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CIVIL CODE OF THE REPUBLIC OF TAJIKISTAN

of June 30, 1999

(as amended on 02-01-2020)

Part one

Section I
General provisions

Subsection I
Basic provisions

Chapter 1 Civil legislation

Article 1. The relations regulated by the civil legislation

1. The civil legislation determines legal status of participants of civil circulation, the basis of origin and procedure of the property right and other corporeal rights, the rights to results of intellectual activities, regulates contractual and other commitments, and also other property and related personal non-property relations based on equality, autonomy of will and property independence of their participants. The family, employment relationships, the relations on use of natural resources and environmental protection answering to the signs specified in paragraph one of this part are regulated by the civil legislation if in the laws on family, labor, land and other special legislation does not provide other.

2. Participants of the relations regulated by the civil legislation are citizens, the state, legal entities and administrative and territorial units. The rules established by the civil legislation are applied also to the relations with participation of foreign citizens, persons without citizenship and foreign legal entities if other is not provided by the law.

H. The civil legislation governs the relations between persons performing business activity or with their participation. The independent, performed on the risk activities directed to systematic profit earning from use of property, sales of goods, performance of works or rendering services by persons registered in this quality in the procedure established by the law are entrepreneurial.

4. To the property relations based on administrative or other imperious subordination of one party another civil legislations it is not applied if other is not stipulated by the legislation.

5. The relations connected with implementation and protection of inaliennable human rights and freedoms and other non-material benefits (the personal non-property relations which are not connected with property) it is regulated by the civil legislation as other does not follow from being of these relations.

Article 2. Acts of the civil legislation

1. The civil legislation, based on the Constitution of the Republic of Tajikistan, consists of of this Code, other laws and other acts of the legislation governing the relations specified in parts 1, of the 5th Article of 1 of this Code. The regulations of the civil legislation containing in other laws and other acts of the legislation shall correspond to this Code.

2. The ministries, departments and other state bodies can issue the acts governing the civil relations in cases and in the limits provided by this Code, other laws and other acts of the legislation.

Article 3. Main beginnings of the civil legislation

1. The civil legislation is based on the principles of security of property, freedom of the agreement, inadmissibility of any intervention someone in private affairs, need of free implementation of the civil laws, ensuring recovery of the violated civil laws, their judicial protection.

2. Citizens (physical persons) and legal entities acquire and perform the civil laws the will and in the interest. They are free in establishment of the rights and obligations on the basis of the agreement and in determination of any terms of the contract which are not contradicting the legislation.

3. The civil laws can be limited based on the law for the purpose of protection of morality, health, the rights and legitimate interests of other persons, safety of society and the state, protection surrounding circles.

Article 4. Operation of the civil legislation in time

1. Acts of the civil legislation have no retroactive force and are applied to the relations which arose after their introduction in action. Operation of the law extends to the relations which arose before its introduction in action only in cases when it is directly provided by the law.

2. On the relations which arose before enforcement of the act of the civil legislation it is applied to the rights and obligations which arose after its introduction in action, except for the relations of agreement parties, concluded before enforcement of the act of the civil legislation.

Article 5. Business customs

1. Business custom the rule of conduct which developed and widely applied in any field of business activity, not stipulated by the legislation irrespective of whether it is fixed in any document is recognized.

2. The business customs contradicting provisions of the legislation or agreement, obligatory for participants of the corresponding relation, are not applied.

Article 6. Application of the civil legislation by analogy

1. In cases when Articles of 1 of this Code of the relation provided by parts 1 and 5 are directly not settled by the legislation or the agreement of the parties and there is no business custom, applicable to them, to such relations as it does not contradict their being, the regulation of the civil legislation governing the similar relations (analogy of the law) is applied.

2. In case of impossibility of use in the specified cases of analogy of the law of the right and obligation of the Parties are determined proceeding from the general beginnings and sense of the civil legislation (analogy is right) and requirements of conscientiousness, rationality and justice.

3. Application by analogy of the regulations limiting the civil laws and establishing responsibility is not allowed.

Article 7. Civil legislation and rules of international law

1. The conventional principles and rule of international law and international legal acts recognized by Tajikistan are component of system of law of RT according to the Constitution of RT.

