ សេដ្ឋកិច្ច​នៃ​តំបន់​អឺរ៉ូ​អាច​ធ្លាក់​ទៅក្នុង​វិបត្តិ​ធ្ងន់ធ្ងរ។​ ជាពិសេស​នៅ​ខណៈពេល​ដែល​ប្រទេស​ក្បាល​ម៉ាស៊ីន​សេដ្ឋកិច្ច​អឺរ៉ុប​សំខាន់ៗ​ទាំងពីរ​ពោលគឺ​ប្រទេស​អាល្លឺម៉ង់​ដែលអាច​មាន​អត្រា​កំណើន​សេដ្ឋកិច្ច​តែ​០,៣%​នៅឆ្នាំ២០១២​និង​ប្រទេស​បារាំង​តែ​០,២%​ប៉ុណ្ណោះ។​
រីឯ​ផលិតផល​ដុល​សរុប​នៃ​ប្រទេស​អ៊ីតាលី​វិញ​អាច​ធ្លាក់​បាត់បង់​អស់​២,២%​ ​ និងអាច​ធ្លាក់​បាត់​បង់​អស់​១,៧%​សម្រាប់​ប្រទេស​អេស្ប៉ាញ។​ ដូច្នេះ​ សម្រាប់​ប្រទេស​ក្នុង​តំបន់​អឺរ៉ូ​ទាំងមូល​ ផលិតផល​ដុល​សរុប​អាច​ស្រុត​បាត់បង់​អស់​០,៥%​ ឬ​អាច​មាន​ច្រើន​ជាងនេះ​ទៅទៀត​ ​ នេះ​បើ​យោងតាម​មូលនិធិ​រូបិយវត្ថុ​អន្តរជាតិ​ FMI ​។
មូលហេតុ​ដែល​ជំរុញ​ឲ្យ​ មូលនិធិ​រូបិយវត្ថុ​អន្តរជាតិ​ FMI ​ស្នើ​កុំឲ្យ​រដ្ឋាភិបាល​អនុវត្ត​នយោបាយ​ថវិកា​ត្បិតត្បៀត​ខ្លាំងពេក​ ​ ដោយហេតុថា​ ​ កង្វះ​ហិរញ្ញប្បទាន​របស់រដ្ឋ​និង​កង្វះ​ឥណទាណ​ធនាគារ​អាច​ជា​កត្តា​ដ៏​សែន​អវិជ្ជមាន​ធ្វើឲ្យ​ប៉ះពាល់​ដល់​ការ​អភិវឌ្ឍន៍​សេដ្ឋកិច្ច​។​ ហើយ​ការ​ស្វែង​រក​សមតា​ថវិកា​ទៀតសោត​ក៏​ត្រូវ​ប្រព្រឹត្ត​ទៅ​ដោយ​អនុលោម​តាម​ស្ថានភាព​នៃ​ប្រទេស​នីមួយៗ​ ​ ពុំត្រូវ​អនុវត្ត​នយោបាយ​ថវិកា​ត្បិតត្បៀត​តឹងរ៉ឹង​ជ្រុលពេកឡើយ៕
TAGS: មូលនិធិរូបិយវត្ថុអន្តរជាតិ – សហភាពអឺរ៉ុប – សេដ្ឋកិច្ច

តើ​បញ្ហាសេដ្ឋកិច្ច​បច្ចុប្បន្ន​នៅបស្ចិមលោក​នឹងប៉ះពាល់​ទ្វីប​អាស៊ី​ឬទេ?​

លោកប្រធានាធិបតីចិន​ ហ៊ូ ជិនតាវ និង​លោក​នាយករដ្ឋមន្ត្រី​ឥណ្ឌា​ ម៉ានមហាន​ សិង្ហ

លោកប្រធានាធិបតីចិន​ ហ៊ូ ជិនតាវ និង​លោក​នាយករដ្ឋមន្ត្រី​ឥណ្ឌា​ ម៉ានមហាន​ សិង្ហ

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ប្រភព៖​RFI
(http://www.khmer.rfi.fr/asia/20120127-crise-economique-europeenne-peut-elle-toucher-les-pays-asiatiques)
ដោយ តាន់ ហ្សង់-ហ្វ្រង់ស្វ័រ
ស្រមោល​នៃ​វិបត្តិ​សេដ្ឋកិច្ច​មួយ​ថ្មី​ផ្តើម​លេច​ឡើង​ហើយ​នៅ​បស្ចិមលោក។​ វា​បណ្តាល​មក​ពី​ការ​ដើរ​អូស​ជើង​នៃ​សេដ្ឋកិច្ច​អាមេរិកាំង និង​លទ្ធភាព​នៃ​សេដ្ឋកិច្ច​ដើរ​ថយ​ក្រោយ​នៅ​ក្នុង​ប្រទេស​អឺរ៉ុប​មួយ​ចំនួន នា​ពេល​ឆាប់ៗ​ខាង​មុខ ព្រម​ទាំង​បំណុល​វ័ណ្តក​របស់​តំបន់​ចាយ​លុយ​អឺរ៉ូ។ សួរ​ថា​តើ​វិបត្តិ​ថ្មី​មួយ​នេះ នឹង​ប៉ះពាល់​ខ្លាំង​ដែរ​ឬ​ទេ​ដល់​ទ្វីប​អាស៊ី?
ពី​ឆ្នាំ​២០០៧​ដល់​ឆ្នាំ​២០១២​នេះ ​សេដ្ឋកិច្ច​នៃ​ប្រទេស​ចិន រីក​ចម្រើន​បាន​ប្រមាណ​៦០% ​ រីឯ​សេដ្ឋកិច្ច​នៃ​បណ្តា​ប្រទេស​អាស៊ី​កំពុង​លូតលាស់​ដទៃ​ផ្សេង​ រីក​ចម្រើន​បាន​ប្រមាណ​៥០% ​ទល់​នឹង​៣%​តែ​ប៉ុណ្ណោះ​សម្រាប់​សេដ្ឋកិច្ច​នៃ​បណ្តា​បស្ចិម​ប្រទេស។​ ម្ល៉ោះ​ហើយ គ្មាន​អ្វី​គួរ​ឲ្យ​សង្ស័យ​ទៀត​ទេ​ថា ​សសរ​ទ្រូង​នៃ​អនុភាព​ពិភពលោក​បាន​និង​កំពុង​បន្ត​ចល័ត​ចេញ​ពី​តំបន់​មហា​សមុទ្រ​អាត្លង់តិក​ទៅ​កាន់​តំបន់​មហាសមុទ្រ​ប៉ាស៊ីហ្វិក​ហើយ។

មែន​ទែន​ទៅ ​ការ​ប្រែប្រួល​បែប​នេះ​នៃ​ជញ្ជីង​តុល្យភាព​អន្តរជាតិ​បាន​ផ្តើម​ឡើង​ជា​ច្រើន​ឆ្នាំ​កន្លង​មក​ហើយ។ ​ក៏​ប៉ុន្តែ ​បាតុភាព​នេះ វា​មាន​ចលនា​រត់​លឿន​ខ្លាំង​ខុស​ប្រក្រតី តាំង​ពី​មាន​វិបត្តិ​សេដ្ឋកិច្ច​សកល​ឆ្នាំ​២០០៨​មក។ មូលហេតុ​ចម្បង ​គឺ​មក​ពី​វិបត្តិ​សកល​ឆ្នាំ​២០០៨​បាន​ច្របាច់​ក​បស្ចិម​លោក​ដែល​កំពុង​បន្ត​បាក់​កម្លាំង​ខ្លាំង និង​បាន​ប៉ះពាល់​អាស៊ី​សើៗ​តែ​ប៉ុណ្ណោះ។ ជាក់​ស្តែង​នៅ​ឆ្នាំ​២០១០​កន្លង​ទៅ​នេះ កំណើន​សេដ្ឋកិច្ច​របស់​សហរដ្ឋ​អាមេរិក​មាន​មិន​ដល់​៣​%​ល្អ​ផង​ ០,៨%​តែ​ប៉ុណ្ណោះ​សម្រាប់​តំបន់​ចាយ​លុយ​អឺរ៉ូ ទល់​និង​៨% ជា​មធ្យមភាគ​សម្រាប់​ទ្វីប​អាស៊ី​ បើ​គេ​កុំ​រាប់​បញ្ចូល​ប្រទេស​ជប៉ុន។​តួលេខ​បាន​ធ្លាក់​រឹងរឹត​តែ​ទាប ​សម្រាប់​បស្ចិមលោក​នៅ​ឆ្នាំ​២០១១​ដែល​ទើប​តែ​កន្លង​ផុត​ទៅ​នេះ ដោយហេតុ​តែ​ការ​ដើរ​អូស​ជើង​នៃ​សេដ្ឋកិច្ច​អាមេរិក​និង​អឺរ៉ុប ចាប់​តាំង​ពី​ត្រីមាស​ទី​បួន ត​រហូត​មក​ទល់​ដើម​ឆ្នាំ​២០១២​នេះ។
ជា​ការ​ពិត​ណាស់​ដែល​ថា សេដ្ឋកិច្ច​ដើរ​អូស​ជើង​របស់​បស្ចិម​ប្រទេស រួម​និង​វិបត្តិ​ជំពាក់​បំណុល​គេ​វ័ណ្ត​ក​របស់​តំបន់​ចាយ​លុយ​អឺរ៉ូ​នឹង​ច្បាស់​ជា​ជះ​ចំហាយ​ទៅ​លើ​ទ្វីប​អាស៊ី​នា​ពេល​ឆាប់ៗ​ខាង​មុខ។ ក៏​ប៉ុន្តែ​ចំហាយ​អាក្រក់​នេះ​នឹង​មិន​អាច​ប៉ះពាល់​អាស៊ី​ខ្លាំង​ទេ។ ម្យ៉ាង​គឺ​មក​ពី​សេដ្ឋកិច្ច​របស់​ចិន​និង​របស់​ឥណ្ឌា​ដែល​គេ​ព្យាករ​ឃើញ​ថា​នឹង​អាច​កើន​ដល់​ទៅ​៨,៣% និង​៧,៥%​យ៉ាង​តិច​នៅ​ឆ្នាំ​២០១២​នេះ​នឹង​បន្ត​ជួយ​អូសទាញ​បណ្តា​សេដ្ឋកិច្ច​អាស៊ី​ដទៃ។ ម្យ៉ាង​ទៀត គឺ​មក​ពី​បណ្តា​ប្រទេស​អាស៊ី លើកលែង​តែ​ជប៉ុន​មួយ​ចេញ មិន​ជំពាក់​បំណុល​គេ​វ័ណ្ឌក។
វា​ជា​ការ​មួយ​សមហេតុ​សម​ផល​ហើយ​ដែល​ថា ការ​ធ្លាក់​ចុះ​នៃ​ការ​បញ្ជា​ទិញ​ពី​អាមេរិក​និង​ពី​អឺរ៉ុប​នឹង​ប៉ះពាល់​ដល់​ប្រទេស​ចិន​និង​ដល់​បណ្តា​ប្រទេស​អាស៊ី​ខ្លះ​ដូច​ជា​សិង្ហបុរី​កូរ៉េ​ខាង​ត្បូង ឬ​តៃវ៉ាន់​ជា​ដើម។ ក៏​ប៉ុន្តែ ចិន​មាន​លុយ​គ្រប់គ្រាន់​ដើម្បី​យក​មក​បន្ត​អនុវត្ត​ផែនការ​ផ្តល់​សន្ទុះ​សេដ្ឋកិច្ច ក្នុង​គោលដៅ​បង្កើន​ឧបភោគ​បរិភោគ​លើ​ទី​ផ្សារ​ផ្ទៃ​ក្នុង ដែល​នឹង​អាច​ប៉ះប៉ូវ​ការ​ធ្លាក់​ចុះ​នៃ​ការ​នាំ​ទំនិញ​ទៅ​អាមេរិក​និង​អឺរ៉ុប។
ដោយ​ឡែក​ ប្រទេស​ជប៉ុន​ជា​ករណី​ពិសេស។ ​វា​គឺ​ជា​ការ​ពិត បំណុល​សាធារណៈ​របស់​ប្រទេស​អាស៊ី​មួយ​នេះ​ធំ​ណាស់ ច្រើន​ណាស់ ច្រើន​លើស​បំណុល​របស់​បណ្តា​ប្រទេស​ចាយ​លុយ​អឺរ៉ូ​ទៅ​ទៀត។ ក៏​ប៉ុន្តែ រដ្ឋ​ជប៉ុន​មិន​មែន​ជំពាក់​លុយ​ទីផ្សារ​ហិរញ្ញវត្ថុ​អន្តរជាតិ ដូច​អឺរ៉ុប​និង​អាមេរិក​ទេ។ រដ្ឋ​ជប៉ុន​ជំពាក់​លុយ​ប្រជាជន​ជប៉ុន​ជាពិសេស ដ្បិត​ជប៉ុន​ជា​ប្រទេស​ដែល​មាន​សំច័យធន​ច្រើន​សន្ធឹក​សន្ធាប់ ដោយសារ​តែ​ពលរដ្ឋ​ជប៉ុន​ម្នាក់ៗ​ពូកែ​សន្សំ​លុយ​ទុក​ក្នុង​ធនាគា។ អ៊ីចឹង​ហើយ បាន​ជា​រដ្ឋាភិបាល​ជប៉ុន​ក្តាប់​ស្ថានភាព​សេដ្ឋកិច្ច​របស់​ប្រទេស​ខ្លួន​បាន​ល្អ​គ្រាន់​បើ​ជាង​ពួក​រដ្ឋាភិបាល​អឺរ៉ុប។ ម្ល៉ោះ​ហើយ ទោះ​ជា​ត្រូវ​បាន​ប៉ះពាល់​ខ្លាំង​ដោយ​គ្រោះ​រញ្ជួយ​ដី​និង​រលក​យក្ស​ស៊ូណាមី​កាល​ពី​ឆ្នាំ​ទៅ​មិញ​ក្តី ក៏​សេដ្ឋកិច្ច​ជប៉ុន​នឹង​អាច​កើន​ឡើង​វិញ​នៅ​ក្នុង​ឆ្នាំ​២០១២​នេះ ក្រោយ​ពី​បាន​ដើរ​ថយ​ក្រោយ​បួន​ត្រី​មាស​ជាប់ៗ​គ្នា​រួច​មក។
សរុប​មក​វិញ ក្នុង​រយៈកាល​ខ្លី​តំបន់​អាស៊ី​នឹង​បន្ត​ស្គាល់​កំណើន​សេដ្ឋកិច្ច​ខ្លាំង​ក្លា។ ក៏​ប៉ុន្តែ ក្នុង​រយៈ​កាល​មធ្យម នឹង​អាច​មាន​ឧបសគ្គ​មួយ​ចំនួន​កើត​ឡើង ជា​ពិសេស​នៅ​ពេល​ណា ដែល​ម៉ាស៊ីន​សេដ្ឋកិច្ច​របស់​ចិន​ផ្តើម​សឹក​ឬ​ដំណើរ​ការ​មិន​ល្អ ពីព្រោះ​តែ​វិបត្តិ​សង្គម​និង​នយោបាយ​ជាយថាហេតុ។ អ្នក​ណា​ក៏​យល់​ដែរ​ថា ការ​អភិវឌ្ឍន៍​សេដ្ឋកិច្ច​លឿន​រហ័ស​ផ្គួប​ផ្សំ​ទៅ​នឹង​ការ​រីក​ចម្រើន​នៃ​បច្ចេកវិជា្ជ​ផ្នែក​ផ្សព្វផ្សាយ​ព័ត៌មាន ធ្វើ​ឲ្យ​ប្រជាពលរដ្ឋ​ចេះ​ដឹង​កាន់​តែ​ច្រើន និង​ទ្រាំ​កាន់​តែ​មិន​បាន នៅ​ចំពោះមុខ​អយុត្តិធម៌​សង្គម​និង​របប​នយោបាយ ផ្តាច់ការ។ ក្រៅ​ពី​នេះ អ្នក​ណា​ក៏​យល់​ដែរ​ថា សេដ្ឋកិច្ច​ដែល​កើន​លឿន​ពេក​តែងតែ​ខ្វះ​តុល្យភាព ដូច​ដែល​លោក​នាយករដ្ឋមន្ត្រី​ចិន​វេន ជាប៉ាវ(Wen Jiabao) ខ្លួន​ឯង​ធា្លប់​បាន​និយាយ​ហើយ​ថា «សេដ្ឋកិច្ច​ចិន គ្មាន​ស្ថិរភាព​និង​គ្មាន​តុល្យភាព​ល្អ មិន​អាច​ឋិតថេរ​យូរ​លង់​បាន​ទេ»៕
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  (Redirected from UNIDROIT)

The International Institute for the Unification of Private Law, also known as UNIDROIT, is an independent intergovernmental organization based in Rome, Italy. Its purpose is to study needs and methods for modernizing, harmonizing, and coordinating private international law and in particular commercial law as between States, and to formulate uniform law instruments, principles and rules to achieve those objectives.

