of July 17, 1998 No. 294-I
1. The civil legislation is based on recognition of equality of participants of the relations regulated by it, security of property, freedoms of the agreement, inadmissibility of any intervention someone in private affairs, need of free implementation of the civil laws, ensuring recovery of the violated rights, their judicial protection.
2. Physical persons and legal entities are free in establishment on the basis of the agreement of the rights and obligations and determination of any contractual conditions if they do not contradict the law.
The civil laws can be limited only 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, environmental protection.
3. Goods, services and financial resources freely move in all territory of Turkmenistan.
Restrictions of movement of goods, services and financial resources can be entered according to the law.
1. The civil legislation determines legal status of participants of civil circulation, the basis of origin and procedure of the property right, regulates contractual and other commitments, and also other property and related personal non-property relations.
The family, housing, employment relationships, the relations on use of natural resources and environmental protection answering to the signs specified in paragraph one of this Item are regulated by the civil legislation if the special legislation does not provide other.
2. The relations connected with implementation and protection of inaliennable human rights and freedoms and other non-material benefits are regulated by the civil legislation as other does not follow from being of these relations.
3. Physical persons and legal entities can be subjects of civil legal relationship. This rule is applied to citizens of Turkmenistan, foreign citizens and stateless persons by the business which both is engaged, and not carrying.
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 to persons are entrepreneurial.
4. Civil legal relationship of state bodies and organizations with physical persons and legal entities are regulated by the civil legislation if these relations do not be settled by other legislation.
1. The civil legislation consists of of this Code, other laws and other regulatory legal acts governing the relations specified in Article 2 of this Code.
2. Subordinate regulatory legal acts are applied to regulation of the civil relations only in cases if they do not contradict the law.
Acts of the civil legislation have no retroactive force and are applied to the relations arising 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.
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.
1. In cases when Articles provided by Items 1 and 2 2 of this Code of the relation 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 if 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).
3. The court has no right to refuse implementation of justice on civil cases in cases if there is no rule of law or it is not clear.
4. Application by analogy of the regulations limiting the civil laws and establishing responsibility is not allowed.
If the international treaty of Turkmenistan establishes other rules, than those which are provided by the civil legislation are applied rules of the international treaty.
The civil laws and obligations arise from the bases, stipulated by the legislation, and also from actions of physical persons and legal entities which though are not provided by it, 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 state bodies and municipalities of domicile 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 which are not forbidden by the law;
e) owing to 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 physical persons and legal entities;
i) owing to events with which the legislation connects approach of civil consequences.
1. Physical persons and legal entities at discretion perform the civil laws belonging to them.
2. The refusal of physical persons 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.
3. Subjects of civil legal relationship shall perform honesty the rights and obligations, not to do the actions (failure to act) harm to other persons.
4. In case of non-compliance with requirements, stipulated in Item 3 these Articles, the court can refuse to person protection of the right belonging to it.
5. In cases when the law puts protection of the civil laws into dependence on whether these rights honesty and reasonably were performed, conscientiousness and rationality of participants of civil legal relationship is supposed.
1. Protection of the violated or challenged civil laws is performed by court, economic court, reference tribunal (further - court) according to the jurisdiction of cases established by the procedural legislation or the agreement.
2. By the law or the agreement dispute settlement between the parties before appeal to the court can be provided.
3. 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.
Protection of the civil laws is performed in the way:
a) recognitions of the right;
b) recoveries of the provision existing before violation of the right, and suppression of the actions violating the right or creating threat of its violation;
c) recognitions of the transaction invalid and applications of consequences of its invalidity;
d) recognitions invalid act of state body or municipality of domicile;
e) award to discharge of duty in nature;
e) self-defenses of the civil laws;
g) indemnification;
h) penalties;
i) compensations of moral harm;
j) terminations or changes of legal relationship;
k) non-use by court of the act of the state body or municipality of domicile contradicting the law;
l) the different ways provided by the law.
The act of state body or municipality of domicile violating the civil laws and interests of physical person or legal entity protected by the law is invalid from the moment of its acceptance.
In case of recognition of such act by court invalid the violated right is subject to recovery or protection in other ways, stipulated in Article the 11th of this Code.
