The General Part of the Civil Code of Kazakhstan sets out the basic rules of civil transactions: the legal capacity of citizens and organizations, objects of rights, transactions, representation, time limits, ownership and the general provisions on obligations. The Code was adopted on 27 December 1994 as No. 268-XIII and is amended regularly.
- What the General Part regulates
- Citizens and legal entities
- Transactions and the form of a contract
- Representation and power of attorney
- Time limits and the limitation period
- Ownership
Official text: Civil Code of the Republic of Kazakhstan (General Part).
What the General Part regulates
- subjects of civil rights: individuals and legal entities, the state and administrative-territorial units;
- objects of rights: things, money, securities, works, services, results of intellectual activity and other benefits;
- transactions and contractual acts: form, validity, consequences of violations;
- representation and power of attorney;
- time limits and the limitation period;
- ownership and other property rights;
- general rules on obligations: performance, security and liability.
Citizens and legal entities
The Code defines the legal capacity and active legal capacity of citizens, the rules of business activity and the grounds for recognizing a person as legally incapable or of limited capacity. For organizations it sets out the procedure for establishment, reorganization and liquidation, the competence of bodies and liability.
When concluding a contract, it is important to check whether the legal entity exists, who is entitled to sign documents and whether the representative's authority is restricted. An error in the details or a lack of authority may lead to a dispute over the validity of the transaction.
Transactions and the form of a contract
A transaction must comply with the law, express the genuine will of the parties and be made in the required form. For certain actions, written form, notarization or state registration is required. An electronic document may have legal effect if the established requirements are met.
Before signing a contract, check the subject matter, price, deadlines, liability and the procedure for changing the terms. Unclear wording increases the risk of different interpretations and of a court dispute.
Representation and power of attorney
A representative acts on behalf of another person within the limits of their authority. A power of attorney must make it possible to identify the representative, the principal, the scope of authority and the term. For some actions a special form of certification applies.
It is useful for the counterparty to obtain a copy of the document and check that the right to sign the specific contract has indeed been granted. An employee's job title does not always confirm all powers in itself.
Time limits and the limitation period
The Civil Code sets out the rules for calculating time limits and the general provisions on the limitation period. Special time limits may apply to certain claims. Missing a deadline does not always automatically extinguish the right, but it can significantly complicate judicial protection.
After a violation, you should record the date, send a claim and keep proof of its delivery. Negotiations must not lead to an unnoticed lapse of a procedurally important period.
Ownership
The General Part regulates the acquisition, exercise and termination of ownership, common ownership and the protection of property rights. For real estate and other registrable objects, the data of state registers and the moment of registration matter.
General provisions on obligations
An obligation must be performed properly in accordance with the contract and the legislation. The Code regulates performance, the substitution of persons in an obligation, security, liability for breach and the termination of obligations.
In a contract, it is important to agree not only the main duty but also the place, deadline and method of performance, the acceptance procedure and the supporting documents. This reduces the risk of a dispute over whether the obligation was performed.
Link to insurance
The general rules on transactions, obligations, representation and liability also apply to insurance relationships, together with the special provisions of the Special Part, the insurance laws and the rules of the specific type of insurance.
Services in compulsory types of insurance are provided only by insurance companies holding the relevant licence. An intermediary does not become an insurer, and the general provisions of the Civil Code do not cancel the special requirements for a compulsory policy.
How to work with the Code
- Establish the facts and the legal relationship.
- Find the general rule in the General Part.
- Check the special provision in the Special Part and in the relevant law.
- Make sure that the version in force on the required date is used.
- Study the transitional provisions and the date an amendment enters into force.
- For a court dispute, check the normative resolutions and case practice.
Why the archive file cannot be treated as the law in force
The document on the site reflects the position as of 1 January 2012. It is useful for researching old legal relationships if the event occurred in that period. But a current transaction requires the 2026 version, and a historical dispute requires the version in force on the legally relevant date.
In brief
The Civil Code of Kazakhstan (General Part) is the basis of contractual and property relations. Use the archive file only as reference material, and check the current text in Adilet. In a complex dispute, you need to consider not a single article but the interplay of general and special provisions.
Download the archive version
Civil Code of Kazakhstan, General Part, version as of 01.01.2012: gk-rk-obshchaia-chast.doc [1.86 Mb] (downloads: 70)
The file is intended for historical reference. For current legal relationships, use the official Adilet version.