of July 22, 2020 No. 83
About modification of the Civil code of the Kyrgyz Republic
Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 11, 2020
Bring in part I of the Civil code of the Kyrgyz Republic (Sheets of Jogorku Kenesh of the Kyrgyz Republic, 1996, No. 6, the Art. 80) the following changes:
Article 215 to state 1) in the following edition:
"Article 215. Use of limitation period
1. The requirement about protection of the violated right is taken cognizance by court irrespective of the expiration of limitation period.
2. Limitation period is applied by court only according to the written application of persons participating in case, shown in court before pronouncement of the decision by court on case.
3. The expiration of limitation period which use it is declared by persons participating in case is the basis to pronouncement by court of the decision on refusal in the claim.
4. From the expiration of limitation period according to the main requirement the term of limitation period and according to additional requirements (penalty, pledge, the guarantee) expires.
5. In case of the omission of term of presentation to execution of the executive document according to the main requirement the term of limitation period according to additional requirements is considered expired.";
Article 216 to add 2) with Item 5 of the following content:
"5. Change of persons in the obligation does not attract change of term of limitation period and procedure for its calculation.";
The Code to add 3) with Article 219-1 of the following content:
"Article 219-1. Recovery of term of limitation period
The term of limitation period according to requirements of the citizens imposing requirements about protection of the violated rights in court can be recovered, and the violated right is subject to judicial protection in cases when the court recognizes valid the reason of the omission of term of limitation period in the presence of the circumstances obviously testimonial of impossibility of the timely appeal of citizens to court behind protection of the violated right owing to circumstances.
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