Self-defense of the civil laws is allowed.
Methods of self-defense shall be proportional to violation and shall not go beyond the actions necessary for its prevention or suppression if the help of competent authorities does not arrive in time.
1. Person whose right is violated can require full recovery of the losses caused to it. The disclaimer of the requirement of indemnification based on the provisional agreement is inadmissible.
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, lost profit in the amount of not smaller, than such income.
The personal non-property rights and other non-material benefits are protected in the cases and procedure provided by this Code and other laws and also in those cases and those limits in what use of methods of protection of the civil laws follows from being of the violated right and nature of consequences of this violation.
1. The physical person or legal entity has the right to demand by court action confutations discrediting his honor, advantage or goodwill of data if spread such information does not prove that they are true.
Upon the demand of interested persons honor and dignity protection of physical person and after his death is allowed.
2. If the data discrediting honor, advantage or goodwill of physical person or legal entity are distributed in mass media, they shall be confuted in the same mass media.
If the specified data contain in the document proceeding from the organization, such document is subject to replacement or response.
The procedure for confutation in other cases is established by court.
3. The physical person or legal entity concerning which mass media publish the data violating it the rights or interests protected by the law has the right to the publication of the answer in the same mass media.
4. If the judgment is not executed, the court has the right to impose on the violator the penalty collected in the amount of and procedure, provided by the procedural legislation, in the income of the state. Payment of penalty does not exempt the violator from obligation to perform the operation provided by the judgment.
5. The physical person or legal entity concerning which the information discrediting his honor, advantage or goodwill is spread has the right to require, along with confutation of such data, indemnification and compensation of moral harm caused by their distribution.
6. If it is impossible to identify person who spread the information discrediting honor, advantage or goodwill of physical person or legal entity, then person concerning whom such information is spread have the right to take a legal action with the statement for recognition of the spread information untrue.
Nobody has the right to publish and distribute the published image of any person without the consent of this person. Such consent is not required in cases when publication and distribution of the image is connected with requirements of court, bodies of inquiry and investigation when photography or receipt of the image different way is made in public situation, and also in other cases provided by the law.
The consent of person to publication and distribution of its image is supposed if the represented person posed for a fee.
1. The physical person has the right to protection of private life: mysteries of correspondence, diaries, notes, notes, intimate life, birth, adoption, medical or lawyer secret, confidentiality of deposits, etc.
Disclosure of mystery of private life is possible only in the cases established by the law.
2. Publication of diaries, notes, notes is, etc. allowed only with the consent of their author, and letters - with the consent of their author and the addressee. In case of death any of them the specified documents can be published with the consent of the surviving spouse and children of the dead, in subsequent - with the consent of other descending descendants.
Physical persons are understood as citizens of Turkmenistan, foreign citizens, and also stateless persons.
1. Capability have the civil laws and obligations (civil legal capacity) is recognized equally behind all physical persons.
2. Legal capacity of physical person arises at the time of its birth and stops death.
3. The right to be heir arises from the moment of conception; its implementation depends on the birth.
1. The physical person acquires and performs the rights and obligations under the name including surname and actually name and also, at his desire, middle name if other does not follow from the legislation or national custom.
In cases and according to the procedure, stipulated by the legislation, the physical person can use pseudonym (fictitious name).
2. The physical person has the right to change the name according to the procedure, established by the law. Change of name by physical person is not the basis for the termination or change of its rights and obligations acquired under former name.
The physical person shall take necessary measures for the notification of the debtors and creditors on change of his name and bears risk of the consequences caused by absence in these persons of data on change of his name.
The physical person which 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 physical person 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.
1. The residence the place where the physical person permanently or mainly lives is recognized.
2. The residence of minors aged up to fourteen years or persons which are under guardianship the residence of their parents, adoptive parents or guardians is recognized.
3. The residence is not lost if person forcibly or for execution of the state obligations does not be absent for certain term in this place.
1. Capability of physical person voluntarily and 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 physical person which 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 before achievement of eighteen years.
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.
3. Minors aged up to seven years (juveniles) are incapacitated.
1. The physical person cannot be deprived of legal capacity.
2. Nobody can be limited in legal capacity and capacity to act differently, as in the cases and procedure established by the law.
