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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
| Norm | Content |
|---|---|
| CC RK, Article 21 | List of property exempt from enforcement |
| CC RK, Article 272 | Liability for obligations — subsidiary, joint |
| CC RK, Articles 293–295 | Fulfillment of obligations by third parties |
| CPC RK, Article 239 | Enforcement immunity of property |
| Law “On Enforcement Proceedings...”, Article 95 | List of property not subject to enforcement |
| Entrepreneurial Code RK, Article 37 | Liability of IE for obligations |
| Tax Code RK, Article 96 | Priority of debt collection on taxes |
🔷 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
| Norm | Content |
|---|---|
| Civil Codes of the EAEU countries | The principle of universal property liability is similar |
| ECtHR (precedents under Protocol No. 1, Article 1) | Enforcement is permissible only if principles of legality, proportionality, and fairness are respected |
| UN: Basic Principles and Guidelines on Alternative Debt Resolution Methods | Protection of a citizen’s minimum means of subsistence |
🔷 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. ✅
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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