2. The person who issued a power of attorney may at any time annul the power of attorney or the reassignment, and the person to whom the power of attorney is issued may relinquish it. An agreement to wave this right shall be invalid.
Article 171. The Consequences of Terminating a Power of Attorney
1. The trustor shall be obliged to notify about the termination of a power of attorney (Article 170 of this Code) the person to whom the power of attorney is issued, and also third persons known to him, for representation to whom the power of attorney was issued. The same obligation shall rest with the legal successor of a person who issued the power of attorney in the cases of its cessation on the grounds indicated in paragraphs 5 and 7 of Article 170 of this Code.
2. The rights and obligations which arise as a result of the actions of a person to whom the power of attorney is issued prior to the time when this person learned or should have learned of its cessation, shall remain valid for the one who issued the power of attorney and his legal successors with regard to third persons. This rule shall not apply if the third party knew or should have known that the effect of the power of attorney ceased.
3. Upon the cessation of the power of attorney the person to whom it was issued or his legal successor must immediately return the power of attorney.
4. With the cessation of the power of attorney the conveyance of the powers associated with that power of attorney to the other person (re-assignment) shall lose force.
Chapter 6. Calculation of Periods
Article 172. Determining of the Periods
1. A term which is established by legislation, or transaction or is appointed by the court, shall be determined by a calendar date or an indication of an event which must inevitably take place.
2. A term may be established also as a period of time which is calculated by years, months, weeks, days or hours.
Article 173. The Beginning of the Term which is Determined by Period of Time
The course of a term which is determined by a period of time shall begin on the next day after the calendar date or the arrival of the event which determines its beginning.
Article 174. The Expiry of the Term Determined by Period of Time
1. A term which is measured by years shall expire in the corresponding month, and on the date of the last year of the term.
The rules which are used for the terms measured by months shall apply to a term which is measured by one half a year.
2. The rules which are used for the terms measured by months shall apply to the term which is measured by quarters of year. In this respect, a quarter shall be deemed to be equal to three months and the calculation of quarters shall be from the beginning of year.
3. A term measured by months shall expire on the corresponding date of the last month of the term.
A term which is determined as one half of a month shall be handled as a term measured by days, and it shall be deemed to be equal to 15 days.
If the expiry of a term measured by months falls on such month in which that date does not exist, then the term shall expire upon the last day of that month.
4. The term which is measured by weeks shall expire on the appropriate day of the last week of the term.
Article 175. Expiry of a Term on a Non-Working Day
If the last day of a term falls on a non-working day, then the expiry day of the term shall be the nearest working day following that day.
Article 176. The Procedure for Entering into Actions on the Last Day of a Term
1. If a term is established for any action, this action can be carried out within twenty-four hours after the expiration of the term.
However, if that action must be entered into in an organization, then that term shall expire at the hour when in accordance with the established rules that organization ceases the relevant transactions.
2. Written applications and notifications which are submitted to the post office, telegraph or any other institution of communications before 24 hours of the last day of a term, shall be deemed to be submitted within the term.
Chapter 7. Statute of Limitations
Article 177. The Definition of the Limitation Period
1. The statute of limitations is a period of time during which a claim may be satisfied, which arises from a violation of rights of a person or of an interest protected by law.
2. Statutes of limitation and the procedure for their calculation shall be stipulated in law and may not be changed by an agreement of parties.
Article 178. Terms of the Limitation Period
1. The general term of the statute of limitations shall be established at three years.
2. For certains of claims legislative acts may establish special-purpose terms of the statute of limitations, which are shorter or longer as compared to the general term.
3. The rules of Articles 177, 179 - 186 of this Code shall apply also to the special-purpose terms of the statute of limitations, unless legislative acts stipulate otherwise.
Article 179. The Application of the Limitation Period
1. The requirements to protect a violated right shall be accepted by the court for consideration irrespective of expiry of the term of the statute of limitations.
2. The statute of limitations shall be applied by the court only upon the application by a party in the dispute, which is made prior to the adoption of a decision by the court.
3. The expiry of the term of the statute of limitations prior to the presentation of the claim shall be the basis for the court's passing the decision to deny the action.
With the expiry of the term of the statute of limitations on the principal claim, the term of the statute of limitations shall expire with regard to additional claims (concerning the imposition of damages, the responsibility of the trustor etc.).
