Response to the plaintiff's appeal in a court case
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To the Judicial Board for Civil Cases of the Kostanay Regional Court
from the defendant T.S.K. IIN.... place of residence: Kostanay region,
Zhitikarinsky district, village of Irsay, ul...., 12, sq. 1
Response to the appeal of the plaintiff L.G.V.
In civil case No. 3944-19-00-2/1084, on May 14, 2020, the Zhitikarinsky District Court denied the plaintiff's claims for the recovery of property from someone else's illegal possession. I believe that this court's decision is lawful and justified, and was made as a result of a comprehensive study of all the circumstances of the case, which were properly assessed. 260 of the Civil Code of the Republic of Kazakhstan, the owner has the right to claim his property from someone else's illegal possession. As follows from the above-mentioned provision of the law, the evidentiary basis for claims for the recovery of property from someone else's illegal possession includes the following conditions: the existence of ownership or other proprietary right to the claimed property, the finding of property by the defendant, the acquisition of property by the latter must be illegal. The plaintiff did not provide the court with any evidence of the illegality of the defendant's purchase of vehicles, except for unsubstantiated allegations that the defendant had been misleading the plaintiff for several years. At the hearing, it was reliably established that between the plaintiff L.G.On June 16, 2015, V. and I concluded a purchase and sale transaction for a 2005 Toyota Landcruiser in installments for 1 year, in confirmation of which the plaintiff handed me the car, the vehicle registration certificate and the keys to the specified car.
Response to the plaintiff's appeal in a court case
In his statement, the plaintiff refers to the nullity of the transaction concluded between us, however, the Civil Code of the Republic of Kazakhstan as of 06/16/2015 did not contain the concept of "void transaction", therefore, the consequences of the nullity of the transaction cannot be applied to our legal relations. According to art. 4 of the Civil Code of the Republic of Kazakhstan "1. Acts of civil legislation are not retroactive and apply to relations that have arisen after their entry into force. The legal force of an act of civil legislation applies to relations that arose before its entry into force in cases where it is expressly provided for by it."
According to Part 1 of Article 153 of the Civil Code of the Republic of Kazakhstan as of 06/16/2015. - "Failure to comply with the simple written form of the transaction does not invalidate it, but deprives the parties of the right in the event of a dispute to confirm its commission, content or execution by testimony. The parties, however, have the right to confirm the commission, content or execution of the transaction with written or other evidence other than testimony." The plaintiff indicates in his statement of claim that the car purchase and sale transaction took place, and I also confirmed this fact.
Article 153 of the Civil Code of the Republic of Kazakhstan as of 06/15/2015 read "2. In cases directly specified in legislative acts or in the agreement of the parties, failure to comply with the simple written form of the transaction entails its invalidity." The plaintiff in his statement refers to the fact that the transaction concluded between us is void, however, he does not specify a specific Law and did not submit to the court an agreement of the parties containing conditions on the invalidity of the transaction.
Please note that the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 6 "On certain issues of certain issues of invalidity of transactions and the application by courts of the consequences of their invalidity", referred to by the plaintiff, was adopted on July 7, 2016, and also cannot be applicable to this dispute. The plaintiff does not require the court to invalidate the transaction, because he understands perfectly well that this is a losing position in the case, since he does not have evidence to invalidate the transaction. He refers in the statement of claim that he was mistaken about the nature of the transaction, I draw your attention to the amount of the transaction – 5 million tenge! It was June 16th. However, literally a day later, on June 18, he concluded a loan deal of 4 million 480 thousand tenge, which is noticeably less than the cost of the car, but according to all the canons of jurisprudence, at a notary, with the involvement of my wife in the transaction. Further, in 2018, the plaintiff collects from me the loan amount of 4 million 480 thousand tenge, and in a completely incomprehensible way "forgets" at that time that I had not paid him 5 million tenge for the car. And all because the plaintiff has already received in full for his car. I believe that in our case, the parties fully complied with the provisions of art. 406 of the Civil Code of the Republic of Kazakhstan on the contract of sale, since for more than 3 years there has been no dispute between us on the purchase and sale of a car. The plaintiff's claim for the recovery of property is unfounded, as it is not based on the law.
Response to the plaintiff's appeal in a court case
According to art. 265 of the Civil Code of the Republic of Kazakhstan, the rights provided for in Articles 259-264 of this Code also belong to a person who, although not the owner, owns property on the right of economic management, operational management, permanent land use, or on another basis provided for by legislative acts or an agreement. This person has the right to defend his possession also against the owner.
Based on the above, I request the judicial board:
to leave L.G.V.'s appeal without satisfaction. 06/17/2020 G. T.S.K
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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