Article 5. Application of civil legislation by analogy with the Civil Code of the Republic of Kazakhstan

     1. In cases where the relations provided for in paragraphs 1 and 2 of Article 1 of this Code are not directly regulated by legislation or agreement of the parties and there are no customs applicable to them, the norms of civil legislation governing similar relations (analogy of the law) shall apply to such relations, insofar as this does not contradict their essence.

     2. If it is impossible to use the analogy of law in these cases, the rights and obligations of the parties are determined based on the general principles and meaning of civil legislation and the requirements of good faith, reasonableness and fairness (analogy of law).

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