In the cases provided by the legislative acts, legal entities may enter the consumer co-operative.
2. Members of a consumer co-operative shall be obliged to cover within three months after the approval of the annual balance-sheet the formed losses, by way of additional contributions. In the case of a failure to execute this obligation, the co-operative may be liquidated in a judicial procedure upon demand of the creditors.
Members of a consumer co-operative shall jointly bear a subsidiary liability with regard to its obligations, within the limits of the unpaid amount of the additional contribution of the co-operative members.
3. The charter of the consumer co-operative must contain, aside from the information indicated in the paragraph 5 of Article 41 of this Code, the conditions with regard to the size of the co-operative member shares; the composition and procedure for contribution of shares by the co-operative members and their responsibility for the violation the obligations associated with the contribution of the shares; concerning the composition and the authority of the governing bodies the co-operative and the procedure for adopting by them of the resolutions, including on the issues, the resolutions on which are to be adopted unanimously or by a qualified majority of votes; concerning the procedure for the compensation by the members of the losses incurred by the co-operative.
4. Income received by a consumer co-operative may not be distributed amongst its members and it shall be used on the charter purposes.
5. In the case of the liquidation of a consumer co-operative, or in the case of departure from it of a co-operative member, he (she) shall have the right to appropriate his (her) share in the assets of the consumer cooperative in proportion to his (her) share. In the case of death of a co-operative member, his (her) heirs shall have the priority right to be accepted as members of the co-operative, unless otherwise stipulated in the co-operative charter. In the latter case the co-operative shall pay to the heirs the share in the property of the consumer co-operative, in proportion to his (her) share.
6. The legal status of the consumer co-operative, and also the rights and obligations of its members, shall be determined by legislative acts in accordance with this Code.
7. Rural consumer co-operatives may be created for the satisfaction of financial and any other needs of not only their members, but other citizens as well, who reside in rural areas. Special considerations in the rural consumer co-operation shall be determined by special-purpose legislation in compliance with this Article.
8. Features of the consumer cooperatives - mutual insurance companies are determined by legislative acts of the Republic of Kazakhstan.
Article 109. Religious Association
1. A voluntary association of citizens who unite in accordance with the procedure stipulated in legislative acts, on the basis of their common interests for satisfying their spiritual needs, shall be recognized as religious associations.
2. Is excluded
3. Religious associations in the Republic of Kazakhstan, which have governing centers beyond the boundaries of the Republic, shall be subject to registration at the bodies of justice. Charters (articles) of the governing centers may be used as a basis of charter (articles) of such religious associations, if they do not contradict legislation of the Republic of Kazakhstan.
4 - 8. are excluded
9. A religious association shall have the right to own the assets which are acquired or created by it at the expense of its own resources, as well as those donated by citizens, or organizations, or those transferred by the State, and acquired on any other grounds, which do not contradict legislative acts.
10. The participants (members) of a religious association shall not retain rights with regard to the assets which are transferred by them to that organization, including their membership fees. They shall not be liable for the obligations of the religious association and the religious association shall not be liable for the obligations of its members.
11. Special considerations concerning the legal status of religious associations shall be determined in accordance with this Code and legislative acts of the Republic of Kazakhstan.
Article 110. Amalgamation of individual entrepreneurs and (or) legal entities in the form of an association (union)
1. Individual entrepreneurs and legal entities may create associations (unions) in order to coordinate their entrepreneurial activities, and also to provide and protect their common interests.
Creation and participation features of legal entity associations (unions), which carry out their activity in the financial trade, shall be specified by the legislative acts of the Republic of Kazakhstan.
2. Public associations and any other non-commercial organizations, including institutions, may voluntarily unite into associations (unions) of those organizations.
3. Associations (unions) shall be non-commercial organizations.
4. Members of an association (union) shall retain their independence and the rights of legal entities.
5. An association (union) shall not be liable for the obligations of its members. Members of an association (union) shall bear subsidiary liability for its obligations in the amount and in accordance with the procedure stipulated in the foundation documents of the association (union).
Paragraph 3. Participation of the State and Administrative-Territorial Units In Relations Regulated by Civil Legislation
Article 111. Participation of the Republic of Kazakhstan in the Civil Law Relations
1. The Republic of Kazakhstan shall act in relations which are regulated by the civil legislation on the basis of principles which are equal with any other participants in those relations.