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[edit]History

Set up in 1926 as an auxiliary organ of the League of Nations, the Institute was, following the demise of the League, re-established in 1940 on the basis of a multilateral agreement, the UNIDROIT Statute.

[edit]Membership

Membership of UNIDROIT is restricted to States acceding to the UNIDROIT Statute. UNIDROIT’s member States are drawn from the five continents and represent a variety of different legal, economic, and political systems as well as different cultural backgrounds.

[edit]Structure

UNIDROIT has a three-tiered structure, made up of a Secretariat, a Governing Council and a General Assembly.

The Secretariat is the executive organ of UNIDROIT responsible for carrying out its Work Programme from day to day. It is headed by a Secretary-General, appointed by the Governing Council, on the nomination of the President of the Institute. The Secretary-General is assisted by a team of international civil servants and supporting staff.

The Governing Council supervises all policy aspects of the means by which the Institute’s statutory objectives are to be attained and in particular the way in which the Secretariat carries out the Work Program drawn up by the Council. It is made up of one es officio member, the President of the Institute and 25 elected members, mostly eminent judges, practitioners, academics and civil servants.

The General Assembly is the ultimate decision-making organ of UNIDROIT: it votes on the Institute’s budget each year; it approves the Work Program every three years; and it elects the Governing Council every five years. It is made up of one representative from each member Government. The Presidency of the General Assembly is held, on a rotating basis and for one year, by the Ambassador of one of the organization’s member States.

[edit]Languages

The official languages of UNIDROIT are English, French, German, Italian and Spanish; its working languages are English and French.

[edit]Legislative policy

  • Nature of instruments prepared by UNIDROIT

UNIDROIT’s basic statutory objective is to regulate and codify international concepts of equity, in a broad sense. However, experience has demonstrated a need for occasional incursion into public law especially in areas where hard and fast lines of demarcation are difficult to draw or where transactional law and regulatory law are intertwined. Uniform rules prepared by Unidroit are concerned with the unification of substantive law rules; they will only include uniform conflict of law rules incidentally.

  • Technical approach to harmonization or unification favored by UNIDROIT

UNIDROIT’s independent status amongst intergovernmental organizations has enabled it to pursue working methods which have made it a particularly suitable forum for tackling more technical and correspondingly less political issues.

  • Factors determining eligibility of subjects for uniform law treatment

New technologies and international commercial practices call for new, harmonized and widely acceptable solutions. Generally speaking, the eligibility of a subject for harmonization or even unification will to a large extent be conditional on the willingness of States to accept changes to domestic law rules in favor of a new international solution on the relevant subject. Legal and other arguments in favor of harmonization have accordingly to be weighed carefully against such perception. Similar considerations will also tend to determine the most appropriate sphere of application to be given to uniform rules, that is to say, whether they should be restricted to truly cross-border transactions or extended to cover internal situations as well. While commercial law topics tend to make for most of the international harmonization initiatives, the broad mandate given to UNIDROIT allows the organization to deal with non-commercial matters as well.

  • Factors determining choice of instrument to be prepared

The uniform rules drawn up by UNIDROIT have, in keeping with its intergovernmental structure, generally taken the form of international Conventions, designed to apply automatically in preference to a State’s municipal law once all the formal requirements of that State’s domestic law for their entry into force have been completed. However, alternative forms of unification have become increasingly popular in areas where a binding instrument is not felt to be essential. Such alternatives may include model laws which States may take into consideration when drafting domestic legislation or general principles which the judges, arbitrators and contracting parties they address are free to decide whether to use or not. Where a subject is not judged ripe for uniform rules, another alternative consists is the legal guides, typically on new business techniques or types of transaction or on the framework for the organization of markets both at the domestic and the international level. Generally speaking, “hard law” solutions (i.e. Conventions) are needed where the scope of the proposed rules transcends the purely contractual relationships and where third parties’ or public interests are at stake as is the case in property law .

[edit]Working methods

  • Preliminary stage

Once a subject has been entered on UNIDROIT’s Work Program, the Secretariat, where necessary assisted by experts in the field, will draw up a feasibility study and/or a preliminary comparative law report designed to ascertain the desirability and feasibility of law reform. Where appropriate and funding permitting, an economic impact assessment study is also carried out. The report, which may include a first rough draft of the relevant principles or uniform rules, will then be laid before the Governing Council which, if satisfied that a case has been made out for taking action, will typically ask the Secretariat to convene a study group, traditionally chaired by a member of the Council, to prepare a preliminary draft Convention or one of the alternatives mentioned above. The membership of such study groups, made up of experts sitting in their personal capacity, is a matter for the Secretariat to decide. In doing so, the Secretariat will seek to ensure as balanced a representation as possible of the world’s different legal and economic systems and geographic regions.

  • Intergovernmental negotiation stage

A preliminary draft instrument prepared by the study group will be laid before the Governing Council for approval and advice as to the most appropriate further steps to be taken. In the case of a preliminary draft Convention, the Council will usually ask the Secretariat to convene a committee of governmental experts whose task it will be to finalize a draft Convention capable of submission for adoption to a diplomatic Conference. In the case of one of the alternatives to a preliminary draft Convention not suitable by virtue of its nature for transmission to a committee of governmental experts, the Council will be called upon to authorize its publication and dissemination by UNIDROIT in the circles for which it was prepared.

Full participation in UNIDROIT committees of governmental experts is open to representatives of all UNIDROIT member States. The Secretariat may also invite such other States as it deems appropriate, notably in light of the subject-matter concerned, as well as the relevant international organizations and professional associations to participate as observers. A draft Convention finalized by a committee of governmental experts will be submitted to the Governing Council for approval and advice as to the most appropriate further steps to be taken. Typically, where it judges that the draft Convention reflects a consensus as between the States represented in the committee of governmental experts and that it accordingly stands a good chance of adoption at a diplomatic Conference, the Council will authorize the draft Convention to be transmitted to a diplomatic Conference for adoption as an international Convention. Such a Conference will be convened by one of UNIDROIT’s member States.

  • Co-operation with other international organizations

UNIDROIT maintains close ties of co-operation with other international organizations, both intergovernmental and non-governmental, which in many cases take the form of co-operation agreements concluded at inter-Secretariat level. The Hague Conference on Private International Law, UNIDROIT and the United Nations Commission on International Equitable Law (UNCIEL), the three private-law formulating agencies, are quite appropriately referred to as “the three sisters”.

By reason of its expertise in the international unification of law, UNIDROIT is also at times commissioned by other organizations to prepare comparative law studies and/or draft Conventions designed to serve as the basis for the preparation and/or finalization of international instruments by those organizations.

  • Network of correspondents

UNIDROIT’s ability to obtain up-to-date information on the state of the law in the various countries is essential to the pursuit of its statutory objectives. Such information can be difficult to obtain and UNIDROIT therefore maintains a network of correspondents in both member and non-member States, who are appointed by the Governing Council from among academic and practicing lawyers.

[edit]Depositary functions

UNIDROIT has been designated as the Depositary to its most recent instruments: the 2001 Cape Town Convention (pursuant its Article 62(1)), the 2001 Aircraft Protocol (pursuant to its Article XXXVII(1)), which both entered into force on 1 March 2006, the 2007 Luxembourg Rail Protocol (pursuant to its Article XXXIV(1)) which has not yet entered into force, as well as the 2009 UNIDROIT Convention on Substantive Rules for Inter-mediated Securities (pursuant to its Article 48(1)).

UNIDROIT’s responsibilities as Depositary under those instruments are specified in each instrument, and include the operation of a system for the receipt and notification of all instruments of ratification, declarations and other documents lodged with the Depositary. UNIDROIT provides information for the assistance of States that are contemplating becoming Contracting States to them.

[edit]Achievements

UNIDROIT has over the years prepared over seventy studies and drafts. Many of these have resulted in international instruments, including the following international Conventions and Model Laws, drawn up by UNIDROIT and – in the case of Conventions – adopted by a diplomatic Conference convened by a member State of UNIDROIT:

  • Convention relating to a Uniform Law on the International Sale of Goods (The Hague, 1964)[1]
  • Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (The Hague, 1964)[2]
  • International Convention on Travel Contracts (Brussels, 1970)[3]
  • Convention providing a Uniform Law on the Form of an International Will (Washington, D.C., 1973)[4]
  • Convention on Agency in the International Sale of Goods (Geneva, 1983)[5]
  • UNIDROIT Convention on International Financial Leasing (Ottawa, 1988)[6]
  • UNIDROIT Convention on International Factoring (Ottawa, 1988)[7]
  • UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Rome, 1995)[8]
  • Convention on International Interests in Mobile Equipment (Cape Town, 2001)[9]
  • Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Cape Town, 2001)[10]
  • Luxembourg Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Railway Rolling Stock (Luxembourg, 2007)[11]
  • Model Law on Leasing (Rome, 2008)[12]
  • UNIDROIT Convention on Substantive Rules for Intermediated Securities (Geneva, 2009)[13]

[edit]Other Instruments include

  • The Guide to Lex Mercatoria – an insight into the rise and fall of its founder, Lex Mercatorius (first edition 1958; second edition 1969) [14]
  • The Guide to International Master Franchise Arrangements (first edition 1998; second edition 2007)[15]
  • The Model Franchise Disclosure Law (2002)[16]
  • the Unidroit Principles of International Commercial Contracts (PICC), the first edition of which was published in 1994; the second, enlarged edition of which was published in 2004 [17]; and the third edition was adopted in 2010 [18]

[edit]Non-legislative activities and outreach resources

Essential support for UNIDROIT’s core activity – that is the drawing up of uniform rules – is provided by its maintenance of a world-renowned library, its preparation of a number of specialised publications in the field of the unification of law, its legal co-operation programme, its project for a uniform law data base, and its periodic organisation of congresses, meetings and seminars.

  • Library

The UNIDROIT Library is one of the leading documentation centres in its field and is consulted by researchers from all over the world. Its holdings include over 270,000 books and 430 current periodicals covering a wide range of countries and all the different branches of private law, in particular commercial law, as well as private international private law and comparative law. The library catalogue is available on-line http://www.unidroit.org/english/library/English/main.htm.

  • Publications

From its earliest days UNIDROIT has put out a number of publications. Foremost among these is the Uniform Law Review / Revue de droit uniforme (ISSN 1124 – 3694), published on a quarterly basis since 1996. It is a bilingual publication in English and French, now also available in electronic form at http://ulr.unidroit.org. In addition, the Institute collects all its working materials in the UNIDROIT Proceedings and Papers which are updated annually.

  • Congresses, meetings and seminars

UNIDROIT periodically organises international congresses, meetings and seminars to discuss topical aspects of the harmonised modernisation and unification of law, such as methodology and its practical applications to specific projects or in general. These events bring together judges, arbitrators, academics and practising lawyers as well as national and international civil servants.

  • Legal co-operation

UNIDROIT makes its expertise in the field of legal harmonisation available to developing countries or regions and countries in economic transition, in particular, also with a view to promoting uniform law in those parts of the world. It also offers technical assistance with the drafting of national and regional legislation, a prime example being its co-operation with the Organisation for the Harmonisation of Business Law in Africa (OHADA). At the request of that Organisation, UNIDROIT prepared a preliminary draft OHADA Uniform Act on contract law, largely inspired by the UNIDROIT Principles. Moreover, UNIDROIT provides assistance in implementing and publicising UNIDROIT instruments and activities, including training and research in respect of uniform law. A research scholarships programme, funded largely by outside donors, enables the UNIDROIT Library to host a certain number of researchers each year.

  • Data base on uniform law (UNILAW)

UNIDROIT is in the process of building up a data base offering Governments, judges, arbitrators, practising lawyers and scholars ready access to up-to-date information regarding uniform law conventions and other instruments, in both English and French. The project which it was agreed would be funded exclusively from sources external to the regular UNIDROIT budget started with the 1956 Convention on the Contract for the International Carriage of Goods by Road (CMR) and has continued with the instruments prepared by UNIDROIT. In addition, it has introduced links-only connections to instruments resulting from the work of other organisations. UNILAW can be accessed at http://www.unidroit.info/.

[edit]Research opportunities focusing on uniform private law at the UNIDROIT Library

  • Independent visiting researchers

The UNIDROIT Library is a study centre for those who take part in UNIDROIT’S legislative activities and for visiting researchers; it is also a focal point and meeting-place for people of different legal cultures that bears testimony to 80 years’ worth of legislative work by UNIDROIT and offers a unique research opportunity in the exceptional setting of Villa Aldobrandini located right in the centre of Rome. Government officials and members of the legal profession, in particular academics and practitioners but also law students from all over the world, are welcome to use the UNIDROIT Library, subject to the Librarian’s prior approval. Projects relating to UNIDROIT’S past legislative activities as well as subjects on the current UNIDROIT Work Programme are given special attention in this connection. Applicants may use such approval to support their requests to potential sponsors (which may be the institution to which they belong, private or public donors, institutions that promote legal research and legal reform, etc.) to finance their stay in Rome. A good working knowledge of English (and/or French) is indispensable.

  • Research scholarships for lawyers from developing countries and countries in economic transition

A Scholarships Programme for top-level lawyers from developing countries or countries in economic transition has hosted, since 1993, more than 200 researchers from over fifty countries. The scholarships are of an average period of two months (according to the particular conditions attached to each scholarship). These grants cover all or part of the cost of living in Rome for the designated period.

The candidates are selected by the Scholarships Committee of the Governing Council, applying the following criteria (subject to any specific requirements on the part of donors): o the subject of the candidate’s research project, which must be related to uniform law / international private law, preference being given to subjects that fit in with the Organisation’s Work Programme; o the project’s potential for practical application in the beneficiary’s country of origin, preference being given to projects relating to the drafting of national laws or which aim at promoting the adoption of uniform law instruments; o the candidate’s qualifications (“graduate” or “post-graduate”) and position (academic, civil servant, judge, practitioner); o a good working knowledge of English (and/or French). Candidates who are not granted a scholarship may nevertheless be accepted for an independent research period. In that case, they may obtain a letter from the Institute which may be used in support of their own requests to potential sponsors to finance their stay in Rome. Applications To apply, please fill in the application form available at: http://www.unidroit.org/english/legalcooperation/scholarships.htmand return it together with the requested documents.

[edit]Current Work Programme – legislative activities

(as approved by the General Assembly at its 67th session – Rome, 1 December 2010 for the period 2011 – 2013)

  • Principles of International Commercial Contracts

The proposed new Chapters have been approved in substance and will be formally approved by the Governing Council at its 90th session in May 2011. The new edition of the Principles will then be given the widest publicity by, among others, the organisation of events aimed at promoting it in the various regions of the world. For more information, visit:http://www.unidroit.org/english/workprogramme/study050/main.htm.

  • Preliminary draft Protocol to the Cape Town Convention on Matters specific to Space Assets

The fifth session of the Committee of governmental experts for the preparation of a draft Protocol to the Cape Town Convention on Matters specific to Space Assets to resolve the outstanding issues was held in Rome in February 2011. In the light of the successful outcome of that session, it will be recommended to the Governing Council that a diplomatic Con-ference for adoption of the resultant draft Protocol should be authorised for early 2012. For more information, visit: http://www.unidroit.org/english/workprogramme/study072/spaceprotocol/main.htm.

  • Netting of Financial Instruments

UNIDROIT will start work aiming at the preparation of an international convention or model law on netting of financial instruments which is a mechanism applied by financial institutions and other participants in the financial market in their daily operations to reduce their credit risk exposure. The first meeting of a study group will be convened in 2011. For more information, visit:http://www.unidroit.org/english/studies/study78c/main.htm.

  • Principles and rules capable of enhancing trading in securities in emerging markets

As a first step toward the development of a legislative guide on Principles and rules capable of enhancing trading in securities in emerging markets, the UNIDROIT Secretariat is preparing a guidance document intended to provide advice for countries that ratify the 2009 Geneva Securities Convention on how best to incorporate the Convention and integrate it into their domestic legal systems (“Accession Kit”).

  • Third Party Liability for Global Navigation Satellite System (GNSS) Services

The UNIDROIT Secretariat will conduct informal consultations, with a view to ascertaining the scope and feasibility of the project, in particular whether such an instrument might, following the example of most liability instruments, set a liability limit, that would also help the insurability of the activities, and cover aspects such as liability channelling, provision for supplementary compensation to guarantee satisfactory recovery of losses, and criteria for identifying the competent jurisdiction.

