Commentary to article 63. The main provisions of the general partnership  The Civil Code of the Republic of Kazakhstan  

A distinctive feature of a general partnership is the full responsibility of its participants for the obligations of the partnership. On the one hand, the partnership itself, within the limits of its property, is responsible for the obligations of the general partnership, on the other hand, its participants. All participants bear joint and unlimited liability to the creditors of the partnership, and creditors have the right to sue the participants only after it is established that the partnership lacks the necessary property to cover its debts. At the same time, requesting repayment of debts to the participants is not related to the need to establish bankruptcy of the partnership, since, by virtue of the nature of the general partnership, its participants are responsible for its obligations. It is only important to establish the fact that the partnership has insufficient property. Thus, the responsibility of the participants of the general partnership for its obligations is subsidiary.

Creditors have the right to present their claims to any of the participants in the partnership, and none of the participants can be contractually released from it to third parties. If the contract contains provisions on the exemption of individual participants from liability, then these regulations can only apply in the relations of the participants among themselves. Accordingly, a participant who has repaid the debts of a general partnership has the right of recourse against the other participants, each of whom is responsible in proportion to his contribution to the partnership, and therefore in proportion to his share in the property of the partnership.

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases 

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.