Commentary to article 172. Definition of the deadline The Civil Code of the Republic of Kazakhstan  

The time period specified in this article belongs to the category of legal facts entailing civil consequences. In particular, a certain moment or period of time affects the occurrence, period of validity or termination of civil rights and obligations. Thus, Article 240 of the Civil Code introduced the rule on the statute of limitations, according to which the long-term actual possession of real estate for 15 years serves as the basis for the owner's ownership of this property. The rights and obligations of the parties to the agreement are retained during the term of the agreement.

According to their purpose, terms in civil law are divided into the following types:: 1) terms of exercising rights and fulfilling obligations; 2) preventive; 3) warranty; 4) claim; 5) limitation periods.  

The time limits for the exercise of rights may be stipulated by law or contract. For example, the legal successors of the author of an artistic work have inherited copyright for 50 years (art. 28 of the Law on Copyright and Related Rights). The term of the obligation may be stipulated in any contract (for example, the seller undertakes to transfer the sold item to the buyer within 3 days).  

The termination period means the time after which the right that belonged to the person is terminated due to the non-exercise of this right. Thus, the lessee may be deprived of the right to use the leased property if he does not exercise this right during the period specified in the contract and this circumstance is included in the terms of the contract as the basis for its early termination. Failure to perform duties within a certain period of time may also lead to the termination of the right. Thus, non-payment of insurance premiums entails termination of the life insurance contract and, accordingly, the rights of the policyholder. In case of liquidation of an insolvent debtor, the term of the liquidation procedure is determined by a court decision and may not exceed 12 months. Creditors' claims that were not declared before the approval of the liquidation balance sheet are considered to be settled (Articles 65, 76 of the Bankruptcy Law).  

Warranty periods are the time limits for identifying defects in goods sold or work performed, followed by submitting claims to the seller or contractor for the elimination of these defects or for the replacement of products. The shelf life and service life of the product are also guaranteed. Thus, the manufacturer is obliged to ensure the production and supply to the retail chain of the necessary volumes of spare parts, their maintenance and repair throughout the life of the product (paragraph 11 of Article 9 of the Law on Consumer Protection).  

The time limits for claims are the time limits for filing claims of the holder of the right directly to the obligated person before filing a claim with the court. Thus, the Provisional Charter of the Railways of the Republic of Kazakhstan, approved by Resolution No. 70 of the Government of the Republic of Kazakhstan dated January 18, 1996, established that claims against railways can be filed within a six-month period, and claims for payment of fines - within 45 days (paragraph 152).  

The article indicates the sources of the formation of deadlines, they can be established by law, at the will of the parties to the transaction or by the court. Thus, when conducting open auctions, the purchase and sale agreement must be signed by the parties no later than 10 days after the end of the auction (art. 14 of the Decree on Privatization).

The terms may also be determined when making transactions by the participants themselves. For example, the parties determine the term of the contract, the deadline for drawing up a document confirming the transaction. A court decision sets deadlines for the performance of duties by the defendant (art. 204 of the Civil Procedure Code of the Kazakh SSR).  

Deadlines are set or assigned to determine the period of validity of rights and obligations (for example, the lease agreement specifies the time during which the tenant exercises the right to use the property and performs the duties of paying rent). Deadlines may also indicate the moment of the emergence or termination of rights and obligations. Thus, in the contract on the alienation of property, the parties have the right to agree on the time period for the acquisition of ownership rights from the acquirer (paragraph 1 of Article 238 of the Civil Code). The term of the obligation is the moment of termination of the respective rights of the parties.

The article specifies ways to set deadlines: calendar date, time period, and event occurrence.

When setting the time by a calendar date, the date, month and year are indicated, and in some cases the exact time of this date is also determined (for example, the travel ticket contains an indication of the time of departure of the corresponding transport in hours and minutes). When setting a time period, the number of years is set (for example, the conclusion of a general contract for the entire construction period extending beyond one year), months (one month to warn the tenant about eviction in a private housing fund - art. 26 of the Law on Housing Relations).  

When setting a deadline by indicating an event that must inevitably occur, both the period of validity of rights and obligations is indicated, as well as the definition of the beginning of the occurrence or termination of the obligation (for example, an agreement for the organization of cargo transportation by inland waterways is concluded for the navigation period, the beginning of the lease agreement may be timed to coincide with the first snowfall, etc.).

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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.