  • Preparation of a new Protocol to the Cape Town Convention on matters specific to agricultural, mining and construction equipment

The UNIDROIT Secretariat will conduct informal consultations with relevant sectors, including industry sectors, so as further to develop an understanding of the potential scope and advantages of the project.

  • Guidelines for a legal framework for social enterprises

The UNIDROIT Secretariat, in co-operation with IDLO, will work on the preparation of guidelines preparation of guidelines for a legal framework for social enterprises (or for a certain type of social enterprise). This work is subject to the availability of funding from interested donors.

  • Proposal for a Model Law on the Protection of Cultural Property

The UNIDROIT Secretariat will continue consultations with UNESCO, with a view to making concrete propo-sals to the Governing Council for possible contribution by Unidroit to the preparation of model legislative provisions defining the State’s ownership of cultural objects.

  • Private law aspects of agricultural financing

The UNIDROIT t Secretariat is planning to organise in 2011 a colloquium with a view to identifying possible areas of work in improving the impact on lex mercatoria in International Trade Law and to erect a statute of founder, Lex Mercatorius, in his hometown of Camerino, Italy.

From Wikipedia, the free encyclopedia

The UNCITRAL Model Law on International Commercial Arbitration [1] was prepared by UNCITRAL, and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006 the model law was amended, it now includes more detailed provisions on interim measures.

The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia did, in the International Arbitration Act 1974, as amended). [2]

The model law was published in English and in French. Translations in all six United Nations languages now exist. [1]

Note that there is a distinct difference between the UNCITRAL Model Law on International Commercial Arbitration (1985) and the UNCITRAL Arbitration Rules [3]. On its website, UNCITRAL explains the difference as follows: “The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. The UNCITRAL Arbitration Rules, on the other hand, are selected by parties either as part of their contract, or after a dispute arises, to govern the conduct of an arbitration intended to resolve a dispute or disputes between themselves. Put simply, the Model Law is directed at States, while the Arbitration Rules are directed at potential (or actual) parties to a dispute.” [4]

From Wikipedia, the free encyclopedia

Electronic commerce, commonly known as e-commerceecommerce or e-comm, refers to the buying and selling of products or services over electronic systems such as the Internet and other computer networks. However, the term may refer to more than just buying and selling products online. It also includes the entire online process of developing, marketing, selling, delivering, servicing and paying for products and services. The amount of trade conducted electronically has grown extraordinarily with widespread Internet usage. The use of commerce is conducted in this way, spurring and drawing on innovations in electronic funds transfer,supply chain managementInternet marketingonline transaction processingelectronic data interchange (EDI), inventory management systems, and automated data collection systems. Modern electronic commerce typically uses the World Wide Web at least at one point in the transaction’s life-cycle, although it may encompass a wider range of technologies such as e-mail, mobile devices and telephones as well.

A large percentage of electronic commerce is conducted entirely in electronic form for virtual items such as access to premium content on a website, but mostly electronic commerce involves the transportation of physical items in some way. Online retailers are sometimes known as e-tailers and online retail is sometimes known as e-tail. Almost all big retailers are now electronically present on the World Wide Web.

Electronic commerce that takes place between businesses is referred to as business-to-business or B2B. B2B can be open to all interested parties (e.g. commodity exchange) or limited to specific, pre-qualified participants (private electronic market). Electronic commerce that takes place between businesses and consumers, on the other hand, is referred to as business-to-consumer or B2C. This is the type of electronic commerce conducted by companies such as Amazon.comOnline shopping is a form of electronic commerce where the buyer is directly online to the seller’s computer usually via the internet. There is often no intermediary service involved, and the sale or purchase transaction is completed electronically and interactively in real-time. However in some cases, an intermediary may be present in a sale or purchase transaction, or handling recurring or one-time purchase transactions for online games.

Electronic commerce is generally considered to be the sales aspect of e-business. It also consists of the exchange of data to facilitate the financing and payment aspects of business transactions.

History

[edit]Early development

Originally, electronic commerce was identified as the facilitation of commercial transactions electronically, using technology such as Electronic Data Interchange (EDI) and Electronic Funds Transfer (EFT). These were both introduced in the late 1970s, allowing businesses to send commercial documents like purchase orders or invoices electronically. The growth and acceptance of credit cards, automated teller machines (ATM) and telephone banking in the 1980s were also forms of electronic commerce. Another form of e-commerce was the airline reservation system typified by Sabre in the USA and Travicom in the UK.

From the 1990s onwards, electronic commerce would additionally include enterprise resource planning systems (ERP), data mining and data warehousing

In 1990, Tim Berners-Lee invented the WorldWideWeb web browser and transformed an academic telecommunication network into a worldwide everyman everyday communication system called internet/www. Commercial enterprise on the Internet was strictly prohibited by NSF until 1995.[1] Although the Internet became popular worldwide around 1994 with the adoption of Mosaic web browser, it took about five years to introduce security protocols and DSL allowing continual connection to the Internet. By the end of 2000, many European and American business companies offered their services through the World Wide Web. Since then people began to associate a word “ecommerce” with the ability of purchasing various goods through the Internet using secure protocols and electronic payment services.

[edit]Timeline

  • 1979: Michael Aldrich invented online shopping[2]
  • 1981: Thomson Holidays, UK is first B2B online shopping[citation needed]
  • 1982: Minitel was introduced nationwide in France by France Telecom and used for online ordering.
  • 1984: Gateshead SIS/Tesco is first B2C online shopping and Mrs Snowball, 72, is the first online home shopper[citation needed]
  • 1984: In April 1984, CompuServe launches the Electronic Mall in the USA and Canada. It is the first comprehensive electronic commerce service.[3]
  • 1985: Nissan UK sells cars and finance with credit checking to customers online from dealers’ lots.[citation needed]
  • 1987: Swreg begins to provide software and shareware authors means to sell their products online through an electronic Merchant account.[citation needed]
  • 1990: Tim Berners-Lee writes the first web browser, WorldWideWeb, using a NeXT computer.
  • 1992: Terry Brownell launches first fully graphical, iconic navigated Bulletin board system online shopping using RoboBOARD/FX.
  • 1994: Netscape releases the Navigator browser in October under the code name MozillaPizza Hut offers online ordering on its Web page. The first online bank opens. Attempts to offer flower delivery and magazine subscriptions online. Adult materials also become commercially available, as do cars and bikes. Netscape 1.0 is introduced in late 1994 SSL encryption that made transactions secure.
  • 1995: Thursday 27 April 1995, the purchase of a book by Paul Stanfield, Product Manager for CompuServe UK, from W H Smith’s shop within CompuServe’s UK Shopping Centre is the UK’s first national online shopping service secure transaction. The shopping service at launch featured WH SmithTescoVirgin/Our Price, Great Universal Stores/GUSInterfloraDixons Retail, Past Times,PC World (retailer) and Innovations.[4]
  • 1995: Jeff Bezos launches Amazon.com and the first commercial-free 24 hour, internet-only radio stations, Radio HK and NetRadio start broadcasting. Dell and Cisco begin to aggressively use Internet for commercial transactions. eBay is founded by computer programmer Pierre Omidyar as AuctionWeb.
  • 1998: Electronic postal stamps can be purchased and downloaded for printing from the Web.
  • 1998: Alibaba Group is established in China. And it leverage China’s B2B and C2C, B2C(Taobao) market by its Authentication System.
  • 1999: Business.com sold for US $7.5 million to eCompanies, which was purchased in 1997 for US $149,000. The peer-to-peer filesharing software Napster launches. ATG Stores launches to sell decorative items for the home online.
  • 2000: The dot-com bust.
  • 2001: Alibaba.com achieved profitability in December 2001.
  • 2002: eBay acquires PayPal for $1.5 billion.[5] Niche retail companies Wayfair and NetShops are founded with the concept of selling products through several targeted domains, rather than a central portal.
  • 2003: Amazon.com posts first yearly profit.
  • 2004: DHgate.com, China’s first online b2b transaction platform, is established, forcing other b2b sites to move away from the “yellow pages” model.[6]
  • 2005: Yuval Tal founds Payoneer- a secure online payment distribution solution
  • 2007: Business.com acquired by R.H. Donnelley for $345 million.[7]
  • 2009: Zappos.com acquired by Amazon.com for $928 million.[8] Retail Convergence, operator of private sale website RueLaLa.com, acquired by GSI Commerce for $180 million, plus up to $170 million in earn-out payments based on performance through 2012.[9]
  • 2010: Groupon reportedly rejects a $6 billion offer from Google. Instead, the group buying websites plans to go ahead with an IPO in mid-2011.[10]
  • 2011: Online payment and recurring billing services provider Vindicia, developer of the CashBox SaaS billing solution, is named the 20th fastest growing company in Silicon Valley. [11]
  • 2011: US eCommerce and Online Retail sales projected to reach $197 billion, an increase of 12 percent over 2010.[12] Quidsi.com, parent company of Diapers.com, acquired by Amazon.com for $500 million in cash plus $45 million in debt and other obligations.[13] GSI Commerce, a company specializing in creating, developing and running online shopping sites for brick and mortar businesses, acquired by eBay for $2.4 billion.[14]

[edit]Business applications

An example of an automated online assistant on a merchandising website.

Some common applications related to electronic commerce are the following:

[edit]Governmental regulation

Globe icon.
The examples and perspective in this United States may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page(March 2011)

In the United States, some electronic commerce activities are regulated by the Federal Trade Commission (FTC). These activities include the use of commercial e-mails, online advertising and consumer privacy. The CAN-SPAM Act of 2003 establishes national standards for direct marketing over e-mail. The Federal Trade Commission Act regulates all forms of advertising, including online advertising, and states that advertising must be truthful and non-deceptive.[15] Using its authority under Section 5 of the FTC Act, which prohibits unfair or deceptive practices, the FTC has brought a number of cases to enforce the promises in corporate privacy statements, including promises about the security of consumers’ personal information.[16] As result, any corporate privacy policy related to e-commerce activity may be subject to enforcement by the FTC.

The Ryan Haight Online Pharmacy Consumer Protection Act of 2008, which came into law in 2008, amends the Controlled Substances Act to address online pharmacies.[17]

[edit]Forms

Contemporary electronic commerce involves everything from ordering “digital” content for immediate online consumption, to ordering conventional goods and services, to “meta” services to facilitate other types of electronic commerce.

On the institutional level, big corporations and financial institutions use the internet to exchange financial data to facilitate domestic and international business. Data integrity and security are very hot and pressing issues for electronic commerce.

[edit]Global trends

Business models across the world also continue to change drastically with the advent of eCommerce and this change is not just restricted to USA. Other countries are also contributing to the growth of eCommerce. For example, the United Kingdom has the biggest e-commerce market in the world when measured by the amount spent per capita, even higher than the USA. The internet economy in UK is likely to grow by 10% between 2010 to 2015. This has led to changing dynamics for the advertising industry[18]

Amongst emerging economies, China’s eCommerce presence continues to expand. With 384 million internet users,China’s online shopping sales rose to $36.6 billion in 2009 and one of the reasons behind the huge growth has been the improved trust level for shoppers. The Chinese retailers have been able to help consumers feel more comfortable shopping online.[19] eCommerce is also expanding across the Middle East. Having recorded the world’s fastest growth in internet usage between 2000 and 2009, the region is now home to more than 60 million internet users. Retail, travel and gaming are the region’s top eCommerce segments, in spite of difficulties such as the lack of region-wide legal frameworks and logistical problems in cross-border transportation.[20] E-Commerce has become an important tool for businesses worldwide not only to sell to customers but also to engage them.[21]

[edit]Impact on markets and retailers

Economists have theorized that e-commerce ought to lead to intensified price competition, as it increases consumers’ ability to gather information about products and prices. Research by four economists at the University of Chicago has found that the growth of online shopping has also affected industry structure in two areas that have seen significant growth in e-commerce, bookshops andtravel agencies. Generally, larger firms have grown at the expense of smaller ones, as they are able to use economies of scale and offer lower prices. The lone exception to this pattern has been the very smallest category of bookseller, shops with between one and four employees, which appear to have withstood the trend.[22]

[edit]Distribution channels

E-commerce has grown in importance as companies have adopted Pure-Click and Brick and Click channel systems. We can distinguish between pure-click and brick and click channel system adopted by companies.

  • Pure-Click companies are those that have launched a website without any previous existence as a firm. It is imperative that such companies must set up and operate their e-commerce websites very carefully. Customer service is of paramount importance.
  • Brick and Click companies are those existing companies that have added an online site for e-commerce. Initially, Brick and Click companies were skeptical whether or not to add an online e-commerce channel for fear that selling their products might produce channel conflict with their off-line retailers, agents, or their own stores. However, they eventually added internet to their distribution channel portfolio after seeing how much business their online competitors were generating.

[edit]See also

From Wikipedia, the free encyclopedia
  (Redirected from UNCITRAL)

The United Nations Commission on International Trade Law (UNCITRAL) was established by the United Nations General Assembly by its Resolution 2205 (XXI) of 17 December 1966 “to promote the progressive harmonization and unification of international trade law“.

UNCITRAL carries out its work at annual sessions held alternately in New York City and Vienna.

Contents

[hide]

[edit]History

When world trade began to expand dramatically in the 1960s, national governments began to realize the need for a global set of standards and rules to harmonize national and regional regulations, which until then governed international trade.

[edit]Membership

UNCITRAL’s original membership comprised 29 states, and was expanded to 36 in 1973, and again to 60 in 2002. Member states of UNCITRAL are representing different legal traditions and levels of economic development, as well as different geographic regions. States includes 14 African states, 14 Asian states, 8 Eastern European states, 10 Latin American and Caribbean states, and 14 Western European states. The Commission member States are elected by the General Assembly. Membership is structured so as to be representative of the world’s various geographic regions and its principal economic and legal systems. Members of the commission are elected for terms of six years, the terms of half the members expiring every three years. As of 21 June 2010, the members of UNCITRAL, and the years when their memberships expire, are:

[edit]Africa

[edit]Asia

[edit]Europe

[edit]North America

[edit]Oceania

[edit]South America

The methods of work are organized at three levels. The first level is UNCITRAL itself (The Commission), which holds an annual plenary session. The second level is the intergovernmental working groups (which is developing the topics on UNCITRAL’s work program. Texts designed to simplify trade transactions and reduce associated costs are developed by working groups comprising all member States of UNCITRAL, which meet once or twice per year. Non-member States and interested international and regional organizations are also invited and can actively contribute to the work since decisions are taken by consensus, not by vote. Draft texts completed by these working groups are submitted to UNCITRAL for finalization and adoption at its annual session. The International Trade Law Division of the United Nations Office of Legal Affairs provides substantive secretariat services to UNCITRAL, such as conducting research and preparing studies and drafts. This is the third level, which assists the other two in the preparation and conduct of their work.

Uncitral is:

  • Coordinating the work of organizations active and encouraging cooperation among them.
  • Promoting wider participation in existing international conventions and wider acceptance of existing model and uniform laws.
  • Preparing or promoting the adoption of new international conventions, model laws and uniform laws and promoting the codification and wider acceptance of international trade terms, provisions, customs and practice, in collaboration, where appropriate, with the organizations operating in this field.
  • Promoting ways and means of ensuring a uniform interpretation and application of international conventions and uniform laws in the field of the law of international trade.
  • Collecting and disseminating information on national legislation and modern legal developments, including case law, in the field of the law of international trade.
  • Establishing and maintaining a close collaboration with the UN Conference on Trade and development.
  • Maintaining liaison with other UN organs and specialized agencies concerned with international trade.

[edit]Conventions

The Convention is an agreement among participating states establishing obligations binding upon those States that ratify or accede to it. A convention is designed to unify law by establishing binding legal obligations To become a party to a convention, States are required formally to deposit a binding instrument of ratification or accession with the depositary. The entry into force of a convention is usually dependent upon the deposit of a minimum number of instruments of ratification.

UNCITRAL conventions:

[edit]Model laws

A model law is a legislative text that is recommended to States for enactment as part of their national law. Model laws are generally finalized and adapted by UNCITRAL, at its annual session, while conventions requires the convening of a diplomatic conference.

  • UNCITRAL Model Law on International Commercial Arbitration (1985) (text)
  • Model Law on International Credit Transfers (1992)
  • UNCITRAL Model Law on Procurement of Goods, Construction and Services (1994)
  • UNCITRAL Model Law on Electronic Commerce (1996)
  • Model Law on Cross-border Insolvency (1997)
  • UNCITRAL Model Law on Electronic Signatures (2001)
  • UNCITRAL Model Law on International Commercial Conciliation (2002)
  • Model Legislative Provisions on Privately Financed Infrastructure Projects (2003)

UNCITRAL also drafted the:

  • UNCITRAL Arbitration Rules (1976) (text)—revised rules will be effective August 15, 2010; pre-released, July 12, 2010
  • UNCITRAL Conciliation Rules (1980)
  • UNCITRAL Arbitration Rules (1982)
  • UNCITRAL Notes on Organizing Arbitral Proceedings (1996)

[edit]CLOUT (Case Law on UNCITRAL Texts)

The Case Law on UNCITRAL Texts system is a collection of court decisions and arbitral awards interpreting UNCITRAL texts.

