Commentary to article 356. Fulfillment of obligations at the expense of the debtor of the Civil Code of the Republic of Kazakhstan  

If the debtor fails to fulfill the obligation to make a thing for the creditor, perform a certain work for him, or provide a service, the creditor acquires an alternative right.:

a) do the work yourself at the expense of the debtor;  

b) assign the work to another person at the expense of the debtor;  

c) refuse to work and recover from the debtor the losses caused by its non-fulfillment.  

The right to choose in this alternative belongs to the lender.  

The combination of claims and payment of work by the debtor and recovery of losses from him related to the performance of work by another person does not apply, since the amount of payment for work already includes the related costs of the creditor.

However, if the losses of the latter caused by the debtor's non-performance go beyond the costs of performing the work by the creditor himself or a third party, they can be recovered from the debtor in addition to the costs of performing the work. The debtor, for example, did not build a warehouse for storing vegetables, as a result of which the vegetables deteriorated. Their value can be recovered from the debtor.  

If a penalty is provided for non-fulfillment of obligations to perform work, then it can be recovered from the debtor regardless of the reimbursement of the creditor's expenses for the performance of work.

Comments on The Civil Code The Code of Criminal Procedure The Criminal Code The Normative resolution of the Supreme Court The criminal legislation The normative legal acts of the Republic of Kazakhstan  

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.

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