Foreclosure on inherited property
S. appealed to the court with an application for clarification of the decision of the Taraz City Court of the Zhambyl region dated May 10, 2018, according to which she was in favor of U. 20,040,000 tenge was recovered. The application is justified by the fact that the recovery should be carried out only within the limits of the value of the property inherited after the death of husband T. By the ruling of the Taraz City Court of the Zhambyl region dated May 22, 2019, the application was satisfied. The court clarified that, by the decision of the same court of May 10, 2018, with S. in favor of U. The amount of 20,040,000 tenge is subject to collection within the value of the inheritance accepted after the death of T., who died on April 4, 2017. By the ruling of the judicial board for Civil Cases of the Zhambyl Regional Court dated July 11, 2019, the ruling of the court of first instance was overturned and S.'s application for clarification of the court's decision was refused. The Judicial Board for Civil Cases of the Supreme Court overturned the ruling of the appellate instance, upholding the ruling of the court of first instance on the following grounds. It follows from the case file that on January 12, 2017, between U. and T. A cash storage agreement was signed in the amount of 20,040,000 tenge. On April 4, 2017, T. died, and after his death, the inheritance was accepted by S.'s wife by the decision of the Taraz City Court of the Zhambyl region of May 10, 2018, which entered into force with S. in favor of U. 20,040,000 tenge and court costs for the payment of the state fee in the amount of 200,400 tenge were collected.
Foreclosure on inherited property
In satisfying the claim, the court was guided by the provisions of paragraph 1 of Article 1081 of the Civil Code (hereinafter referred to as the Civil Code), according to which the creditors of the testator have the right to present their claims arising from the obligations of the testator to the executor of the will (the trustee of the inheritance) or to the heirs responsible as joint debtors within the value of the property transferred to each heir. The conclusions on the recovery of a sum of money within the limits of the value of the property inherited are indicated in the reasoning part of the decision, but are not reflected in its operative part. In this regard, S. applied to the court for clarification of the decision. According to the rules of paragraph 1 of Article 237 of the Civil Procedure Code of the Republic of Kazakhstan, in case of ambiguity of the decision, the court that reviewed the case has the right, at the request of the persons participating in the case, as well as at the request of the bailiff, to clarify the decision without changing its content. Clarification of the decision is allowed if it has not yet been enforced and the time period during which the decision can be enforced has not expired. The Court of appeal, canceling the ruling of the court of first instance, motivated its conclusions by the fact that the court, having considered the application for clarification of the decision, actually changed the operative part of the decision. These conclusions of the court of appeal contradict the factual circumstances of the case. The court of first instance did not enter into the discussion of new circumstances, did not examine new evidence about the size of the inherited property, did not change the amount of money recovered. The Court explained the decision in relation to paragraph 1 of Article 1081 of the Civil Code. The explanation given by the court of first instance corresponds to the reasoning part of the decision and is given in order to eliminate the ambiguity of its operative part.
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