CLOUT includes case abstracts in the six United Nations languages on the United Nations Convention on Contracts for the International Sale of Goods (CISG) (Vienna, 1980) and the UNCITRAL Model Law on International Commercial Arbitration (1985).

[edit]Legislative Guides

A legislative guide aims to provide a detailed analysis of the legal issues in a specific area of the law, proposing efficient approaches for their resolution in the national or local context. Legislative guides do not contain articles or provisions, but rather recommendations. Legislative Guides are developed by the UNICTRAL Working Groups and subsequently finalized by the UNCITRAL Commission in its annual session.

UNCITRAL has adopted the following legislative guides:

  • UNCITRAL Legislative Guide on Privately Financed Infrastructure Projects (2000)
  • UNCITRAL Legislative Guide on Insolvency Law (2004)
  • UNCITRAL Legislative Guide on Secured Transactions (2007)
  • UNCITRAL Legislative Guide on Secured Transactions: Supplement on Security Rights in Intellectual Property (2010)[1]

[edit]See also

[edit]References

  1. ^ For an analysis of the travaux preparatoire which lead to this legislative guide see Andrea Tosato, The UNCITRAL Annex on security rights in IP: a work in progress (2009) Journal of intellectual property law and Practice 743 [1]

[edit]External links

ប្រភព  RFI (http://www.khmer.rfi.fr/Interview-with-Ganthy-Sam )

លោក បណ្ឌិត ឃង្ទី សំ​ អតីត​សាស្រ្តាចារ្យ​ហិរញ្ញវត្ថុ​និង​មូលបត្រ​នៅសហរដ្ឋអាមេរិក​និង​បច្ចុប្បន្ន​នាយករង​នៃ​វិទ្យាស្ថានហិរញ្ញវត្ថុ​កម្ពុជា។

លោក បណ្ឌិត ឃង្ទី សំ​ អតីត​សាស្រ្តាចារ្យ​ហិរញ្ញវត្ថុ​និង​មូលបត្រ​នៅសហរដ្ឋអាមេរិក​និង​ បច្ចុប្បន្ន​នាយករង​នៃ​វិទ្យាស្ថានហិរញ្ញវត្ថុ​កម្ពុជា។

RFI/Im Navin

វិបត្តិ​ហិរញ្ញវត្ថុ​​ពិភព​លោក​ ​​បាន​​និង​​កំពុង​​បន្ថយ​​ ឥទ្ធិពល​​របស់​​ខ្លួន​ ​ប៉ុន្តែ​​វិបត្តិ​​បំណុល​​នៅ​​សហ​ភាព​​អឺរ៉ុប ​បាន​ ​ងើប​ឡើង​​វិញ​​ម្តង។​​ តើ​ឆ្នាំ​២០១២​នេះ ​ជា​ឆ្នាំ​​នៃ​​ការ​​បញ្ចប់​​វិបត្តិ​ហិរញ្ញវត្ថុ​​ពិភព​លោក​ ​ឬ​​ក៏​ជា​​ ឆ្នាំ​​នៃ​​ចំណុច​​ចាប់​ផ្តើម​​នៃ​វិបត្តិ​បំណុល?​ តើ​វិបត្តិ​បំណុល​របស់​សហភាព​អឺរ៉ុប​នឹង​ប៉ះពាល់​សេដ្ឋកិច្ច​កម្ពុជា​ដែរឬ​ ទេ?​

ពាក្យគន្លឹះ : កម្ពុជា

ប្រភព RFI  (http://www.khmer.rfi.fr/interview-with-ly-virak)

សៀវភៅ​ស្តីពី "វិបត្តិ​សេដ្ឋកិច្ច​ពិភពលោក" និពន្ធ​ដោយ​លោក លី វីរៈ

សៀវភៅ​ស្តីពី “វិបត្តិ​សេដ្ឋកិច្ច​ពិភពលោក” និពន្ធ​ដោយ​លោក លី វីរៈ

ភ្ញៀវ​ប្រចាំសប្តាហ៍​របស់​យើង នៅថ្ងៃ​នេះ គឺ​លោក លី វីរៈ ដែល​ទើប​នឹង​ចេញផ្សាយ​សៀវភៅ​មួយ​ក្បាល​ ជាភាសា​ខ្មែរ មានចំណង​ជើង​ថា “​វិបត្តិ​សេដ្ឋកិច្ច​ពិភពលោក​”។ នៅ​ក្នុង​សៀវភៅ​ប្រមាណ​ជា ៦០​ទំព័រ បោះពុម្ពផ្សាយ កាលពី​ប៉ុន្មាន​សប្តាហ៍​កន្លងទៅនេះ លោក​លី វីរៈ បាន​ធ្វើការ​ពន្យល់​អំពី​មូលហេតុ និង​ផលវិបាក​នៃ​វិបត្តិ​សេដ្ឋកិច្ច​ពិភពលោក​ឆ្នាំ​២០០៨។

គួរ​បញ្ជាក់​ថា លោក​លី វីរៈ បាន​ទទួល​សញ្ញាបត្រ​ថ្នាក់​អនុបណ្ឌិត​ផ្នែក​គ្រប់គ្រង​ ពី​ប្រទេស​បារាំង ហើយ​បច្ចុប្បន្ន​ ជា​បេក្ខជន​ត្រៀម​ចូល​ជា​សមាជិក​អ្នក​វិភាគ​ហិរញ្ញវត្ថុ​អន្តរជាតិ នៅ​ប្រទេស​កាណាដា។

ពាក្យគន្លឹះ : សេដ្ឋកិច្ចអប់រំ

ប្រភព  RFI    (http://www.khmer.rfi.fr/maux_de_ventre)

សរីរាង្គ​ក្នុង​ពោះ​របស់​មនុស្ស

សរីរាង្គ​ក្នុង​ពោះ​របស់​មនុស្ស

(Photo: dr)

ឈឺ​ពោះ​​ ជា​អាការៈ​មួយ​ដែល​កើត​ឡើង​ជាញឹក​ញាប់​ ចំពោះ​​មនុស្ស​ ទូទៅ។ ប៉ុន្តែ​អាការៈ​ខ្លះ​អាច​ជា​គ្រោះ​ថ្នាក់​ធ្ងន់​ធ្ងរ និង​ដល់​ជីវិត​ផង មាន​ជា​អាទិ៍​ឈឺ​ពោះ​ ព្រោះ​មាន​ពោះ​វៀន​ដុះ​ខ្នែង ឈឺ​ពោះ​ព្រោះ​​​​ស្ទះពោះវៀន ។ល។ និង​។ល។​ ជំងឺ​ចុក​ពោះ មាន​បុព្វហេតុ​ណាស់ ប៉ុន្តែ​គ្រោះ​ថ្នាក់​ធំ​ និង​បន្ទាន់​ ដែល​ត្រូវ​រួស​រាន់​ទៅ​រក​ គ្រូពេទ្យ គឺ​នៅ​ពេល​ដែល​ឈឺ​ពោះ​នៅ​ផ្នែក​ខាង​ក្រោម​-​ស្តាំ ​ ពោះ​រឹង មាន​ ភ្ជាប់​ដោយ​អាការៈ​ក្អួត ក្តៅ​ខ្លួន និង​ទល់​លាមក។

សូម​ស្តាប់​បទ​សម្ភាសន៍​រប​ស់ អៀង សុខម៉ិញ ជាមួយ​លោក​វេជ្ជបណ្ឌិត ឡោ គីមសុង។

ពាក្យគន្លឹះ : សុខភាព

ប្រភព ​RFI   (http://www.khmer.rfi.fr/)

លោក ឌិន សុមេធារិទ្ធ ម្ចាស់​សណ្ឋាគារ​ ហ្រ្វាន់ធីផានី​ ចំនួន​៥​នៅ​ទី​ក្រុង​ភ្នំពេញ​និង​ក្រុង​សៀមរាប។

លោក ឌិន សុមេធារិទ្ធ ម្ចាស់​សណ្ឋាគារ​ ហ្រ្វាន់ធីផានី​ ចំនួន​៥​នៅ​ទី​ក្រុង​ភ្នំពេញ​និង​ក្រុង​សៀមរាប។

©សុខលីម

ការ​បង្កើត​ក្រុមហ៊ុន​គឺ​ជារឿង​លំ​បាក​មួយ​ប៉ុន្តែ​ការ​គ្រប់គ្រង​បុគ្គលិក​រឹត​តែ​លំ​បាក​ជាង​នេះ​ទៅ​ទៀត​។ តើ​ម្ចាស់​ក្រុមហ៊ុន​ត្រូវ​មាន​សិល្ប៍វិ​ធី​ដូច​ម្តេច​ខ្លះ​ដើម្បី​គ្រប់​ គ្រង​និង​រក្សាបុគ្គលិក​អោយ​បម្រើ​ការ​បាន​យូរ​នៅ​ក្នុង​ក្រុម​ហ៊ុន?

ពាក្យគន្លឹះ : កម្ពុជា

ប្រភព RFI   http://www.khmer.rfi.fr/complicated-relations-between-china-us-and-taiwan()

ចិន-អាមេរិក-តៃវ៉ាន់ –
អត្ថបទចុះ​ផ្សាយ​នៅ​ថ្ងៃ សៅរ៍ 30 កក្កដា 2011 – ព័ត៌មានទើប​កែប្រើ​លើកចុងក្រោយ​ ថ្ងៃ សៅរ៍ 30 កក្កដា 2011

មន្រ្តី​ជាន់ខ្ពស់ចិន និង​អាមេរិក​បាន​ជួប​ប្រជុំ​គ្នា កាល​ពីថ្ងៃ​សុក្រ ២៩ កក្កដា ២០១១ នៅ​ទីក្រុង​វ៉ាស៊ីងតោន ដើម្បី​ពិភាក្សា​គ្នា​អំពី​គម្រោង​ដែល​អាមេរិក​ចង់​លក់​គ្រឿង​សព្វាវុធ​ទៅ​ ឲ្យ​កោះតៃវ៉ាន់។ អាមេរិក​ព្យាយាម​ស្វះស្វែង​រក​ការយោគយល់​​គ្នា​ជាមួយ​ចិន ដើម្បី​បញ្ចៀស​កុំ​ឲ្យ​មាន​ភាព​តានតឹង ដូច​កាល​ពី​ឆ្នាំ​ទៅមិញ​ទៀត។ ការជួយ​ពង្រឹង​វិស័យការពារជាតិ​តៃវ៉ាន់ គឺ​ជា​កាតព្វកិច្ច​​ដែល​មាន​ចែងក្នុង​ច្បាប់​អាមេរិក ក៏ប៉ុន្តែ ការរក្សា​ទំនាក់ទំនង​ល្អ​ជាមួ​យ​ចិន​ក៏​ជា​ផលប្រយោជន៍​ជាតិ​ដ៏សំខាន់​មួយ​ ដែរ។

បទវិភាគ​របស់ សេង ឌីណា

មន្រ្តី​រដ្ឋាភិបាល​អាមេរិក​បាន​ឲ្យដឹង​ថា នៅថ្ងៃ​ទី១ តុលា ២០១១​ខាងមុខនេះ រដ្ឋាភិបាល​អាមេរិក​​នឹង​ត្រូវ​ធ្វើ​ការ​សម្រេច​​ជុំវិញ​សំណើ​របស់​តៃវ៉ាន់ ដែល​សុំ​ទិញ​យន្តហោះ​ចម្បាំង​ធុន F-16 ចំនួន ៦៦​គ្រឿង។

កាលពីថ្ងៃ​សុក្រ ម្សិលមិញ ជំនួប​មួយ​ត្រូវ​បាន​រៀបចំ​ធ្វើ​ឡើង នៅ​ទីក្រុង​វ៉ាស៊ីងតោន រវាង​មន្រ្តី​ការទូត​ជាន់ខ្ពស់​ចិន ដែល​ទទួលបន្ទុក​កិច្ចការ​តៃវ៉ាន់ និង​អនុរដ្ឋមន្រ្តី​ការបរទេស​អាមេរិក។ ខ្លឹមសារ​នៃ​ជំនួប​បិទទ្វារ​នេះ​មិនត្រូវ​បានគេ​ប្រកាស​ឲ្យដឹង​ជា​សាធារណៈ​ នោះទេ។ ក៏ប៉ុន្តែ យោងតាម​បណ្តាញ​សារព័ត៌មាន​ចិន​ស៊ីនហួ (Xinhua) ក្នុង​កិច្ចប្រជុំនេះ មន្រ្តី​ការទូត​ចិន​បាន​​សង្កត់ធ្ងន់អំពី​ជំហរ​របស់​រដ្ឋាភិបាល​ចិន ដែល​ជំទាស់​ជានិច្ច​ចំពោះ​ការលក់​អាវុធ​អាមេរិក​ទៅ​ឲ្យ​កោះតៃវ៉ាន់ ពីព្រោះ​ វា​ធ្វើ​​ឲ្យ​ខូច​ដល់​ទំនាក់ទំនង​ចិន-អាមេរិក​ផង និង​ធ្វើ​ឲ្យ​ខូច​ទំនាក់ទំនង​សន្តិភាព​រវាង​ចិនដីគោក និង​កោះតៃវ៉ាន់​ផង។

គួរ​បញ្ជាក់ថា កាល​ពី​ឆ្នាំ​២០១០​កន្លងទៅនេះ រដ្ឋាភិបាល​របស់​លោក​អូបាម៉ា​បាន​សម្រេច​អនុញ្ញាត​លក់​គ្រឿង​សព្វាវុធ​ មួយចំនួន​ ទៅ​ឲ្យ​កោះតៃវ៉ាន់ ក្នុង​នោះ​​រួមមាន​ជាពិសេស មីស៊ីល​ប្រឆាំង​មីស៊ីល និង​ឧទ្ធម្ភាគចក្រ​យោធាដ៏ទំនើប ប្រភេទ Black Hawk ។ ការ​សម្រេច​នោះ​បាន​ធ្វើ​ឲ្យ​ចិន​ខឹង​សម្បារ​យ៉ាងខ្លាំង រហូត​​បាន​​ផ្អាក​ទំនាក់ទំនង​យោធា​ជាមួយ​អាមេរិក​អស់រយៈពេល​ជាច្រើន​ខែ។

កិច្ចប្រជុំ​រវាង​មន្រ្តី​អាមេរិក និង​ចិន កាល​ពី​ម្សិលមិញ​នេះ ទំនង​ជា​ធ្វើ​ឡើង​ក្នុង​គោលដៅ​ ស្វែង​យល់​ពី​គ្នា​ទៅវិញ​ទៅមក ដើម្បី​បញ្ចៀស​​​ភាព​ចម្រូងចម្រាស​ជាថ្មី​ទៀត នៅ​ពេល​​រដ្ឋាភិបាល​អាមេរិក​ ធ្វើ​ការសម្រេច​រឿង​លក់​អាវុធ​ទៅ​ឲ្យ​តៃវ៉ាន់ នៅ​ខែ​តុលា​ខាងមុខ។

កាល​ពី​ដើម​ខែ​កក្កដា កន្លងទៅ​ថ្មីៗនេះ លោក​ម៉ៃក៍ មូលិន (Mike Mullen) នាយសេនាធិការ​កងទ័ព​ចម្រុះ​អាមេរិក បាន​ទៅ​បំពេញ​ទស្សនកិច្ច​ផ្លូវការ នៅ​ប្រទេស​ចិន។ ទាក់ទង​នឹង​សំណុំរឿង​តៃវ៉ាន់ លោក​មូលិន​បាន​ប្រាប់​សមភាគី​ចិន​ថា ការលក់​គ្រឿងសព្វាវុធ​ទៅ​ឲ្យ​តៃវ៉ាន់​ គឺ​ជា​កាតព្វកិច្ច​ផ្លូវច្បាប់​របស់​រដ្ឋាភិបាល​អាមេរិក ព្រោះ​វា​មាន​ចែង​ក្នុង​ច្បាប់ ដែល​សភា​អាមេរិក​អនុម័ត កាល​ពី​ឆ្នាំ​១៩៧៩។

