RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of November 13, 1992 No. 5

About procedure for consideration by courts of statements for recovery of the rights according to the lost documents to bearer (calling production)

Due to the questions arising in practice of consideration by courts of cases on recovery of the rights on the lost documents to bearer (calling production), the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. In Chapter 36 of the Code of civil procedure of the Republic of Uzbekistan it is determined that person which lost the important document to bearer issued by bank about contribution of money or about acceptance on storage of values or bonds of state loans and also in other cases provided by the law can ask court about recognition of the document invalid and about recovery of the rights according to the lost document.

Recovery of such rights extends as to cases of loss of the documents issued by banks to bearer and to cases when documents lost solvency signs as a result of their inadequate storage or for other reasons (on the savings book or on check sheet record of account number did not remain, record of remaining balance of contribution, etc. not completely remained).

The question of loss of signs of solvency of the savings book, check sheet to it or the safe certificate in acceptance on storage of bonds of state loan or the values issued to bearer is allowed previously by savings bank. In case of refusal savings bank to make transactions according to the document issued to them to bearer in connection with loss of signs of solvency recovery of the rights on it the document is made judicially.

In the same procedure are subject to consideration of the application about recovery of the rights according to the documents specified in this Item to bearer issued by other banks operating in the territory of the Republic of Uzbekistan.

2. Cases on requirements about recovery of the rights on the lost documents to bearer are considered according to the procedure of special proceeding by court in the location of the organization which issued the document to bearer (further - organization).

The statement for recovery of the rights according to the lost documents to bearer, in addition to the general requirements imposed by Article 189 GPK shall contain the data specified in part three of Article of 331 GPK. The statement which is not meeting requirements imposed to it by the law is subject to return based on part one item 4 of Article 195 GPK.

The statement is subject to payment by the state fee in the amount of one minimum wage and postage expenses.

3. After adoption of the statement to production, the judge according to the procedure of preparation of case for legal proceedings shall take out determination about production at the expense of the applicant of the publication in mass media, and also about prohibition to the organization which issued the document, to make on it payments or issues. The copy of determination of court without delay goes to the organization which issued the document.

In case of violation of requirements of court about prohibition to the organizations obliged to make these organizations bear payments or issues in the face of, the owner of the lost document recognized by court, property responsibility in complete size is inadequate the paid payments by rules of the Art. of the Art. 985, of 989 groups of companies.

4. In judicial session the explanation of the representative of the organization which issued the document can be heard. Its attraction to participation in case is obligatory if the applicant cannot specify account number of the lost document.

5. It is necessary to understand as distinctive signs of the lost document the account number, number of check sheet (coupon), date of contributing, activity date on contribution, the deposit amount or its remaining balance, number of bonds, their date of delivery on storage, the description and characteristics of the checked values mean.

6. Draw the attention of courts that the publication about the lost document shall contain in the local newspaper without any exceptions all details, stipulated in Article 333 GPK.

At the same time, the publication shall not contain announcements of recognition of the lost document invalid. According to Article 338 GPK recognition of the lost document invalid is made by the judgment after substantive prosecution.

7. If after the publication the holder of the document brings it into court, declaring that he does not apply for it, the court takes out determination about the termination of calling production, cancellation of the prohibitions on performing payments and issues established by court according to the document and return to the applicant of the document submitted by the holder.

In case of the statement the holder of the document in the time of the rights to the document established by the law, the statement 122 GPK are subject to leaving without consideration according to Item 7 of Article and its right to presentation of the claim in accordance with general practice is explained to person who declared loss of the document. At the same time cancellation of the measures taken according to Article 332 GPK, is made according to the procedure of Article 336 GPK.

8. Excluded

9. The court shall mean that not receipt from the holder of the document of the statement in three-months time in itself is not the proof that the lost document really belongs to the applicant. Therefore the court shall check carefully proofs which can confirm the applicant's right to this document.

10. Recovery of the rights according to the lost documents is made by court if the savings book or check sheet to it or both of these documents is lost. The document which remained at the applicant is filed, in the judgment shall be specified about its cancellation.

11. If in case of permission of case according to the procedure of Article 338 GPK become known that the contribution or values are issued by the obliged organization before receipt of determination by it about imposing of prohibitive measures by court, or the distinctive signs of the lost document specified by the applicant are insufficient for conclusion about accessory of contribution or values to the applicant, the court refuses recognition of the document invalid and in assignment of obligation on the relevant organization to issue to the applicant contribution or the new document instead of lost.

12. In case of presentation of the claim for unjust enrichment (Article 339 GPK) the holder of the document shall prove that he is fair and legal owner of security, and also availability of enrichment and its size. Person who received by a court decision the new document instead of lost bears financial responsibility before the legal holder in the amount of superficial acquisition or saving of property.

The claim for unjust enrichment can be declared within aggregate term of limitation period which is estimated from the resolution validity date.

The holder who timely did not declare the rights to the document having no right to claim the damages connected with recognition of the document invalid.

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