CERTAIN COMMENTS ON ARTICLE 261 OF THE CIVIL CODE OF THE REPUBLIC OF KAZAKHSTAN «CLAIMING FROM A BONA FIDE PURCHASER»

Abstract

Article 261 of the Civil Code of the Republic of Kazakhstan (Civil Code of the Republic of Kazakhstan) regulates the issues of reclaiming property from a bona fide purchaser. In active civil turnover, one and the same person may be the owner in some legal relations and a bona fide purchaser in others. The guarantee of the stability of civil turnover is to ensure the balance of interests of the parties.

Modern civil legislation of the Republic of Kazakhstan is not limited to the vindication of only lost or stolen things. Article 261 of the Civil Code of the Republic of Kazakhstan contains an indication of the possibility of claiming by the owner of any thing that has left his possession against his will. However, issues may arise when interpreting the rule in the context of ensuring fair enforcement of the rights of both the title owner and the bona fide purchaser. Unfortunately, the civil legislation of the Republic of Kazakhstan is not always able to protect the rights of bona fide purchasers.

All this puts the participants in the civil turnover in an unequal position. Litigation between title owners and bona fide purchasers reveal the actual vulnerability of the latter. In this case, in the case of real estate, a bona fide acquirer is a party that has in good faith carried out all the procedures for state registration established by law. In the absence of citizens' confidence in the protection of their rights to the acquired property, the entire civil turnover is under the threat of instability.

Taking into account the above, the question of interpretation of the norms of the civil code, analysis of the practice of its application remains relevant.

The presented article attempts to provide a comprehensive and objective commentary on some problematic issues of applying the requirements of Article 261 of the Civil Code of the Republic of Kazakhstan in practice. The article is recommended for practicing lawyers, scientists and researchers of problematic issues of transfer of rights to property.