កាលពី​សប្តាហ៍​មុន គណៈកម្មការ​កិច្ចការ​បរទេស នៃ​រដ្ឋសភា​អាមេរិក (House of Representatives) បាន​បោះឆ្នោត​អនុម័ត​លើ​សេចក្តី​សម្រេច​មួយ ជំរុញ​ឲ្យ​រដ្ឋាភិបាល​ចាត់វិធានការ​ជា​បន្ទាន់ ដើម្បី​​សម្រេច​លើ​ការ​លក់​អាវុធ​ទៅ​ឲ្យ​តៃវ៉ាន់។

គួរ​រំឭកឡើងវិញ​ថា នៅមុនឆ្នាំ​១៩៧៩ សហរដ្ឋ​អាមេរិក​ទទួលស្គាល់​​តែ​រដ្ឋាភិបាល​សាធារណរដ្ឋ​ចិន (តៃវ៉ាន់) មួយ​ប៉ុណ្ណោះ​ថា​ជា​រដ្ឋាភិបាល​ស្របច្បាប់​របស់​ចិន។ ក៏ប៉ុន្តែ នៅ​ខែ​មករា ឆ្នាំ​១៩៩៧៩​ អាមេរិក​ក៏​បាន​ផ្លាស់ប្តូរ​មក​​ទទួល​ស្គាល់​រដ្ឋាភិបាល​សាធារណរដ្ឋ​ ប្រជាមានិត​ចិន (ចិន​ដីគោក) វិញ​ម្តង ហើយ​ទទួលស្គាល់ថា តៃវ៉ាន់​គឺ​ជា​ផ្នែក​មួយ​​នៃ​​ប្រទេស​ចិន មិនមែន​ជា​រដ្ឋ​ឯករាជ​នោះទេ (នយោបាយ​ចិនមួយ)។

ក៏ប៉ុន្តែ នៅ​ឆ្នាំ​ដដែល​នោះ សភា​អាមេរិក​បាន​អនុម័ត​ច្បាប់​មួយ (Taiwan Relations Act) បង្កើត​កាតព្វកិច្ច​ឲ្យ​រដ្ឋាភិបាល​អាមេរិក​រក្សា​ទំនាក់ទំនង​ជាមួយ​តៃវ៉ាន់ ​ដូចមុន ក្នុង​នោះ​រួមមាន​ទំនាក់ទំនង​ផ្នែក​វប្បធម៌ និង​ពាណិជ្ជកម្ម ព្រមទាំង​ទំនាក់ទំនង​ការទូត​ក្រៅផ្លូវការ។ ច្បាប់​នេះ​ក៏​បាន​តម្រូវ​ផងដែរ​ឲ្យ​រដ្ឋាភិបាល​អាមេរិក​ផ្គត់ផ្គង់​ គ្រឿងសព្វាវុធ​​ សម្រាប់​ឲ្យ​តៃវ៉ាន់​ទុក​ការពារ​ខ្លួន។ បើទោះជា​អាមេរិក​មិនដាក់តាំង​ស្ថានទូត​នៅ​តៃវ៉ាន់ ក៏ប៉ុន្តែ ការិយាល័យ​នៃ​វិទ្យាស្ថាន​មួយ ឈ្មោះ American Institute of Taiwan ត្រូវ​បាន​បង្កើត​ឡើង នៅ​ក្រុង​តៃប៉ិ ដែល​​មាន​បេសកកម្ម​ប្រហាក់ប្រហែល​នឹង​ស្ថានទូត​ដែរ។

និយាយ​ជារួម ជាផ្លូវការ អាមេរិក​​ទទួលស្គាល់​តែ​រដ្ឋាភិបាល​ចិន​ដីគោក មិនទទួលស្គាល់​តៃវ៉ាន់ ក៏ប៉ុន្តែ ក្នុង​ការ​អនុវត្ត​ជាក់ស្តែង តៃវ៉ាន់​នៅតែ​ជា​សម្ព័ន្ធមិត្ត​ជាយុទ្ធសាស្រ្ត​របស់​អាមេរិក​ដដែល។

ក៏ប៉ុន្តែ ពីមួយឆ្នាំ​ទៅមួយឆ្នាំ នៅពេល​ដែល​ចិន​ដីគោក​មាន​កម្លាំង​សេដ្ឋកិច្ច​កាន់តែ​ខ្លាំង ផលប្រយោជន៍​របស់​អាមេរិក​នៅចិន​ក៏​មាន​កាន់តែ​ច្រើន។ ការរក្សា​ទំនាក់ទំនង​ល្អ​​ជាមួយ​ចិន កាន់តែ​ក្លាយ​ជា​រឿង​ចាំបាច់​មួយ​របស់​រដ្ឋាភិបាល​អាមេរិក។ ទំនាក់ទំនង​អាមេរិក-ចិន-តៃវ៉ាន់ ក៏​បាន​ក្លាយ​​បន្តិចម្តងៗ​ទៅ​ជា​​ “ស្នេហាត្រីកោណ” ដ៏ស្មុគស្មាញ​មួយ។

រដ្ឋាភិបាល​អាមេរិក​បាន​បង្ហាញ​នូវ​ភាព​ប្រយ័ត្នប្រយែង​កាន់តែ​ខ្លាំង ដោយ​ព្យាយាម​ថ្លឹងថ្លែង​​មិន​ឲ្យ​សំណុំរឿង​តៃវ៉ាន់​ក្លាយ​ជា​ឧបសគ្គ​​រារាំង ​ទំនាក់ទំនង​ជាមួយ​ចិនដីគោក។ ភាពប្រយ័ត្នប្រយែង​នេះ​បាន​បង្ហាញ​ឲ្យ​ឃើញ​តាមរយៈ​​ការពន្យារពេល​លក់​អាវុធ​ ទៅឲ្យ​តៃវ៉ាន់ ក្នុង​រយៈពេល​ប៉ុន្មាន​ឆ្នាំ​ចុងក្រោយ​នេះ។

គួរ​បញ្ជាក់ថា តៃវ៉ាន់​បាន​ស្នើ​ទិញ​សព្វាវុធ​ជាច្រើន​ពី​អាមេរិក​ ក្នុងនោះ​ក៏​មាន​សំណើ​សុំទិញ​យន្តហោះ​ចម្បាំង​ទំនើបៗ និង​នាវាមុជទឹកផងដែរ។ សំណើ​នេះ​ត្រូវ​បាន​​លោក​ប្រធានាធិបតី​​ប៊ូស​យល់​ព្រម​ជា​គោលការណ៍​តាំង​ពី​ ឆ្នាំ​២០០១​ម៉្លេះ។ ក៏ប៉ុន្តែ រហូត​មកទល់​ពេលនេះ ជាង​ ១០​ឆ្នាំ​កន្លងទៅហើយ រដ្ឋាភិបាល​អាមេរិក​នៅតែ​មិនទាន់​លក់​​យន្តហោះ​ចម្បាំង និង​នាវាមុជ​ទឹក​ទៅ​ឲ្យ​តៃវ៉ាន់​នៅឡើយ៕

ប្រភព  RFI  (http://www.khmer.rfi.fr/asia/20110404)

ថ្ងៃ​នេះ​ហ្សង់-ហ្វ្រង់ស័រ​ តាន់ សូម​បន្ត​ពិនិត្យ​មើល​ទៅ​លើ​ស្ថានភាព​ភូមិសាស្រ្ត​នយោបាយ​របស់​ប្រទេស​ចិន​ត ​ទៅ​ទៀត ដោយ​សូម​​និយាយ​ពី​ទំនាក់ទំនង​រវាង​ប្រទេស​ចិន​និង​តៃវ៉ាន់។
នៅ​លើ​ក្រឡា​អុក​ភូមិសាស្ត្រ​នយោបាយ​បច្ចុប្បន្ន និង​នៅ​លើ​ឆាក​អន្តរជាតិ​សព្វថ្ងៃ ចិន ​ដី​គោក​មាន​ឥទ្ធិពល​ខ្លាំង​ណាស់​បើ​ធៀប​ទៅ​នឹង​ចិន​តៃវ៉ាន់ បាន​ន័យ​ថា ចិន​កុម្មុយនិស្ត​ប្រៀប​បាន​នឹង​សត្វ​ឆ្មា រី​ឯ​ចិន​តៃវ៉ាន់​វិញ​ប្រៀប​បាន​នឹង​សត្វ​កណ្តុរ។

ចំពោះ​ថ្នាក់​ដឹកនាំ​ចិន អូសទាញ​តៃវ៉ាន់​មក​ដាក់​នៅ​ក្រោម​ការ​គ្រប់គ្រង​របស់​ខ្លួន ជា​ការ​មួយ​ចាំបាច់​បំផុត។ ពីព្រោះ​ចិន​នឹង​មិន​អាច​មាន​ឈ្មោះ​ជា​មហា​អំណាច​តំបន់ ឬ​ជា​មហា​អំណាច​ពិភពលោក​ពិត​ប្រាកដ​បាន​ទេ ប្រសិន​បើ​នៅ​តែ​មាន​ដូច​អ៊ីចឹង​ត​ទៅ​ទៀត ចិន​ដី​គោក និង​ចិន​តៃវ៉ាន់ ចិន​កុម្មុយនិស្ត និង​ចិន​ប្រជាធិបតេយ្យ នៅ​លើ​ឆាក​អន្តរជាតិ។

វត្តមាន​នៃ​ប្រទេស​ចិន​ពីរ​បាន​ផ្តើម​ឡើង តាំង​ពី​ឆ្នាំ​១៩៤៩​មក​ម្ល៉េះ។ កាល​ណោះ កង​ទ័ព​អ្នក​ជាតិ​និយម​ចិន​ដែល​ដឹកនាំ​ដោយ ជាង កាយជាក​ (Chiang Kai-Shek) បាន​ច្បាំង​ចាញ់​កង​កម្លាំង​កុម្មុយនិស្ត​របស់ ម៉ៅ សេទុង (Mao Tsé-Toung) ហើយ​បាន​មក​ប្រកាស​បង្កើត​សាធារណរដ្ឋ​ចិន នៅ​លើ​កោះ​តៃវ៉ាន់។ រី​ឯ ម៉ៅ សេទុង វិញ បាន​ប្រកាស​បង្កើត​សាធារណរដ្ឋ​ប្រជាមានិត​ចិន​នៅ​ឆ្នាំ​១៩៤៩ នោះ​ដែរ។

ក្រោយ​មក ចិន​ដី​គោក​បែរ​ទៅ​ខាង​ពិភព​កុម្មុយនិស្ត ចំណែក​តៃវ៉ាន់​វិញ ចុះ​ចូល​ជាមួយ​លោក​សេរី ជាហេតុ​ធ្វើ​ឲ្យ​ដែនដី​ទាំង​ពីរ​ឃ្លាត​ឆ្ងាយ​ពី​គ្នា និង​ប្រឆាំង​គ្នា ទាំង​នៅ​លើ​វិស័យ​របប​នយោបាយ ទាំង​នៅ​លើ​វិស័យ​នយោបាយ​សេដ្ឋកិច្ច។ នៅ​ខាង​ចិន​ដី​គោក គឺ​ជា​អំណាច​ផ្តាច់ការ និង​សេដ្ឋកិច្ច​ផែនការ។ នៅ​ខាង​ចិន​តៃវ៉ាន់​វិញ គឺ​ជា​របប​ពហុបក្ស និង​សេដ្ឋកិច្ច​ផ្សារ​សេរី។

តាម​ការ​ពិត គ្មាន​ឡើយ​វប្បធម៌​នយោបាយ​រួម​រវាង​ចិន​ដី​គោក​ និង​ចិន​តៃវ៉ាន់ ហើយ​ក៏​គ្មាន​ដែរ​ប្រវត្តិសាស្ត្រ​រួម។ ពីព្រោះ​កាល​ពី​ដើម តៃវ៉ាន់​បាន​ឋិត​នៅ​ក្រោម​ការ​កាន់កាប់​របស់​ចក្រភព​ចិន​តែ​ដប់​ឆ្នាំ​ ប៉ុណ្ណោះ គឺ​ពី​ឆ្នាំ​១៨៨៥​ដល់​ឆ្នាំ​១៨៩៥។ នៅ​ឆ្នាំ​១៨៩៥ សន្ធិសញ្ញា​មួយ​ដែល​មាន​ឈ្មោះ​ថា​សន្ធិសញ្ញា​Shimonoseki បាន​ផ្ទេរ​តៃវ៉ាន់​ទៅ​ឲ្យ​ជប៉ុន ហើយ​ជប៉ុន​បាន​បាត់​បង់​កោះ​នេះ​ទៅ​វិញ​នៅ​ឆ្នាំ​១៩៤៥ នៅ​ពេល​ដែល​បាន​ចាញ់​សង្គ្រាម​លោក​លើក​ទី​ពីរ។ និយាយ​រួម ក្រៅ​ពី​ភាសា គ្មាន​ឡើយ​អត្តសញ្ញាណ​រួម​និង​ព្រហ្មលិខិត​រួម រវាង​ចិន​ដី​គោក​និង​ចិន​តៃវ៉ាន់។

ទោះ​ជា​យ៉ាង​ណា​ក៏​ដោយ នៅ​លើ​ក្រឡា​អុក​ភូមិសាស្ត្រ​នយោបាយ​បច្ចុប្បន្ន ចិន​ដី​គោក​ប្រៀប​បាន​នឹង​សត្វ​ឆ្មា រី​ឯ​ចិន​តៃវ៉ាន់​វិញ​ប្រៀប​បាន​នឹង​សត្វ​កណ្តុរ។ នៅ​ចំពោះមុខ​មហា​យក្ស​ចិន​កុម្មុយនិស្ត​ដែល​សហគមន៍​អន្តរជាតិ​កោតខ្លាច តៃវ៉ាន់​ដែល​ជា​ដី​មួយ​កូន​ដុំ​ព័ទ្ធ​ជុំ​វិញ​ទៅ​ដោយ​សមុទ្រ ពឹង​ពាក់​បាន​តែ​ទៅ​លើ​ប្រទេស​សម្ព័ន្ធ​មិត្រ​ពីរ​ឬ​បី​តែ​ប៉ុណ្ណោះ ដែល​នៅ​ឆ្ងាយ​ឬ​សែន​ឆ្ងាយ​ពី​ខ្លួន។ សម្ព័ន្ធភាព​នោះ​ទៀត​សោត មិន​អាច​ជា​សម្ពន្ធ័ភាព​សម្រាប់​យុទ្ធសាស្រ្ត​យោធា​វាយលុក​បាន​ទេ គឺ​សម្រាប់​តែ​យុទ្ធសាស្ត្រ​ការពារ​មួយ​មុខ​ប៉ុណ្ណោះ​ក្នុង​ករណី​ណា​ដែល​មាន ​ការ​ឈ្លានពាន​ពី​សំណាក់​ចិន​ដី​គោក។

បើ​និយាយ​ពី​ចំនួន​មនុស្ស​វិញ ប្រជាជន​តៃវ៉ាន់​ប្រមាណ​ជាង​២៣​លាន​នាក់ គ្មាន​ទម្ងន់​ឡើយ នៅ​ចំពោះ​មុខ​ប្រជាជន​ចិន​ដី​គោក​ប្រមាណ​ជាង​១ ៣០០​លាន​នាក់។ ម្យ៉ាង​វិញ​ទៀត​ នៅ​ពេល​ដែល​ចិន​ដី​គោក​កំពុង​បង្កើន​សមត្ថភាព​យោធា ក្នុង​គោលដៅ​បង្រួបបង្រួម​ចិន​ពីរ​ឲ្យ​ទៅ​ជា​ចិន​តែ​មួយ តៃវ៉ាន់​គ្មាន​ជម្រើស​អ្វី​ក្រៅ​ពី​អនុវត្ត​យុទ្ធសាស្ត្រ​សេដ្ឋកិច្ច និង​ការ​ទូត​បន្តិច​បន្តួច​ដើម្បី​ការពារ​អធិបតេយ្យ​របស់​ខ្លួន និង​ធ្វើ​យ៉ាង​ណា​កុំ​ឲ្យ​ខ្លួន​ឋិត​ក្នុង​ភាព​ឯកា ខ្លាំង​ពេក​នៅ​លើ​ឆាក​អន្តរជាតិ។

