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Home / RLA / Comments on Article 331. The court's decision on the application for declaring a minor fully capable of the Civil Procedure Code of the Republic of Kazakhstan

Comments on Article 331. The court's decision on the application for declaring a minor fully capable of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Comments on Article 331. The court's decision on the application for declaring a minor fully capable of the Civil Procedure Code of the Republic of Kazakhstan

1. The court, having considered on the merits the application for declaring the minor fully capable, makes a decision that satisfies or refuses to satisfy the applicant.

2. Upon satisfaction of the application, a minor who has reached the age of sixteen shall be declared fully capable (emancipated) from the date of entry into force of the court decision on emancipation.

 

1. In accordance with the norm of the commented part of the article, the court has the right to satisfy the application for emancipation or to refuse its satisfaction.

2. The peculiarity of the decision on emancipation is that its execution does not require any actions. Any subjects, in case of satisfaction of the minor's application and the entry into force of the court decision, will be obliged to perceive the minor as fully capable.

The court's decision on emancipation (refusal of emancipation) may be appealed (protested) in accordance with the procedure provided for by the civil procedure legislation.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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