2. The international legal acts recognized by Tajikistan are applied to the relations specified in parts 1 and 5 of Article of 1 of this Code, directly except cases when follows from the international legal act recognized by Tajikistan that its application requires the publication of the interstate act.

If the international legal act recognized by Tajikistan establishes other rules, than those which are provided by the civil legislation are applied rules of the international legal act recognized by Tajikistan.

Chapter 2. Basis of emergence of the civil laws and obligations, implementation and protection of the civil laws

Article 8. Bases of emergence of the civil laws and obligations

1. The civil laws and obligations arise from the bases provided by the law and other legal acts and also from actions of citizens and legal entities which though are not provided by the law or such acts, but owing to the general beginnings and sense of the civil legislation generate the civil laws and obligations.

In connection therewith the civil laws and obligations arise:

a) from agreements and other transactions provided by the law and also from agreements and other transactions though which are not provided by the law, but not contradicting it;

b) from acts of public authorities, local authorities of the government and local government bodies which are provided by the law as the basis of emergence of the civil laws and obligations;

c) from the judgment which established the civil laws and obligations;

d) as a result of creation and property acquisition on the bases allowed by the law;

e) as a result of creation of works of science, literature, art, inventions and other results of intellectual activities;

e) owing to damnification to other person;

g) owing to unjust enrichment;

h) owing to other actions of citizens and legal entities;

i) owing to events with which the law or other legal act connects approach of civil consequences.

2. The rights to property which are subject to state registration arise from the moment of registration of this property or the appropriate rights to it if other is not established by the law.

Article 9. Implementation of the civil laws

1. Citizens and legal entities at discretion perform the civil laws belonging to them, including dispose of them.

2. The refusal of citizens and legal entities of implementation of the rights belonging to them does not attract the termination of these rights, except as specified, provided by the law.

Article 10. Limits of implementation of the civil laws

1. The actions of citizens and legal entities performed with intention to do harm to other person, and also abuse of the right in other forms in the cases provided by the law are not allowed.

2. Use of the civil laws for the purpose of competition restriction, and also abuse of the dominant position in the market is not allowed.

3. Implementation of the civil laws shall not violate the rights and interests of other persons of law protected by the law and to cause the actual environmental damage.

4. Citizens and legal entities shall when implementing of the rights belonging to them reasonably, fairly and honesty to observe the requirements containing in the legislation, ethical principles of society, and entrepreneurs also of the rule of business ethics. This obligation shall not be excluded or limited to the agreement.

Rationality, justice and conscientiousness of actions of participants of civil legal relationship is supposed.

5. In cases of non-compliance with requirements of this Article, the court can refuse to person protection of the right belonging to it.

Article 11. Protection of the civil laws

1. Protection of the violated or challenged civil laws is performed according to the jurisdiction of cases established by the procedural legislation, court, economic court or reference tribunal (further - court).

2. Protection of the civil laws is administratively performed only in the cases provided by the law. The decision made administratively can be appealed in court.

Article 12. Methods of protection of the civil laws

Protection of the civil laws is performed in the way:

- recognitions of the right;

- recoveries of the provision existing before the violation of the right and suppression of the actions violating the right or creating threat of its violation;

- recognitions of the challenged transaction invalid and applications of consequences of its invalidity, application of consequences of invalidity of the insignificant transaction;

- recognitions invalid act of state body or municipal authority;

- self-defenses of the right;

- coercions to fulfillment of duties in nature;

- indemnification;

- penalties;

- compensations of moral harm;

- terminations or changes of legal relationship;

- non-use by court of the act of the state body or municipal authority contradicting the law;

- the different ways provided by the law.

Article 13. Recognition invalid act of state body or municipal authority

The substandard act of public authority or local public authority, and in the cases provided by the law, also the regulation, the civil laws and interests of the citizen or legal entity protected by the law which are not corresponding to the law or other legal acts and violating, can be recognized as court invalid. In case of recognition of the act by court invalid the violated right is subject to recovery or protection in other ways, stipulated in Article the 12th of this Code.

