Comment to article 164. Representation for incapacitated persons The Civil Code of the Republic of Kazakhstan
Minors under the age of 14 and citizens under guardianship are completely incapacitated (see Articles 23, 26 of the Civil Code and commentary to them). The grounds, conditions, and procedure for establishing custody are regulated by the norms of marriage and family law (see section IV of the KBS).
Parents, adoptive parents, or guardians who make transactions for their minor children under the age of fourteen, as well as guardians who make transactions for a citizen recognized as legally incompetent, are their legal representatives. The powers in this case follow from the legislation linking the establishment of a representative office with the occurrence of a certain legal fact, for example, an event - the birth of a child, a court decision - the recognition of a citizen as legally incompetent, and do not require any special formalization.
Legal representatives, as a rule, have the right to make all transactions or other legitimate legally significant actions that their wards could perform. At the same time, legislation linking the establishment of a representative office with the occurrence of a certain legal fact may impose certain restrictions on the powers of a certain category of legal representatives. Thus, for some transactions to be carried out by the guardians, such as the pledge of the property of the represented, the exchange of living space, the renunciation of the rights belonging to the ward, the renunciation of inheritance and other transactions provided for by family law, the consent of the guardianship and guardianship authorities is required (see, for example, art. 134 of the KBS).
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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.
