of December 22, 1998 No. 153
About state registration of the rights to real estate and transactions with it
Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on November 26, 1998
This Law establishes the legal basis and procedure for functioning of single system of state registration of the rights to real estate and transactions with it in all territory of the Kyrgyz Republic. The purpose of registration system is recognition by the state of the corporeal rights to real estate registered according to this Law and transactions with it and the property relations, and also assistance to market development of the real estate. This Law enacts the registration system provided by the Civil code of the Kyrgyz Republic.
1. State registration of the rights to real estate and transactions with it (further - state registration of the rights) - the legal act on recognition and confirmation by the state of the rights to real estate, their encumbrances (restrictions), and also real estate transactions providing protection of the registered rights and encumbrances (restrictions), except as specified, provided by this Law.
2. Real estate (real estate) - the parcels of land, subsoil plots, the isolated water objects and everything that is firmly connected with the earth which movement without disproportionate damage to their appointment is impossible, including the woods, long-term plantings, buildings, constructions, etc.
3. Unit of real estate (real estate) - the parcel of land, the building, construction, the apartment or other real estate which has the established border and is in property or use of physical, legal entities, the state-owned or municipal property according to the legislation of the Kyrgyz Republic.
Paragraph two of ceased to be valid.
4. Registration system - single system of state registration of the rights per unit of real estate and transactions with it.
5. Ceased to be valid the Law KR of December 19, 2003 No. 237
6. Register - to make record in the main documents of single system of state registration on origin, change, transition or the termination of the rights and their encumbrances (restrictions) per unit of real estate according to the procedure, stipulated by the legislation the Kyrgyz Republic.
7. The identification code - the individual, not repeating in the territory of the Kyrgyz Republic set of registration numbers appropriated to units of real estate according to the Kyrgyz Republic established by the legislation the procedure remaining so far this unit of the real estate exists as single object of the registered right.
8. The owner or the user (tituloderzhatel) - physical person or legal entity, whose surname or whose name are registered according to this Law as the owner or the user of unit of real estate.
9. Real estate transaction - the actions of physical persons and legal entities directed to establishment, change or the termination of the rights per unit of real estate.
10. Restriction - restriction of rights of possession, the order, use of unit of real estate, including the third party right (lease, pledge, mortgage, servitudes, agreement obligations, the judgments about seizure of property and other rights established by the legislation of the Kyrgyz Republic limiting the rights of the owner or the user of the real estate). Restriction can include also any agreement between owners or users of real estate on intention to oblige these owners or users to make voluntary contribution on general content of real estate.
11. Lease - the contract between the lessor and the lessee on provision to the lessee of the right of exclusive ownership and use of real estate of the lessor for a certain time and for certain payment.
12. The sublease - the contract between the lessee and the subtenant on provision to the subtenant of the right of exclusive ownership and use of real estate of the lessee for a certain time and for certain payment.
13. Pledge - method of providing the obligation in case of which the creditor (pawnbroker) in case of non-execution by the debtor (pledger) of the obligation acquires the right to have satisfaction due to pledged property mainly before other creditors behind withdrawals, stipulated by the legislation the Kyrgyz Republic.
14. Mortgage - pledge of the parcels of land, the companies, buildings, constructions, non-residential premises, apartments and other real estate for the purpose of ensuring agreement obligations (loan credit, purchase and sale, lease, the contract, etc.).
14-1. Mortgage by law - the pledge arising in case of real estate acquisition with use of money (credit) of bank or other credit institution or means of the target loan granted by other legal entity or physical person.
15. The servitude - the right to limited use of real estate of other person without the valid ownership of it, and also any agreement of the owner or user of real estate on action or act of omission in its territory for advantage (benefit) of other persons.
16. The option - the privilege of purchase or real estate lease in terms, at the price and on the conditions caused by the parties in the provisional agreement (agreement).
17. The title document - the document establishing, transferring, limiting or stopping the property right and other rights per unit of real estate (the law, the decision of the relevant competent authority, the agreement, the judgment, etc.).
18. The fixed border - the border of unit of real estate (parcel of land) in nature fixed by land marks of the established sample with binding to capital buildings and constructions, permanent natural reference points or to geodetic Items which all rotary points have the known coordinates.
19. The actual border - the border of unit of real estate (parcel of land) which is not fixed in nature by land marks of the established sample.
20. Registration zone - zone of jurisdiction of local registration body which borders are determined by the state registration body. It can consist of part of the administrative area, or of one, two or more administrative areas.
21. Authorized state body in the sphere of registration of the rights to real estate - the state registration body which according to the established competence performs state registration of the rights to real estate and transactions with it.
22. The registration indexed card - the image of the territory of the registration sector or quarter executed in the corresponding scale on which are displayed location, borders and identification number of each unit of real estate.
23. Attendance registration - the procedure of implementation of state registration of the rights based on the statement of physical persons and legal entities which is carried out on paid basis, except as specified, provided by this Law.
24. System registration - the one-time action for state registration of the rights performed at the expense of the state without filing of application, by mass inspection of units of the real estate.
25. Inspection of the real estate - work on studying of documents of title, cartographic materials and carrying out cadastral survey of borders for state registration of the rights to each unit of the real estate during attendance and system registration.
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