3. Non-compliance with the conditions established by the law and procedure for legal incapacity of physical persons 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 restriction.
4. The complete or partial refusal of physical person of legal capacity or capacity to act and other transactions directed to restriction of legal capacity or capacity to act are insignificant.
1. Minors aged from seven up to eighteen years have special disability.
2. The validity of the transaction made restrictedly by capable person requires the consent of his legal representative, except as specified, when restrictedly capable receives benefit according to the transaction.
1. The physical person which owing to mental disturbance (sincere disease or weak-mindedness) cannot understand values of the actions or directs them, can be recognized as court incapacitated. Over it guardianship is established.
2. On behalf of the physical person recognized incapacitated transactions are made by his guardian.
3. If the bases owing to which the physical person was acknowledged incapacitated disappeared, the court recognizes it capable. Based on the judgment the guardianship established over it is cancelled.
1. The physical person which owing to abuse of alcoholic drinks or drugs puts the family in difficult financial position can be limited to court in capacity to act. Over it guardianship is established. Such person has the right to conclude bargains about the order property, to receive and dispose of the salary, pension or other income types only with the consent of the custodian, except for small transactions of household nature.
2. If the bases owing to which the physical person was limited in capacity to act disappeared, the court cancels restriction of his capacity to act. Based on the judgment the guardianship established over physical person is cancelled.
1. The physical person has the right to be engaged in business activity without formation of legal entity.
2. Rules of this Code which regulate activities of legal entities respectively are applied to the business activity of physical persons performed without formation of legal entity.
The physical person answers for the obligations all property belonging to it, except for property on which according to the law collection cannot be turned.
The list of property of physical persons on which collection cannot be turned is established by the civil procedural legislation.
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.
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 insolvent (bankrupt) is performed at the expense of the property belonging to it on which collection, in the following priority can be turned:
first of all - requirements of physical persons before which the entrepreneur bears responsibility for damnification of life or to health, by capitalization of the corresponding time payments, and also the requirement for collection of the alimony are met;
at second priority - calculations for dismissal wage payment and compensation with persons working according to the employment contract, but no more than in three months are made;
in the third queue - the requirements of creditors provided with pledge of the property belonging to the individual entrepreneur are met;
in the fourth queue - the debt on obligatory payments in the budget and off-budget funds is repaid;
in the fifth queue - calculations with other creditors according to the law are made.
Requirements of creditors of each queue are met after satisfaction of requirements of creditors of the previous queue.
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.
Requirements of physical persons before which person declared bankrupt bears responsibility for damnification of life or to health, and also other requirements of personal nature are valid.
5. The bases 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. By a court decision the physical person declared bankrupt can be forbidden to be engaged in business activity during certain term which cannot exceed the maximum term established by the insolvency act (bankruptcy).
1. Guardianship and custody are established for protection of the rights and interests incapacitated or restrictedly capable physical persons.
2. Guardians and custodians speak out in defense of the rights and interests of the wards in the relations with any faces and the organizations, including in courts, without special power.
3. Guardianship and custody over minor physical persons 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 physical persons for other reasons were left without parent care, in particular, when parents evade from their education or protection of their rights and interests.
1. Guardianship is established over incapacitated physical persons.
2. Guardians are representatives of wards by law and make from their name and in their interests all necessary transactions.
1. Guardianship is established over is limited by capable physical persons.
2. Custodians agree to making of those transactions which the physical persons which 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 of the third parties.
1. Guardianship and custody bodies are municipalities of domicile, and in settlements where they are absent, - hyakima of etraps or cities.
2. The court shall within three days since the introduction in legal force of the decision on recognition of physical person 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 physical person 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.
1. Only full age capable physical persons can be designated by guardians and custodians. The physical persons deprived of the parent rights cannot be appointed by guardians and custodians.
2. 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, the relations existing between it and person needing guardianship or custody shall be considered and if it is possible - and desire of the ward.
3. 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 physical person. 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 or custodian is temporarily assigned to guardianship and custody body. Appointment of a guardian or the custodian it can be appealed in court by interested persons.
4. Guardians and custodians of the physical persons which 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.
1. Duties on guardianship and custody are fulfilled gratuitously. Guardians and custodians have the right to require compensation for expenses, connected with fulfillment of duties on guardianship and custody.
