Article 159. The reasons for invalidity of transactions
1. An invalid transaction committed without obtain the necessary license or after the expire of the term of or of a license.
2. An invalid transaction which pursues the purposes of unfair competition or which violates the requirements of business ethics.
3. An invalid transaction is the one which is committed by the person that did not reach fourteen years of age except for transactions provided in the article 22 of the present Code.
4. A transaction which is committed by a junior which reached for-teen years without a consent of his parents (adopters) or sponsors except for transactions which he in accordance with the law has the right to commit independently may be recognized by the court as invalid upon the action of the parents (adopters) or the guardian.
5. A transaction shall be invalid which is committed by a person which is recognized as incompetent as a result of a mental disease or mental weakness a transaction which is committed by a citizen who; afterwards recognized as incompetent article 26 may be recognized by the court as invalid upon the action of its guardian if it is proved that at the moment of the commitment of transaction that citizen was in the condition of the psychic disorder.
6. Upon the requirement of the sponsor the court may recognize a transaction as invalid which is committed by the person whose deed capacity was restricted by the court.
7. A transaction which is committed by a citizen who although capable but was at the moment of this commitment in a state where in he could not realize the significance of his actions or guide them may b recognized by the court as invalid in accordance with the action of that citizen but if when alive the citizen did not have no opportunity to present on action after the death of a citizen upon the action of other interested persons.
8. A transaction which is committed as a result of misleading which has significant importance may be recognized by the court as invalid upon an action by the party which acted under the influence of misleading. The significant importance has the misleading in respect of the nature of a transaction its identity or any other qualities of its subject which significantly reduce the possibility of its use for the intention. Misleading in motives may be grounds may serve as a ground for invalidity of a transaction only when such motive is included in its contents as a delaying or annulling condition article 150. If misleading is a result of prose. carelessness of the participant of the transaction or is covered by his entrepreneurial risk the court taking into account the specific circumstances and the interest of the other participant of the transaction shall have the right to refuse the action to recognize the transaction as invalid.
9. A transaction which is committed under the influence of a fraud, violence, threat malicious agreement of the representative of one party with the other party and also the transaction which the person was compelled to commit as a result of the combination of difficult circumstances on the extremely unprofitable for himself conditions which was used by the other party (share agreement) may be recognized in the court as invalid upon the action of the victim.
10. A transaction which is concluded as a result of a mischievous agreement of the representative of one party with the other party may be recognized in the court as invalid upon the action of the victim party. The compensation of lasses which are inflicted upon the victim party (paragraph 4 article 9) in a subsidiary procedure may be imposed on the unfair representative.
11. A transaction which is committed by illegal entity in contradiction with the purposes-of its activities which are definitely restricted in its foundation documents or by legal entity which does not have a license engaged in a certain activity (paragraph 1 of article 45) or with the violation of the charter authority of the body of illegal entity which concluded the transaction may be recognized by the court as invalid upon the action of that legal entity its founder participant or the state body which exercises the supervision or monitoring their activities of illegal entity if it is proved that the other party in the transaction knew or deliberately must know about such violation.
12. Transaction which are provided in paragraph 3 and 5 of this article upon the demand of the parents adopters or guardians of infants or incompetent persons by the decisions of the court may be recognized as invalid if they are committed for the benefit of the indicated persons.
Article 160. Fictitious or pretended transactions or faked transactions
1. Fictitious transactions shall be invalid which are committed only for the appearances without intentions to cause any legal consequences.
2. If one transaction is committed only for the purpose of hiding away any other transactions in (faked) then the rules shall be applied which are applicable to the transaction which the purposes actually intended.
Article 161. Consequences of invalidity of parts of a transaction
Consequences of invalidity of the part of the transaction shall not result in invalidity of its other part if it is possible to presume that the transaction would be committed without the inclusion if the invalid part thereof.
Article 162. The statute of limitations in respect of invalid transactions
1. The statute of limitations in respect of the disputes associated with the invalidity of a transaction on a ground provided in Article 159 (except for paragraph 9) shall constitute ten years.