2. The public bodies of the Republic of Kazakhstan within the bounds of their authority established by legislative acts, regulations or any other acts which determine the status of those bodies, may by their actions acquire and exercise property and personal non-property rights and obligations, may act in the court on behalf of the Republic of Kazakhstan.
Any other State bodies, legal entities and citizens may act on behalf of the Republic of Kazakhstan in the cases and in accordance with the procedure stipulated in legislation, upon its special mandate.
3. The civil rights disputes in which the Republic of Kazakhstan is a participant shall be settled by courts.
Article 112. Participation of the Administrative and Territorial Units in the Civil Law Relations
1. An administrative and territorial unit shall act in the relations regulated by the civil rights legislation on principles equal to those by which any other participants of those relations act.
2. Local representative and executive bodies, within the framework of their authority established by legislative acts, regulations or any other acts which determine the status of those bodies, may by their actions acquire and exercise property and personal non-property rights and obligations on behalf of an administrative and territorial unit, and represent it in the court.
In the cases and in accordance with the procedure stipulated in legislation, and upon special instructions, local state bodies, legal entities and citizens may act on behalf of an administrative and territorial unit.
3. In the cases determined by legislation, an administrative and territorial unit may act in civil rights relations on behalf of the State.
4. The provisions of this Code concerning the participation, respectively, of the State and its bodies in relations regulated by civil rights legislation shall apply to administrative and territorial units and their bodies, unless otherwise stipulated by legislation.
5. Civil law rights disputes with the participation of an administrative and territorial unit shall be settled by the courts.
Article 113. Imposition of Claims for the Obligations of the Republic of Kazakhstan and Administrative and Territorial Units
1. The Republic of Kazakhstan shall be liable for its obligations with the property of the State treasury, while an administrative and territorial unit shall be liable for its obligations with the property of the local treasury.
2. The Republic of Kazakhstan and the administrative and territorial units shall not be liable for the obligations of one another and also for the obligations of citizens and legal entities, while citizens and legal entities shall not be liable for the obligations of the Republic of Kazakhstan and administrative and territorial units except for the cases stipulated by this Code and legislative acts.
Article 114. Application of the Provisions Concerning Legal Entities to the State and to Administrative and Territorial Units
The provisions which determine the participation of legal entities in the relations regulated by civil legislation shall apply to the State and to administrative and territorial units, unless otherwise ensues from legislative acts.
Chapter 3. Objects in Civil Rights
Paragraph 1. General Provisions
Article 115.s of Objects in Civil Rights
1. The property and the personal non-property privileges and rights may be objects in civil rights.
2. Objects, money, including foreign currency, securities, work, services, and the objectified results of creative and intellectual activities, commercial names, trademarks and any other means of individualization of products, property rights and any other assets, shall be recognized as property privileges and rights (property).
2-1. Legal regime of objects or property rights shall be applied respectively to the money and the rights (claims) for money liability (rights of claim for payment of money).
3. Life, health, the dignity of a person, honor, good name, business reputation, inviolability of private life, personal and family secrets, the right to name, the right to be an author, the right to inviolability of production and any other intangible privileges and rights shall be referred to the personal non-property privileges and rights.
Article 116. Turnover Capacity of the Objects of Civil Rights
1. Objects of the civil rights may be freely alienated or transferred from one person to another in the course of the universal legal successorship (inheritance, reorganization of a legal entity) or by any other method, unless they are exempt from circulation or restricted in their turnover.
2. Thes of things the alienation whereof is not prohibited, (the things exempt from the circulation) must be directly indicated in legislative acts.
3. Thes of objects which may not belong only to specific participants in circulation, or those, the acquisition and alienation whereof is allowed only upon special-purpose permission, (things whose circulation is restricted), shall be determined by legislation.
4. The personal non-property privileges and rights shall be unalienable and non-transferable by any other method, except for the cases which are established by legislative acts.
Article 117. Movable and Immovable Assets
1. Immovable property (immovable assets, real estate) includes the following: land plots, buildings, structures, perennial plantations, and other property, which is firmly associated with their physical location, i.e. entities for which the transportation of which is impossible without infliction of disproportional damage to their designation.
Apartments and other accommodations, as well as non-residential premises, which are part of a condominium, shall be recognized as independent immovable property object (type), if they are in the individual (separate) property.
