Commentary to article 173. The beginning of the time period defined by the time period The Civil Code of the Republic of Kazakhstan
If the deadline is set by a calendar date (that is, by specifying a specific date of a certain month and year), then this article does not apply.
The beginning of the term is important for determining its end point, when the term is set as a period of time.
For the correct calculation of such a period, the initial moment of its course is the calendar date or the day on which the event occurred, used to determine the initial moment of the period. However, the day of the calendar date or the occurrence of the event is not taken into account, and the time limit is calculated from the day following it. For example, a 6-month period for filing a claim against a railway for a shortage of cargo is applied from the date of delivery of the cargo (Article 152 of the Provisional Charter of the Railways of the Republic of Kazakhstan), however, this period is calculated from the day following the day of delivery of the cargo.
The rules for calculating the time limit set out in this article do not apply to time limits determined by the clock. Since in this method of determining the term, its onset or completion is indicated with extreme accuracy, there is no need to establish the beginning of the term.
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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.