2. The statute of limitations in respect of the disputes associated with the invalidity of a transaction on the ground provided in paragraph 9, of article 59 shall constitute one year from the date of the cessation of the violence or threat under which the transaction was committed or from the date when the plaintiff learned or was to,. learn about other circumstances which are the basis for the recognition of the transaction as invalid.
Chapter 5. Representation and the Power of Attorney
Article 163. Representation
1. A transaction which is committed by one person (representative) on behalf of any other person (represented) by virtue of the authority based on the power of attorney law, resolution of the court or any administrative acts shall directly create amend or terminate the civil rights and obligations of the represented. The authority may also be clear from the circumstances situation in which the representative is acting (salesman in retail trade, cashier, etc.).
2. The right of obligation shall arise directly with the represented in accordance with the transaction committed by the representative.
3. A representative may not commit transactions on behalf of the represented neither in respect of himself personally nor in respect of any other person whose representative he is at the same time.
4. The person who act although in somebody else's interest but in their own name (commercial intermediaries, tender administrators in bankruptcy, executors of with and inheritance etc.) shall not be representatives of the persons and also the persons which are authorized for entering into negotiations in respect of transactions which are possible in the future. Pieces of art and the parts thereof which are protected in accordance with the copyright: surnames, names, pseudonyms.
5. It shall not be prohibited to commit through a representative the transactions which by their nature must be committed only in person and also any other transactions in the cases which are provided in the legislative acts.
Article 164. Representation of incompetent persons
In the name of the incompetent persons the transactions shall be committed by their legal representative, the parents (adopters) and guardians.
Article 165. Representation without authority
A transaction which is committed on behalf of any other person by the person which is not authorized to commit the transaction or with the exceeding the powers exceeding the authority shall create amend or terminate the civil right and obligations for the represented or only in the case of subsequent approval by him of that transaction. The following approval by the represented shall make the transaction valid from the moment of its commitment.
Article 166. Commercial representation
1. The person who permanently and independently represents entrepreneurs then conclude act on the basis of a written agreement -which contains the indications in respect of the authority of the representative and in the case when such indications do not exist also by power attorney.
2. A commercial representative may at the same time represent the interests of various parties of an agreement which is concluded with his participation. In that respect he shall be obliged to execute the instructions given to him with the care of a usual entrepreneur. A commercial representative shall have the right to demand the payment of the remuneration caused and expenses incurred by him when executing the instructions of the party of the agreement in equal shares unless otherwise is provided in the agreement between them.
3. The commercial representative shall be obliged to keep in secret the information which became known to him concerning trade transactions and after executing the instructions given to him.
4. The special considerations of a commercial representation in various spheres of entrepreneurial activity shall be established in the legislation.
Article 167. Power of attorney
1. A written authorization of one person (the trustor) for the representation on his behalf which is issued to another person (trustee) shall be recognized as power of attorney. The power of attorney for managing assets and to commit transaction which require notarization must be notarized unless otherwise is provided in the legislative acts.
2. The following shall be equated to notarized power of attorney. Powers of attorney of the military servicemen and any other persons who are in medical treatment at hospital, sanitarium or any other military and medical institutions which are certified by the chiefs deputy and deputies for-medical parts, senior and physicians on duties of those hospitals, sanitarium and any other military medical institutions. Powers of attorney of the military servicemen and at the points of dislocation of military units, institutions and military organizations where there is no state notary officers nor any other bodies which commit notary actions also the powers of attorney of workers and employs members of their families and family members of the military servicemen who which are certified by the commanders chief, of those units, institutions and organizations powers of attorney of the persons who are in places of deprivation of freedom certified by the heads of the places of deprivation of freedom powers of attorney of full age capable citizens who are in the institutions of the social protection of the population certified by heads of that institution or the appropriate body of the social protection of population.
