Comment to article 403. Consequences of termination and amendment of the contract of the Civil Code of the Republic of Kazakhstan  

The consequences of termination and amendment of the agreement are different: if upon termination of the agreement the obligations of the parties are terminated, then upon amendment they remain, but in an amended form.

The article contains provisions that make it possible to distinguish the termination of the contract from the recognition of the contract as invalid.:

1) upon modification or termination of the contract, obligations are terminated for the future, from the moment of conclusion of the agreement of the parties or the entry into force of a court decision; if the contract is declared invalid, legal consequences do not arise, the contract is considered invalid from the moment of its conclusion (see paragraph 8 of art.157 of the Civil Code);  

2) upon modification or termination of the contract, the parties are not entitled to demand the return of what they performed under the obligation prior to the modification or termination of the contract; upon invalidation of the contract, the obligation of each party is established as a general rule to return to the other party everything received under the contract (see paragraph 3 of art. 157 of the Civil Code).  

Losses incurred during the modification or termination of the contract are not compensated in all cases, but only when the reason for the modification or termination of the contract was a material violation of the contract by one of the parties.

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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.