3. A citizen or a legal entity which refer to the prescription to the long-term ownership may adjoin to the ownership all the time during which he owned that thing whose legal successors they are.
4. The course of the right of the prescription term in respect of the assets which are with the person from the possession of whom it might have been claimed in accordance with articles 260 and 263, 265 of the present Code shall begin not earlier than the expiration of the term of the statute of limitation in respect of the relevant claims.
5. In the case where an owner is refused by the court of his right to own the person who possess the property shall become the owner thereof.
Article 241. Conversion into property of things commonly available for collection or extraction
Turning into property of the items which are generally available or generally accessible for collection in the cases where in accordance with the legislation the local tradition or the general permission which is granted by the owner in forests, bodies of water or in any other territories it is permissible to collect berries, catch fish, hunt animal, collect or extract any other objects the right to own the relevant items shall be acquired by the person who carried out their collection or the extraction.
Article 242. Property in abeyance
1. Property is abeyance is property which has no owner or whose owner is unknown or the property the right to own which was rejected by the owner.
2. Unless excluded by the rules for the acquisition of the right to own the items from which refused by the owner (Article 243) findings (Article 245) an attendant animals (Article 246) and hoard (Article 247) the right to own unowned movable items may be acquired by virtue of the prescription term (Article 240).
3. The property in abeyance shall be registered for accounting by the body which carries out the state registration of immovable assets in accordance with the application of the local executive body in whose territory they were identified. Upon expiration of a year from the date of registering an ownerless immovable item registration by the body which is authorized to manage the communal property may appeal to the court with e requirement to recognize that item as the one received by communal property.
An ownerless immovable item which is not recognized in accordance with the decision of the court as received by the communal property may be again adopted into ownership, use and disposal by the owner who left it or acquired into the ownership by the virtue of the prescription term Article 240.
Article 243. Movable items rejected by the owner
The movable items which were left be hind or thrown away by the owner for the purpose of rejecting the right to own them (Article 250) may be turned into the ownership of any other person in accordance with the procedure provided in paragraph 2 of this article.
Article 244. Unauthorized construction
1. The unauthorized construction shall be recognized to be a residential house or any other structure installation or any other immovable asset which is created on a land plot which was not allocated for those purposes in accordance with the procedure provided in the legislation and also the one which is created without the receipt of the permissions which are required thereof.
2. A person who committed an authorized construction shall not acquire the right of ownership in respect thereof. That person shall not have the right to dispose of the structure, to sell, transfer as a gift, lease or commit any other transactions. The unauthorized construction shall be subject to devaluation by the person who performed it or at his expense except for the cases stipulating in paragraph 3 of this article.
3. The right to own in respect of an unauthorized structure construction may be recognized by the court as belonging to the person who carried out the construction on a land plot which did not belong to him under the condition that land plots in accordance with the established procedure granted that person for the deployment of the erected structure.
The right to own the unauthorized structure may be recognized by the court also as belonging to the person in whose permanent use the land plot is where the construction took place. In that case the person who is recognized to own the structure shall reimburse to the person-that committed it the expenditure which is associated with the construction in the amount determined by the court.
The right to own an unauthorized structure may not be recognized as belonging to the indicated person where the preservation-of the structure entails destruction of the right violation of the rights and legally protected interests of any other persons or creates threat to life and health to citizens.
4. In exceptional circumstances and if advisable from the social and economic view, the unauthorized structure may be transferred into the communal ownership after refunding construction expenses in the amount determined by court.
Article 245. Finding
1. A person who found a lost item must immediately notify of that a person who lost it or the owner of the item or anyone of other persons known to him who have the right to get it and to return to him that found item.
If an item is found in the premises or in the transport, it shall be subject to submission to the person who represents the owner of that premises or transport. In that case the owner shall acquire the right and he shall bear the responsibility of the person who found the item.
2. If a person who has the right to receive the found item or his place of location is unknown the person who found the item shall be obliged to declare his finding to the militia or the local executive body.
3. The person who found a thing shall have the right to keep with himself or leave it for the storage to militia the local executive body or to a person indicated by them. Perishable things or a thing the expenses associated with the storage thereof are not commensurate with its value may be sold by the person who found it with the receipt or written proves certifying the amount of receipt. Money received from the sale of the found thing shall be subject to storage and repayment to the person who has the right to receive the thing or transfer to the ownership of other persons in accordance with the procedure and on the conditions established for the thing itself.