Article 180. The Course of the Term of the Limitation Period
1. The course of the term of the statute of limitations shall begin on the day when the person learned or should have learned of the violation of the right. Exceptions from this rule shall be established by this Code and the other legislative acts.
2. With regard to the obligations which have a definite term for their implementation, the course of the statute of limitations shall begin upon the expiry of the date of the execution.
3. With regard to the obligations, the implementation term of which is not determined or is determined by the moment of the call, the course of the statute of limitations shall begin from the moment when the call for the implementation of the obligation is made, and where the debtor is granted a privilege term for the implementation of such call, the counting of the statute of limitations shall begin on the expiry of the indicated term (paragraph 2 of Article 177 of this Code).
4. With regard to the regress obligations the course of the statute of limitations shall begin from the moment of execution of the principal obligation.
Article 181. The Term of the Statute of Limitations in the Replacement of Persons in an Obligation
The replacement of persons in an obligation shall not entail any changes with regard to the statute of limitations and the procedure of its calculation.
Article 182. Suspension of the Course of the Statute of Limitations Term
1. The course of the term of the statute of limitations shall be suspended as follows:
1) where the making of the claim is impeded by an event which is extraordinary or inevitable under those circumstance (force majeure);
2) by virtue of the announcement by the President of the Republic of Kazakhstan of a postponement of the execution of the obligation of that (moratorium);
3) where the plaintiff or the defendant are military units which are under martial law;
4) where an incapable person has no legal representative;
5) by virtue of suspending the effect of legislation which regulates the relevant relations.
With regard to actions concerning the compensation for harm caused to life or health of a citizen, the course of the term of the statute of limitation shall be suspended also in connection with the application by a citizen to the appointment of a pension or benefit, or the refusal to appoint those. to appropriate organizations for appointment and/or performance of payment of pensions or for appointment of a benefit - prior to appointment and/or performance of payment of pensions or appointment of a benefit or refusal to appoint and/or performance of payment of pensions or appointment of a benefit.
2. The course of the term of the statute of limitations shall be suspended where the circumstances indicated in this Article arose or continued to exist during the last six months of the statute of limitations, and if that term does not exceed six months, - during the course of the term of the statute of limitations.
3. The course of the statute of limitation shall continue from the date of the cessation of the obligation which entailed the suspension of the statute of limitations. In that respect, the remaining part of the term shall be extended up to six months, and where the term of the statute of limitations does not exceed six months, - up to the term of the statute of limitations.
Article 183. A Break in the Course of the Term of Statute of Limitations
1. The course of the term of the statute of limitations may be interrupted by the presentation of a claim in accordance with the established procedure and also by the commitment by the obliged person of the actions which evidence the recognition of the debt or any other liability.
2. After an interruption, the course of the term of the statute of limitation shall begin anew; the time which expired prior to the break shall not be included into the new term.
Article 184. The Course of the Term of the Statute of Limitations in a Case where the Action is not Considered
1. If an action is left by the court without consideration, the course of the statute of limitations which began prior to the presentation of the action shall continue in accordance with the general procedure.
2. Where the court left without consideration an action which is presented in a criminal case, then the course of the term of the statute of limitations, which began prior to the presentation of the action, shall be suspended until the sentence by which the action was left without consideration enters into legal force. The time during which the statute of limitations was suspended shall not be included in the term of the statute of limitations. In that respect, where the remaining part of the term is less than six months, it shall be extended up to six months.
Article 185. The Restoration of the Term of the Statute of Limitation
1. In exceptional cases where the court recognizes the reason for neglecting the term of the statute of limitations as serious because of the circumstances which are associated with the personality of the plaintiff (serious disease, helpless condition, illiteracy, etc.) the violated right of the citizen shall be the subject to protection. The reasons for omitting the term of the statute of limitations may be recognized as serious where they took place during the last six months of the term of the statute of limitations, and where the term is equal to six months, or is less than six months, - during the term of the statute of limitations.
2. The term of the statute of limitations shall be re-established and it shall begin its course again in the cases where there in accordance with legislative acts the plaintiff gets the right to file a new action on the same case in relations with the refusal to execute the court decision in that case.
Article 186. Execution of an Obligation upon Expiry of the Term of the Statute of the Limitations
A debtor or any other obliged entity that implemented an obligation upon expiry of the term of the statute of limitations, shall not have the right to claim back the implemented obligation, even if at the moment of the implementation the indicated person did not know of the expiry of the statute of limitations term.
