EXPLANATION OF THE PRINCIPLES OF FAIRNESS, INTELLIGENCE AND JUSTICE FOUND IN THE CIVIL CODE OF THE REPUBLIC OF KAZAKHSTAN

Authors

  • Ulbala Erzatovna Kudiyarova

DOI:

https://doi.org/10.52026/1994-408X_2020_63_5_106

Keywords:

customs, customary rights in the field of business, requirements of honesty, reasonableness and justice, citizens and legal entities, deal, contract

Abstract

This article provides a broad interpretation of some provisions of the Civil Code. It is well known that after the independence of our country, the Civil Code of the Republic of Kazakhstan came into force in two parts: the general part on March 1, 1995, and the special part on July 1, 1999. Since then, the Civil Code has been in force with some changes and additions. However, in accordance with modern, market economic requirements, it is normal and right to make new changes and proposals to the institutions of civil law. Broadly speaking, the provisions of the Civil Code require clarification of some concepts. The code itself requires that certain concepts be clarified in order to be accurate. This is due to the fact that in practice there are similar civil cases and, accordingly, several court decisions are different.At present, it is proposed to consider the concept of "honesty" as a principle of civil law. In it, the words "honesty", "reasonableness", "justice" are found not only in the Civil Code of the Republic of Kazakhstan, but also in other regulations.The author has studied the legal meaning of the words honesty, reasonableness, justice, starting from the exact etymological interpretation. And with examples, that is, the requirements of honesty and reasonableness, the participants in civil law must first know and take some legal action in addition to those requirements, that is, if one of the parties fails or fails to fulfill the obligation, the participants must state the requirement of justice in that agreement (e.g. the amount of the forfeit) or the parties do not agree and appeal to the court, respectively, indicating that the court must resolve the dispute depending on the specific situation.In addition, the author commented on the provisions on the requirements of "honesty", "reasonableness", "justice".

 

Published

30.12.2020

How to Cite

Kudiyarova Ұ. Е. . (2020). EXPLANATION OF THE PRINCIPLES OF FAIRNESS, INTELLIGENCE AND JUSTICE FOUND IN THE CIVIL CODE 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_106