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Article 477. Calculation of losses upon termination of the contract 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 477. Calculation of losses upon termination of the contract of the Civil Code of the Republic of Kazakhstan

     1. If, within a reasonable period after the termination of the contract, as a result of the seller's breach of obligation, the buyer has purchased the goods instead of the one provided for in the contract from another person at a higher but reasonable price, he may claim damages to the seller in the form of the difference between the price specified in the contract and the price of the transaction made in return.

     2. If, within a reasonable period after termination of the contract, as a result of a breach of obligation by the buyer, the seller has sold the goods to another person at a lower but reasonable price than stipulated in the contract, the seller may claim damages to the buyer in the form of the difference between the price specified in the contract and the price of the transaction made in return.

     3. If, after the termination of the contract on the grounds provided for in paragraphs 1 and 2 of this article, no transaction has been completed to replace the terminated contract and the current price for the goods is available, the party may file a claim for damages in the form of the difference between the price specified in the contract and the current price at the time of termination.

     The current price is the price usually charged under comparable circumstances for a similar product at the place where the goods are to be transferred. If there is no current price in this location, the current price applied elsewhere can be used, which can serve as a reasonable substitute, taking into account the difference in transportation costs.

     4. Satisfaction of the requirements provided for in paragraphs 1-3 of this Article does not release the party that has not fulfilled its obligations from compensation for other losses caused to the other party on the basis of paragraph 4 of Article 9 of this Code.

 

 

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