Topic.4 Basics of civil law of the Republic of Kazakhstan.

Purpose: to acquaint with the concept of the civil law as a brunch of law.

 

Plan:

1 The civil law: the concept, the subject and method of regulation.

2 The concept, the system and chief principles of the civil legislation of the Republic of Kazakhstan.

3. The concept of the natural persons and the general revision of the citizens' legal personality.

4. The concept and features of  the legal entity. The kinds and forms of the legal entities.

5 The concept and the content of the right of ownership

 

The civil law: the concept, the subject and method of regulation.

 

The civil law is the branch of law, representing system of norms, regulating commodity-money and others property, and also personal non-property relations both related and unrelated to property relations, based on the equality of the participants.

       The subject of any brunches of law is the special group of social (public) relations. The subject of the civil low is two groups of relations:

- property relations;

- personal non-property relations.

Unless otherwise stipulated by legislation, the civil legislation shall not be applied toward the property relations, based on the administrative or the other kind of authoritative subordination of one party to the other party, including toward the taxation and other financial or administrative relations.

Method of legal regulation – system of specific methods, means and acceptances by means of which the right influences social (public) relations in the normative order, establishing rules of behavior of their participants, giving them the rights and allocating with their obligations. In other words, the legal regulation method is a system of those means and methods with which help the state achieves the necessary behavior of participants of the given relations.

As to a civil-law method, it is characterized by a number of specific features:

* equality of the participants of civil - law relations;

* the autonomy of the will of the participants of civil - law relations;

* the property independence of the participants;

* property and compensatory character of civil-law responsibility in combination with the principle of full compensation of harm or losses.

 

The concept, the system and chief principles of the civil legislation of the Republic of Kazakhstan.

 

The system of the civil legislation provided by item 3 of GK РК, includes normative legal acts to the extent of the reduction of their legal force since Constitution РК possessing the highest legal force.

 The civil legislation shall be comprised of the Constitution of the Republic of Kazakhstan, Civil Code of the Republic of Kazakhstan and of the other laws (hereinafter referred to as the laws), adopted in conformity with it, which regulate the relations, indicated in Items 1 and 2 of Article 1 of the Civil Code of the Republic of Kazakhstan. These relations shall also be regulated by the Decrees of the President of the Republic of Kazakhstan, which shall not be in contradiction with the Civil Code of the Republic of Kazakhstan and with the other laws.

On the grounds and in execution of the Civil Code of the Republic of Kazakhstan and of the other laws, and of the Decrees of the President of the Republic of Kazakhstan, the Government of the Republic of Kazakhstan shall have the right to adopt decisions, containing the norms of the civil law.

The ministries and the other state executive power bodies may issue the acts, containing the norms of the civil law, in the cases and within the limits, stipulated by the Civil Code of the Republic of Kazakhstan, by the other laws and by the other legal acts. 

The international treaties of the Republic of Kazakhstan shall be directly applied toward the relations, indicated in Items 1 and 2 of Article 1 of the Civil Code of the Republic of Kazakhstan, with the exception of the cases, when it follows from the international treaty that for it to be applied, a special intra-state act shall be issued. If the rules, laid down in the international treaty of the Republic of Kazakhstan, differ from those stipulated by the civil legislation, the rules of the international treaty shall be applied.

The civil- law relations shall also be regulated by the customs business turnover. The custom of the business turnover shall be recognized as the rule of behavior, which has taken shape and is widely applied in a certain sphere of business activities, and which has not been stipulated by legislation, regardless of whether it has or has not been fixed in any one document. The customs of the business turnover, contradicting to the provisions of legislation or to the agreement, obligatory for the participant in the given relationship, shall not be applied. 

Chief principles of the civil legislation of the Republic of Kazakhstan.

The civil legislation shall be based on recognizing the equality of participants in the relationships regulated by it, the inviolability of property, the freedom of agreement, the inadmissibly of anybody's arbitrary interference into the private affairs, the necessity to freely exercise the civil rights, the guarantee of the reinstatement of the civil rights in case of their violation, and their protection in the court.

The citizens (natural persons) and the legal entities shall acquire and exercise their civil rights of their own free will and in their own interest. They shall be free to establish their rights and duties on the basis of an agreement and to define any terms of the agreement, which are not in contradiction with legislation.

The commodities, services and financial means shall move unhindered throughout the entire territory of the Republic of Kazakhstan. Restrictions on the movement of commodities and services shall be imposed in conformity with the republic law, if this is necessary to provide for security, and to protect the human life and health, the environment and the cultural benefits.