2. Also, air and sea vessels, vessels of domestic water travel, vessels of river and sea sailing, and cosmic facilities, shall be equated to immovable objects which are subject to state registration. Any other assets may be recognized as immovable objects by legislative acts.
Provisions of this Code and other legislative acts, which regulate relations connected to the immovable things, shall be applied to the things specified in this paragraph in the case explicitly provided by the legislative acts of the Republic of Kazakhstan.
3. Assets which are not recognized as immovable, including money and securities, shall be recognized as movable assets. The registration of rights in relation to movable assets shall not be required, except for the cases stipulated in legislative acts.
Article 118. State Registration of Rights to Immovable Properties
1. Rise, change and termination of rights (burden of right) to immovable properties shall be subject to the State registration in the cases provided by this Code and the Law of the Republic of Kazakhstan «On Registration of Rights to Immovable Property and of Transactions Therein».
Other objects of State registration related to the immovable properties shall be specified by the Law of the Republic of Kazakhstan Concerning the Registration of Rights to Immovable Property and of Transactions Therein.
2. The rights (burden of rights) to the immovable properties shall arise, change and terminate from the moment of State registration, unless otherwise provided by this Code and the Law of the Republic of Kazakhstan Concerning the Registration of Rights to Immovable Property and of Transactions Therein. If the registration will not be denied, the moment of filing of an application shall be recognized as the moment of the state registration.
3. The body which carries out the State registration of the rights to immovable properties shall be obliged to certify the effected registration, upon the petition of the title holder, by way of signing a document presented for registration.
4. State registration of the rights to immovable properties and of transactions therein shall be public. The body which carries out the registration shall be obliged to present the information concerning the registered which to any person taking into account limitations specified by the Law of the Republic of Kazakhstan Concerning the Registration of Rights to Immovable Property and of Transactions Therein.
5. The refusal of State registration of the right to immovable properties or unmotivated evasion from registration may be challenged in court.
6. The procedure of state registration shall be established in accordance with this Code, and by the law of the Republic of Kazakhstan Concerning the Registration of Rights to Immovable Property and of Transactions Therein.
7. The procedure of the State registration of the air and sea vessels, vessels of domestic water travel, vessels of river and sea sailing, and cosmic facilities, as the objects equated to immovable property shall be regulated by the laws of the Republic of Kazakhstan in the sphere of use of air space and aviation activity, merchant shipping, inland water transport, cosmic activities.
Article 119. An Enterprise
1. A property complex which is used for carrying out entrepreneurial activities shall be recognized as an enterprise that is an object of rights.
2. As a property complex, an enterprise shall include all thes of assets which are intended for its operation, including buildings, installations, equipment, tools, raw materials, inventories, the right to a land plot, the right to claim, debts and also the right to designations which individualize its activities (commercial name and trade marks), and any other exclusive rights, unless otherwise stipulated in an agreement.
3. An enterprise as a whole, or a part thereof, may be an object in purchasing and selling, pledging, leasing and any other transactions which are related to the establishment, alteration or cessation of corporeal rights.
3-1. Features of the State registration of the rights to the immovable properties, component of the enterprise as the property complex shall be established by the Law of the Republic of Kazakhstan Concerning the Registration of Rights to Immovable Property and of Transactions Therein.
4. When debts are acquired as part of an enterprise recognized as a property complex, the rights of creditors shall be guaranteed in accordance with the procedure provided for by Article 48 of this Code.
Article 120. Divisible and Indivisible property
1. Property may be divisible and indivisible.
Divisible property shall be assets, parts whereof do not lose their designation (function) as result of division.
Indivisible property shall be property which may not be divided without changing its economic designation (function), or which is not to be subdivided by virtue of a prescription in a legislative act.
2. Features of indivisible items as objects in law, shall be determined in legislation.
Article 121. Compound Items
1. When heterogeneous items form a single unit which permits the use in accordance with its designation, determined by the nature of their combination, they shall be deemed to be a single object (complex objects).
2. The effect of a transaction which is concluded with regard to a compound items, shall apply to all its constituent parts, unless an agreement provides otherwise.
Article 122. A Principal Item and its Accessory Components
An accessory, that is, an item designed to serve a main item and which is tied to it by joint economic designations, shall follow the purpose of the main item, unless legislation or agreement stipulate otherwise.
