A successful case is the cancellation of the executive inscription by a Notary
When examining the executive inscription, it was found out that the Notary had established the amount owed by gr. And to LLP "B" (Hereinafter referred to as the Recoverer), the debt in the amount of 1 tenge, as well as the expenses incurred by the recoverer for the execution of the executive inscription in the amount of 1 tenge, the total amount to be recovered in the amount of 2 tenge. Under the contract of assignment of the right of claim No. 1 dated 16.10.2019, concluded by LLP "B” (hereinafter referred to as the Assignor) and gr. In (Hereinafter referred to as the Assignee), the rights of claim were assigned by the Assignor in favor of the Assignee, located at: Almaty, Almaly district, Astana str., 85, office 72. We do not agree with the executive inscription for the following reasons: The Executive inscription does not contain any information about legal relations with LLP "B", of which A had debts to the recoverer, and did not enter into any civil relations with LLP "B". Data on this loan is not available in the database of the first credit bureau.
A successful case is the cancellation of the executive inscription by a Notary
In accordance with paragraph 2 of Article 92-1 of the Law of the Republic of Kazakhstan "On Notaries" (hereinafter referred to as the Law), on the basis of an executive inscription or a corresponding resolution, debt is collected for the following indisputable requirements for the performance of an obligation based on a written transaction, the due date of which has come and the default is recognized by the debtor, including in response to a claim sent by to the recoverer in the order of pre-trial settlement of the dispute. In my case, the Claimant's claim is not indisputable, since I do not agree that any loan agreement was concluded between A and the Claimant. By virtue of clause 1 of Article 382 of the Civil Code of the Republic of Kazakhstan, the terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant condition is prescribed by law. According to clause 1 of Article 383 of the Civil Code of the Republic of Kazakhstan, the contract must comply with the rules binding on the parties, established by law (mandatory norms) in force at the time of its conclusion. By virtue of clause 1 of Article 159 of the Civil Code, a transaction made without obtaining the necessary permission is void. From clauses 2 and 3 of Article 157-1 of the Civil Code, it follows that an invalid transaction does not entail legal consequences, except for those related to its invalidity. In case of invalidity of the transaction, each of the parties is obliged to return to the other everything received under the transaction. Due to the failure of the Recoverer to fulfill the obligations stipulated by law, we have the opinion that the actions of the Recoverer are aimed at seizing property by deceiving and abusing the Applicant's trust. In accordance with clauses 2 of Articles 92-6 of the Law, the debtor has the right, within ten working days from the date of receipt of a copy of the executive inscription or the relevant resolution, to send objections to the stated claim in writing with notification to the notary who executed the executive inscription or issued the relevant resolution. According to paragraph 3 of Articles 92-6 of the Law, the debtor's objection must contain the reasons for disagreement with the stated claim. In accordance with paragraph 1 of Articles 92-8 of the Law, the notary issues a resolution on the cancellation of the executive inscription no later than three working days from the date of receipt of the objection. Copies of the resolution on the cancellation of the executive inscription are sent to the recoverer and the debtor no later than the next business day after its issuance.
A successful case is the cancellation of the executive inscription by a Notary
Based on the above, in accordance with paragraph 2 of Articles 92-6 of the Law of the Republic of Kazakhstan "On Notaries", they asked to cancel the Notary's executive inscription No. 01235 dated 08/13/2019, on collecting the amount of debt from A, in favor of B in the amount of 2 tenge.
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