Comment to article 181. Limitation period in case of change of persons in the obligation The Civil Code of the Republic of Kazakhstan
The running of the limitation period is not affected by the change of persons in the obligation. The time that has elapsed with the previous composition of the participants reduces the limitation period for those who have re-entered into an obligation. A change of persons in an obligation occurs not only on the basis of agreements or a legislative act, but also by virtue of the reorganization of a legal entity (see Articles 45 and 46 of the Civil Code).
The limitation period for a claim brought against the debtor's legal successor begins from the date on which the creditor has the right to sue the debtor, and not from the date on which the duty of performance is transferred to the legal successor.
The limitation period for a claim filed by the creditor's legal successor begins on the day when the creditor, whose legal successor is the plaintiff, has the right to sue.
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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.
