Comment to article 402. The procedure for changing and terminating the contract The Civil Code of the Republic of Kazakhstan  

Paragraph 1 of the commented article establishes a general rule on the need to comply with the same form of amendment and termination as at the conclusion of the contract. If there is a written form, the amendment and termination of the contract is executed (in the same way as at the conclusion) either by drawing up a separate document, or by exchanging letters, telegrams, faxes, electronic messages, etc.

This general rule is dispositive. For example, the parties, having concluded a contract in simple written form, may stipulate in the contract that the termination of the contract must be notarized.  

When changing or terminating a contract in court, there is no question of the form, but a certain procedure for changing and terminating is fixed. Before applying to the court, the parties must go through a preliminary dispute resolution procedure. The thirty-day deadline for responding to the other party's proposal is set out in the commented article in case another deadline is not specified in the proposal or is not established by law or contract.

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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.