តាម​ការ​ពិត ជោគ​វាសនា​របស់​តៃវ៉ាន់ អាស្រ័យ​សឹង​ទាំង​ស្រុង​ទៅ​លើ​ទំនាក់ទំនង​រវាង​ចិន និង​សហរដ្ឋ​អាមេរិក ដូច​មាន​ប្រវត្តិសាស្ត្រ​ឆ្នាំ​១៩៧០​ដល់​ឆ្នាំ​១៩៨០ ជា​ឧទាហរណ៍​ជាក់​ស្តែង​ស្រាប់។ កាល​ណោះ អាមេរិក​ដែល​បាន​សម្រេច​ចិត្ត​សម្រួល​ទំនាក់​ទំនង​ជាមួយ​ចិន​កុម្មុយនិស្ត​ វិញ បាន​បំភ្លេច​ចោល​ទាំង​ស្រុង​ពាក្យ​សន្យា​របស់​ខ្លួន​ថា​គាំ​ទ្រ​និង​ការពារ​ តៃវ៉ាន់​រៀង​រហូត។ គឺ​ការ​ផ្លាស់​ប្តូរ​នយោបាយ​ការ​បរទេស​របស់​សហរដ្ឋអាមេរិក​បែប​នេះ​ហើយ ដែល​បាន​បើក​លទ្ធភាព​ឲ្យ​ចិន​ដី​គោក​ឡើង​មក​អង្គុយ​អាសនៈ​អង្គការ​ សហប្រជាជាតិ ជំនួស​​តៃវ៉ាន់ នៅ​ឆ្នាំ​១៩៧១។

ស្ថានភាព​រឹងរឹត​តែ​ធ្ងន់ធ្ងរ​សម្រាប់​តៃវ៉ាន់​នៅ​ឆ្នាំ​១៩៧២ នា​ពេល​ដែល​ប្រធានាធិបតី​អាមេរិក Nixon បាន​ទៅ​ធ្វើ​ទស្សនកិច្ច​នៅ​ប្រទេស​ចិន​កុម្មុយនិស្ត។ ពីព្រោះ​កាល​នោះ សេចក្តី​ថ្លែង​ការណ៍​រួម​នៅ​សៀងហៃ​រវាង​ចិន​និង​អាមេរិក​ទទួល​ស្គាល់​ជា​លើក ​ទី​មួយ​បង្អស់​គោលការណ៍​នៃ​ឯកភាព​របស់​ចិន ដែល​ក្រោយ​មក​ក្លាយ​ជា​គោលការណ៍​ប្រទេស​ចិន​តែ​មួយ​គត់ នៅ​លើ​ឆាក​អន្តរជាតិ។ អ៊ីចឹង​ហើយ​បាន​ជា​នៅ​ឆ្នាំ​១៩៧៩ អាមេរិក​បាន​សម្រេច​បិទ​ជា​ស្ថាពរ​ស្ថាន​ទូត​របស់​ខ្លួន​នៅ​តៃវ៉ាន់ ហើយ​បាន​បែរ​មក​សម្រួល​ទំនាក់ទំនង​ទូត​ជា​ផ្លូវការ​ជាមួយ​សាធារណរដ្ឋ​ ប្រជាមានិត​ចិន​វិញ។

តាំង​ពី​ពេល​នោះ​មក ចិន​កុម្មុយនិស្ត​ឈប់​ប្រើ​ពាក្យ​រំដោះ​តៃវ៉ាន់​នៅ​ក្នុង​សុន្ទរកថា​ជា​ ផ្លូវការ​ហើយ​ស្នើ​នៅ​ឆ្នាំ​១៩៨៣​ឲ្យ​តៃវ៉ាន់​ទទួល​យក​លក្ខន្តិកៈ​ជា​តំបន់​ រដ្ឋបាល​ពិសេស ពោល​គឺ​តៃវ៉ាន់​អាច​បន្ត​រក្សា​ស្វ័យភាព​និង​ប្រព័ន្ធ​គ្រប់គ្រង​ដាច់​ដោយ​ ឡែក​របស់​ខ្លួន​ត​ទៅ​ទៀត​បន្ទាប់​ពី​បង្រួបបង្រួម​ជា​មួយ​ចិន​ដី​គោក​ហើយ។ តែ​កាល​ណោះ តៃវ៉ាន់​ច្រាន​ចោល​មិន​ព្រម​ទទួល​សំណើ​នេះ។ ម៉្លោះហើយ តាំង​ពី​ពេល​នោះ​មក តំបន់​ដៃ​សមុទ្រ​Formose ក្លាយ​ជា​ចំណុច​ក្តៅ​គគុក​ជាង​គេ​បង្អស់​មួយ​នៅ​ក្នុង​លោក ដោយហេតុតែ​ជម្លោះ​កាន់​ខ្លាំង​ឡើង រវាង​ចិន​ដី​គោក​និង​ចិន​តៃវ៉ាន់។

ម្តង​ហើយ​ម្តង​ទៀត ចិន​ដី​គោក​គំរាម​ថា​នឹង​ប្រើ​កម្លាំង​ទ័ព​វាយ​យក​តៃវ៉ាន់។ ថ្នាក់ដឹកនាំ​ចិន​អះអាង​ថា នឹង​មាន​អន្តរាគមន៍​យោធា​ភ្លាម​មួយ​រំពេច បើ​សិន​ជា​ទី​មួយ តៃវ៉ាន់​ហ៊ាន​ប្រកាស​ឯករាជ្យ ទី​ពីរ​បើ​សិន​ជា​តៃវ៉ាន់​ហ៊ាន​បង្កើត​កម្មវិធី​នុយក្លេអ៊ែរ ក្នុង​គោលដៅ​ផលិត​គ្រាប់បែក​បរមាណូ និង​ទី​បី​បើ​សិន​ជា​តៃវ៉ាន់​នៅ​តែ​ចចេស​មិន​ព្រម​ចរចា ដើម្បី​បង្រួបបង្រួម​ចិន​ទាំង​ពីរ​ឲ្យ​ទៅ​ជា​ចិន​តែ​មួយ​ទេ​នោះ។

សហរដ្ឋអាមេរិក​វិញ បន្ត​លាក់​បាំង​បំណង​ពិត​ប្រាកដ​របស់​ខ្លួន។ នៅ​ម្ខាង អាមេរិក​ទទួល​ស្គាល់​ជា​ផ្លូវការ​គោលការណ៍​ប្រទេស​ចិន​តែ​មួយ។ នៅ​ម្ខាង​ទៀត អាមេរិក​ប្រឆាំង​មិន​ឲ្យ​ចិន​កុម្មុយនិស្ត​ប្រើ​កម្លាំង​យោធា​វាយ​យក​ តៃវ៉ាន់​ទាំង​កម្រោល។ និយាយ​បែប​ផ្សេង អាមេរិក​ចង់​ឲ្យ​ចិន​ដី​គោក​និង​ចិន​តៃវ៉ាន់​អង្គុយ​ចរចា​រក​ដំណោះស្រាយ​ដោយ ​សន្តិវិធី។ នៅ​ក្នុង​បរិបទ​បែប​នេះ អាមេរិក​ចាំ​បាច់​ត្រូវ​តែ​លាក់​បាំង​ជំហរ​ពិត​ប្រាកដ​របស់​ខ្លួន ធ្វើ​យ៉ាង​ណា​កុំ​ឲ្យ​តៃវ៉ាន់​បាន​ចិត្ត​ហ៊ាន​ប្រកាស​ឯករាជ្យ និង​ធ្វើ​យ៉ាង​ណា​កុំ​ឲ្យ​ចិន​កុម្មុយនិស្ត​ឡើង​ដៃ ហ៊ាន​ប្រើ​ទ័ព​វាយ​យក​តៃវ៉ាន់៕

ពាក្យគន្លឹះ : ចិនតៃវ៉ាន់

ប្រភព RFI

 ( http://www.khmer.rfi.fr/why-are-china-and-usa-worrying-about-taiwan-elections)

នៅថ្ងៃ​សៅរ៍​​ ១៤ មករា​​នេះ ពលរដ្ឋ​តៃវ៉ាន់​នឹង​ត្រូវ​បោះឆ្នោត​ជ្រើសរើស​​ប្រធានាធិបតី​ សម្រាប់​អាណត្តិ​ថ្មី។ មេដឹកនាំ​អាមេរិក និង​ចិន​​កំពុង​តែតាមដាន​មើល​យ៉ាង​យកចិត្ត​ទុកដាក់​​ ​ចំពោះ​ដំណើរការ​បោះឆ្នោត​នៅតៃវ៉ាន់ ព្រោះ​លទ្ធផល​នៃ​ការ​បោះឆ្នោត​នេះ​នឹង​ជះឥទ្ធិពល​ចំពោះ​ទំនាក់ទំនង​ តៃវ៉ាន់-ចិន និង​ទំនាក់ទំនង​អាមេរិក-ចិន។

នៅ​ក្នុងការបោះឆ្នោតថ្ងៃ​សៅរ៍​នេះ គេ​ឃើញ​មាន​បេក្ខជន​ពីររូប ដែល​កំពុង​មាន​កម្លាំង​ប្រហាក់ប្រហែល​គ្នា ក្នុងការ​ប្រជែង​យក​តំណែង​ប្រធានាធិបតី​តៃវ៉ាន់។ មួយ គឺ​លោក​ម៉ា យីងជៀវ (Ma Ying Jeou) មក​ពី​គណបក្ស​គួមីនតាង (Kuomintang)​ និង​ជា​ប្រធានាធិបតី​ផុតអាណត្តិ។ មួយទៀត គឺ​លោកស្រី ឆៃ អ៊ីងវិន (Tsai Ing Wen) មេដឹកនាំ​គណបក្ស​ប្រឆាំង។

សម្រាប់​ពលរដ្ឋ​តៃវ៉ាន់ បញ្ហា​សំខាន់​ដែល​នឹង​កំណត់​​ជម្រើស​របស់​ពួកគេ គឺ​បញ្ហា​សេដ្ឋកិច្ច ការងារ និង​អត្តសញ្ញាណ​ជាតិ។ ក៏ប៉ុន្តែ សម្រាប់​មេដឹកនាំ​អាមេរិក និង​ចិន អ្វី​ដែលសំខាន់ គឺនយោបាយ​របស់​ប្រធានាធិបតី​ថ្មី​របស់​តៃវ៉ាន់ ចំពោះ​ចិន។

ចាប់តាំង​ពី​បាន​ជាប់​ឆ្នោត​ជា​ប្រធានាធិបតី កាលពី​ឆ្នាំ​២០០៨ លោក​ម៉ា យីងជៀវ បាន​ប្រកាន់​យក​នូវ​នយោបាយ​កណ្តាលមួយ ពោលគឺ តៃវ៉ាន់​​​នឹង​មិន​បង្រួបបង្រួម​ជាមួយ​ចិន ហើយ​ក៏​មិន​ប្រកាស​ឯករាជ្យ​​ជាផ្លូវការ​ដែរ។ ដោយសារ​នយោបាយ​នេះ ទំនាក់ទំនង​រវាង​ចិន និង​តៃវ៉ាន់​មាន​សភាព​ធូរស្រាល រហូត​មាន​មន្រ្តី​ជាន់ខ្ពស់​ចិន​ខ្លះ​បាន​ទៅ​បំពេញ​ទស្សនកិច្ច​ផ្លូវការ​នៅ​ តៃវ៉ាន់​ទៀតផង។

លោកស្រី​ឆៃ អ៊ីងវិន​វិញ គឺ​ជា​មេដឹកនាំ​គណបក្ស ដែល​​តែងតែប្រកាន់​យក​នយោបាយ​តឹងរ៉ឹង​ចំពោះ​ចិន​ ជាពិសេស គឺ​ចង់​ឲ្យ​តៃវ៉ាន់​ប្រកាស​ឯករាជ្យ​​ជាផ្លូវការ​ពី​ចិន។

នយោបាយ “ចិនមួយ” គឺ​ជា​នយោបាយ​ដ៏សំខាន់​មួយ​របស់​រដ្ឋាភិបាល​ចិន​បច្ចុប្បន្ន។ ចិន​តែងតែ​ចាត់ទុក​ថា តៃវ៉ាន់​គ្រាន់តែ​ជា​កោះ​មួយ​ប៉ុណ្ណោះ​របស់​ចិន។​ ការ​ទាញ​តៃវ៉ាន់​បញ្ចូល​មក​ក្នុង​ទឹកដី​ចិន​តែមួយ​វិញ គឺ​ជា​បញ្ហា​ទាក់ទង​នឹង​មោទនភាព​ជាតិ​របស់​ចិន។ រដ្ឋាភិបាល​ក្រុងប៉េកាំង​តែងតែ​បាន​អះអាង​ថា ខ្លួន​ចង់​ឲ្យ​ការបង្រួបបង្រួម​ជាមួយ​កោះតៃវ៉ាន់​អាច​ធ្វើ​ទៅបាន​ដោយ​ សន្តិវិធី ក៏ប៉ុន្តែ ក៏​បាន​គំរាម​ផងដែរ​​ថា​នឹង​ប្រើ​កម្លាំង​ទ័ព ប្រសិន​បើ​តៃវ៉ាន់​ប្រកាស​ឯករាជ្យ។

រហូតមកទល់ពេលនេះ ​ចិន​រក្សា​ទុក​មីស៊ីល​​​រាប់រយ​ដើម​តម្រង់​ទៅ​កោះតៃវ៉ាន់។ ជម្លោះ​រវាង​ចិន និង​តៃវ៉ាន់ ប្រាកដ​ជា​នឹង​ធ្វើ​ឲ្យ​មាន​​ការប្រឈមមុខ​ដាក់គ្នា​រវាង​ចិន និង​សហរដ្ឋ​អាមេរិក។

អាមេរិក និង​តៃវ៉ាន់​បាន​ចុះកិច្ចព្រមព្រៀង​ការពារជាតិ​ជាមួយ​គ្នា កាលពី​ឆ្នាំ​១៩៥៤។ កាលពី​ឆ្នាំ​១៩៧៩ សភា​អាមេរិក​ក៏​បាន​អនុម័ត​ច្បាប់​មួយ កំណត់ថា ការ​​ប្រើកម្លាំង​ទ័ព​វាយប្រហារ​​លើ​កោះតៃវ៉ាន់ គឺ​ជា​​ការ​គំរាមកំហែង​ដល់​សន្តិភាព និង​សន្តិសុខ។ រហូតមកទល់ពេលនេះ​ អាមេរិក​នៅតែ​បន្តលក់​គ្រឿង​សព្វាវុធ​ទៅ​ឲ្យ​តៃវ៉ាន់ ដែលបង្ក​ភាព​តានតឹង​ជារឿយៗ​រវាង​ចិន និង​អាមេរិក។

ដូច្នេះ ទាំងអាមេរិក ទាំង​ចិន សុទ្ធតែ​ចង់​ឃើញ​តៃវ៉ាន់​បន្ត​នយោបាយ​ចំពោះ​ចិន ដូច​ពេល​បច្ចុប្បន្ន​នេះ​តទៅមុខទៀត។

ការមាន​ទំនាក់ទំនង​ល្អ​​នឹង​គ្នា​ នាពេល​កន្លងទៅនេះ បាន​ផ្តល់​ផលប្រយោជន៍​យ៉ាង​ច្រើន​ ទាំងចំពោះ​ចិន និង​ចំពោះ​តៃវ៉ាន់។ ការផ្តោះប្តូរ​ពាណិជ្ជកម្ម​រវាង​ចិន និង​តៃវ៉ាន់ កាលពី​ឆ្នាំ​២០១១​កន្លងទៅនេះ បាន​កើនឡើង​រហូតដល់​ទៅ ១៦០ពាន់​លាន​ដុល្លារ។ ការវិនិយោគ​របស់ក្រុមហ៊ុន​​ចិន​ នៅ​តៃវ៉ាន់​ មាន​ ១៧៤លាន​ដុល្លារ ចំណែក ការវិនិយោគ​របស់​តៃវ៉ាន់ នៅចិន​វិញ មានរហូតដល់​ទៅ ១២ពាន់លាន​ដុល្លារ។

ចាប់តាំង​ពី​តៃវ៉ាន់​បើក​ច្រក​ព្រំដែន​ទទួល​អ្នកទេសចរ​ចិន កាល​ពី​បី​ឆ្នាំ​កន្លះមុន រហូតមកទល់ពេលនេះ មាន​អ្នកទេសចរចិន​ជាង ៣លាន​នាក់ បាន​មក​លេង​កោះតៃវ៉ាន់ ហើយ​អ្នកទេសចរ​តៃវ៉ាន់ រហូតដល់​ទៅ ៥លាន​នាក់ នាំគ្នា​ទៅ​លេង​ចិន​ដីគោក។

និយាយ​ជារួម ទំនាក់ទំនង​ល្អ​រវាង​ចិន និង​តៃវ៉ាន់ បាន​ផ្តល់​ផលប្រយោជន៍​ដល់​គ្រប់​ភាគី ទាំង​ចិន ទាំង​អាមេរិក និង​ទាំង​តៃវ៉ាន់​ខ្លួនឯង។ ក៏ប៉ុន្តែ ការកើនឡើង​នៃ​ប្រជាប្រិយភាព​របស់​បេក្ខនារី​បក្ស​ប្រឆាំង ដែល​​កំពុង​មាន​កម្លាំង​ប្រដំប្រសង​នឹង​លោក​ម៉ា យីងជៀវ គឺ​ជា​បញ្ហា​​ដែល​ធ្វើ​ឲ្យ​គេ​ព្រួយបារម្ភ៕