Article 14. Self-defense of the civil laws

Self-defense of the civil laws is allowed. Methods of self-defense shall be proportional to violation and not go beyond the actions necessary for its suppression.

Article 15. Indemnification

1. Person whose right is violated can require full recovery of the losses caused to it if the law or the agreement do not provide indemnification in smaller size.

2. Losses are understood as expenses which person whose right is violated, made or will shall make for recovery of the violated right, loss or injury of its property (actual damage), and also the uncollected income which this person would receive in case of usual conditions of civil circulation if its right was not violated (lost profit).

If person which violated the right received thereof the income, person whose right is violated has the right to require compensation along with other losses of lost profit in the amount of not smaller, than such income.

Article 16. Indemnification, caused by public authorities, local authorities of the government and local government bodies

The losses caused to the citizen or the legal entity as a result of illegal actions (failure to act) of public authorities, local authorities of the government and local government bodies or officials of these bodies including the edition which is not corresponding to the law or other legal act of the act of state body or municipal authority are subject to compensation of RT or the RT relevant organ.

Subsection II.
Subjects of the civil laws

Chapter 3
Citizens of the Republic of Tajikistan and other physical persons

Article 17. Concept of the citizen (physical person)

Citizens (physical persons) are understood as citizens of the Republic of Tajikistan, citizens of other states, and also stateless persons. Provisions of this Code are applied to all citizens if other is not established by the law or the international legal acts recognized by Tajikistan.

Article 18. Legal capacity of the citizen

1. Capability have the civil laws and perform duties (civil legal capacity) is recognized equally for all citizens.

2. Legal capacity of the citizen arises at the time of its birth and stops death.

Article 19. Content of legal capacity of citizens

The citizen can have on the property right property, including foreign currency, both within the Republic of Tajikistan, and beyond its limits; inherit and bequeath property; to move freely on the territory of the republic and to choose the residence; to freely leave limits of the republic and to return to its territory; be engaged in any, not prohibited legal acts, activities; create legal entities independently or together with other citizens and legal entities; make any, not prohibited by legal acts, transactions and to participate in obligations; have intellectual property right to inventions, works of science, literature, art, other results of intellectual activities; require compensation of material and moral harm; have other property and personal rights.

Article 20. Name of the citizen

1. The citizen acquires and performs the rights and obligations under the name including surname and own name, and also middle name if other does not follow from the law or national custom. In case and according to the procedure, provided by the law, the citizen can use pseudonym (fictitious name).

2. The citizen has the right to change the name according to the procedure, established by the law. Change by the citizen of name is not the basis for the termination or change of its rights and obligations acquired under former name.

The citizen shall take necessary measures for the notification of the debtors and creditors on change of the name and bears risk of the consequences caused by absence in these persons of data on change of name.

The citizen who changed the name having the right to require introduction at own expense of corresponding changes in the documents processed to his former name.

3. The name received by the citizen in case of the birth, and also change of name are subject to registration according to the procedure, established for civil registration.

4. Acquisition of rights and obligations under name of other person is not allowed.

5. The harm done to the citizen as a result of unauthorized use of his name is subject to compensation according to this Code. In case of misstatement or use of name of the citizen methods or in shape which affect his honor, advantage or goodwill apply rules, stipulated in Article 174 of this Code.

Article 21. Residence of the citizen

1. The residence the place where the citizen constantly or mainly lives is recognized.

2. The residence of minors up to fourteen years, or the citizens who are under guardianship the residence of their legal representatives or guardians is recognized.

Article 22. Capacity to act of the citizen

1. The citizen's capability the actions to acquire and perform the civil laws, to create for itself civil obligations and to perform them (civil capacity to act) arises in full with occurrence of age of majority, that is on reaching eighteen-year age.

2. In case the law allows marriage before achievement of eighteen years, the citizen who did not reach eighteen-year age acquires capacity to act in full since marriage. The capacity to act acquired as a result of marriage remains in full and in case of annulment of marriage. In case of scrap recognition invalid the court can make the decision on loss by the minor spouse of full legal capacity since the moment determined by court.

