Property Liability of a Citizen

🔷 I. GENERAL CHARACTERISTICS

Article 20 of the Civil Code of the Republic of Kazakhstan (CC RK) establishes the universal principle of civil liability:

a citizen is liable for his obligations with all property belonging to him, unless otherwise provided by law.

This means:

• full property liability;
• inadmissibility of arbitrary exclusion of property from enforcement;
• existence of exceptions established by law.

🔹 II. PRINCIPLE OF COMPREHENSIVE PROPERTY LIABILITY

“A citizen is liable for his obligations with all property belonging to him...”

🔸 Liability is universal:

• covers both movable and immovable property;
• includes money, real estate, vehicles, securities, shares, deposits, intellectual property, etc.

📌 Example: If a citizen has concluded a loan agreement but has not repaid the debt, the court may enforce collection against his car, apartment, bank accounts, and even his share in an LLP.

🔹 Related norm: – Article 21 CC RK — “Property exempt from enforcement.”

🔹 III. EXCEPTIONS — PROPERTY EXEMPT FROM ENFORCEMENT

“...except for property that, in accordance with legislative acts, may not be subject to enforcement.”

🔸 These exceptions are established in:

• Article 21 CC RK;
• Civil Procedure Code of the RK (CPC RK), Article 239;
• Law “On Enforcement Proceedings and the Status of Court Bailiffs,” Article 95.

📌 List of property protected from enforcement:

• the only dwelling suitable for residence (if no other is owned);
• household items necessary for daily life;
• food and money in the amount of one monthly subsistence minimum;
• property necessary for professional activity (for example, a freelancer’s laptop);
• personal awards, state decorations.

📌 Example: A court bailiff has no right to seize a citizen’s apartment if it is his only home and he does not own another dwelling or a share in one.

🔹 IV. INDIVIDUAL ENTREPRENEURS (IE)

🔸 An IE is liable for obligations arising from entrepreneurial activity with all of his property, including personal property (unless otherwise provided).

📚 Legal grounds:– Article 37 of the Entrepreneurial Code of the RK;– Article 19 CC RK (an IE is a citizen without forming a legal entity).

📌 Example: If an IE takes a business loan but fails to fulfill obligations, enforcement may be applied against his personal car, even if used for private purposes.

🔹 V. RELATED NORMS AND CODES

🔷 VI. JUDICIAL PRACTICE

🔹 Case 1: A citizen was held liable for damages caused in a traffic accident. The court ruled to recover the damages, including repair costs, from his summer house, car, and bank account.

🔹 Case 2: A bailiff attempted to enforce collection against the debtor’s only apartment. The court declared this unlawful, referring to Article 21 CC RK and Article 239 CPC RK.

🔷 VII. INTERNATIONAL STANDARDS

🔷 VIII. CONCLUSION

Article 20 of the CC RK establishes one of the key principles of civil law — ▶ full property liability of a citizen for his actions and obligations. ▶ At the same time, the legislator humanizes the consequences by defining a list of property exempt from enforcement. ✅ 

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