The person who found a thing shall be liable for its loss or destruction only in the case of his intentions or growth carelessness within the limits of the value of the thing.
4. Where upon expiration of six months from the moment of the application of' finding to militia or the local executive body the person who has the right to receive the lost thing is not identified and does not declare his right in respect of the thing to the person who found it or to militia or to the local executive body the person who found the thing shall acquire the right to own it. If the person who found a thing into his ownership it shall be transferred to the ownership of the community.
5. The person who found and returned a thing to the person who got the right to obtain it shall have the right to receive from that person and in the case of transfer of the thing to the communal property from the relevant-local executive body the compensation of expenditures necessary and associated with the storage, submission, sale of the thing and the expenditures associated with the identifying the person who is authorized to receive the thing.
6. A person who found a thing shall have the right to receive award from the person who is authorized to receive the thing in the amount of thirty percent of the value of the thing. If the found thing represents a value only for the person who is authorized to receive it then the amount of the award shall be determined in accordance with the appraisal carried out by the parties. The right to award shall not arise if the person who found the thing did not execute his duty to declare the finding or committed any other actions in order to conceal the finding.
Article 246. Unattended animals
1. The person who detains unattended cattle and other domestic or tame animals shall be obliged to return them to the ownerand if he or his location are unknown not later than in three days from-n the moment of such detention to declare of the found animals to militia or the local executive body which shall adopt measures to find the owner.
For the period of searching the owners of the animals, they may be kept by the person who detained them for his maintenance and use or turned in by him for the maintenance and use to any other person who has sufficient conditions for that. Upon request of the person who detained animals, finding of the person who has necessary conditions for the maintenance and use and conveyance to them of the animals shall be carried out by militia or the local executive body.
2. The person who detains the animals and the person to whom they are transferred for maintenance and use shall be responsible for death and damage to the animals only to the amount of guilt and within the value of those animals.
3. If during six months from the moment of the declaration of finding working or large cattle and two months for any other domestic animals their owner is not found and does not (apply) declare of his right to them the right of ownership of those animals shall be transferred the person with whom they stayed, maintained for the maintenance and use.
In the case of refusal of that person to acquire for the ownership of the animals maintained with him they shall be come to communal property and use in accordance with the procedure determined by the relevant local executive body.
4. In the case of return of the animals and the person with whom they staved for the maintenance and for the use shall have the right to receive from that -owner compensation c-if the expenditures associated with the maintenance of the animals with the inclusion of the benefits taking into account the benefits extracted from the use thereof.
5. The person who detained unattended cattle and any other animals or domestic tame animals shall have the right to demand from their owner the payment (of the award) of the reward in accordance with paragraph five of article 245 hereof.
6. In the case of the former owner of the animals arrival after the transfer to the ownership of any other person the owner shall have the right in the case where the circumstances are present which witness of devotion in respect from the part of those animals or of cruel or any other improper treatment with them of the new owner to require their return to him under conditions to be established by agreement with the new owner and it they fail to agree through the court.
Article 247. Hoard
1. A hoard that is hidden in the earth or concealed by any other method money or any other valuables the owner whereof may not be identified or by virtue of legislation lost the right to them shall be come the property and equal shares of the owner of the land plot or the owner of the immovable (asset) item in which the hoard was hidden and the person who found the hoard unless the agreement between themselves does not establish otherwise.
In the case of finding a hoard by a person who conducted excavations or research for valuables without consent for that of the user of the land plot or the owner of the immovable property where the hoard was hidden the hoard shall be subject to transfer to that owner.
2. In the case of finding a hoard which contains things which are referred to memorials of the history and culture they shall be subject to be transferred to the ownership of the Republic of Kazakstan. In that respect the user of the land plot or the owner of the immovable property in which such hoard has found and the person who found the hoard shall have the right to receive a reward in the amount of fifty percent of value of that hoard the remuneration shall be distributed between those persons. In accordance with the rules provided in paragraph one if this article.
Article 248. Acquisition of the property confiscated from an owner
If a person in accordance with the procedure and under conditions provided in the legislative acts as acquired property confiscated from the owner on a legal basis that person shall acquire the right to own the property.