3. Power of attorney to receive correspondence including money and parcels to obtain wages and any other payments of citizens and legal entities may be certified by the bodies of the local administration of the territory in which the trustor resides organization in which he works or studies housing maintenance organization and the place of residence administration of the stationary medical institutions which he is being medically treated and also by the commanders of the relevant military units when the power of attorney is issued to the military serviceman. The power of attorney which is sent by telegraph and by any other types of communications when the dispatch of the document is carried out by the employ of the communication shall be certified by the bodies of communication.
4. The third person shall have the right to consider as authentic the power of attorney which is issued for the commitment of their actions which is sent by the trustor to the trustee through facsimile and any other communications without intermediary without use of official bodies of communication.
5. The power of attorney on behalf of a legal entity shall be issued with the signature of its manager or any other person who is authorized thereof by the foundation documents and each shall be attested by the sea of that organization.
6. A power of attorney on behalf of the state body commercial or non-profit organization to receive or pay the money or any other material assets financial assets may be signed also by the chief (senior) accountant of that organization.
7. The procedure for issuing and the pro forma of the power attorney to commit transactions in a bank and power of attorney for committing transactions in the area of trade may be determined by the special rules.
Article 168. The term of a power of attorney
A power attorney may be issued for a term of not more than three years if a longer term is indicated therein it shall be effective within three years and if the term of effect is not indicated therein then it well be effective within one year from the date of the issue.
A power of attorney shall be invalid if it does not have the date of the issue.
Article 169. Reassignment
1. A trustee must personally commit actions for which he is authorized. He may reassign the commitment to any other person only in the case where he is authorized therefor by the power of attorney received or is compelled to do this by virtue of the circumstances for the protection of the interest of the trustor.
2. A power of attorney in which the trustee conveys the powers to any other person must be notarized except for the cases provided in paragraph 3 of article 69.
3. The term of effect of the power of a attorney which is issued for reassignment may not exceed the term of effect of the regional power of attorney on the basis thereof which was issued.
4. The trustee who reassigned the powers to any other person must immediately notify of the trustor and to communicate to him the necessary information concerning that person and his place of residence. The failure to comply with this obligation shall' impose on the entrusted person the responsibility for the actions the person to whom he reassigned the powers as for his own.
Article 170. Termination of a power of attorney
The effect of a power- of attorney shall cease as a result of the following:
1) Expiration of the term of the power of attorney.
2) Annulment of the power of attorney with the person that issued it.
3) The refusal of the person to whom the power of a legal entity thereof the power of attorney was issued.
5) The termination of a legal entity in the name on whose behalf the attorney was issued.
6) The demise of the person who issued him as incompetent, limited capability or obscurely absent.
7) Demise of the citizen to whom the power of attorney was issued the recognition of himself as incompetent. limited capability or restricted capable or absent in obscurity.
2. The person who issued the power of attorney may at any time: the power of attorney or reassignment and the person to ,whom the power of attorney is issued to refuse from it. The agreement to wave this right shall be invalid.
Article 171. The consequences of terminating a power of attorney
1. Above the termination of the power of attorney article 170 the trustor shall be obliged to notify the pet-son to whom the power of attorney is issued and also any third parties for the representation to whom the power of attorney was issued. The same obligation shall rest with the legal successor of a person who issued the par of attorney in the cases of its termination on the grounds indicated in paragraph 4 and 6 of article 170 of the present Code.
2. Arising obligations which arise as a result the actions of a person to whom the power of attorney is issued prior to the time when this person learned or had to learn of its termination shall retain force for the one who issued the power of attorney and he is legal successor in respect of third party. This rule shall not apply with the third party knew or must have known that the action of the effect of the power of attorney was terminated.
3. When terminating a power of attorney the person to whom it is issued or he is legal successor must immediately return power of attorney.
4. Upon the termination of a power of attorney the conveyance of the powers in respect of that power of attorney to the other person reassignment) shall lose force.
Chapter 6. Calculation of Terms
Article 172. Determining terms
The terms is established by the legislation, transaction or is appointed by the court determined by a calendar date or indication of the event which must inevitably take place.
The 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 established by the period of time
The course of a term which is determined by the period of time shall begin on the next day from the calendar date or the arrival of the event which determines its beginning.