Article 123. Fruit, Production and Income
Income obtained as a result of using assets (fruit, production, income), shall belong to the person who uses those assets on a legal basis, unless it is otherwise stipulated in legislation or in the agreement concerning the use of that asset.
Article 124. Animals
General rules concerning objects shall apply to animals in so far as legislation does not stipulate otherwise.
Article 125. Intellectual Property
1. In cases and in accordance with the procedure stipulated in this Code and other legislative acts, an exclusive right of a citizen, or a legal entity shall be recognized with regard to the results of intellectual creative activities and to the ways of individualization of a legal entity, of the production by a private person or a legal entity, work performed by it or services rendered, which are equated thereto (commercial name, trade mark, service mark etc.).
2. The results of intellectual creative activities and of the means of the individualization, which may be subject of exclusive rights (intellectual property), may be used by third persons only with the consent of the holder of the right.
Article 126. Service and Commercial Secrets
1. Civil legislation shall protect information which constitutes a service or a commercial secret in a case where the information has actual or potential commercial value by virtue of its being unknown to third persons, if there is no access thereto on a legitimate basis and the possessor of the information makes efforts to protect its confidentiality.
2. Persons who by illicit methods obtain such information, and also employees who in spite of their service agreement, or counter-parties in spite of their civil rights agreement, divulge a service or a commercial secret, shall be obliged to compensate for the inflicted damage.
Article 127. Money (currency)
1. The Tenge shall be the monetary unit in the Republic of Kazakhstan.
2. The Tenge shall be the legal tender, which is obligatory for acceptance, in accordance with its nominal value, in the entire territory of the Republic of Kazakhstan.
3. Payments in the territory of the Republic of Kazakhstan shall be carried out in the form of cash payments and non-cash payments.
4. The cases, the procedure and the conditions for settlement in foreign currency in the territory of the Republic of Kazakhstan shall be determined by legislation of the Republic of Kazakhstan.
Article 128. Currency Assets
1. Thes of assets which are recognized as currency assets and the procedure for transactions involving them, shall be determined by legislative acts.
2. The right to own currency assets shall be protected in the Republic of Kazakhstan on common principles.
Paragraph 1-1. Financial Instruments
Article 128-1. Financial Instruments
1. Financial instrument shall be money, securities, including derivative security, derivative financial instruments and other financial instruments in the result of operation with which financial asset arise in one organization and financial obligation or equity instrument in another.
2. Financial asset shall be any asset, which represents money, equity instrument of another organization, treaty right to receive the cash or another financial asset from another organization or to exchange the financial assets or the financial obligations with another organization on the conditions, potentially profitable for oneself, or such a contract, which making up shall or may be carried out by self equity instruments of the organization and which however is such a derivative product, which making up shall or may be carried out by any other way, rather than the way of exchange of fixed sum or another financial asset to the fixed number of the self equity instruments of the organization.
3. Financial obligation shall be any obligation, which represents contractual obligation to present the cash or another financial asset from another organization or to exchange the financial assets or the financial obligations with another organization on the conditions, potentially unprofitable for oneself, or such a contract, which making up shall or may be carried out by self equity instruments of the organization and which however is such a derivative product, which making up shall or may be carried out by any other way, rather than the way of exchange of fixed sum or another financial asset to the fixed number of the self equity instruments of the organization.
4. Equity instrument shall be any contract, confirming the right for the residual claim on total assets of the organization, remaining after the holdback of all its obligations.
Article 128-2. Derivative Financial Instruments
1. Derivative financial instrument shall be the contract, which cost depends on the value (including the variation of the value) of underlying asset of the contract, foreseeing the conduction of the calculation on the current contract in the future.
2. The options, the futures, the swaps and other derivative financial instruments, which measure up the given features and which particularly represent the combination of the above listed derivative financial instruments shall refer to the derivative financial instruments.
3. The goods, the standardized consignments of goods, the securities, currency, the indices, the interest rate and other assets, having market value, the future event or circumstance, the derivative financial instruments shall be the underlying assets of the derivative financial instruments.
Article 128-3. The Option
1. The option shall be the derivative financial instruments, according to which one party (option seller) sells to another party (option buyer) the right to buy or to sell the underlying asset on the stipulated price and on the settled terms in the future.
