Law in Kazakhstan

PAL, Law on consumer rights protection etc.)
Others.

Law

Property right

Objects of Civil Law

Transactions

Representation and Power of Attorney

Law of

Obligations.

General Part

rights and their defense in the court

Unrestricted circulation of goods,

services and monetary resources in the entire territory of the RK.

Note: Restrictions are allowed only in accordance with the legislative acts, where it is necessary for ensuring security, protection of life and health of the people, protection of the natural environment and cultural valuables.

(real damage + lost profit) and moral damage.

[art.13 CC]

one’s birth and ends with one’s death. [art.13(2) CC]

Content of

LC: to owe any property, inherit, choose place of residence, to have intellectual property etc. [art.14 CC]

own actions to obtain and to exercise his civil rights,

to create for himself civil obligations and to fulfill them [art.17 CC]

[art.17(1) CC]

Marriage at 16 years old or emancipation – full

AC at 16. [art.17(2) CC]

of state registration (ZAGS) gives permission. Minor receives full AC

from the moment of registration of marriage.

Emancipation at the age of 16-18. Organ of Guardianship and Tutorship makes decision. Minor receives full AC from the moment when the decision was made.

[art.22 CC]

All bargains – with the consent of parents, adopters

or tutors

Dispose own income and objects of their intellectual property, make day-to-day bargains

the bargains are made by parents, adopters and guardians

Simple day-to-day

bargains correspondent to their age

one’s family in difficult financial situation [art.27 CC]

person does not realize own actions [art. 26 CC]

on the basis of property right, right of business authority

or right of operational management;
is liable for its obligations with this property;
can in its own name acquire and exercise property and personal non-property rights and obligations;
can be a plaintiff and a defendant in the court;
has independent balance-sheet or budget.

A legal entity has a seal with its name. (art. 33 CC)

between the participants
Types of commercial organizations:
state enterprise
business partnership
joint stock company
production

cooperative society (art. 34 (1,2) CC)

main aim
The income is not distributed between the participants
Types of

non-commercial organizations:
Institution
Public foundation
Non-commercial joint-stock company
Religious association
Consumer cooperative society
Social fund
Other types (art. 34 (1,3) CC)

creation (registration) or from the moment of the obtaining of

a license, if the license is required for that activity.
Finishes at the moment of the end of its liquidation or at the moment of expiry of the license, if the license was required for that activity (art. 35 (1,2) CC )

which is divided into shares of the founders.
The property of

the business partnership, created on the basis of investments of the founders as well as the property that was produced or acquired by the business partnership during the period of its activity belongs to that business partnership on the basis of property right (art. 58 (1) CC)

case of insufficiency of the property of the partnership, bare

the joint liability for the obligations of the partnership with all their property (art. 63 CC)

kommandit partnership
besides one or more general partners there are also one or more participants with limited liability; only general partners can manage the business activity of the partnership (art.72 CC)

limited liability partnership
its partners bear the risk of losses associated with the activities of the partnership within the limits of the contributions made by themselves (art.77 CC)

partnership with additional liability
its participants are liable for the obligations of the partnership with their investments to the charter fund and in the case those are insufficient – additionally with the property that belongs to them in the amount proportionate to the contributions made by them (art.84 CC)

emission of shares with the scope to attract the money

for executing of its activity (art.3 (1) of the Law of RK on JSC)
its participants (shareholders) bear the risk of losses associated with the activities of company within the limits of the shares that belong to them.

dispose (art.188 CC)

state enterprise, which has received the property from the state

and which exercises the right to possess, to use and to dispose towards that property, as it is provided for by the legislation of the Republic of Kazakhstan. (art.196 CC)

transmit the property to the other people
exchange
give in a long-term

lease (over 3 years)
give on the non-paid basis the right to use the property to the other people
create branches of the state enterprise
establish joint productions and joint companies together with private entrepreneurs, invest therein their production and monetary capital
give credits to the private entrepreneurs with the interest lower than the one constituted by the National bank of the RK. (art.200 CC)

an institution, state institution, financed by the owner, or of

a budget enterprise, which has received the property from the owner and which exercises the right to use, to possess and to dispose of the property in accordance with the legislation of the Republic of Kazakhstan, with the aims of its activity, with the tasks of the owner and with the destination of this property. (art.202 CC)

determine the legal destiny of the property which the company

had received on the basis of the balance-sheet. (art. 206 CC)

as a result of the use of property.
Find, treasure
Acquisitive prescription

– a person or legal entity, who is not the owner of property but in good faith, openly, and uninterruptedly possesses immovable property as his own for fifteen years or other property for five years acquires the right of ownership in such property.

the alienation of this property.
Inheritance
Reorganization of a juridical person the

right of ownership in the property belonging to it passes to the juridical persons-legal successors of the reorganized juridical person.

of his property to other persons;
Renunciation of the property

right by the owner;
Perishing or destruction of the property;
Loss of the property right to property in other instances provided for by legislation.

of property which by virtue of legislative acts can not

belong to the particular person
Requisition (in cases of emergency)
Confiscation (by court decision as punishment)
Withdrawal of a land plot;
Purchase of improvidently maintained cultural and historical values.