Chapter 14. Termination of the Right
to Own and any Other Rights in Rem
Article 249. Basis for termination of ownership
1. The right to own shall terminate in the alienation by the owner of his property to any other persons the refusal of the owner from the right to own the death or destruction of (asset) properties and loosing of the right to own the assets in any other cases provided by the legislative acts.
2. Confiscation from an owner of his assets shall not be permitted except for the following cases:
1) Claim imposed on the assets based on the liability of the owner.
2) Compulsory alienation of assets which by virtue of the legislative acts may not belong to that person.
3) Requisition.
4) Confiscation.
5) Alienation of immovable assets in relation to the reservation of the land plot.
6) The purchase of ownerless cultural or historic valuables.
7) In any other cases provided hereby.
3. In the cases on the conditions and in accordance with the procedure provided by the legislative acts on privatization, the assets which are in the state of communal property shall be alienated into private property of individuals and legal entities.
4. In the case of the adoption of the law of the Republic of Kazakstan on transformation into the state ownership of private property of individuals and legal entities (nationalization), the losses shall be compensated to them following the procedure provided by article 266 hereof.
Article 250. The refusal of ownership
An individual or a legal entity may wave the right to own the assets which belong to him having declared that or committing any other actions which definitely prove his dismissal from ownership use and disposal of the assets without an intent to retain any other rights in respect of those assets.
Refusal from the right to own shall not result in termination of the rights and obligations of the owner in respect of the acquisition of the right to own that property by any other person.
Article 251. Execution of assets of an owner
1. The execution of assets in respect of the liability of an owner shall be carried out in judicial procedure unless otherwise provided by legislative acts or the agreement.
2. The right to own the assets being executed shall terminate with the owner from the date of emergence of the right of the ownership in respect of the confiscated assets from the person to whom the right to own transfers in accordance with the procedure provided in the legislation.
Article 252. Termination of ownership of a person to whom the assets may not belong under legislation
1. When on the bases which are allowed by the legislative acts, in the ownership of a person there are the assets which relay not belong to him by virtue of the legislative acts those assets must be alienated by the owner within one year from the moment of the emergence of the right to own that property, unless other deadlines are provided in the legislative acts.
In the case where the assets are not alienated by the owner within the indicated deadlines, they, in accordance with the decision of the court shall be subject to compulsory alienation with the compensation to the owner of the value of the assets, less the expenditures associated with their alienation.
2. When in the ownership of a citizen or a legal entity on the bases allowed by the legislative acts there is all treat for the acquisition whereof a special permission is required, and its issue to the owner is denied, that item shall be subject to alienation in accordance with the procedure which is established for the property which may not belong to that owner.
Article 253. Requisition
1. In the case of natural calamities, accidents, epidemics, episodes, and under any other circumstances which have an extraordinary nature, property may be requisitioned in the interests of the Company upon the resolution of bodies of the State Power and Administration from an owner in accordance with the procedure and under conditions which are established by the legislative acts with the payment to him of the value of the property (requisition).
2. The evaluation on the basis whereof the owner is reimbursed the value of the requisitioned property relay be challenged by him in judicial procedure.
3. A person whose assets are requisitioned shall have the right to claim through the court the return to him of remaining assets after the cessation of the effect of the circumstances in relation to which the requisition took place.
Article 254. Confiscation
In the cases ,which are provided in the legislative acts, assets may be confiscated without compensation from an owner in a judicial procedure in the form of a sanction for the commitment of a crime or any other violation of law (confiscation).
Article 255. Termination of the right to own immovables in relation to the reservation of land and of any other natural resources
1. The termination of the right to own immovables in relation to a resolution by a state body, which is not directly aimed at the confiscation of the property from the owner, including by the decision to reserve the land plot upon which a house or any structures, installations or plantations which belong to the owner are located, shall be allowed only in the cases in an accordance with procedure established by the legislative act with the granting to the owner of equally valuable assets and the reimbursement of ,any other losses incurred, or refund to him in full volume of the losses inflicted by the termination of the right to own.
2. In the case of a disagreement of the owner with the decision which entails the termination of the right to own, it may not be effected prior to the settlement of the dispute in a judicial procedure. When considering a dispute, all the issues associated with the reimbursement to the owner of the inflicted losses shall be also resolved.