2. The option seller shall sell the option to the option buyer for a fee, referred to as premium. The settled terms of the option shall be regarded as the settlement of the following obliged terms: of the underlying asset, the total cost of the underlying asset (the sum to which the option is settled), the cost of the underlying asset (strike price), the option premium, the term of the option (validity period of the option), of the option.
3. The option shall be considered to be executed, if the option buyer reorganizes the purchased right.
Article 128-4. The Swap
The swap shall be the derivative financial instrument, according to which the parties agree to exchange the payments on the underlying assets or by the underlying assets on the settled terms in the future.
Article 128-5. The Forward
1. The forward shall be the derivative financial instrument, which buyer (or seller) undertakes an obligation upon the expiry of designated period to buy (or to sell) the underlying asset on the settled terms in the future.
2. Forward is occurred in the unorganized market.
Article 128-6. The Futures
The futures shall be the derivative financial instrument, tradable only in the organized market, which buyer (or seller) undertakes an obligation to buy (or to sell) the underlying asset upon the expiry of designated period, on the standard terms, settled in the organized market.
Paragraph 2. Securities
Article 129. The Securities
1. A Security shall be the set of the appropriate records and other designations, which satisfy the property rights.
1-1. The securities may be debt and share.
The debt securities shall be the securities, which prove the obligation of the emitter (debtor) to pay the principal on the terms issue of the assets.
The share security shall be the security, which proves the right of its owner for the definite interest in estate in the cases, specified by the legislation of the Republic of Kazakhstan.
2. The assets, the obligations and others of the securities, determined in accordance with this Code and other legislative acts of the Republic of Kazakhstan shall refer to the securities.
3. The securities due to the form of issuance shall be subdivided in:
1) certified and uncertificated;
2) equity and private;
3) inscribed, bearer and order.
Certified securities shall be the securities, issued in documentary form ( on the paper or other material media with the opportunity to read the content of the security without using special equipment).
Uncertificated securities shall be the securities, issued in non-documentary form (in the form of the set of electronic records).
3. In the cases which are stipulated in legislative acts, for the exercise of a conveyance of the rights certified by a security, it shall be sufficient proof to establish in the special register (usual or electronic records).
Equity securities shall be the securities, which within one issue have similar features and attributes, which are placed and turned on the terms uniform for the current issue.
Private securities shall be the securities, which do not correspond to the features, indicated in the part four of this paragraph.
Inscribed security shall be the security, confirming the accessory of the rights, certified by it, to the person mention in it.
Bearer security shall be the security, confirming the accessory of the rights, certified by it, to the bearer of the security.
Order security shall be the security, confirming the accessory of the rights, certified by it, to the person mention in it, and to another person, in the case of transfer of these rights in the order specified by paragraph 3 of Article 132 of this Code.
4. The possibility of producing a certain of securities in one form or another may be excluded by this Code and other legislative acts of the Republic of Kazakhstan.
Article 130. Confirmation of the Rights for the Securities
1. The right of ownership of a security is proved by the possession of the certificate of security itself. In the case of transfer of the documentary security for safekeeping to a professional member of the security market, who is authorized to keep such securities by way of a license issued to him (her) or in accordance with legislative acts of the Republic of Kazakhstan, the bank statement, opened by this professional member for tracking purposes, shall become the confirmation of the rights for this security. In the case of difference between documentary security and statement of the mentioned account, the statement shall have a priority.
2.The statement of account, opened for tracking purposes by the professional member of security market, who is authorized to register the contract with the securities according to the license issued to him (her) or in accordance with legislative acts of the Republic of Kazakhstan shall be the confirmation of the right for the uncertified security.
4. The order of opening and conducting by the professional members of the security market of the accounts, intended for record the securities, as well as the requirements for the content and designing of the statements of such assets shall be determined by the legislation of the Republic of Kazakhstan.
Article 131. The Requirements to Securities
1. Thes of rights which are certified by securities, the obligatory details of securities, and the requirements with regard to the pro-forma of a security and any other necessary requirements, shall be determined by legislative acts, or in accordance with the procedure established thereby.
2. The absence of obligatory details concerning a security or the non-compliance of a security with the pro-form established there for, shall entail its invalidity.
Article 132. Conveyance of Rights Associated with Securities
1. In order to convey to any person the rights certified by a bearer's security, it shall be sufficient to hand the security to that person.