Article 23. Inadmissibility of deprivation and restriction of legal capacity and capacity to act of the citizen

1. Nobody can be limited in legal capacity and capacity to act differently, as in cases and according to the procedure, established by the law.

2. Non-compliance with the conditions established by the law and procedure for legal incapacity of citizens or their right to be engaged in business or other activity attracts invalidity of the act of the state or other body setting the corresponding restrictions.

3. The complete or partial refusal of the citizen of legal capacity or capacity to act and other transactions directed to restriction of legal capacity or capacity to act are insignificant, except as specified, when such transactions are allowed by the law.

Article 24. Business activity of citizens

1. Citizens can be engaged in business activity without formation of legal entity from the moment of state registration as individual entrepreneurs.

2. Rules of this Code which regulate activities of legal entities, being the commercial organizations respectively are applied to the business activity of citizens performed without formation of legal entity if other does not follow from the legislation or being of legal relationship.

3. The citizens performing business activity as a part of Dehkan economy are exempted from state registration.

4. The citizens performing business activity without formation of legal entity with violation of part of 1 this Article having no right to refer concerning the bargains concluded by them to the fact that they are not entrepreneurs. The court can apply to such transactions of the rule of this Code about the obligations connected with implementation of business activity.

5. The order of registration and the taxation of the citizens who are engaged in business activity without formation of legal entity is regulated by the legislation of the Republic of Tajikistan.

Article 25. Property responsibility of citizens

1. The citizen answers for the obligations all property belonging to him, except for property on which according to legal acts collection cannot be turned.

2. The list of property of citizens on which collection cannot be turned is established by the Code of civil procedure of the Republic of Tajikistan.

Article 26. Insolvency (bankruptcy) of the individual entrepreneur

1. The individual entrepreneur who is not able to meet the requirements of creditors connected with implementation of business activity by him can be recognized as insolvent (bankrupt) by a court decision. From coming into force of such decision its registration as the individual entrepreneur voids.

2. When implementing the procedure of recognition by the bankrupt of the individual entrepreneur his creditors according to the obligations which are not connected with implementation by it of the business activity having also the right to impose the requirements. The requirements of the specified creditors which are not declared by them in such procedure are valid after completion of the procedure of bankruptcy of the individual entrepreneur.

3. The satisfaction of requirements of creditors of the individual entrepreneur in case of recognition by his bankrupt is performed at the expense of the property belonging to it on which collection, according to the procedure and priorities, can be turned by the established legislation of the Republic of Tajikistan on bankruptcy.

4. After completion of settlings with creditors the individual entrepreneur declared bankrupt is exempted from execution of the remained obligations connected with its business activity and other requirements imposed to execution and considered in case of recognition of the entrepreneur by the bankrupt.

5. The basis and procedure for recognition by court of the individual entrepreneur by insolvent (bankrupt) or announcements it about the insolvency (bankruptcy) are established by the insolvency act (bankruptcy).

6. It is excluded

Article 27. Capacity to act of minors aged from fourteen up to eighteen years

1. Minors aged from fourteen up to eighteen years make transactions, except for called in part 2 of this Article, from written consent of the legal representatives of parents, adoptive parents or the custodian.

The transaction made by such minor is valid also in case of its subsequent written approval by his parents, adoptive parents or the custodian.

2. Minors aged from fourteen up to eighteen years have the right independently, without the consent of parents, adoptive parents or the custodian:

a) dispose of the earnings, grant and other legal income;

b) perform the rights of the author of the work of science, literature or art, the invention or other result of the intellectual activities protected by the law;

c) according to the law to make contributions to credit institutes and to dispose of them;

d) make the small household transactions provided by part 2 of article 29 of this Code.

On reaching sixteen years minors also have the right to be members of cooperatives according to the law on cooperative.

3. Minors aged from fourteen up to eighteen years independently bear property responsibility according to the transactions made by them according to parts 1 and 2 of this Article. Such minors bear responsibility for the harm done by them according to this the Code.

4. In the presence of good causes the court according to the petition of parents, adoptive parents or the custodian or guardianship and custody body can limit or deprive of minors aged from fourteen up to eighteen years of the right to dispose independently of the earnings, grant or other income, except as specified, when such minor acquired capacity to act in full according to part 2 of Article 22 or with article 28 of this Code.

