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On the enactment of the Civil Code of the Republic of Kazakhstan (special part)

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

On the enactment of the Civil Code of the Republic of Kazakhstan (special part)

The Law of the Republic of Kazakhstan dated July 1, 1999 No. 410-1

         

1. To introduce the Civil Code of the Republic of Kazakhstan (special part) into force on July 1, 1999.          

 

2. To recognize as invalid from July 1, 1999:          

 

1) The Civil Code of the Kazakh SSR, approved by the Law of the Kazakh SSR dated December 28, 1963 (Gazette of the Supreme Soviet of the Kazakh SSR, 1969, No. 24; 1970, No. 28; 1972, No. 47; 1973, No. 27; 1974, No. 4, 26, 46; 1975, No. 11; 1976, No. 45; 1977, No. 15, 29; 1982, No. 32, Article 315; 1983, No. 41, Article 435; No. 49, Article 527; 1984, No. 36, Article 447; 1985, No. 19, Article 192; No. 45, art. 457; 1986   No. 25, Article 242; 1987, No. 24, Article 314; 1988, No. 2, Article 19; 1989, No. 3, Article 17; 1990, No. 22, Article 274; No. 50, Article 467; 1991, No. 28, Article 373;  Bulletin of the Parliament of the Republic of Kazakhstan, 1996, No. 14, Article 277; The Law of the Republic of Kazakhstan dated December 17, 1998 "On Amendments and Additions to certain Legislative Acts of the Republic of Kazakhstan on social security", published in the newspapers "Egemen  Kazakstan" and Kazakhstanskaya Pravda on December 25, 1998.);          

 

2) The Law of the Kazakh SSR of December 28, 1963 "On approval  The Civil Code of the Kazakh SSR" (Bulletin of the Supreme Council and the Government of the Kazakh SSR, 1964, No. 2); 3) Norms of the Decree of the Presidium of the Supreme Council of the Kazakh SSR dated April 25, 1964 "On the procedure for the enactment of the Civil and Civil Procedure Codes of the Kazakh SSR" (Bulletin of the Supreme Council and the Government of the Kazakh SSR, 1964, No. 20;  Bulletin of the Supreme Soviet of the Kazakh SSR, 1983, No. 46, Article 500) in the part concerning the Civil Code;            4) Resolution of the Supreme Council of the Republic of Kazakhstan dated January 30, 1993 "On the regulation of civil law relations during the period of economic reform" (Bulletin of the Supreme Council of the Republic of Kazakhstan, 1993, No. 4, Article 71).            

 

3. Until the legislative and other regulatory legal acts in force on the territory of the Republic of Kazakhstan are brought into line with the Civil Code of the Republic of Kazakhstan (special part), the legislative and other regulatory legal acts of the Republic of Kazakhstan  Kazakhstan applies insofar as they do not contradict  The Civil Code of the Republic of Kazakhstan (special part).            The normative legal acts of the President of the Republic issued before the introduction of the Civil Code of the Republic of Kazakhstan (special part)  Kazakhstan, the Government of the Republic of Kazakhstan, which, according to  The Civil Code of the Republic of Kazakhstan (special part), may be regulated only by legislative acts of the Republic of Kazakhstan, and shall remain in force until its introduction.            

 

4. The Civil Code of the Republic of Kazakhstan (special part)  It is applied to the relations that arose after its introduction.            For relations that arose before July 1, 1999, the Civil Code of the Republic of Kazakhstan (special part) applies to those rights and obligations that arise after its entry into force.            

 

5. The norms of the Civil Code of the Republic of Kazakhstan (special part) on the procedure for concluding and the form of contracts of certain types, as well as on their state registration, apply to contracts, proposals to conclude which are sent after the entry into force of the Civil Code of the Republic of Kazakhstan (special part).            The norms of the Civil Code of the Republic of Kazakhstan (special part), which define the content of certain types of contracts, apply to contracts concluded after its entry into force.            

 

6. The norms of the Civil Code of the Republic of Kazakhstan (special part), which are binding on the parties to the contract, on the grounds, consequences and procedure for termination of certain types of contracts, also apply to contracts that remain in force after their entry into force.  The Civil Code of the Republic of Kazakhstan (special part), regardless of the date of their conclusion.            The norms of the Civil Code of the Republic of Kazakhstan (special part) on liability for violation of contractual obligations, which are mandatory for the parties to the contract, apply if the relevant violations were committed after the Civil Code of the Republic of Kazakhstan (special part) entered into force, except in cases where contracts concluded before July 1, 1999 provided for other liability for such violations..           

 

7. In cases where one of the parties to the obligation is a citizen who uses, purchases, orders, or intends to purchase or order goods (works, services).for personal household needs, he enjoys the rights of a party to an obligation in accordance with the Civil Code of the Republic of Kazakhstan (special part), as well as the rights granted to the consumer by the Law of the Republic of Kazakhstan "On Consumer Rights Protection" and other regulatory legal acts issued in accordance with it.            

 

8. The effect of Articles 922 and 923 of the Civil Code of the Republic  Kazakhstan (special part) also applies to cases where harm to the victim occurred before July 1, 1999, but not earlier than July 1, 1996, and the harm caused remained unpaid.                  Articles 937-946 of the said Code also apply to cases where harm to the life and health of a citizen took place before July 1, 1999, but not earlier than July 1, 1996, and the damage caused remained uncompensated.            

 

9. The effect of articles defining the time limits for filing claims, protecting violated rights and (or) holding accountable violators of the rights of participants in civil relations is calculated according to the rules of the Civil Code of the Republic of Kazakhstan (special part) in cases where similar deadlines provided for by the previously valid  

civil legislation that has not expired before it was put into effect  The Civil Code of the Republic of Kazakhstan (special part).      

 

10. The provisions of the articles of Section VI "Inheritance law" apply to inheritance opened after the Civil Code of the Republic of Kazakhstan (special part) came into force.        President of the Republic of Kazakhstan (Specialists: D. Kushenova, Martina N.)              

 

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