3. The rules of this Article shall appropriately apply to the termination of the right to own immovable assets in relation to the resolution of a state body to reserve mining allotments, parts of the seabed and any other- plots on which assets are located.
Article 256. Redemption of ownerless cultural and historic valuables
In the cases where an owner of cultural and historic valuables which are referred in accordance with the legislation to especially valuable and protected by the State, carelessly keeps those valuables, which threatens the loss by them of their significance, such valuables upon the decision of the court relay be confiscated front the owner by the State by way of a buy-out or sale through a public auction.
In buying out cultural valuables, the owner shall be compensated their value in the in the amount established by agreement of the parties, and in the case of a dispute, - by the court. In selling through the auction, the amount received front the sale shall be transferred to the owner, less the expenditure on the conduct of the auction.
Article 257. The appraisal of the assets when terminating ownership
When terminating the right to own, assets shall be apprised on the basis of their market value.
Article 258. Termination of Rights in Rem belonging to a non-owner
Rights in rem which belong to a non-owner shall terminate in accordance with the rules established by Articles 249-257 hereof, as well as upon the decision of the owner in accordance with the procedure established by the legislative acts, by the charter of the legal entity or by agreement of the owner ,with the holder of the property.
Chapter 15. Protection of the Right to
Own and of Any Other Rights in Rem
Article 259. Recognition of ownership
The owner shall have the right to claim the recognition of the right to own.
Article 260. Return of property by owner of someone else's illegal possession
The owner shall have the right to seek the return of his property from somebody else's illegal possession.
Article 261. Claiming property from an honest acquirer
1. When assets are required free of any charge from a person who does not the right to alienate them, of which the acquirer had no knowledge and should not had the knowledge (an honest acquirer), then the owner shall have the right to claim that property from the acquirer only in the case where the assets are lost by the owner or the person to whom the assets were conveyed by the owner for possession or stolen from the former or the latter or went out of their possession in any other way outside their will.
2. If assets are acquired free of charge from a person who did not have the right to alienate them, the owner shall have the right to claim the assets in ally case.
3. Claiming assets on the bases which are indicated in part I of this Article shall not be allowed, provided the assets were sold in accordance with the procedure established for the execution of the court decisions.
Article 262. Limitation on the claims of money and securities
Money and also bearers' securities may not be claimed front an honest acquirer.
Article 263. Settlements in returning items from illegal possession
1. Claiming assets on the basis of Articles 260 and 261 of the present Code, the owner shall also have the right to claim from an unfair holder, the return, or reimbursement of all the income which he derived or should have derived during the entire time of possession; while from the honest holder, - of all the income which he derived or should have derived from the time when he learnt of the illegitimacy of his possession and received the subpoena related to the action of the owner to return the assets. An honest holder - in his turn shall have the right to claim from the owner reimbursement of the necessary costs incurred in relation to the assets from the time when income became due to the owner. An unfair holder shall have the right to obtain such a reimbursement entirely or in part only in the cases, where the claim of the owner is recanted by the court as substantial.
2. An illegitimate possessor shall have the right to retain the improvements made by him, where they may be separated without damaging the item. Where such separation of improvements is impossible, the honest holder- shall have the right to claim reimbursement of expenditures on improvement, but not greater than the amount of the increase of the value of the item. The illegitimate holder shall have such right.
Article 264. Protection of the right of the owner from the violations which are not related to the deprivation of ownership
An owner may claim the removal of any violation of his right, even though those violations are not related to deprivation of ownership.
Article 265. Protection of material rights of the person who is not an owner
The rights which are provided in Article 259 - 264 of the present Code shall also belong to the person who although is not the owner, but holds the property under the tight to business administration, operational management, permanent land use or on any other basis which is provided in the legislative acts or the agreement. That person slash have the right to protect his possessions from the owner, as well.
Article 266. Protection of the interests of the owner in terminating his rights for reasons provided in the law
In the case of adoption by the Republic of Kazakstan of legislative acts which terminate the right to own, the losses inflicted upon the owner as a result of the adoption of those acts shall be reimbursed to the owner in full volume by the Republic of Kazakstan.
