Article 235. Grounds for the acquisition of ownership rights of the Civil Code of the Republic of Kazakhstan

Home / RLA / Article 235. Grounds for the acquisition of ownership rights of the Civil Code of the Republic of Kazakhstan

1. Ownership of a new item belongs to the person who manufactured or created it, unless otherwise provided by the contract or legislation.

Ownership of fruits, products, and income derived from the use of property is acquired in accordance with Article 123 of this Code.

2. Ownership of property owned by an owner may be acquired by another person on the basis of a contract of sale, barter, donation or other transaction on the alienation of this property.

In the event of a citizen's death, ownership of his property is inherited by other persons in accordance with a will or law.

In case of reorganization of a legal entity, ownership of the property belonging to it passes to legal entities - legal successors of the reorganized legal entity (Article 46 of this Code).

Alienation of property from the owner to another person against the will of the owner is not allowed, except in cases provided for by this Code.

3. In the cases and in accordance with the procedure provided for by this Code, a person may acquire ownership of property that does not have an owner, property whose owner is unknown, or property that the owner has abandoned or lost ownership of for other reasons.

3-1. In cases and in accordance with the procedure provided for by the laws of the Republic of Kazakhstan, the State acquires ownership of property in the event of requisition, nationalization, forced seizure of land, including for state needs, as well as in the event of alienation of immovable property in connection with the seizure of land.

4. Members of a consumer cooperative (housing, housing construction, cottage, garage or other), other persons entitled to share accumulation, who have fully paid their share contribution for an apartment, cottage, garage, or other premises provided to these persons by the cooperative for use, acquire ownership of the specified property.

IZPI's note! Article 235 is provided to be supplemented by paragraph 5 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2025 No. 204-VIII (effective sixty calendar days after the date of its first official publication).

5. Relations related to the acquisition of ownership rights or other property rights of an individual, legal entity and (or) a person operating in accordance with a joint venture agreement (simple partnership, consortium) for an apartment and (or) non-residential premises or an individual residential building, or their share in the field of equity participation in housing construction in an apartment building under construction or a complex of individual residential buildings is regulated by the Law of the Republic of Kazakhstan "On Equity Participation in Housing Construction".

The Civil Code of the Republic of Kazakhstan (General part) dated December 27, 1994

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