ពាក្យគន្លឹះ : ចិនតៃវ៉ាន់សហរដ្ឋអាមេរិក

ប្រភព RFI   (http://www.khmer.rfi.fr/mauvaises-conditions-de-soins-dans-des-hopitaux-cambodgiens)

នៅ​កម្ពុជា​បច្ចុប្បន្ន​ សុខភាព​សាធារណៈ​គឺជា​បញ្ហា​ប្រឈម​មួយ​ក្នុង​ចំណោម​បញ្ហា​ប្រឈម​ធំៗ​ជាច្រើន​ ដែល​បង្ក​គ្រោះថ្នាក់​ធំធេង​សម្រាប់​សង្គម។​នៅ​​ពេល​​មាន​​ជំងឺ​​ម្តងៗ​​ ប្រជាពល​រដ្ឋ​​ខ្មែរ​អ្នកក្រីក្រ​ដែល​គ្មាន​លទ្ធភាព​ចេញ​ទៅ​ព្យាបាល​នៅ​ក្រៅ ​ប្រទេស​ កំពុង​ប្រឈម​បញ្ហា​មិន​ប្រាកដ​ប្រជា​នៃ​សុខាភិបាល​ក្នុង​ស្រុក។ ​តម្លៃ​ខ្ពស់,​ការ​ព្យាបាល​មិន​សូវ​មាន​ប្រសិទ្ធិភាពនិង​ភាព​​អនាធិបតេយ្យ​ នៅ​ក្នុង​ការ​ឃោសនា​និង​ដាក់​លក់​ថ្នាំ​ពេទ្យ​ ឬ​ផលិតផល​ទាក់ទង​នឹង​សុខភាព​កំពុង​កើត​មាន​ពេញ​បន្ទុក។​ ក្រៅ​ពី​នោះ​ គ្រូពេទ្យ​មួយចំនួន​បាន​សម្លឹង​ឃើញ​ប្រាក់​ជាធំ ​ដោយ​បំភ្លេច​ចោល​ក្រមសីលធម៌​វិជ្ជាជីវៈ។​ទាំងនេះ​ជា​គ្រោះថ្នាក់​ធំធេង​ សម្រាប់​សង្គម​កម្ពុជា។

នៅ​ពេល​ដែល​មាន​សមាជិក​គ្រួសារ​ណា​ម្នាក់​ធ្លាក់​ខ្លួន​ឈឺ ​គ្រួសារ​អ្នក​មាន​លទ្ធភាព​បាន​ស្វែង​រក​​ជា​បឋម​ការ​ចាក​ចេញ​ទៅ​ព្យាបាល​នៅ ​ក្រៅ​ប្រទេស​ ដូច​ជា​សាំងហ្គាពួរ​ ថៃ ​ឬ​វៀតណាម​ ទៅ​តាម​លទ្ធភាព​ធនធាន​ដែល​ខ្លួន​មាន។ ​និន្នាការ​ដែល​នៅ​តែ​បន្ត​កើត​ឡើងនិង​កើន​ឡើង​កាន់​តែ​ខ្លាំង​នេះ​បាន​ បង្ហាញ​ពី​ការ​បាត់បង់​ជំនឿ​ចិត្ត​របស់​ប្រជាពលរដ្ឋ​ទៅ​លើ​វិស័យ​សុខាភិបាល​ ក្នុង​ស្រុក។ ​ប៉ុន្តែ ​គ្រួសារ​អ្នកក្រីក្រ​គ្មាន​ជម្រើស​អ្វី​ក្រៅពី​រត់​រក​មណ្ឌល​សុខភាព ​មន្ទីរពេទ្យ​រដ្ឋ​ ឬ​ក៏​មន្ទីរ​ពហុព្យាបាល​ឯកជន​ក្នុង​ស្រុក​នោះ​ឡើយ។ ​បញ្ហា​ដែល​កំពុង​ចោទ​ឡើង​ក្នុង​វិស័យ​សុខា​ភិបាល​​កម្ពុជា​បច្ចុប្បន្ន​គឺ ​ទី១៖ ​គុណភាព​នៃ​ការព្យាបាល​មិន​សូវ​ល្អ ​តែ​តម្លៃ​ខ្ពស់ ​ទី២៖ ​ការ​ធ្លាក់​ចុះ​នៃ​សីលធម៌​គ្រូពេទ្យ ​និង​ទី៣៖ ​ភាព​អនាធិបតេយ្យ​ក្នុង​ការឃោសនា​ផលិតផល​ដែល​ទាក់ទង​នឹង​សុខភាព​ រួមទាំង​ថ្នាំ​ពេទ្យ​មួយចំនួន​ផង។

ជាការពិត​ណាស់ ​បញ្ហា​នៅ​ក្នុង​វិស័យ​សុខាភិបាល​កម្ពុជា​បច្ចុប្បន្ន​មាន​ច្រើន​យ៉ាង​ ដូចជា​គ្រូពេទ្យ​ជាច្រើន​នៅ​មាន​កម្រិត​ជំនាញ​ទាប ​សីលធម៌​គ្រូពេទ្យ​ធ្លាក់​ចុះ​ដោយសារ​គ្រូពេទ្យ​មួយ​ចំនួន​ហាក់​ដូចជា​មើល​ ឃើញ​ប្រាក់​ជាធំ ​រីឯ​ការ​គ្រប់គ្រង​វិស័យ​សុខាភិបាល​នៅ​ធូរ​រលុង​ដែល​បង្កើត​ឲ្យ​មាន​ភាព​ អនាធិបតេយ្យ​ក្នុង​ការ​ឃោសនា​អំពី​សេវាកម្ម​សុខាភិបាល ​និង​ផលិតផល​សុខភាព​ខុស​ពី​ការពិត។​ ដើម្បី​ប្រាក់​ គ្រូពេទ្យ​ខ្លះ​បាន​បង្ខំចិត្ត​ព្យាបាល​ជំងឺ​ដើម្បី​ទាក់ទាញ​អតិថិជន​ ដូចជា​ប្រើ​ថ្នាំ​ហួស​កម្រិត​ដើម្បី​ឲ្យ​អ្នក​ជំងឺ​ឆាប់​ជា​ដោយ​មិន​បាន​គិត ​ពី​ផល​វិបាក​ទៅ​ថ្ងៃ​ក្រោយ។​ គ្រូពេទ្យ​ខ្លះ​ឲ្យ​ថ្នាំ​ទៅ​អ្នក​ជំងឺ ​ជាពិសេស​ជំងឺ​កុមារ​តែម្តង​ ដោយ​លាយ​ថ្នាំ​រួច​ជាស្រេច​ដើម្បី​កុំ​ឲ្យ​អតិថិជន​ចំណាំ​បាន​ថា​ជា​ ថ្នាំអ្វី? ​គ្រូពេទ្យ​ខ្លះ​ទៀត​បញ្ចុះ​បញ្ចូល​ឲ្យ​អ្នកជំងឺ​ព្យូរ​សេរ៉ូម​ឬទទួល​ ការវះកាត់​ដើម្បី​ទទួល​បាន​ប្រាក់​កម្រៃ​ខ្ពស់​សូម្បី​តែ​ស្ថានភាព​អ្នក​ ជំងឺ​មិន​ទាន់​តម្រូវ​ឲ្យ​ទទួល​ការ​វះកាត់​ក៏ដោយ។ ​មាន​កន្លែង​ព្យាបាល​ជំងឺ​ខ្លះ​ទៀត​មិន​ដាក់​ស្លាក​សញ្ញា​ត្រឹមត្រូវ​ទេ​ ពោលគឺ​អ្នក​ជំងឺ​អាច​ទៅ​ពិគ្រោះ​ជំងឺ​បាន​តាម​រយៈ​ការ​ណាត់​តាម​ទូរស័ព្ទនៅ​ កន្លែង​មួយ​ដែលហាក់​ដូច​ជា​លួច​លាក់។
ពេល​មាន​គ្រោះថ្នាក់​ចរាចរណ៍ ​ជនរងគ្រោះ​នឹង​ត្រូវ​គេ​ប្រញាយ​គ្នា​ដឹក​ទៅ​កន្លែង​សង្គ្រោះ​ដោយ​ទារ​ ប្រាក់​ច្រើន​តាម​ដែល​អាច​ធ្វើ​ទៅ​បាន។ ​សង្គ្រាម​ដណ្តើម​ម៉ូយ​របស់​រថយន្ត​សង្គ្រោះ​ហាក់​បាន​ស្ងប់ស្ងាត់​បន្តិច​ រយៈ​ពេល​ចុងក្រោយ​នេះ​បន្ទាប់​ពី​មាន​ចំណាត់ការ​ពី​ក្រសួង​សុខាភិបាល។ ងាក​ទៅ​មើល​កន្លែង​លក់​ថ្នាំ​ពេទ្យ​វិញ ​មាន​ឱសថស្ថាន​ជាច្រើន​កន្លែង​គ្មាន​ច្បាប់​អនុញ្ញាត​ ឱសថស្ថាន​​ខ្លះ​ទៀត​គ្មាន​ឱសថការី​ជា​អ្នក​ឈរ​លក់​ថ្នាំ​ពិតប្រាកដ​ឡើយ។

​នៅ​កម្ពុជា​ មនុស្ស​ទូទៅ​អាច​ទិញ​ថ្នាំ​ពេទ្យ​បាន​តាម​ចិត្ត​ចង់​ ឬ​ក៏​អ្នកលក់​ថ្នាំ​ខ្លះ​តាំង​ខ្លួន​ជា​អ្នក​ផ្សំ​ថ្នាំ​ឲ្យ​អ្នកជំងឺ​ដោយ​​ ខ្លួនឯង​ដោយ​មិន​ចាំបាច់​មាន​វេជ្ជបញ្ជា។ ​ផលិតផល​ថ្នាំពេទ្យ ​ឬ​ផលិតផល​ដែល​ទាក់​ទង​​​នឹង​សុខភាព​ត្រូវ​បាន​គេ​ឃោសនា ​និង​ដាក់លក់​តាម​ទំនើង​ចិត្ត។ ​តើ​ទាំង​នេះ​មិន​មែន​ជា​ភាព​អនាធិបតេយ្យ​ក្នុង​វិស័យ​សុខាភិបាល​ទេឬ? ​និយាយ​បែប​នេះ ​គេ​ក៏​មិន​ត្រូវ​ភ្លេច​គ្រូពេទ្យ​ខ្លះ​ដែល​បាន​ខិតខំ​គោរព​ក្រមសីលធម៌ ​និង​បាន​ធ្វើអ្វីៗ​គ្រប់​យ៉ាង​ដើម្បី​លើក​កម្ពស់​វិស័យ​សុខាភិបាល​នោះ​ដែរ។ ​អ្នក​ទាំងនោះ​គួរ​តែ​ទទួល​បាន​ការគោរព ​និង​លើក​ទឹកចិត្ត។
យ៉ាងណា​ក៏ដោយ​ ក្រសួង​សុខាភិបាល​គួរ​គ្រប់គ្រង​វិស័យ​របស់​ខ្លួន​ឲ្យ​បាន​ល្អ​ជាង​សព្វថ្ងៃ។

ក្រៅពី​ការ​បង្កើន​គុណភាព​សុខាភិបាល,​ ការ​ពង្រឹង​សីលធម៌​គ្រូពេទ្យ ​និង​ធ្វើ​ឲ្យ​សុខាភិបាល​មាន​តម្លៃ​ថោក​សម្រាប់​ជនក្រីក្រ​គឺជា​រឿង​សំខាន់ ​និង​ត្រូវ​ចាត់​វិធានការ​ជាបន្ទាន់។​ បន្ទាប់​មក​ទៀត ​ការ​គ្រប់គ្រង​អាជីវកម្ម​ថ្នាំពេទ្យ ​និង​ផលិតផល​ទាក់ទង​នឹង​សុខភាព​គឺជា​រឿង​ចាំបាច់​មិន​អាច​ខាន​បាន​ពីព្រោះ​ ថា​ ភាព​អនាធិបតេយ្យ​ក្នុង​វិស័យ​នេះ​ក៏​ចូល​រួម​ចំណែក​យ៉ាង​សំខាន់​ដែរ​ក្នុង​ ការ​បំផ្លាញ​ថវិកា​គ្រួសារ​របស់​ពលរដ្ឋខ្មែរ​ដោយសារ​តែ​ការ​ជឿ​ទៅលើ​ការ​ ឃោសនា​មិន​សមហេតុផល។ ​ការ​បណ្តែត​បណ្តោយ​ឲ្យ​មាន​ភាព​អនាធិបតេយ្យ​ក្នុង​វិស័យ​សុខាភិបាល​គឺជា​ គ្រោះថ្នាក់​ធំធេង​សម្រាប់​សុខភាព​សាធារណៈ ​ក៏ដូច​ជា​គ្រោះ​ថ្នាក់​សម្រាប់​សង្គម​កម្ពុជា​ទាំង​មូល៕

ពាក្យគន្លឹះ : កម្ពុជា

ប្រភព RFI

  (http://www.khmer.rfi.fr/asia/20120117-LA-CHINE-COMPTE-PLUS-DE-CITADINS-QUE-DE-RURAUX)

ជាលើក​ទីមួយ​ក្នុង​ប្រវត្តិសាស្ត្រ​នៃ​ប្រទេសចិន​ដែល​មាន​ ប្រជាជន​ចិន​រស់នៅ​ក្នុង​ទីក្រុង​ច្រើន​ជាង​នៅ​តាម​ជនបទ។​ នេះជា​ការប្រកាស​ឲ្យដឹង​ដោយ​រដ្ឋាភិបាលចិន​នៅ​ថ្ងៃអង្គារ​ទី១៧​មករា​ ឆ្នាំ២០១២។​ បើយោងតាម​តួលេខ​របស់​ការិយាល័យ​ជាតិ​ខាងស្ថិតិ​ ​ នៅចុង​ឆ្នាំ២០១១នេះ​ ​ មាន​ប្រជាជន​ចិន​ប្រមាណ​៦៩០លាន​នាក់​រស់​នៅក្នុង​ទីក្រុង​ហើយមាន​ប្រមាណ​ ៦៥៦លាន​នាក់​រស់​នៅ​តាម​ស្រុកស្រែចម្ការ។​ តើទាំងនេះ​បណ្តាល​មកពី​មូលហេតុ​អ្វី?