Article 187. The Claims to which the Statute of the Limitations Does Not Apply
The statute of limitations shall not apply to the following:
1) claims concerning the protection of non-material assets and personal non-property rights, except for the cases which are stipulated in legislative acts;
2) claims of investors to the bank to repay their bank investments;
3) claims concerning the compensation for harm caused to life or health of a citizen. However, the claims which are presented upon the expiry of the statute of limitations shall be satisfied for no longer than three years preceding the presentation of the claim;
4) claims of a proprietor or any other legitimate owner concerning the elimination of any violations of his (her) right, where those violations are not associated with deprivation of ownership (Articles 264, 265 of this Code);
5) in the cases established by legislative acts, - also to any other claims.
Section 2. The Right to Own and Other Proprietary Rights
Chapter 8. The Right to Own. General Provisions
Article 188. The Definition and Contents of the Right to Own
1. The right to own shall be a recognized and protected by legislative acts the right of a person at his (her) discretion to own, use and dispose of the property which belongs to him (her).
The right of ownership shall be re-assigned to another person with all the encumbrances which existed at the moment of the commission of the transaction.
2. The owner shall have the rights to possess, use and dispose of his assets. The rights to own shall represent the legally-enforced capacity to exercise the actual possession of assets.
The right to use shall represent the legally-enforced possibility to extract from the assets their useful natural properties and also to extract benefits out of it. A benefit may be in the form of income, gain, fruit and in other forms.
The right to dispose shall represent the legally-enforced capacity to determine the legal destiny of property.
3. The owner shall have the right at his discretion to enter into with regard to the property which belongs to him, any actions including the alienation of the property into the freehold of any other persons, or to transfer to them, remaining the owner, his rights associated with ownership, use and disposal of the property, to pledge the property and to encumber it by any other methods and dispose of it in any other way.
4. The exercise by the owner of his powers must not violate the rights and legally protected interests of other persons and the state. The violation of the rights and legitimate interests may be expressed, aside from any other forms, in the abuse by the owner of his monopoly or any other dominant position.
The owner must adopt measures which prevent harm to the health of citizens and to the environment, which may be inflicted in the exercise of his rights.
5. The right to own shall be of indefinite term. The right to own property may be terminated by compulsion only upon the grounds provided for by this Code.
6. In the cases, on the conditions and within the limits provided for by legislative acts, the owner must allow for a restricted use of his property by any other persons.
Article 189. The Burden of Maintaining Property
1. The owner shall bear the burden of maintaining the property which belongs to him, unless it is otherwise stipulated by legislative acts or by an agreement, and he may not in a unilateral procedure transfer such a burden to a third person.
2. If property is legally held by third persons, then the costs incurred by them for the maintenance of somebody else's property, shall be subject to reimbursement by the owner, unless otherwise is stipulated in the agreement.
Expenditures associated with the maintenance of the assets shall not be reimbursed to the person who owns the thing unfairly and illegally (Article 263 of this Code).
Article 190. The Risk of Occasional Destruction or Occasional Damage to Property
1. The risk of an occasional destruction or an occasional damage to objects to be alienated shall be transferred to the acquirer simultaneously with the emergence of his right to own, unless it is otherwise stipulated in legislative acts or an agreement.
2. Where the alienator guiltily delayed the transfer of objects or the acquirer guiltily delayed their acceptance, the risk of occasional destruction or occasional damage shall be borne by the party which caused the delay.
Article 191. The Definition ands of Private Property
1. Private property shall be recognized as the property of citizens and of non-state-owned legal entities and their associations.
2. Any property, except for certains of property which in accordance with legislative acts may not belong to citizens or legal entities, may be in private ownership.
The quantity and the value of the assets which are in private ownership shall not be restricted.
Article 192. The Right to State Property
1. The state property shall be recognized in the form of the Republic's property and communal property.
2. The property of the Republic shall consist of the state treasury and the property allocated to state owned Republic's legal entities in accordance with legislative acts.
Funds of the Republic's budget, objects of the state property which are enumerated in Article 193 of this Code, and other state property which is not attached to state-owned legal entities, shall form the State Treasury of the Republic of Kazakhstan.