Article 174. Termination of a period of a term or expiration of a periodic term
1. The term which is calculated which is measured by years shall expire within the relevant month, and date of the last year of the term. In respects of the term measure which is calculated as half year shall be applied the rules for the terms which are measured with month.
2. In respect of that term measured by quarters of the year the rule shall be applied of the terms (calculated) measured with months. In that respect a quarter shall be deemed to be equal to three months and the count of the quarters shall begin from the beginning of the year.
3. The term which is calculated which is measured by the last month of the term. The term which is determined as half-month shall be considered in the term measured with days and it shall be recognized as equal to fifteen days. If the expire of the term measured with month falls on such month is which that date is absent then the term shall expire on the last day of that month.
4. The term which is measured with weeks shall expire on the relevant day of the last week of the term.
Article 175. Expiration of a term on a non-working day
If the last day of the term falls on a day off then the day of expiration of a term shall be the nearest following working day.
Article 176. The procedure for committing any actions on the last day of a term
1. If a term is established for committing any actions it may be committed before the midnight (twenty four o'clock) of the last day of the term. However, if that action must be committed in an organization then the term shall expire at the hour when in accordance with the established rules that organization cease 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. The Statute of Limitations
Article 177. The concept of the statute of limitations
The statute of limitations is the period of time during which the action play may be satisfied which arises from the violation of the rights of a person or the interest protected by law. The statute of limitation and the procedure for their calculation shall be provided in the law and may not be changed by the agreement of the parties.
Article 178. Terms of statutes limitations
The general term of the statute of limitations shall be established at three years for certain types of claims the legislative acts may establish special purpose terms of the statute of limitations which are shorter or longer as compared with the general term. The rules of articles 177, 179 to 186 of the present Code shall apply also to the special purpose terms of the statute of limitations unless the law provides otherwise.
Article 179. The application of the statute of limitation
1. Requirements to protect a violated right shall be excepted for the consideration by the court irrespective of the expiration of the term of the statute of limitation.
2. The statute of limitation shall be applied for the court only upon the application by the party in a dispute which is made prior to the adoption of the decision by the court. The expiration of the term of the statute of limitation prior to the presentation prior to the presentation of the action shall be the basis for the passing by the court of the refusal to file the action. Upon the expiration of the term of the statute of limitation oil the main claim the term of the statute of limitation shall expire in respects of the additional claims concerning the imposition of forfeit or the responsibility of the trustor and etc.
Article 180. The course of the term of the statute of limitation
1. The course of the term of the statute of limitation shall begin on the day when the person learned or must have learned of the violation of the right or the interest protected by law. Exceptions from these rules shall be established by this court and any other legislative acts.
2. (Upon the obligations) In accordance with the obligations with the definite term of execution the course of a statute of limitation shall begin upon the expiration of the term of the execution. In accordance with the obligations the term of the execution whereof is not determined or determined by the moment of the claim or demand the course of the statute of limitation shall begin from the moment when creditor begets the right to present the requirement concerning the execution of the obligation and where their debtor is given a privileged term for the execution of such claim the calculation of this statute of limitation shall begin on the expiration of the indicated term (paragraph 2 article 177).
3. In respect of regress obligations the course of the statute of limitation shall begin from the moment of execution of the main obligation.
Article 181. The term of the statute of limitation in the replacement of persons in an obligation
The replacement of persons in an obligation shall not result in any changes in respect of the statute of limitations and the procedure of its calculation.
Article 182. Suspension of the course of the term of the statute of limitations
The course of the term of the statute of limitation shall be suspended as follows:
1. Where the presentation of the action is impeded by an extraordinary or inevitable under those circumstance event (force-majeure).
2. By virtue of the announcement by the President of the Republic of Kazakstan of the delay of the postponement of the execution of the obligation of that type (moratorium).
3. Where the plaintiff and the defendant are among military units which are under the marshal law.
4. Where an incompetent person does not have any legal representative.
5. By virtue o suspending the effect of the law which regulates the relevant relations. In respects of the actions concerning the compensation of damage which is caused to life or health of the citizen the course of the term of tile statute of limitation shall be suspended also in a relation to the application by the citizen to the relevant body to appoint a pension or a benefit prior to the appointment of the pension or benefit or the refusal to appoint those.
