Comment on article 360. Entrepreneurial risk in the obligation of the Civil Code of the Republic of Kazakhstan
Business risk, in addition to the innocent liability mentioned in the previous article, boils down to the fact that all orders of an entrepreneur, all goods, works and services received by him must be properly received or paid for, even if the subsequent use of such goods, results of work or services turned out to be impossible or impractical for the entrepreneur.
In Almaty, for example, the company negotiated with a Turkish construction company to build a large commercial building in the city. In this regard, the law firm was instructed to prepare a draft agreement on the design and construction of this building. When the project was prepared, the contracting authority refused to accept and pay for the work due to the breakdown of negotiations with the Turkish construction company. According to the arbitration court, such a refusal was unlawful.
The commented article is also dispositive and can be changed by agreement of the parties, which may provide for the customer's right to refuse to pay for goods, works or services if they are no longer needed.
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