3. Communal property shall consist of the local treasury and assets which are entrusted to the communal legal entities in accordance with legislative acts.
The resources of the local budget and any other communal properties which are not attached to state owned legal entities, shall constitute the local treasury.
3-1. According to the levels of the local state government communal property shall be subdivided into regional (cities of republican state, capitals) and district (cities of regional status).
4. The property which is in the state ownership may be entrusted to state legal entities in accordance with the economic management or operational management.
5. Special considerations in the legal regime of the state property which is under authority of certain state-owned institutions shall be defined by legislative acts.
6. Transfer of state property from one of state ownership to another shall be conducted in accordance with the legislative act of the Republic of Kazakhstan concerning the state property.
Voluntary and gratuitous transfer of the state property from private property to state property shall be conducted in order, established by the legislative act of the Republic of Kazakhstan concerning the state property.
Transfer of the state property owned by the community, from one of state ownership to another shall be conducted in accordance with the legislative act of the Republic of Kazakhstan concerning the state property.
7. Provisions of this Article shall be applied correspondingly to other, except for the right to ownership, civil rights for the state property, unless another provided by the legislative acts of the Republic of Kazakhstan concerning the state ownership or which don not contradict to the subject of the civil rights.
Article 193. Ownership of Land and Other Natural Resources
Land, its subsurface, water, flora, and fauna, and other natural resources, shall be in the state ownership. Land may also be in private ownership on the grounds, conditions, and within the limits, stipulated by legislative acts.
Article 193-1. Strategic Facilities
1. The strategic object is the property, which has a social-economic significance for the sustainable development of the Kazakh society, whose ownership and (or) use and (or) control shall influence the state of the national security of the Republic of Kazakhstan.
2.The following entities may be regarded as strategic facilities: backbone railway networks; main pipelines; national electric networks; trunk circuits; objects of television and radio broadcasting (engineering and manufacturing apparatus of the land and satellite of television and radio broadcasting); oil-refineries; energy producing facilities with a capacity exceeding 50 megawatts; national post networks; international airports; international seaports; navigational technologies of the air traffic control system; equipments and navigational signs, regulating and guarantying safety of navigation; targets of using of nuclear energy; targets of space sector; water facilities; public highways; as well as the blocks of shares (participatory interests, stakes) in the legal bodies, which owns the strategic facilities, the holdings of shares (participatory interest, pies) of legal and private bodies, which have an opportunity to directly or indirectly shape decisions or to influence on the decisions taken by the legal bodies, which own the strategic facilities.
The strategic facilities may be owned by the state or legal bodies in accordance with the legislation of the Republic of Kazakhstan.
3. The encumbrance of strategic facilities by the rights of third persons or their alienation shall be possible on the basis of the decision of the Government of the Republic of Kazakhstan on granting of permission and in the order, established by the legislative act of the Republic of Kazakhstan concerning the state property.
4.In the case of the citizen or non-governmental legal body intending to conduct the alienation of the strategic facility, as well as in the case of levying of execution for the strategic facility or alienation of the strategic facility by the rehabilitation or bankruptcy manager, or the realization of the charged property (strategic facility) by the pledge holder without legal proceedings, or the levying of execution on the strategic facility on the basis of judicial act of the Republic of Kazakhstan concerning the state property:
The market price of the strategic facility shall be determined in accordance with the legislation of the Republic of Kazakhstan concerning the valuation activities and by the legislative act of the Republic of Kazakhstan concerning the state property.
The order of using priority right to obtain the strategic facility shall be determined by the legislative act of the Republic of Kazakhstan concerning the state property.
5.If the rights of the third person violates the requirements of the paragraphs 3 and 4 of this Article, when encumbering the strategic facility or its alienation, such contract shall be invalidated from the moment of its execution.
Article 194. The Right to Own and Other Proprietary Rights to Housing
Special considerations for the exercise of the right of ownership and any other corporeal rights relating to housing shall be covered by legislation concerning housing.
Article 195. The Proprietary Rights of Persons Who are Not Owners
1. Aside from the right to own, the following shall be recognized as corporeal rights:
1) the right to use land;
2) the economic management;
3) the right to operational management;
3-1) the limited right to the target using of another property (servitude);
4) other corporeal rights, provided for by this Code or any other legislative acts.