Article 28. Emancipation

1. The minor who reached sixteen years can be announced sui juris if he works according to the employment contract, including under the contract, or with the consent of parents, adoptive parents or the custodian engaged in business activity.

The announcement of the minor sui juris emancipation is made according to the decision of guardianship and custody body with the consent of both parents, adoptive parents or the custodian or in the absence of such consent by a court decision.

2. Parents, adoptive parents and custodians do not bear responsibility according to obligations of the emancipated minor, in particular according to the obligations which arose owing to causing harm by him.

Article 29. Capacity to act of the minors which did not reach fourteen years

1. For the minors who did not reach fourteen years (juveniles), only their parents, adoptive parents or guardians can make the transactions except for specified in part 2 this Articles from their name.

The rules provided by parts 2 and 3 of article 38 of this Code are applied to transactions of legal representatives of the minor with its property.

2. Minors aged from six up to fourteen years have the right to make independently:

a) small household transactions (purchase of bread, books, pencils, etc.) performed in case of their making;

b) the transactions directed to non-paid receipt of benefit, which are not requiring the notarial certificate or state registration;

c) transactions on the order the means provided by the legal representative or with the consent of the last the third party for particular purpose or for the free order.

3. Property responsibility according to transactions of the minor who did not reach fourteen years including on the transactions made by him independently is born by his parents, adoptive parents or guardians if do not prove that the obligation was violated not on their fault. These persons according to the law are also responsible for the harm done by the minors which did not reach fourteen years.

Article 30. Recognition of the citizen incapacitated

1. The citizen who owing to sincere disease or weak-mindedness cannot understand values of the actions or directs them, can be recognized as court incapacitated according to the procedure, established by the civil procedural legislation. Over it guardianship is established.

2. On behalf of the citizen recognized incapacitated transactions are made by his guardian.

3. If the basis owing to which the citizen was recognized as incapacitated disappeared, the court recognizes it capable. Based on the judgment the guardianship established over it is cancelled.

4. If the court refuses allowance of the application about recognition of person to incapacitated and will be determined that the requirement was declared from bad faith, person to whom such actions did moral harm has the right to demand from the applicant of its compensation.

Article 31. Legal incapacity of the citizen

1. The citizen who owing to abuse of alcoholic drinks, drugs, the strong or other stupefying substances puts himself or the family in difficult financial position can be limited by court in capacity to act according to the procedure, established civil procedural by the legislation. Over it guardianship is established. He has the right to make small household transactions independently.

Make other transactions, and also receive earnings, pension and other income and it can dispose of them only with the consent of the custodian. However such citizen independently bears property responsibility according to the transactions made by him and for the harm done to them.

2. If the bases owing to which the citizen was limited in capacity to act disappeared, the court cancels restriction of his capacity to act. Based on the judgment the guardianship established over the citizen is cancelled.

Article 32. Guardianship and custody

1. Guardianship and custody are established for protection of the rights and interests of incapacitated or not sui juris citizens. Guardianship and custody over minors are established also for the purpose of their education. The rights corresponding to it and obligations of guardians and custodians are determined by the Family code of the Republic of Tajikistan.

2. Guardians and custodians speak out in defense of the rights and interests of the wards in the relations with any persons, including in courts, without special power.

3. Guardianship and custody over minors are established in case of absence at them of parents, adoptive parents, deprivation of the parent rights by court of parents, and also in cases when such citizens for other reasons were left without parent care, in particular, when parents evade from their education or protection of their rights and interests.

Article 33. Guardianship

1. Guardianship is established over juveniles, and also over the citizens recognized by court incapacitated owing to sincere disease or weak-mindedness.

2. Guardians are representatives of wards by law and make from their name and in their interests all necessary transactions.

Article 34. Guardianship

1. Guardianship is established over minors aged from fourteen up to eighteen years, and also over the citizens limited to court in capacity to act owing to abuse of alcoholic drinks, drugs, the strong or other stupefying substances.

2. Custodians agree to making of those transactions which the citizens who are under the guardianship having no right to make independently. Custodians render to wards assistance in implementation of the rights by them and fulfillment of duties, and also protect them from abuses about the parties of the third parties.

