Comment to article 264. Protection of the rights of the owner from violations not connected with the deprivation of possession The Civil Code of the Republic of Kazakhstan
Violations of property rights may consist not only in the illegal possession of the owner's property, but also in the violation of other rights of the owner (the right to use and dispose), not related to the deprivation of possession. These violations serve as the basis for a claim called negatory, the subject of which is to eliminate the violation and prohibit the violation for the future.
To file a negative claim, the actions of a person violating the rights of the owner must be unlawful, although the presence of his guilt is not required. Since a non-compensatory claim is based on a continuing offense, the statute of limitations does not apply to it.
If the offense occurred in the past and then ceased, then in this case, not a negative claim may be filed, but, in particular, a claim for compensation for damage suffered from actions that prevented the owner from exercising the rights of use or disposal.
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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.
