ANALYSIS OF THE PARTICULAR PROVISIONS OF THE CIVIL CODE OF THE REPUBLIC OF KAZAKHSTAN (GENERAL PART) IN FRAMEWORK OF THE LEGAL MONITORING
Keywords:
cooperative, representation;, representation, acquisitive prescription, property right, ways of performance of obligations, preliminary contractAbstract
In this article, the authors, within the framework of legal monitoring, examined individual norms of the general part of the Civil Code of the Republic of Kazakhstan. In the course of the analysis, the following conclusions were made.
First, legal monitoring has shown the need to eliminate the contradictions between Article 96 of the Civil Code and the Law on Agricultural Cooperatives.
Secondly, the analysis of the Civil Code and the practice of its application requires clarification of Article 163 "Representation", regarding the possibility by legal representatives to represent the interests of a minor in transactions where the legal representative is also a party to the transaction.
Thirdly, within the framework of the article, a large block on issues of ownership is reflected. In particular, the competition of the norms of the Civil Code has been revealed, which are devoted to the grounds for acquiring the property of its own; the discrepancy between the literal interpretation of Article 240 "Acquired prescription" and the practice of its application; the need to revise the content of Article 242 "Bekerye stuff", taking into account the provisions of the Law "On State Registration of Rights to Real Estate"; need to clarify the forms of non-ownership; the problem of the implementation of Article 252 "Termination of the ownership of a person who, by virtue of legislative acts, property can not belong."
Fourthly, according to the conducted research, the addition of article 290 "Certification of the performance of an obligation" is required by the rule providing an opportunity to certify the fulfillment of the obligation in electronic form.
Fifth, the results of the analysis show the presence of contradictions and gaps under Article 338-1 "General Provisions on Withholding," which requires clarification.
Sixth, no less important aspect of the analysis of the Civil Code were the provisions of the preliminary contract, such as a deposit, as well as property obligations in the preliminary contract.