2. Guardians and custodians of minor physical persons 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 content of the wards, for providing them with leaving and treatment, to protect their rights and interests.
Guardians and custodians of minors shall care for their training and education.
4. The obligations specified in Item 3 of this Article are not assigned to custodians of the full age physical persons limited to court in capacity to act.
5. If the bases owing to which the physical person was acknowledged incapacitated or is limited capable owing to abuse of alcoholic drinks or drugs 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.
1. The income of the ward of physical person, 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, the Section of its property or apportionment from its shares, 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.
1. In need of permanent management of real and valuable personal estate of the ward the guardianship and custody body concludes with the managing director determined by this body, the agreement on trust management of property. 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 action of the rules provided by Items 2 and 3 of article 37 of this Code extends to the managing director.
2. Trust management of property of the ward stops on the bases provided by the law for termination of the contract on trust management of property and also in cases of the termination of guardianship and custody.
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 the guardianship and custody body exempts 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, 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 perpetrator to the responsibility established by the law.
1. Guardianship and custody over full age physical persons 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 age of seven years guardianship over it stops, and person 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 (Item 2 of Article 23) and in other cases of acquisition of full legal capacity by it before attainment of majority.
1. At the request of full age capable physical person which for health reasons cannot independently perform and protect the rights and fulfill duties, over it guardianship in the form of patronage can be established.
2. The custodian (assistant) of full age capable physical person can be appointed by guardianship and custody body only with the consent of such person.
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 full age capable physical person established according to Item 1 of this Article stops upon the demand of the physical person which is under patronage.
The custodian (assistant) of the physical person which is under patronage is exempted from accomplishment of the obligations assigned to it in cases, stipulated in Article the 39th of this Code.
The physical person can be unknown acknowledged according to the statement of interested persons the court which is absent if its location is unknown and 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.
1. The property of physical person, acknowledged is unknown absent, in need of permanent management is transferred by it based on the judgment 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. From this property content is issued to persons whom it is unknown absent shall contain, and the debt on other obligations is repaid it is unknown absent.
2. The guardianship and custody body can and before the expiration of year from the date of receipt of data on the place of stay of the absent person to appoint the managing director it by property.
3. Consequences of recognition of person it is unknown absent, not provided by this Article, are determined by the law.
In case of appearance or detection of the place of stay of physical person, acknowledged it is unknown absent, the court cancels the decision on recognition it is unknown absent. Based on the judgment property management of this physical person is cancelled. It has no right to claim of compensation of the benefit received as a result of due housekeeping, however has the right to require compensation of the damage which resulted from inadequate housekeeping.
1. The physical person can be announced by the court which died if in the place of his residence there are no data on the place of its stay within five years and if it was missing under the circumstances threatening with death or giving the grounds to assume his death from certain accident - within six months.
2. The serviceman or other physical person, missing in connection with military operations, can be announced by the court which died not earlier than after three years from the date of the end of military operations.
3. In the afternoon of death of the physical person declared in the dead day of the introduction in legal force of the judgment about the announcement is considered his dead. In case of the announcement to the dead of physical person, the missing person under the circumstances threatening with death or giving the grounds to assume his death from certain accident, the court can recognize as day of death of this physical person day of his expected death.
1. In case of appearance or detection of the place of stay of the physical person announced by the dead, the court cancels the decision on the announcement his dead.
2. Irrespective of time of the appearance the physical person can demand from any face of return of the saved property which gratuitously passed to this person after the announcement of physical person with the dead, except as specified, stipulated in Item 2 articles 211 of this Code.
3. Persons to whom the property of the physical person announced by the dead passed according to paid transactions shall return it this property if it is proved that, acquiring property, they knew that the physical person announced by the dead is in live. In case of impossibility of return of such property in nature its cost is compensated.
4. If the property of person declared the dead was transferred to treasury and realized by it, then after cancellation of the judgment about the announcement by the dead to this person the sum realized from realization of property returns in a month.
1. The following acts of civil status are subject to state registration:
a) birth;
b) marriage;
c) annulment of marriage;
d) adoption (adoption);
e) paternity proof;
e) change of name;
g) death of the physical person.
