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Home / Codes / Article 50. Replacement of an improper defendant of the Civil Procedure Code of the Republic of Kazakhstan

Article 50. Replacement of an improper defendant of the Civil Procedure Code of the Republic of Kazakhstan

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

Article 50. Replacement of an improper defendant of the Civil Procedure Code of the Republic of Kazakhstan

     1. Replacement of the defendant is allowed before the beginning of consideration of the case on the merits in the court of first instance. The court, having established that the claim was brought against the wrong person who should be responsible for the claim, may, at the request of the plaintiff, without terminating the case, allow the replacement of the improper defendant with the proper one. After the replacement of an improper defendant, the preparation of the case and its consideration at the court session are carried out from the very beginning. The term of consideration of the case is calculated from the date of completion of the preparation of the case for trial.

     2. If the plaintiff does not agree to replace the improper defendant with a proper defendant, the court considers and resolves the case according to the claim.

 

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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