Article 267. Invalidity of the acts of the bodies of authorities, administration and officials, which violate the rights of the owner and other material rights
1. Where as a result of issuing a normative or individual act which does not comply with the legislation, by a body of the state administration, local representative or executive body, or by an official person, the rights of an owner and of any other persons are violated in relation to possessing., using and disposing of the assets which belong to them, such an act shall be recognized as -invalid in a judicial procedure through the action of the owner or a person whose rights are violated.
2. When a court passes its decision on -a specific case, the acts of the bodies of the state administration and local representative or executive body, which contradict the legislative acts, shall not be applicable.
Any losses .which are inflicted upon an owner as a the result of the issue of the indicated acts shall be subject to reimbursement in full volume by the relevant body of power or administration front the resources of the relevant budget.
Section 3. Law of Obligations
Subsection 1. General Provisions Concerning Obligations
Chapter 16. The Concept and the
Bases for the Emergence of Obligations
Article 268. The concept of an obligation
By virtue of an obligation, one person (a debtor) shall be obliged to commit for the benefit the other person (a creditor) certain actions, e.g. to transfer assets, perform work, pay money etc., or abstain, from certain actions and the creditor shall have the right to claim from the debtor the fulfillment of his obligation. The creditor shall be obliged to accept the fulfillment from the debtor.
Article 269. Parties to an obligation
1. Citizens, legal entities ,and the state may act as the parties in obligations, unless it is otherwise provided in legislative acts.
2. Several persons, may participate simultaneously in an obligation as either of the parties, creditor or- debtor. In those cases in accordance with the rules established by the present Code (Article 286 - 288) the obligation shall arise which is a shared, joint or subsidiary obligation.
Invalidity of the claims of a creditor- toward one of the persons who participate in an obligation on the side of the debtor, equally as the expiration of the term of the statute of limitations of the claim toward such a person, by itself share not affect the creditor's claims toward such other persons.
3. If by virtue of an obligation each of the parties bears a liability for the benefit of the other party, it shall be deemed to be a debtor of the other party in what it is to do for its benefit, and simultaneously, - its creditor in what it has the right to claim from it.
Article 270. Participants of an obligation
1. Participants of an obligation shall be the parties (debtor and creditor) and third persons.
2. The persons who are bound by obligations or any other legal relations with one of the parties of the obligation shall act as third parties.
3. Obligations shall not create duties for third parties. In the cases provided by the legislation or agreement of the parties, an obligation may give rise to the rights of third parties of respect of one or both parties of the obligation.
Article 271. The bases for the emergence of an obligation
An obligations emerge from an agreement, infliction of damage or on any other bases which are provided in Article 7 hereof.
Chapter 17. Fulfillment of an Obligation
Article 272. Proper fulfillment of obligations
Obligations must be fulfilled in a proper manner in accordance with the conditions of the obligation and requirements of the legislation and in where such conditions and requirements do not exist, - in accordance with the traditions of business practice or any other requirements, which are usually applicable.
Article 273. Unacceptability of the unilateral refusal to fulfill an obligation
A unilateral refusal from the fulfillment of an obligation and a unilateral alteration of its conditions shall not be acceptable, except for the cases provided by the legislation of agreement.
Article 274. Fulfillment of an obligation in part
A creditor- shall have the right not to accept the fulfillment of an obligation by part, unless it is otherwise provided in the conditions of the obligation, the legislation or follows from the traditions of the business practice or the essence of the obligation.
Article 275. The fulfillment of an obligation to a proper person
Unless otherwise provided by an agreement of the parties or follows from the tradition of business turnover, or the essence of the obligation, when an obligation is fulfilled the debtor shall have the right to claim the proof that the fulfillment is accepted by the creditor himself or by a person authorized therefore and he shall bear the risk of the consequences of a failure to present such a claim.
Article 276. The fulfillment of obligations by a third party
1. The fulfillment of an obligation may, be delegated, entirely or in part, to a third party, provided it is provided in the legislation or the agreement, and also where the third party is related to one of the parties through an appropriate agreement.
2. When the obligation of a debtor to fulfill an obligation personally does not follow from the legislation, conditions of the obligation or from the essence, the creditor shall be obliged to accept the fulfillment presented for the debtor by a third party.