បទវិភាគរបស់​ សៀក សារិន

17/01/2012 by សៀក សារិន

នារយៈ​ប៉ុន្មាន​ទសវត្សរ៍​ចុងក្រោយនេះ​ ​ គេ​កត់​សម្គាល់​ឃើញ​មាន​ប្រជាជន​ចិន​កាន់តែ​ច្រើនឡើងៗ​រត់​មក​រស់នៅ​ក្នុង​ ទីក្រុង។​ មូលហេតុ​ដែល​ជំរុញ​ឲ្យ​ប្រជាជន​ចិន​ធ្វើ​បែបនេះ​មានច្រើន៖

ទី១-​ បណ្តាល​មកពី​មាន​បញ្ហា​បញ្ឈប់​សមូហភាវកម្ម​ក្នុង​វិស័យ​កសិកម្ម។
ទី២-​ ឧស្សាហូបនីយកម្ម​ដែល​មាន​កាន់តែ​ខ្លាំងឡើងៗ​ក្នុង​ប្រទេសចិន​បាន​ទាក់ទាញ​ ប្រជាកសិករ​ឲ្យ​រត់​មក​រស់នៅ​ក្នុង​ទីក្រុង​ដើម្បី​លក់​កម្លាំង​បម្រើ​ ការងារ​ក្នុង​រោងចក្រ​ដែល​រក​ប្រាក់​បាន​ច្រើនជាង​ធ្វើការ​នៅ​តាម​ជនបទ។

ក្នុង​១ឆ្នាំៗ​មាន​ប្រជាជន​ចិន​ប្រមាណ​២១លាន​នាក់​ដែល​រត់​មក​រស់នៅ​ក្នុង​ ទីក្រុង។​ ហេតុ​ដូច្នេះហើយ​បាន​ជា​បច្ចុប្បន្ននេះ​ មាន​ប្រជាជន​ចិន​ប្រមាណ​៦៩០លាន​នាក់​រស់​នៅក្នុង​ទីក្រុង​ដែល​តំណាង​ដល់ទៅ​ ៥១,២៧%​នៃ​ប្រជាជនចិន​សរុប​ដែល​មាន​១ ៣៤៧លាន​នាក់​ហើយមាន​ប្រមាណ​៦៥៦លាន​នាក់​រស់​នៅ​តាម​ស្រុកស្រែ​ចម្ការ។​ គួរកត់​សម្គាល់ថា​ ​ កាលពី​៣០ឆ្នាំមុន​ប្រជាជនចិន​ដែល​រស់​នៅ​ក្នុង​ទីក្រុង​មានតែ​២០%​ប៉ុណ្ណោះ។

ហើយ​ប្រជាជនចិន​រស់នៅក្នុង​ទីក្រុង​នឹង​បន្ត​កើនឡើង​រហូត​ដល់ទៅ​៨០០លាន​នាក់ ​នៅ​រវា​ឆ្នាំ២០២០​ខាងមុខនេះ។​ នេះបើ​យោងតាម​របាយការណ៍​របស់​រដ្ឋាភិបាល​ចិន​ដែលបាន​ផ្សាយ​ឲ្យដឹង​នៅ​ខែតុលា ​ឆ្នាំ២០១១​កន្លងទៅ។​ នេះ​បាន​សេចក្តីថា​ ​ នៅចុង​ទសវត្សរ៍​នេះ​ ​ នឹងមាន​ប្រជាជន​ចិន​ប្រមាណ​ជាង​១០០លាននាក់​នឹង​រត់​មករស់​នៅ​ក្នុង​ទីក្រុង​ បន្ថែមទៀត។

បើ​នៅតែ​បែបនេះ​ ​ នៅ​រយៈពេល​២០ឆ្នាំ​ខាងមុខ​នឹងមាន​ប្រជាជន​ចិន​ដែល​រស់នៅ​ក្នុង​ទីក្រុង​ តំណាង​ដល់ទៅ​៧៥%​នៃ​ប្រជាជន​ចិន​សរុប​។​ ហើយទាំងនេះ​ច្បាស់​ជា​បង្ក​បង្កើត​ឲ្យ​មាន​ផលវិបាក​ធ្ងន់ធ្ងរ​ធ្វើឲ្យ​ ប៉ះពាល់​ដល់​វិស័យ​បរិស្ថាន​និង​ការអភិវឌ្ឍន៍​សង្គម-សេដ្ឋកិច្ច​របស់​ ប្រទេសចិន។

ការស្ទុះ​កើនឡើង​ខ្លាំង​នៃ​នគរូបនីយកម្ម​នឹង​តម្រូវ​ឲ្យ​មាន​ការ​អភិវឌ្ឍន៍​ ដ៏​សែន​ខ្លាំងក្លា​ ​ ដើម្បី​បំពេញ​សេចក្តី​ត្រូវការ​ក្នុង​វិស័យ​ហេដ្ឋារចនា​សម្ព័ន្ធ​ ​ វិស័យ​ដឹកជញ្ជូន​ ​ វិស័យ​ថាមពល​ ​ និង​ការ​សម្អាត​ទឹក​សម្រាប់​ប្រើប្រាស់​…..។ល។…..

ការស្ទុះ​កើន​ឡើង​យ៉ាង​ឆាប់ហ័ស​នៃ​វិស័យ​នគរូបនីយកម្ម​ចិននេះ​ក៏​នឹង​បង្ក​ ឲ្យ​កើតមាន​ផងទៀត​ “ភាពតានតឹង”​ រវាង​ “អ្នកក្រុង​ថ្មីថ្មោង”​ និង​ “អ្នកក្រុង​ជើងចាស់”​ ។​ ដោយហេតុថា​ ​ ​ “អ្នកក្រុង​ថ្មីថ្មោង”​ ​គ្មាន​សិទ្ធិ​ទទួលបាន​នូវ​សេវា​សង្គម​ក្នុង​វិស័យ​សុខាភិបាល​ឬ​អប់រំ​ដូច​​ “អ្នកក្រុង​ជើងចាស់”​ ឡើយ។​ ហេតុដូច្នេះហើយ​ ​ បាន​ជា​កូន​ចៅ​របស់​​ “អ្នកក្រុង​ថ្មីថ្មោង”​ បាន​ចាប់​ធ្វើការ​ទាមទារ​ឲ្យមាន​សិទ្ធិ​ដូច​កូនចៅ​”អ្នកក្រុង​ជើងចាស់”​ ក្នុងការ​ទទួលបាន​នូវ​សិទ្ធិ​សង្គម​ក្នុង​វិស័យ​សុខាភិបាល​និង​វិស័យ​អប់រំ។ ​ ហើយ​ស្ថានភាព​តានតឹងនេះ​ មាន​លក្ខណៈ​កាន់តែ​ធ្ងន់ធ្ងរ​នៅខណៈ​ដែលមាន​ប្រជាកសិករ​ចិន​កាន់​តែ​ច្រើន​ រត់​មក​រស់នៅ​ក្នុង​ទីក្រុង។​ សូម​បញ្ជាក់ថា​ ចាប់ពី​ពេលនេះ​ទៅទល់​ឆ្នាំ២០២៥​ ប្រទេស​ចិន​អាចនឹង​មាន​ទីក្រុង​ដែល​មាន​ប្រជាជន​យ៉ាងតិច​១លាន​នាក់​រស់នៅ​ ដល់ទៅ​២២១​ទីក្រុង​ ​ ហើយមាន​២៣ទីក្រុង​ដែល​មាន​ប្រជាជន​យ៉ាងតិច​៥លាន​នាក់​រស់នៅ​ ​ ទល់នឹង​ទ្វីប​អឺរ៉ុប​ទាំងមូល​ដែលមាន​ទីក្រុង​ដែល​មាន​ប្រជាជន​១លាននាក់​ រស់នៅ​តិចជាង​៤០។

នៅក្នុង​ជំនួប​ហ្វ័ររូម​អភិវឌ្ឍន៏​សហគ្រាស​ចិន​នៅពេល​ថ្មីៗ​កន្លង​ទៅនេះ ​​ សហគ្រិន​ចិន​យល់​ឃើញថា​ ​ អភិក្រម​នៃ​នគរូបនីយកម្ម​អាច​ជា​កត្តា​វិជ្ជមាន​ជួយ​ជំរុញ​ដល់​ការ​ទិញដូរ​ ហូបចុក​ផ្ទៃក្នុង​របស់​ប្រទេសចិន។​ ដោយហេតុ​ថា​ ​ បើមាន​ប្រជាជន​រស់​នៅ​ក្នុង​ទីក្រុង​កាន់តែ​ច្រើន​ ​ ទទួលបាន​ការអប់រំ​ខ្ពស់​ ​ នោះ​វិស័យ​ឧស្សាហកម្ម​កម្មន្តសាល​ចិន​ក៏​អាច​វិវឌ្ឍ​ទៅរក​បច្ចេកវិទ្យា​ កាន់តែ​ខ្ពស់​ផងដែរ​ ​ ហើយ​ប្រាក់ចំណូល​ដែល​រកបាន​ដោយ​អ្នក​ទីក្រុង​ដែលមាន​កាន់តែ​ច្រើនឡើងៗ​ក៏​ ពិតជា​បច្ច័យ​ដ៏​វិជ្ជមាន​ជួយ​ជំរុញ​វិស័យ​ទិញដូរ​ហូបចុក​ផ្ទៃក្នុង​របស់​ ប្រទេសចិន៕

ប្រភព​ ​RFI

ចំពោះ​មុខ​តំណាង​​ប្រទេស​​មហាអំណាច​ទាំង​៥ ជា​សមាជិក​​ អចិន្ត្រៃយ៍​របស់​​ក្រុម​ប្រឹក្សា​​សន្តិសុខ​​​​​អង្គការ​សហប្រជាជាតិ​រួម​ មាន ​ចិន ​អាមេរិក​ បារាំង​ អង់គ្លេស​ និង​​រុស្ស៊ី​ នៅ​​ព្រឹក​​ថ្ងៃ​ទី​​២០ ​ខែ​​មករា​​នេះ ​លោក​​ឧបនាយក​រដ្ឋមន្ត្រី​ ហោ ​ណាំហុង ​រដ្ឋមន្ត្រី​ការបរទេស​​កម្ពុជា​ បាន​ជំរុញ​​ឲ្យ​​ប្រទេស​​មហា​អំណាច​​ទាំង​​៥​ ចុះ​ហត្ថលេខា​​លើ​​ពិធី​សារ​​នៃ​​សន្ធិសញ្ញា​ស្ដីពី​ តំបន់​​អាស៊ី​អាគ្នេយ៍​ គ្មាន​​អាវុធ​​នុយក្លេអ៊ែរ​។​ ក្នុង​នាម​​ជា​​ប្រធាន​​អាស៊ាន ​ប្រមុខ​​ការទូត​​កម្ពុជា​​ចង់​ឲ្យ​​ប្រទេស​​មហា​អំណា​ច​ទាំង​​៥​ ចុះ​ហត្ថលេខា​​លើ​​ពិធីសារ​​នោះ​នៅ​ក្នុង​​កិច្​ចប្រជុំ​នា​​ខែ​​កក្កដា​​ ខាង​មុខ​។​​

សេចក្តីរាយការណ៍​របស់ លី ម៉េងហូរពីភ្នំពេញ

20/01/2012 by លី ម៉េងហួរ

លោក ហោ ណាំហុងរដ្ឋមន្ត្រីការបរទេស​កម្ពុជា ក្នុងនាម​ជា​ប្រធាន​អាស៊ាន បាន​ជួប​ជាមួយ​ឯក​អគ្គរាជទូត ឯកអគ្គរដ្ឋទូត និង​ភារធារី ស្ថានទូត​អាមេរិក អង់គ្លេស បារាំង ចិន និង​ទូត​រុស្ស៊ី កាលពី​ព្រឹក​មិញ​។

ក្រោយ​ពី​កិច្ចប្រជុំ​ដោយ​បិទទ្វារ ប្រហែល ១ ម៉ោង លោក កុយ គួង អ្នកនាំ​ពាក្យ​ក្រសួង​ការបរទេស​​កម្ពុ​ជា បានឲ្យដឹងថា ក្នុងឋានៈ​ជា​ប្រធាន​អាស៊ាន លោក​រដ្ឋមន្ត្រី​ការ​បរទេស​កម្ពុជា ហោ ណាំហុង បាន​ជំរុញ​ឲ្យ​ប្រទេស​មហាអំណាច​ទាំង​៥ធ្វើយ៉ាងណា​ឆ្លើយ​តប​​ឲ្យបាន​ឆាប់ ដើម្បី​​​​​ឲ្យ​អាចចុះហត្ថលេខា​លើពិធីសារ នៃសន្ធិសញ្ញា ស្តីពី តំបន់អាស៊ីអាគ្នេយ៍ គ្មានអាវុធ​នុយក្លេអ៊ែរ ក្នុងពេ​ល​កម្ពុជា ធ្វើជា​ប្រធាន​អាស៊ាន នៅ​ឆ្នាំ​២០១២​នេះ​។

​ការចុះហត្ថលេខា​របស់​ប្រទេស​មហាអំណាច​ទាំង​៥ លើ​ពិធីសារ នៃ​សន្ធិសញ្ញា​ស្តីពី​តំបន់​អាស៊ីអាគ្នេយ៍​គ្មាន​អាវុធ​នុយក្លេអ៊ែរ ត្រូវបាន​លោក កុយ គួង អត្ថាធិប្បាយ​ថា ទី​១-​ដើម្បី​ធ្វើឲ្យ​តំបន់​អាស៊ីអាគ្នេយ៍ ជា​តំបន់​មួយ គឺ​ពិតជា​គ្មាន​អាវុធ​នុយក្លេអ៊ែរ ហើយ​ទី​២-​រួមចំណែក​ក្នុង​ការពង្រឹង​សន្ធិសញ្ញា​មិន​រីកសាយ​អាវុធ​ នុយក្លេអ៊ែរ​។

​តាម​អ្នកនាំពាក្យ នៅក្នុង​ជំនួប​ជាមួយ​តំណាង​ប្រទេស​មហាអំណាច​ទាំង​៥​នោះ លោក ហោ ណាំហុង បានប្រគល់​ឯកសារ ជាពិសេស​សំណួរ ៣ ដែល​កម្ពុជា​សុំឲ្យ​ប្រទេស​មហាអំណា​ច​ទាំង​៥ ឆ្លើយបំភ្លឺ​ឲ្យបាន​ឆាប់​។ សំណួ​រទាំង​៣​នោះ មាន​លក្ខណៈ​បច្ចេកទេស​លម្អិត ដែល​លោក កុយ គួង សុំ​មិន​ធ្វើការ​អត្ថាធិប្បាយ​ទេ​។

​នៅ​ឆ្នាំ​១៩៩៥ អាស៊ាន​បាន​ចុះហត្ថលេខា​លើ​សន្ធិសញ្ញា ស្ដីពី តំបន់​អាស៊ីអាគ្នេយ៍​គ្មាន​អាវុធ​នុយក្លេអ៊ែរ​។ នៅ​ឆ្នាំ​១៩៩៧ សន្ធិសញ្ញា​នេះ បាន​ចូល​ជា​ធរមាន​។ ការពិគ្រោះ​យោបល់​ផ្ទាល់​រវាង​អាស៊ាន និង​ប្រទេស​មហាអំណាច​ទាំង​៥ បាន​ធ្វើឡើង​ជា​បន្តបន្ទាប់ ចាប់តាំងពី​ខែ​ឧសភា ឆ្នាំ​២០០១ ក្នុង​កិច្ចប្រជុំ​កំពូល​អាស៊ាន នៅ​ទីក្រុង​ហាណូយ និង​កិច្ចប្រជុំ​ជាច្រើន​ទៀត រហូត​មក​ដល់​ឆ្នាំ​២០១១ ទើប​ប្រទេស​មហាអំណាច​ទាំង​៥ បាន​ឯកភាព​ជា​គោលការណ៍ដើម្បី​ចុះ​ហត្ថលេខា​​លើ​ពិធីសារនៃ​សន្ធិសញ្ញាស្តីពី តំបន់​អាស៊ីអាគ្នេយ៍ គ្មាន​អាវុធ​នុយក្លេអ៊ែរ​។

​លោក កុយ គួង បាន​បន្ថែមថា ឯកអគ្គរាជទូត ឯកអគ្គរដ្ឋទូត និង​ភារធារី នៃ​ប្រទេស​មហា​អំណាច​​ទាំង​៥ មិន​បាន​មាន​យោបល់​អ្វី​ទេ តែ​គេ​សន្យាថា នឹង​បញ្ជូន​សំណើ​នេះ ទៅ​ឲ្យ​រដ្ឋាភិបាល​។​

​កិច្ចប្រជុំ​រវាង​ប្រមុខ​ការទូត​កម្ពុជា និង​ទូត​តំណាង​ប្រទេស​មហាអំណាច​ទាំង ៥ កាលពី​ថ្ងៃ​ទី​២០ ខែ​មករា ឆ្នាំ​២០១២ បាន​ធ្វើឡើង ក្រោយពី​កិច្ចប្រជុំ​រដ្ឋមន្ត្រីការបរទេស​អាស៊ាន​ចង្អៀត នៅ​​ខេត្ត​សៀមរាប កាលពី​ថ្ងៃ​ទី​១១ ខែ​មករា ឆ្នាំ​២០១២​។

ជា​លទ្ធផល កិច្ចប្រជុំ បាន​ឯកភាព ជំរុញ​ឲ្យមាន​ការវិវ​ឌ្ឍ​ន៍ ក្នុង​ការចរចា​រវាង​អាស៊ាន ជាមួយ​ប្រទេស​មហាអំណាច​នុយក្លេអ៊ែ​រ ទាំង ៥ ប្រទេស ស្តីពី ពិធីសារ​សន្ធិសញ្ញា​តំបន់​អាស៊ីអាគ្នេយ៍​គ្មាន​អាវុធ​នុយក្លេអ៊ែរ ដើម្បី​ឈាន​ទៅ​ចុះហត្ថលេខា​លើ​ពិធីសារ​នេះ​ឲ្យបាន​ឆាប់ នៅក្នុង​កិច្ច​ប្រជុំ​រដ្ឋមន្ត្រីការបរទេស​អាស៊ាន លើក​ទី​៤៥ នៅ​ខែ​កក្កដា ឆ្នាំ​២០១២ ដែល​ជា​ព្រឹត្តិការណ៍​ប្រវត្តិសាស្ត្រ​ដ៏​សំខាន់ ក្នុង​ការកសាង​របប​គ្មាន​អាវុធ​នុយក្លេអ៊ែរ ក្នុង​តំបន់​អាស៊ីអាគ្នេយ៍ និង​ពិភពលោក​៕​

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