Article 35. Guardianship and custody bodies

1. Guardianship and custody bodies are local authorities of the government, self-government institutions of settlements and villages.

2. The court shall within three days since the introduction in legal force of the decision on recognition of the citizen incapacitated or about restriction of his capacity to act to report about it to guardianship and custody body at the place of residence of such citizen for establishment of guardianship or custody over it.

3. The guardianship and custody body at the place of residence of wards exercises supervision of activities of their guardians and custodians.

Article 36. Guardians and custodians

1. The guardian or the custodian is appointed by guardianship and custody body at the place of residence of person needing guardianship or custody, within a month since the moment when the specified bodies knew of need of establishment of guardianship or custody over the citizen. In the presence of the circumstances deserving attention the guardian or the custodian can be appointed by guardianship and custody body at the place of residence of the guardian (custodian). If to person needing guardianship or custody the guardian or the custodian is within a month not appointed, fulfillment of duties of the guardian is temporarily assigned to guardianship and custody body. Appointment of a guardian or the custodian it can be appealed in court by interested persons.

2. Only full age capable citizens can be appointed guardians and custodians. The citizens deprived of the parent rights and also citizens who according to the legislation of the Republic of Tajikistan are forbidden to be guardians and custodians cannot be appointed guardians and custodians.

3. The guardian or the custodian can be appointed only from its consent. At the same time its moral and other personal qualities, capability to accomplishment of obligations of the guardian or the custodian shall be considered and if it is possible - and desires of the ward.

4. Guardians and custodians of the citizens who are needing guardianship or custody and being or placed in the relevant educational, medical institutions, organizations of social protection of the population or other similar organizations are these organizations.

Article 37. Execution by guardians and custodians of the obligations

1. Duties on guardianship and custody are fulfilled gratuitously, except the cases provided by the law.

2. Guardians and custodians of minors shall live jointly with the wards. Separate accommodation of the custodian with the ward who reached sixteen years is allowed with the permission of guardianship and custody body provided that it will not affect adversely education and protection of the rights and interests of the ward. Guardians and custodians shall inform guardianship and custody bodies on change of the residence.

3. Guardians and custodians shall care for education of the wards, about their health, physical, spiritual and moral development, their general and professional training. Guardians and the custodian of minors shall care for their training and education.

4. The obligations specified in part 3 of this Article are not assigned to custodians of the full age citizens limited to court in capacity to act.

5. If the bases owing to which the citizen was recognized as incapacitated or it is limited capable owing to abuse of alcoholic drinks, drugs, the strong or other stupefying substances, disappeared, the guardian or the custodian shall petition before court for recognition of the ward capable and for removal of guardianship or custody from it.

Article 38. Order property of the ward

1. The income of the ward of the citizen, including the income which are due to the ward from management of its property except for of the income of which the ward has the right to dispose independently are spent by the guardian or the custodian only for the benefit of the ward and with preliminary permission of guardianship and custody body. Without preliminary permission of guardianship and custody body the guardian or the custodian has the right to make expenses, necessary for content of the ward, at the expense of the amounts which are due to the ward as its income.

2. The guardian of the guardianship and custody body having no right without preliminary permission to make, and the custodian - to agree to transactions on alienation, including exchange or donation of property of the ward, its delivery for rent (in lease), in free use or as a deposit, the transactions attracting refusal of the rights belonging to the ward, from it add the Section of its property or apportionment, and also any other transactions attracting reduction of property of the ward. The procedure for property management of the ward is determined by the law.

3. The guardian, the custodian, their spouses and close relatives has no right to make transactions with the ward, except for cessions of property to the ward as gift or in free use, and also to represent the ward in case of the conclusion of transactions or conducting legal cases between the ward and the spouse of the guardian or the custodian and their close relatives.

Article 39. Property trust management of the ward

1. In need of permanent management of real and valuable personal estate of the ward the guardianship and custody body signs the agreement on trust management of such property with managing certain this body. In this case the guardian or the custodian keeps the powers concerning that property of the ward which is not delivered in trust management. When implementing by the managing director of competences on property management of the ward actions of the rules provided by parts 2 and 3 of article 38 of this Code extend to the managing director.