6. The course of the term of statute of limitation shall be suspended on the circumstances indicated in this Article have or continuity exists during the last 6 months of the statute of limitations of such term does not exist 6 months during the course of the term of the statute of limitations.
7. The course of the statute of limitation shall continue from the date of the cessation of obligation which entailed the suspension of the statute of limitation. In that respect the remain part of the term of the statute of limitation shall be extended up to 6 months and where the term of the statute of limitation does not 6 months up to the statute of limitations.
Article 183. A break in the course of the term of statute of limitation
The course of the term of the statute of limitations may be interrupted by the presentation of the action in accordance with the established procedure and also by the commitment by the obligated person of the actions which witness the recognition of the debt or any other obligation. After the interruption in the course of the term of the statute of limitation shall begin a new the term which expired prior to the interruption shall not be included into the new term.
Article 184. The course of the term of the statute of limitations in the case of neglecting the action
If the action 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. Where the court left without consideration the action which is presented in a criminal case them the course of the term of the statute of limitation which began prior to the presentation of the action shall be suspended until the verdict enter into legal force by which the action was left without consideration, the term 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 6 months it shall be extended to up to 6 months.
Article 185. The restitution of the term of the statute of limitations
1. In exceptional cases where the court recognizes as serious reason for tending the term of the statute of limitations in respect of the circumstances which are associated with the personality of the plaintiff (heavy decease, helpless condition, illiteracy, etc. etc.?? violating -rights of the citizens shall be the subject to protection. The reasons for committing the term of the statute of limitations may be recognized as serious where they look place during the last 6 months of the term the statute of limitations if where the term is equal to 6 months, or is less than 6 months during, the term of the statute of limitations.
2. The term of the statute of limitations shall be reestablished and it shall its cause again the cases where the in accordance with the legislative acts gets the rights to the new action in the same case in relations with the refusal to execute the court decision in that case.
Article 186. Execution of the obligations upon the expiration of the term of the statute of the limitations
A debtor or any other obligated person which executed an obligation upon expiration of the term of the statute of limitations shall not have the right to require the execution the executed of the execution the indicated person did not know of the expiration of the term of the statute of limitations.
Article 187. The requirement to which the statute of limitations shall not apply
The statute of limitation shall not apply to the following:
1. To the requirements concerning the protection of non-material benefits personal non-property right except to tile cases provided in the legislative acts.
2. Requirements of the investors to the bank concerning the repayment of investments.
3. Requirements concerning the compensation of damage caused to left and health of the citizens. However the requirements x-vi-itch are presented upon the expiration of the statute of limitations shall be satisfied for no longer than 3 years preceding the presentation of the action.
4. Requirements or claim-n of tile owners or any other legal owner of eliminating any violations of his right or though even where those violations are not associated with deprivation of ownership (Article 234-235,5) in cases which are established in the legislative acts, or any other claims.
Section 2. The Rights to Own and Other Material Rights
Chapter 8. the Right to Own, General Provisions
Article 188. Concept and content of the right to own
1. The right to own shall be recognized and protected by the legislative acts, the right of an entity of its discretion to possess, use and dispose of the assets which belong to him.
2. The owner shall hold the rights of possessing, using and disposing of his assets. (The rights to own shall) the right to possess shall represent legally founded capacity to exercise the actual possession of the assets. The right to use shall represent the legally insured possibility to extract from the assets its useful natural properties and also to extract benefits out of it. The benefit may be in the form of income gain increase and in any other forms. The right to disposal shall represent legally formed possibility to conduct an actual possession of the property.
3. The owner shall have the right at his discretion to commit in respect of the asset with belong to him any actions including the alienation of the assets to the ownership of any other persons transfer to them remaining the owner, his rights in respect of the ownership, use and disposal of assets, transfer the assets as pledge and to use it any other methods and dispose of it by any other way.