2. Civil registration is made by bodies of civil registration by entering of the corresponding records into books of civil registration (assembly books) and issues of certificates based on these records.
3. Correction and change of civil registrations is made by body of civil registration in the presence of good causes and lack of dispute between interested persons.
In the presence of dispute between interested persons or refusal of body of civil registration in correction or change of record the dispute is resolved by court.
Cancellation and recovery of civil registrations are made by body of civil registration based on the judgment which took legal effect.
4. The bodies performing civil registration, order of registration of these acts, procedure for change, recovery and cancellation of civil registrations forms of assembly books and certificates, and also procedure and storage durations of assembly books are determined by the law.
1. The legal entity the organization which has the isolated property in property and answers for the obligations this property is recognized, can acquire and perform on its own behalf the property and personal non-property rights, perform duties, to be claimant and the defendant in court.
2. The state participates in civil legal relationship as the legal entity. Powers of the state perform its bodies. The legal entities formed by the state participate in civil legal relationship in accordance with general practice.
1. The legal entity who is not entrepreneurial is competent to perform the activities answering the purpose and provided by its constituent documents. The entrepreneurial legal entity has the right to perform any activities which are not forbidden by the law.
Legal entities have the right to perform some types of activity which list is determined by the law only based on special permission (license). The right of implementation of such activities at the legal entity arises from the moment of receipt of permission (license).
2. Legal capacity of the legal entity arises from the moment of its state registration and stops at the time of the end of registration of its liquidation.
3. The legal entity can be limited in the rights only in the cases and procedure provided by the law.
Legal entities whose task is constituted by business (commercial) activity for the purpose of profit earning are entrepreneurial. Entrepreneurial legal entities are created according to the law.
1. Legal entities whose task is not constituted by business (commercial) activity for the purpose of profit earning are not entrepreneurial. The business activity having auxiliary character does not change nature of not entrepreneurial legal entity.
Not entrepreneurial legal entities are created in the form of public organizations and funds.
2. The legal entity is public organization if the common goal before themselves is set by several persons, at the same time its existence does not depend on changes of members in its structure. The organization of public organization requires at least five members.
3. The legal entity is fund when one or several founders for achievement of the common socially useful goal transfer special property to the possession to independent subject which has no members.
1. The legal entity is subject to state registration according to the procedure, determined by the law. This to state registration, including for the commercial organizations - trade name, join in the Unified State Register of Legal Entities open for general acquaintance.
Refusal in state registration, and also evasion from such registration can be appealed in court.
2. The legal entity is considered created from the moment of its state registration.
1. The legal entity acts on the basis of the constituent documents.
The foundation agreement of the legal entity is signed, and the charter affirms his founders (participants).
The legal entity created according to this Code one founder acts on the basis of the Charter, approved as this founder.
2. In the charter and other constituent documents of the legal entity the name of the legal entity, the place of its stay, procedure for management of activities of the legal entity shall be determined, and also to contain other data provided by the law on legal entities of the corresponding type.
In the foundation agreement of the party (founders) determine procedure for creation and activities of the legal entity, condition of transfer of the property and participation in its activities to it. The agreement determines also conditions and procedure for distribution between participants of profit and losses, managements of activities of the legal entity, exit of founders (participants) from its structure. The foundation agreement in the consent of founders can include also other conditions.
3. Changes of constituent documents receive force for the third parties from the moment of state registration, and in the cases established by the law - from the moment of the notification of the body performing state registration on such changes. However legal entities and their founders (participants) have no right to refer to lack of registration of such changes in the relations with the third parties acting taking into account these changes.
1. The legal entity acquires the civil laws and assumes civil obligations through the bodies operating according to the legislation and constituent documents.
The procedure for appointment or election of bodies of the legal entity is determined by the legislation and constituent documents.
2. Person who by law or constituent documents of the legal entity acts from his name shall act for the benefit of the legal entity represented to them honesty and reasonably.
1. The legal entity has the name containing specifying on its form of business.
2. The location of its administration is considered the location of the legal entity. The legal entity can have only one location (legal address). Other location of the legal entity is considered the branch location.