2. The rights certified by a registered name security shall be conveyed in accordance with the procedure which is established for the transfer of claims (cession). In accordance with Article 347 of this Code, a person who cedes the rights associated with a security shall be liable for invalidity of relevant claims, but not for its implementation. In a transfer of the rights associated with a registered name security to another person, the security in the transfer shall be annulled, and another security shall be issued to the new holder.
2-1. The peculiarities of the transfer of rights on the equity securities and the confirmation of rights on them shall be determined by the legislative acts of the Republic of Kazakhstan.
3. The right associated with order securities shall be conveyed by means of making on that security a conveyance inscription, the endorsement. The person who transfers the rights associated with an order security (endorser) shall be liable not only for the existence of the right but also for its exercise.
An endorsement executed on a security shall transfer all the rights certified by the security to the person to whom or by whose order the rights associated with the security (of the endorsee) are transferred. The endorsement may be blank (without any indication of the person to whom the consideration must be addressed).
The endorsement may be restricted only by the order to exercise the rights certified by the security, without any conveyance of those rights to endorser (pre-nomination endorsement). In this case the endorser shall act as a representative.
Article 133. Execution with regard to Securities
1. The person that issued a security and all the persons who endorsed it shall be jointly liable to its legitimate owner. In the case of satisfying the claims of the legitimate owner of a security, related to the execution of the obligation certified by it, by one or several persons from amongst those liable in relation to the security, they shall acquire the right to revert claim (regress) to the other persons who had become liable in relation to the security prior to them.
2. The refusal to execute the obligations certified by a security with the reference to the lack of basis for the obligations or to its invalidity shall not be allowed.
3. The owner of a security who detected fraud or forgery of the security shall have the right to present the person that conveyed the security to him (her) with the claim to properly execute the obligation certified by the security and to compensate losses.
4. The rights associated with securities held by any illegitimate holder shall not be exercised.
Article 134. Restoration of Securities
The restoration of the rights associated with the lost bearers' securities and order securities, shall be carried out by the court in accordance with the procedure stipulated in the procedural legislation.
Article 135. Is excluded
Article 136. A Debenture
1. A security which certifies the right of its holder to receive its nominal value or its other equivalent assets, from the entity which issued that security within the period established by the terms of that security's issue shall be recognized as debenture.
2. The debentures shall be issued only as inscribed security equity securities.
3. The Government of the Republic of Kazakhstan, The National Bank of the Republic of Kazakhstan and commercial organizations shall have the rights to issue the debentures.
4. Thes of the debentures and the order of their issue shall be determined by the legislation of the Republic of Kazakhstan.
Article 137. Is excluded
Article 138. Is excluded
Article 139. A Share
1. A share shall be recognized to be a security which certifies the right of its holder (shareholder) to receive part of net income of a joint stock company in the form of a dividend, to participate in managing the business of the joint stock company, and to part of the property of the joint stock company, which remains after its liquidation, as well as other rights specified by the legislative acts of the Republic of Kazakhstan.
2. The assets shall be issued for the inscribed security equity securities.
3. Thes of the assets shall be determined by the legislation of the Republic of Kazakhstan.
The procedure of issue of assets shall be determined by the legislation of the Republic of Kazakhstan on the security market.
4. Non-commercial organizations, established in the organizational legal form of the joint stock company shall not make payment of the dividends by their assets.
5. The legislative acts of the Republic of Kazakhstan may specify the opportunity to buy assets under the court decision from the stockholder, disturbing by his (her) actions or inactivity the interests of the joint stock company.
The legislative acts of the Republic of Kazakhstan may specify the opportunity and basis of the forced buy of the assets by banks and organizations, conducting certains of bank operations, as well as insurance (reinsurance) organizations upon the existence of the negative value of self capital, calculating in the order established by the legislative acts of the Republic of Kazakhstan.
Article 139-1. Bank Deposit Certificate
Bank deposit certificate shall be the certified private security, confirming the rights of its holder to receive upon the expiry of circulation period, specified by the terms of issue, or before its expiration, its nominal cost, as well as compensation in the amount, specified by the term of issue.
Article 140. Is excluded
Paragraph 3. Moral rights
Article 141. Protection of Personal Non-Property Rights
1. A person whose personal non-property rights are violated, apart from the measures stipulated in Article 9 of this code, shall have the right to compensation of moral damage by the rules of this Code.
2. Protection of personal property rights shall be carried out by the court in accordance with the procedure stipulated in civil procedural legislation.
