Article 806. Compulsory and voluntary insurance of the Civil Code of the Republic of Kazakhstan
1. Compulsory insurance:
1) insurance carried out by virtue of the requirements of legislative acts, the types, conditions and procedure of which are established by separate legislative acts of the Republic of Kazakhstan regulating compulsory types of insurance, with the exception of public relations in the field of compulsory social insurance.
2) insurance, in which the requirement for compulsory insurance, types and minimum conditions of insurance (including the object of insurance, insurance risks and minimum amounts of insurance amounts) are established by legislative acts of the Republic of Kazakhstan, and other conditions and procedures for insurance are determined by agreement of the parties (imputed insurance).
2. The obligation to insure one's life or health cannot be imposed on a citizen either by legislative acts of the Republic of Kazakhstan or by a contract.
Compulsory insurance is provided at the expense of the policyholder.
Compulsory insurance, the types, conditions and procedure of which are established by a separate legislative act of the Republic of Kazakhstan regulating the compulsory type of insurance, may be introduced provided it is economically justified, widespread and socially significant.
3. In cases where the obligation of insurance does not follow from a legislative act of the Republic of Kazakhstan, but is based on a contract, such insurance is not mandatory and does not entail the consequences provided for in Article 808 of this Code.
4. When concluding a compulsory insurance contract, the types, conditions and procedure of which are established by a separate legislative act of the Republic of Kazakhstan regulating the compulsory type of insurance, the policyholder is obliged to conclude a contract with the insurer on the terms prescribed by this legislative act of the Republic of Kazakhstan.
In case of imputed insurance, the contract with the insurer is concluded on the terms determined by the agreement of the parties, in compliance with the minimum conditions established by the legislative acts of the Republic of Kazakhstan.
5. A compulsory insurance contract, the types, conditions and procedure of which are established by a separate legislative act of the Republic of Kazakhstan regulating the compulsory type of insurance, may be concluded only with an insurer licensed to carry out this type of insurance. The conclusion of a compulsory insurance contract, the types, conditions and procedure of which are established by a separate legislative act of the Republic of Kazakhstan regulating the compulsory type of insurance, is mandatory for an insurer licensed to carry out this type of insurance, except in cases provided for by the laws of the Republic of Kazakhstan.
6. Voluntary insurance – insurance carried out by virtue of the will of the parties.
The types, conditions and procedure of voluntary insurance are determined by agreement of the parties.
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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