2. The provisions concerning the right of ownership shall apply to corporeal rights, unless it is otherwise stipulated in legislation, and when it does not contradict the nature of a given corporeal right.
3. Passing of title to another person’s property shall not constitute grounds for termination of the other corporeal rights to this property, unless otherwise specified by the legislative acts of the Republic of Kazakhstan.
Chapter 9. The Economic Management
Article 196. The Economic Management of a State Enterprise
1. The economic management shall be a corporeal right of state-owned enterprises that received their property from the State as the owner, and which exercise within the limits established by this Code and other legislative acts, the right to own, use and dispose of that property.
2. Special considerations for the exercise of the economic management shall be determined by the legislative acts of the Republic of Kazakhstan.
Article 197. The Objects of the Economic Management
Any property, unless it is otherwise stipulated in legislative acts of the Republic of Kazakhstan, may be object of the economic management.
Article 198. The Acquisition and Termination of the Right of Business Authority
1. The right of business authority over the property which the owner decided to entrust to a state-owned enterprise that has already been formed, shall arise for that enterprise at the moment of the registration of the property in the independent balance-sheet of the enterprise, unless it is otherwise established by legislation or decision of the owner.
2. The agricultural produce, products and income from the use of the assets which are under business authority, and also the assets which are acquired by the enterprise in accordance with agreements or on any other grounds, shall be received into the business authority of the enterprise in accordance with the procedure established by legislative acts for the acquisition of the right to own.
3. The economic management with regard to property shall cease on the grounds and in accordance with the procedure stipulated by legislation for the cessation of the right of ownership, and also in the cases of the legitimate withdrawal of property from the enterprise by decision of the owner.
Article 199. The Right of the Owner With Regard to the Property which is Under Business Authority
The owner of the assets which are under business authority, shall in accordance with legislative acts decide issues of creating an enterprise, determining the objectives and purposes of its activity, of its reorganization and liquidation, and the owner shall exercise the control of use of the property belonging to the enterprise of its purposeful use and safety.
The owner shall have the right to receive part of net income from the use of the assets which are under the business authority of the enterprise formed by him (her).
Article 200. The Conditions for the Exercise of the Property Rights of a State-Owned Enterprise
1. A state-owned enterprise which carries out its activities under the rights to business authority, unless it is otherwise stipulated in legislative acts, shall not have the right to enter into the followings of entrepreneurial activity without the approval of the owner or of the state body authorized by the owner:
1) to sell or transfer to any other persons, exchange, long-term lease (longer than three years), entrust for temporary charge-free use the buildings, facilities, equipment and any other fixed assets of the enterprise which belong to it;
2) to form affiliates and subsidiaries, establish in conjunction with private entrepreneurs enterprises and joint production facilities, to invest in them its productive and monetary capital;
2-1) to dispose of his (her) assets (except for the cases specified by this Article) as well as the debtor indebtedness.
3) give a loan;
4) to issue surety ship or a guarantee with regard to obligations of third persons.
2. Unless it is otherwise stipulated in legislation, a state enterprise shall independently dispose of the property which is attached to it under the right of business authority, and which is not recognized as fixed assets.
A state-owned enterprise under the rights to business authority shall not have the right to sell and to cut deals of gift in respect of the property, which refer to the basic assets of the state enterprise, as well as assets belonging to it.
Article 201. The Application of the Provisions Concerning the Right of Ownership to the Relations with the Participation of State-Owned Enterprises
The provisions of this Code concerning the right to own shall apply to property relations with the participation of the state enterprises, unless otherwise ensue from this Code and any other legislative acts.
Chapter 10. The Right to the Operational Management
Article 202. The Definition and Contents of the Right
1. The right of operational management shall be recognized as a corporeal right of an institution, state owned institution which is financed at the expense of the funds of its owner, and of a public enterprise which received property from the owner and which exercise within the confines established by legislative acts, and in accordance with the objectives of their activities, assignments of the owner and designation of the property, the rights to possess, use and dispose of that property.
2. Special considerations for the exercise of the right of operational management of the public enterprises and the state institutions shall be determined by the legislative act of the Republic of Kazakhstan concerning the state property.
Article 203. The Acquisition and Cessation of the Right of Operational Management
The acquisition and cessation of the right of operational management shall be exercised on the conditions and in the accordance with the procedure stipulated in Chapters 13 and 14 of this Code, unless it is otherwise stipulated in legislative acts of the Republic of Kazakhstan.