4. The exercise by the owner of his authorities should not violate the rights and legally interest of any other person of the state, the violation of the right and legitimate interests may be expressed aside from any other forms in the violation by the owner the abuse by the owner of his monopoly or any other dominant position. The owner must adopt measures which prevent damage to health of citizens the environment which may be conflicted in the exercise of his rights.
5. The right to own shall be for an indefinite term. The right to own assets may be compulsory terminated any on the ground which are provided in the present Code 6. In the cases on the conditions within the limit provided in the legislative acts the owner must admit the restricted use of his assets by any other persons.
Article 189. The burden of supporting the assets
1. The owner shall bear the burden of maintaining the assets which belong to him unless otherwise provide in legislative ac's or an agreement and it may not in an unilateral procedure transfer such a burden on two or third person.
2. Where the assets legally, held by third parties, the expenses incurred by them associated with the else's assets shall be subject to reimbursement by tile owner unless otherwise is provided in the agreement. The expenditure associated with the maintenance of the assets shall not be reimburse to the person who possess the thing unfaithfully and illegally (Article 263).
Article 190. The risk of occasional destruction or occasional damage to property
1. The risk of an occasional destruction or an occasional damage to alienated things shall be transferred to the acquirer simultaneously which the of his right to own unless otherwise is provided in the legislative acts or agreement.
2. Where the alienator guiltily delayed the transfer of things or the acquirer- guiltily delayed the adoption there of the risk of the occasional destruction or an occasional damage shall be borne by the delaying party.
Article 191. The concept and type of private property
1. Private property shall be recognized as the property of citizens and (or) non-state legal entities and their associations. The property of public and religious associations are recognized as a type of private property.
2. Any assets except for certain types of properties which in accordance with legislative acts may not belong to citizens or legal entities may be in private ownership. The amount, the composition 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 as the republic property and communal property.
2. The republics property shall consist of the republic is treasury and assets which is entrusted to the state own republics legal entity in accordance with the legislative acts. The resources of the republic is budget, the gold reserve and the diamond stock, the exclusive state property and any other state properties which is not entrusted to the state own legal entities shall constitute the state treasury of the Republic of Kazakstan.
3. A communal property shall consist of the local treasury and assets which are entrusted to the communal legal entities in accordance with the legislative acts. The resources of the local budget and any other communal properties which are not entrusted to the state own legal entities shall constitute the local treasury.
4. The assets which are in the state ownership may be entrusted to the state legal entities in accordance with the right of business authority or operation administration.
Article 193. The state ownership of land and any other natural resources
1. Land, its subsurface, water, flora and fauna and any other natural resources which shall be exclusively in the state republic's ownership.
2. The special considerations in the exercise of the right to all land and any other natural resources shall be determined by the present Code the land and any other legislation.
Article 194. The right of ownership and any other material rights in respect of residential premises
The special considerations in exercise of the right of ownership and any other material rights in respect of residential housing shall be regulated by the housing legislation.
Article 195. Other material rights
The following shall be referred to other material rights:
the right of business authority;
the right of operational administration;
the right to entrusted administration;
the right to use land, pledge;
any other material rights.
Chapter 9. The Right to Business Authority
Article 196. The right to business authority over a state enterprise
The State enterprise to which the assets belong under the rights of business authority shall possess, use and dispose of the assets within the limits which are established in accordance with the present Code and any other legislative acts.
Article 197. The item in the right to business authority
Any assets unless otherwise is provided in legislation may be them in the right to business authority.
Article 198. The acquisition and termination of the right to business authority
1. The right of business authority in respect of assets with regard whereof the owner adopted the decision to entrust it to an exiling state of enterprises shall arise with that enterprise of the moment of the transfer of the assets and affixing it to an independent sheet of enterprise unless otherwise is provided in legislative acts or decision of the owner.
2. The fruits products and wastes from the use of assets which are in business authority and also be assets which are acquired by the enterprise shall in accordance with agreements or an any other grounds be received into the business authority of the enterprise in accordance with the procedure established in the legislation for the acquisition of the right to own.
