NO ROOM FOR ERROR: PERSPECTIVES OF RESOLVING ISSUES OF THE TRANSFER OF RIGHTS TO REAL ESTATE IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Authors

  • Kamal Sabirov

DOI:

https://doi.org/10.52026/1994-408X_2020_63_5_97

Keywords:

civil law, land law, real estate, state registration, registration of rights

Abstract

In recent years the scientific community has intensified the discussion about the need to make targeted changes to the civil legislation of the Republic of Kazakhstan in order to modernize it and eliminate legislative gaps. Currently, the Ministry of Justice, together with the scientific community, is working to develop the Concept of Legal Policy of the Republic of Kazakhstan for 2020-2030. As part of this work, it is worth paying attention to the issues associated with the transfer of rights to real estate in the legislation of the Republic of Kazakhstan. First of all, we are talking about the further development of the institution of registration of rights to real estate, as an institution guaranteeing the right of ownership of immovable property for a person who has passed the state registration procedure.

The article examines the existing problems of regulation of this institution, in the context of a large number of disputes between the title owners of property and bona fide purchasers. The problem is that in Kazakhstan, title and identification documents for a land plot are separately distinguished. It is the identification document that is subject to registration in the land registry. In most OECD and EU countries, the basis for the emergence of ownership of real estate is the fact of its registration. In the Republic of Kazakhstan, the basis of ownership is a document that confirms the title ownership (transaction, purchase and sale agreement, etc.).

In the absence of a guarantee of the rights of bona fide purchasers relying on entries in the state register, not only the interests of the bona fide acquirers themselves suffer, but also the stability of the entire civil turnover. In this regard, the article analyzes the existing problems in this area, provides possible recommendations for overcoming them. As a conclusion, the author proposes to introduce into civil legislation the concept of the presumption of good faith of the acquirer relying on an entry in the state register, as well as to provide for the possibility of compensation for the violated rights of the parties (title owner or bona fide acquirer) if the violation of rights was the result of an error of the registering authority.

 

Published

30.12.2020

How to Cite

Sabirov . К. К. . (2020). NO ROOM FOR ERROR: PERSPECTIVES OF RESOLVING ISSUES OF THE TRANSFER OF RIGHTS TO REAL ESTATE IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 5(63). https://doi.org/10.52026/1994-408X_2020_63_5_97