Article 204. The Rights of the Owner of the Property Entrusted for Operational Management
1. The owner of the assets which are in operational management shall in accordance with legislative acts decide the issues of creating an institution, state-owned institution or a public enterprise, of determining the objectives and the purposes of its activities, it shall have the right to determine the legal destiny of the institution, state-owned institution or public enterprise, and the contents of its activities.
2. The owner shall exercise supervision for the efficient and safe operation by the institution, state-owned institution or the public enterprise of the assets entrusted by the owner.
3. In the event that an institution is formed by several owners, the relations between them and the rights of the owners to manage their assets shall be determined by the foundation agreement or a similar contract.
Article 205. The Right of the Owner to Withdraw and Re-allocate the Property Entrusted for Operational Management
The owner of the assets entrusted to an institution, state-owned institution or a public enterprise shall have the right to withdraw that property or re-allocate it between other legal entities formed by the owner at his (her) discretion, unless it is otherwise stipulated in legislative acts of the Republic of Kazakhstan.
Article 206. The Dispose of the Property of an Institution
An institution shall not have the right to alienate or in any other way dispose of the assets which are entrusted to it and of the assets which are acquired at the expense of the resources appropriated to it in accordance with the estimate.
Special considerations for the exercise of the commercial activities of state institutions shall be determined by the legislative act of the Republic of Kazakhstan.
Article 207. The Liability of the Foundation Party With Regard to Debts of the Public Enterprise and State-Owned Institution
1. A public enterprise shall be liable for its obligations with the funds at its disposal.
When funds owned by a public enterprise are insufficient, the Government of the Republic of Kazakhstan or the relevant local executive body shall bear the subsidiary liability under its obligations.
2. Liability of institutions and state-owned institutions shall arise in accordance with the procedure provided for by paragraph 1 of Article 44 of this Code.
Article 208. The Transfer of the Right to Own an Institution
When the right to own an institution is transferred to any other entity, that institution shall retain the right of operational management of the property which belongs to it.
Chapter 11. Common Property
Article 209. The Definition and Grounds for the Emergence of Common Property
1. Property which is in the ownership of two or more persons shall belong to them under the right of common ownership.
2. Assets may be in common ownership with the determination of the share of each of the owners in the right to own (shared ownership) or without determining such shares (joint property).
3. Common ownership of any assets shall be shared-ownership, except for the cases where the law stipulates the formation of joint ownership of the property.
4. Common ownership shall emerge when two or several persons receive the property which may not be divided without changing its designation (indivisible items), or may not be divided by virtue of law.
Common ownership of indivisible assets shall emerge in the cases which are stipulated in legislative acts or an agreement.
5. By agreement of the participants of common property, and in the case of failure to reach consensus, upon the decision of a court, shared ownership of the entities may be established with regard to the common property.
6. Ownership of real estate may arise in the form of a condominium, whereby certain parts of real estate are in individual (separate) ownership of citizens and (or) legal entities, and those parts of real estate which are not in separate ownership, shall belong to the owners of parts of real estate under the right of common shared ownership.
The share of each owner in the common property shall be inseparable from his separate ownership of a part of real estate belonging to him.
The size of a share of each owner in the common property, and the degree of participation in costs of its maintenance, shall be related to the size of the parts of real estate which are in individual (separate) ownership, unless it is otherwise stipulated in legislative acts or an agreement.
7.Special considerations in the legal regime of differents of condominium may be defined in legislative act of the Republic of Kazakhstan concerning the investment funds.
Article 210. Determining the Shares in the Right of Shared Property
1. When the size of the shares of participants of shared property may not be established on the basis of legislative acts and is not established by an agreement of all its participants, the shares shall be deemed to be equal.
2. An agreement of all the participants in a shared property may establish a procedure for determining or changing their shares in relation to the contribution of each one of them to the formation and the increase of the common property.
Article 211. The Rights of a Participant in Shared Property which are Associated with its Improvement
1. A participant in shared property who carries out at his (her) own expense, in compliance with the procedure established for the use of common property, its inseparable improvements, shall have the right to proportionate increase of his share in the right to the common property.
2. The separable improvements of common property, unless it is otherwise stipulated in an agreement of the participants in common property, shall become the property of the one of the participants who made them.
