These articles of law address the extinction of obligations, outlining various ways a legal duty can end. Key methods include performance of the obligation, set-off where mutual obligations cancel each other, release by the obligee, novation which replaces an old obligation with a new one, and merger where the obligation and corresponding claim are held by the same entity. The text also covers the burden of risk in contracts when performance becomes impossible, particularly concerning the transfer of property, and the concept of subrogation, allowing an obligee to exercise the rights of the obligor under certain conditions, as well as the right to seek rescission of fraudulent acts by the obligor.
Source: Civil Code of Cambodia
PART ONE: PUTTING A PRICE TAG ON LIFEToday, companies and governments often use Jeremy Benthams utilitarian logic under the name of cost-benefit analysis. Sandel presents some contemporary cases in which cost-benefit analysis was used to put a dollar value on human life. The cases give rise to several objections to the utilitarian logic of seeking the greatest good for the greatest number. Should we always give more weight to the happiness of a majority, even if the majority is cruel or ignoble? Is it possible to sum up and compare all values using a common measure like money?PART TWO: HOW TO MEASURE PLEASURESandel introduces J.S. Mill, a utilitarian philosopher who attempts to defend utilitarianism against the objections raised by critics of the doctrine. Mill argues that seeking the greatest good for the greatest number is compatible with protecting individual rights, and that utilitarianism can make room for a distinction between higher and lower pleasures. Mills idea is that the higher pleasure is always the pleasure preferred by a well-informed majority. Sandel tests this theory by playing video clips from three very different forms of entertainment: Shakespeares Hamlet, the reality show Fear Factor, and The Simpsons. Students debate which experience provides the higher pleasure, and whether Mills defense of utilitarianism is successful.
Source: Harvard University
Link: https://www.youtube.com/watch?v=0O2Rq4HJBxw
PART ONE: THE MORAL SIDE OF MURDERIf you had to choose between (1) killing one person to save the lives of five others and (2) doing nothing even though you knew that five people would die right before your eyes if you did nothing—what would you do? What would be the right thing to do? Thats the hypothetical scenario Professor Michael Sandel uses to launch his course on moral reasoning. After the majority of students votes for killing the one person in order to save the lives of five others, Sandel presents three similar moral conundrums—each one artfully designed to make the decision more difficult. As students stand up to defend their conflicting choices, it becomes clear that the assumptions behind our moral reasoning are often contradictory, and the question of what is right and what is wrong is not always black and white. PART TWO: THE CASE FOR CANNIBALISMSandel introduces the principles of utilitarian philosopher, Jeremy Bentham, with a famous nineteenth century legal case involving a shipwrecked crew of four. After nineteen days lost at sea, the captain decides to kill the weakest amongst them, the young cabin boy, so that the rest can feed on his blood and body to survive. The case sets up a classroom debate about the moral validity of utilitarianism—and its doctrine that the right thing to do is whatever produces "the greatest good for the greatest number."
The provided text outlines legal principles regarding contract performance and the remedies available for non-performance. It details the obligations of parties in a contract, including the duty to perform in good faith, and the right to demand performance. The text also describes various defenses to performance, such as simultaneous performance and insecurity, and defines different types of non-performance, including delayed, impossible, and incomplete performance. Furthermore, it explains the potential remedies for a breach, including compulsory performance, demanding damages, and contract termination, specifying the requirements and scope for each. Finally, the document touches on extinctive prescription periods for claims related to non-performance and the effect of contract termination, including the requirement to return parties to their original state.
This legal text outlines the principles governing the formation of contracts through offer and acceptance, specifying the requirements for valid agreements and the conditions under which offers can lapse or be revoked. It also details circumstances that can render a contract void or voidable, such as mistakes, fraud, misrepresentation, duress, or abuse of circumstances. Furthermore, the document addresses the concept of agency, including the creation, scope, and termination of agency relationships, as well as the implications of acting without proper authorization and the concept of agency by estoppel. Finally, it describes contracts that benefit a third party, defining the roles of the parties involved and the rights granted to the beneficiary.
Cambodian Obligations Law_ General Provisions (Civil Code)
របបនៃការប្រកាសទោស ភាគ២
របបនៃការប្រកាសទោស ភាគ១
ការមិនទទួលខុសត្រូវព្រហ្មទណ្ឌ
ការទទួលខុសត្រូវព្រហ្មទណ្ឌ
ដែនអនុវត្តនៃក្រមព្រហ្មទណ្ឌ
គោលការណ៍ទូទៅនៃក្រមព្រហ្មទណ្ឌ
សិទ្ធិរបស់ភាគីនៅក្នុងរឿងក្តីព្រហ្មទណ្ឌ (ភាគ២_២)
សិទ្ធិរបស់ភាគីនៅក្នុងរឿងក្តីព្រហ្មទណ្ឌ (ភាគ១_២)
បណ្តឹងក្នុងរឿងក្តីព្រហ្មទណ្ឌ
សមត្ថកិច្ចពិសេសនៃសភាស៊ើបសួរនៅក្នុងរឿងបត្យាប័ន
នីតិវិធីប្តឹងតវ៉ាក្នុងរឿងក្តីព្រហ្មទណ្ឌ