The Special Part of the Civil Code of Kazakhstan regulates specific types of contracts and obligations: sale and purchase, lease, contract work, services, carriage, loans, banking operations, insurance, intellectual property, inheritance and private international law. The Code was adopted on 1 July 1999 as No. 409 and is updated regularly.
- What relationships the Special Part regulates
- How the General and Special Parts are related
- Sale and purchase contract
- Lease and leasing
- Contract work and services
- Carriage and freight forwarding
Official text: Civil Code of the Republic of Kazakhstan (Special Part).
What relationships the Special Part regulates
- sale and purchase, exchange and gift;
- lease, leasing and use of property;
- contract work and paid provision of services;
- carriage, freight forwarding and storage;
- loans, bank deposits and bank accounts;
- insurance and reinsurance;
- agency, commission and trust management;
- obligations arising from causing harm and from unjust enrichment;
- intellectual property;
- inheritance law and private international law.
How the General and Special Parts are related
The General Part sets out universal rules on transactions, time limits, representation and obligations. The Special Part makes them specific for each individual contract. The special provision applies first, and on matters it does not resolve, the general provisions apply.
For example, an insurance contract is governed by a special chapter of the Special Part and by insurance legislation, but the general rules of civil law also apply to its form, interpretation and performance.
Sale and purchase contract
The seller must deliver the goods, and the buyer must accept and pay for them. In a dispute, the description of the subject matter, quality, completeness, price, delivery date and the moment the risk passes are important. When buying real estate and other registrable objects, additional requirements apply.
Lease and leasing
A lease gives property for temporary possession or use for a fee. The contract should agree the object, term, amount of payments, repairs, costs, liability and the return procedure. Leasing has a special structure involving the seller and the financing party.
Contract work and services
In contract work, the tangible result of the work and its acceptance are important. In the provision of services, the emphasis is on the contractor's actions. For both types of contract, it is useful to have the technical specification, stages, deadlines, price, and the procedure for signing acceptance certificates and remedying defects.
Carriage and freight forwarding
The Code regulates the obligations of the carrier, sender, consignee and freight forwarder. In a dispute, the transport documents, the condition of the cargo, delivery times, notifications and the special provisions of transport legislation are taken into account.
Loans and banking contracts
The Special Part contains rules on loans, bank deposits, bank accounts and other financial obligations. Before signing, it is important to check the amount, remuneration, schedule, fees, security, grounds for early demand and the procedure for changing the terms.
Insurance in the Civil Code
The Code defines the main elements of an insurance contract: insurable interest, event, sum insured, premium, the parties' rights and obligations, grounds for release from payment and the consequences of a change in risk. These provisions apply together with the Law of the Republic of Kazakhstan "On Insurance Activity" and the relevant specialized laws.
Services in compulsory types of insurance are provided only by insurance companies holding the relevant licence. The terms of a compulsory policy are determined by a special law, and a contract cannot arbitrarily worsen the position established for the policyholder or the injured party.
What to check in an insurance contract
- who is the policyholder, the insured and the beneficiary;
- which object and interest are protected;
- which events are recognized as insured events;
- the sum insured, limits and deductible;
- exclusions and obligations after the event;
- the notification period and the list of documents;
- the procedure for calculating the payment and resolving disputes.
Compensation for harm
Obligations arising from causing harm arise outside a contract or supplement contractual liability. A claim usually requires establishing the harm, unlawfulness, a causal link and other conditions provided by law. Special rules apply to sources of increased danger and to certain situations.
Inheritance
The Code regulates inheritance by will and by law, acceptance of an inheritance, order of priority, the compulsory share and liability for the debts of the deceased. The time and place the inheritance opens, the form of the will and proof of kinship are important.
How to use the Code in practice
- Classify the contract or event.
- Find the special chapter of the Special Part.
- Check the general provisions and the relevant law.
- Use the version in force on the required date.
- Check the mandatory rules that cannot be changed by contract.
- Compare the text of the contract with the evidence of performance.
Download the archive version
Civil Code of Kazakhstan, Special Part, version as of 01.01.2012: gk-rk-osobennaia-chast.doc [2.14 Mb] (downloads: 103)
The archive is intended for historical reference. For current legal relationships, use the official current text.
In brief
The Special Part of the Civil Code of Kazakhstan contains practical rules for most civil contracts and obligations. A correct analysis requires applying the General Part, the special chapter and sector legislation together. Do not use the 2012 archive as the version in force.