Article 364. Fault of the creditor of the Civil Code of the Republic of Kazakhstan
1. If the non-fulfillment or improper fulfillment of an obligation is due to the fault of both parties, the court reduces the amount of the debtor's liability accordingly. The court also reduces the amount of the debtor's liability if the creditor intentionally or negligently contributed to an increase in the amount of losses caused by non-performance or improper performance, or did not take reasonable measures to reduce them.
2. The rules of paragraph 1 of this article shall apply accordingly in cases where the debtor, by virtue of a legislative act or contract, is responsible for non-fulfillment or improper fulfillment of an obligation, regardless of his fault.
President
Republic of Kazakhstan
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