Commentary to article 29. Protection of the missing person's property The Civil Code of the Republic of Kazakhstan
Custody of property differs significantly from custody of minors under the age of 14 and adult citizens who have been declared legally incompetent due to mental illness or dementia, although they are designated by the same term. These two types of guardianship are regulated by different articles of the KBS (Articles 120 and 123). The purpose of assigning custody of property is to protect the interests of the persons concerned, as well as the most obscurely absent.
The establishment of custody of property entails a number of legal consequences, indicated, in particular, in the commented article.
Custody of property, as a rule, is appointed on the basis of a court decision recognizing a citizen as missing. But in two cases, such guardianship can be established even before the person is recognized as missing. The first case is provided for in paragraph 2 of the commented article, when guardianship can be established even before a citizen is recognized as missing, and by the guardianship and guardianship authority at the request of interested persons. This is done, for example, if there is a threat of loss of property, the need to maintain it in proper condition and other cases when it is necessary to ensure the safety of property. The second case is the judge's right, provided for by the CPC, after accepting an application for recognizing a citizen as missing, to propose to the guardianship and guardianship authority to appoint a guardian to protect the missing person's property.
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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.
