Article 159. Grounds for invalidity of transactions of the Civil Code of the Republic of Kazakhstan
1. A transaction made without obtaining the necessary permission or after the expiration of the permit is void.
2. A transaction that pursues the goals of unfair competition or violates the requirements of business ethics may be declared invalid by a court.
3. A transaction made by a person under the age of fourteen (a minor) is void, except for transactions provided for in Article 23 of this Code.
4. A transaction made by a minor who has reached the age of fourteen without the consent of his legal representatives, except for transactions that he legally has the right to make independently, may be declared invalid by a court at the request of legal representatives. The rules of this article do not apply to transactions of minors recognized as fully capable in accordance with this Code (paragraph 2 of Article 17, Article 22-1 of this Code).
5. A transaction made by a person who has been declared legally incompetent due to mental illness or dementia is void. A transaction made by a citizen who was subsequently declared legally incompetent (Article 26 of this Code) is contested and may be declared invalid by a court at the request of his guardian if it is proved that this citizen was already in a state of mental disorder at the time of the transaction.
6. At the request of the trustee, the court may invalidate a transaction made by a person limited in legal capacity by the court.
7. A transaction made by a citizen, although legally capable, but who was in a state at the time of its commission when he could not understand the meaning of his actions or direct them, may be declared invalid by the court at the request of this citizen, but if during his lifetime the citizen did not have the opportunity to file a claim, after the death of the citizen - according to the claim other interested parties.
8. A transaction made as a result of a significant misconception may be declared invalid by a court at the request of a party acting under the influence of a misconception. It is essential to be mistaken about the nature of the transaction, the identity or such qualities of its subject matter that significantly reduce the possibility of its intended use. An error in motives may serve as a ground for invalidating a transaction only if such a motive is included in its content as a suspensive or canceling condition (Article 150 of this Code).
If the error was the result of the gross negligence of the participant in the transaction or is covered by his business risk, the court, taking into account the specific circumstances and interests of the other participant in the transaction, has the right to dismiss the claim for invalidation of the transaction.
9. A transaction made under the influence of deception, violence, threats, as well as a transaction that a person was forced to make due to a combination of difficult circumstances on extremely unfavorable terms for himself, which the other party took advantage of (bonded transaction), may be declared invalid by the court at the claim of the victim.
10. A transaction made as a result of a malicious agreement between a representative of one party and the other party may be declared invalid by the court at the request of the injured party. Compensation for losses incurred by the injured party (paragraph 4, Article 9 of this Code) may be imposed on an unscrupulous representative in a subsidiary manner.
11. A transaction made by a legal entity in contradiction with the objectives of its activities specifically limited by this Code, other legislative acts of the Republic of Kazakhstan or constituent documents, or in violation of the statutory competence of its body, may be declared invalid at the request of the owner of the property of the legal entity or its founder (participant), if it is proved that the other party to the transaction knew or I should have known about such violations.
12. Transactions provided for in paragraphs 3, 5 of this Article, at the request of the legal representatives of minors or incapacitated persons, may be recognized as valid by a court decision if they are committed to the benefit of these persons.
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