2. Property trust management of the ward stops on the bases provided by the law for termination of the contract on property trust management and also in cases of the termination of guardianship and custody.

Article 40. Release and discharge of guardians and custodians from execution of the obligations by them

1. The guardianship and custody body exempts the guardian or the custodian from execution of the obligations by it in cases of return of the minor to his parents or its adoptions. In case of the placement of the ward to the relevant educational, medical institution, organization of social protection of the population or other similar organization guardianship and custody body exempt earlier appointed guardian or the custodian from execution of the obligations by it if it does not contradict interests of the ward.

2. In the presence of reasonable excuses (disease, change of property status, lack of mutual understanding with the ward, etc.) the guardian or the custodian can be exempted from execution of the obligations by him at its request.

3. In cases of inadequate accomplishment by the guardian or custodian of the obligations lying on it, including when using of guardianship or custody by it in the mercenary purposes or when leaving the ward without supervision and necessary assistance, and also other cases, stipulated by the legislation the Republic of Tajikistan, the guardianship and custody body can discharge the guardian or the custodian of execution of these obligations and to take necessary measures for involvement of the guilty citizen to the responsibility established by the law.

Article 41. Termination of guardianship and custody

1. Guardianship and custody over full age citizens stop in cases of pronouncement by court of the decision on recognition of the ward capable or cancellations of restrictions of his capacity to act on the statement of the guardian, the custodian or guardianship and custody body.

2. On reaching the juvenile ward of fourteen years guardianship over him stops, and the citizen performing obligations of the guardian becomes the minor's custodian without additional decision on it.

3. Guardianship over the minor stops without singular solution on reaching the minor ward of eighteen years, and also in case of its introduction in scrap and in other cases of acquisition of full legal capacity by it before attainment of majority (part 2 of Article 22 and Article 28).

Article 42. Patronage over capable citizens

1. At the request of the full age capable citizen who for health reasons cannot independently perform and protect the rights and fulfill duties, over him guardianship in the form of patronage can be established. Establishment of patronage does not attract restriction of the rights of the ward.

2. The custodian (assistant) of the full age capable citizen can be appointed by guardianship and custody body only with the consent of such citizen.

3. The order the property belonging to the full age capable ward is performed by the custodian (assistant) based on the agreement of the order or trust management concluded with the ward. Making of the household and other transactions directed to content and satisfaction of household needs of the ward is performed by his custodian (assistant) with the consent of the ward.

4. The patronage over the full age capable citizen established according to part of 1 this Article stops upon the demand of the citizen who is under patronage. The custodian (assistant) of the citizen who is under patronage is exempted from accomplishment of the obligations lying on it in cases, stipulated in Article the 40th of this Code.

5. Only full age capable citizens who the legislation of the Republic of Tajikistan are not forbidden to be guardians or custodians can be appointed the custodian (assistant) of the full age capable citizen.

Article 43. Recognition of the citizen is unknown absent

The citizen can be acknowledged according to the statement of interested persons as court is unknown absent if within year in the place of his residence there are no data on the place of its stay. In case of impossibility to establish day of receipt of the last data about absent, the beginning of calculation of term for recognition of unknown absence the first, following in what the last data about absent were received is considered, and in case of impossibility to establish this month - the first of January of the next year.

Article 44. Consequences of recognition of the citizen it is unknown absent

1. The property of the citizen, acknowledged is unknown absent, in need of its protection is delivered based on the judgment in trust management to person who is determined by guardianship and custody body and acts on the basis of the agreement on trust management signed with this body.

The managing director of property of person, acknowledged it is unknown absent, accepts execution of civil obligations, pays off its debts at the expense of property of the absent person, manages this property for the benefit of such person. According to the statement of interested persons content is issued to citizens whom it is unknown absent shall contain.

2. The guardianship and custody body can and before the expiration of one year from the date of receipt of data on the place of stay of the absent citizen to appoint its property managing for protection.

3. Consequences of recognition of person it is unknown absent, not provided by this Article, are determined by the law.

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Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.