Comment to article 265. Protection of the property rights of a person who is not the owner The Civil Code of the Republic of Kazakhstan
259 of the Civil Code, the right to claim property from someone else's illegal possession (vindication claim) or to demand the removal of obstacles to one's possession (negatory claim) belongs, in addition to the owner, also to the titular owner, that is, to the person exercising possession on some legal basis (title). These are both subjects of property rights of economic management, operational management, permanent land use, and others, as well as subjects of binding rights on the basis of which ownership of other people's property arises (tenants of property, custodians, carriers, etc.). Ownership that has no legal basis does not enjoy such protection.
By providing for the protection of the rights of any title holders also against the owner, the commented article essentially establishes absolute, that is, substantive protection not only of property rights and other proprietary rights, but also of any legitimate (titular) possession.
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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.
