THE PROPERTY RIGHT, LEGAL ENTITY AND A CONTRACTUAL OBLIGATION AS THE MAIN INSTITUTIONS OF CIVIL LAW: TWENTY-FIVE YEARS OF DEVELOPMENT

Abstract

The present article is devoted to the complex analysis of the civil legislation namely legal regulation of his separate institutes such as property right, legal entities and contractual obligations.

In 2016 the research of questions was conducted by the Director of scientific research institute of private law of the Caspian University, the Academician of National academy of Sciences of the Republic of Kazakhstan, the Doctor of juridical sciences, Professor Suleymenov M. K. The invaluable contribution to a research of the institutes analyzed in article was made by such scientists as Yu. G. Basin, B. V. Pokrovsky, A. I. Khudyakov, S.Z. Zimanov, K. Safinov, Karagusov F. S.

The research objective consists in determination of essence of the property right, development of recommendations about improvement of the corporate relations and also in detection of need of introduction of elements of the English right in the current legislation of the Republic of Kazakhstan. The methodological basis of scientific research is formed by general scientific methods of knowledge of the public phenomena and processes.

In this article an attempt to open the main problems of the considered institutes is made:

- differentiation of the state and private property;

- ratio of the property right and other property rights;

- legislative fixing of regulations on the corporate relations;

- improvement of the legislation by means of implementation of the English right.

The author on the basis of the analysis of problems has offered concrete recommendations.

The practical importance of a research is defined by the fact that the conclusions and offers formulated by the scientist can be applied in legislative activities for improvement of the civil legislation.

Besides, the practical importance of the studied questions is caused by need of improvement of legal regulation of the market relations for modern conditions and implementation "The plan of the nation – 100 concrete steps on realization of five institutional reforms of the Head of state N. A. Nazarbayev".