3. The third party which is under the threat to lose its right to the property of a debtor (the right to use, own, pledge etc.) as a result of the imposition by the creditor of a claim upon that property, may at its expense satisfy the claim of the creditor without the consent of the debtor. In that case the rights of the creditor in the obligation shall be transferred to the third party, and the rules of the present Code concerning the assignment of a claim (Article 339-347 of the present Code) shall apply.
Article 277. The term for fulfillment of an obligation
1. When an obligation provides or allow, to identify the date of its fulfillment or a period of time during which it must be fulfilled, the obligation shall be subject to fulfillment on that date or appropriately at any moment within that period.
2. In the cases where the obligation does not provide the date for its fulfillment and does not contain any condition which allow to identify that date, it must be fulfilled within a reasonable period after the emergence of the obligation.
An obligation which is not fulfilled within a reasonable term, and equally an obligation the term for the fulfillment whereof is identified as the moment of the claim, must be fulfilled by the debtor within seven days from the date of the presentation by the creditor of the claim of its fulfillment, unless the duty to fulfill by any other date follows from the legislation, the conditions of the obligation, traditions of business practice or the essence of the obligation.
Article 278. The requirement of an even fulfillment of an obligation
The obligations which are calculated for a long term of performance, must be fulfilled evenly within reasonable for such types of obligations periods (a day, ten days, a week, a month, a quarter, etc.), unless it is otherwise provided in legislation, or the conditions of the obligation, or follows from the essence of the obligation, or the traditions of business practice.
Article 279. Prior fulfillment of an obligation
1. A debtor shall have the right to fulfill an obligation prior to the deadline, unless it is otherwise provided in legislation or the conditions of the obligation or follows from its essence.
2. The prior fulfillment of obligations related to entrepreneurial activities shall be allowed only in the cases where the possibility of the fulfillment of the obligation prior to the deadline is provided in the legislation or conditions of the obligation or follows from the tradition of business turnover or the essence of the obligation.
Article 280. Information on the course of fulfillment of an obligation
The legislation or conditions of an obligation may provide the duty of the debtor to report upon the course of fulfillment of an obligation.
Article 281. The place of the fulfillment of an obligation
If the place of the fulfillment is not determined by the legislation or the conditions of the obligation and it does not clearly follow from the essence of the obligation or traditions of business practice, the fulfillment must be carried out as follows:
1) under the obligation to transfer- immovable property, - in the place of the location of the property;
2) under the obligation to transfer goods or any other properties with the use of transport, - in the place of the transfer of the assets to the first carrier for its delivery to the creditor;
3) under any other obligations of an entrepreneur to goods or any other assets, - in the place of the- manufacture or storage of the assets, provided that lace is known to the creditor at the moment of the emergence of the obligation;
4) under a pecuniary obligation, - in the place of residence of the creditor at the moment of the emergence of the obligation, and where the creditor is a legal entity, - in the place of its location at the moment of the emergence of the obligation, where the creditor by the time of the fulfillment of the obligation changed the place of his residence or the place of its location and notified the debtor thereof, - at the principal place of residence or location of the creditor with referring to his expense of all the costs with the change, of the place of the fulfillment;
5) under any other obligation, - in the place of residence of the debtor, and if the debtor is a legal entity at the place of its location.
Article 282. Pecuniary obligations
1. Pecuniary obligations in the territory of the Republic of Kazakstan must be expressed in the tenge (Article 127 of the present Code).
The use of foreign currency, and also of payment documents in foreign currency when carrying out payments on obligations in the territory of the Republic of Kazakstan, shall be allowed in the cases and under the conditions provided by the legislative acts of the Republic of Kazakstan or in accordance with the procedure established thereby. In a pecuniary obligation there may be provided that it shall be subject to payment in the tenge in the amount which is equivalent to a certain amount in a foreign currency. In that case, the tenge amount which is subject to payment shall be determined in accordance with the exchange rate of the Kazakstan Interbank Currency Exchange which is established for the relevant foreign currency on the date of the payment and in the place of the payment or in the place nearest to it, unless any other rate or any other dates of its determination are established by the legislation or the agreement of the parties.
2. The amount of a payment made which is insufficient for the fulfillment of a pecuniary obligation, unless it is otherwise agreed by the parties, shall first of all repay the costs of the creditor in respect of the receipt of the fulfillment and then, - the interest, and the remaining part in respect of the principal amount of debt.
