Petition to the court of first instance for the limitation period
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To the Ili District Court of the Almaty region, Judge A.M. Madiev.
+7 701 158 81 00.
from the Defendant: B.A.A. IIN....
Proxy Representative: Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 971 78 58; +7 700 971 78 58.
The petition
limitation periods
You have a civil case No. 1968-22-00-2/808 dated 03/30/2022 on the claim of B.B.Zh. (hereinafter referred to as the Plaintiff) to B.A.A. (hereinafter referred to as the Defendant) for invalidation of the registration of ownership rights. Dear Court, the plaintiff has filed a lawsuit to invalidate the registration of the property right. As we know, the registration of the ownership right took place on January 16, 2015, as confirmed by the information about the owner. Thus, more than 8 years have passed since the filing of the claim to the court, and we believe that the Plaintiff missed the general statute of limitations. The limitation period is the period of time during which a claim may be satisfied that has arisen from violations of a person's right or a legally protected interest. Both the limitation periods and the procedure for calculating them are provided for by law and cannot be changed by agreement of the parties in accordance with art. 177 of the Civil Code of the Republic of Kazakhstan. 178 of the Civil Code of the Republic of Kazakhstan, which states that the general limitation period is set at three years.
Petition to the court of first instance for the limitation period
Also, according to Article 179 of the Civil Code of the Republic of Kazakhstan, a claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the limitation period, and the limitation period is applied by the court only upon the application of the party to the dispute made before the court's decision. The expiration of the limitation period before the filing of a claim is the basis for the court's decision to dismiss the claim. Based on the above, we believe that we have correctly calculated the general limitation period and the court's decision should be made in accordance with the principles of good faith, reasonableness and fairness, therefore, it is necessary to take into account all the above circumstances. Based on the above and in accordance with Article 179 of the Civil Code of the Republic of Kazakhstan,
I ASK THE COURT:
To apply, generally, the limitation period and to refuse to satisfy the claim of B.B. J. to B.A. A. for invalidation of the registration of ownership rights.
Sincerely, Proxy representative: Sarzhanov G.T.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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