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Home / RLA / Article 336. Termination of guarantees and guarantees of the Civil Code of the Republic of Kazakhstan

Article 336. Termination of guarantees and guarantees of the Civil Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 336. Termination of guarantees and guarantees of the Civil Code of the Republic of Kazakhstan

     1. A guarantee and surety shall terminate upon termination of the obligation secured by it, unless the contract provides for other cases of termination of the guarantee, as well as in the event of a change in this obligation entailing increased liability or other adverse consequences for the guarantor and the surety, without the consent of the latter.

     2. The guarantee and surety shall terminate with the transfer to another person of the debt under the obligation secured by the guarantee or surety, unless the guarantor or surety has given the creditor consent to be responsible for the new debtor.

     3. The guarantee and surety shall be terminated if, upon the expiration of the term of performance of the obligation secured by it, the creditor has refused to accept the proper performance proposed by the debtor or the guarantor and the surety.

     4. The guarantee and surety are terminated upon the expiration of the period for which they are given, specified in the guarantee or surety agreement. If such a period is not established, they are terminated if the creditor does not file a claim against the guarantor or surety within one year from the date of the deadline for the fulfillment of the obligation secured by the guarantee or surety. When the deadline for fulfilling the main obligation is not specified and cannot be determined or determined by the time of demand, the guarantee and surety are terminated unless the creditor files a claim against the guarantor or surety within two years from the date of conclusion of the guarantee or surety agreement, unless otherwise provided by legislative acts.

 

 

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