Article 935. Accounting for the guilt of the victim and the property status of the person who caused harm to the Civil Code of the Republic of Kazakhstan
1. The damage caused as a result of the victim's intent is not subject to compensation.
2. If the gross negligence of the victim himself contributed to the occurrence or increase of harm, then, depending on the degree of guilt of the victim and the causer of the harm, the amount of compensation should be reduced, with the exception of the cases provided for in paragraph 4 of this article.
3. In case of gross negligence on the part of the victim and the absence of guilt on the part of the causer, in cases where his responsibility arises regardless of guilt, the amount of compensation must be reduced or compensation for damage may be refused, unless otherwise provided by legislative acts. In case of harm to the life and health of a citizen, a complete refusal of compensation is not allowed.
4. The guilt of the victim is not taken into account in the compensation:
additional expenses (Article 937 of this Code);
earnings (income) lost as a result of damage to health in connection with the establishment of the degree of loss of professional ability to work in the performance of his labor (official) duties (Article 938 of this Code);
harm to persons who have suffered damage as a result of the death of a citizen (Article 940 of this Code);
funeral expenses (Article 946 of this Code).
5. The court may reduce the amount of compensation for damage caused by a citizen, taking into account his property status, except in cases where the damage is caused by actions committed intentionally.
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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