3. The name and the location of the legal entity are specified in its constituent documents.
4. The legal entity, being the commercial organization, shall have trade name.
The legal entity whose trade name is registered in accordance with the established procedure has exclusive right of its use.
The order of registration and uses of trade names is determined by the legislation according to this Code.
Person who is illegally using others registered trade name upon the demand of the owner of the right to trade name shall stop its use and pay the caused damages.
1. Representation is the separate division of the legal entity located out of the place of its stay and performing protection and the representation of interests of the legal entity making from his name transactions and other legal acts.
2. Branch is the separate division of the legal entity located out of the place of its stay and performing everything or part of its functions including functions of representation.
3. Representations and branches are not legal entities. They are allocated with property the legal entity who created them and act on the basis of the provisions approved by it.
Heads of representations and branches are appointed the legal entity and act on the basis of the its powers of attorney.
1. Public organizations and funds begin the activities as legal entities from the moment of registration. Registration of public organizations and funds is made by the Ministry adalat. The order of registration of the public organizations pursuing political or other socially significant goals (political parties, the religious organizations, labor unions, etc.) is determined by special laws.
2. The right to claim of registration takes place if the charter conforms to requirements of the law and the purpose of the legal entity provided for registration do not contradict the current legislation, acknowledged ethical standards or constitutional legal principles of Turkmenistan. Purpose of property of funds shall answer the planned purpose.
3. The statement signed by all founders and board members and the charter are necessary for registration.
4. The ministry adalat shall make the decision on registration from the date of introduction of the statement in a month.
5. The refusal in registration shall be reasonable, provide possibility of appeal and its procedure. The refusal can be appealed in court.
1. The organization and structure of public organizations and funds are regulated by the charter.
2. The charter shall contain:
a) activities purposes;
b) name;
c) location (legal address);
d) procedure for liquidation and distribution of property;
e) names and surnames of all board members, the place and date of their birth and the residence, procedure for purpose of board meetings and decision making on them;
e) competences of members of public organization (fund).
3. The charter may contain also:
a) functions of other governing bodies and control;
b) competences of meeting of members of public organization.
4. For funds, except specified in Item 2 of this Article, the charter shall contain:
a) minimum size and type of donations;
b) instructions about use of the amounts.
5. The charter shall be certified of notarial procedure.
1. Registration includes the following data: name of the legal entity and his location, purposes of its activities, acceptance date of the charter, identity of founders, identity of board members and possible restrictions of their representative powers.
2. These registration are subject to publication.
3. Any person has the right to examine entries in the register and to demand written statements.
Changes of the facts which are subject to registration shall be without delay provided to the Ministry adalat in the form certified by board. They are entered in the register and published.
1. The state control of legality of activities of public organizations and funds performs the Ministry adalat.
2. The ministry adalat cancels registration if the public organization or fund generally passed to business activity or if implementation of the purpose provided by the charter becomes impossible.
1. Board members and, in some cases, special representatives have the right of management. It at the same time constitutes also their obligation.
2. Limits of management are determined by the charter according to the purposes of public organization or fund.
3. The charter can provide competences of one person solely to run business or to identify joint management two or several persons.
4. The charter can provide the list of actions which implementation requires the consent of other regulatory authorities.
1. The board represents public organization or fund in the relations with the third parties. The charter shall contain regulations on whether persons authorized on representation will act solely, jointly a little from them or all jointly.
2. Powers of representation can be limited to the charter. These restrictions are valid for the third parties only when they are registered in the register unless the third party knew about these restrictions.
3. The charter can provide appointment of the special representative of public organization or fund. Limits of powers of such representation and its form shall be settled by the charter that is also subject to registration.
1. The public organization and fund bear responsibility for the harm done to the third parties as a result of such actions of board members or other representatives to execution by them of the obligations assigned to them which attract obligation to compensate harm.
2. Persons authorized on representation shall run business honesty. In case of violation of this obligation by them they bear responsibility to public organization or fund for the done harm. The refusal in indemnification is invalid if it is necessary for satisfaction of requirements of the third parties.
3. According to obligations of public organization or fund their members do not bear responsibility. Also the public organization and fund for obligations of the members do not bear responsibility.
1. The public organization and fund are liquidated and stop the activities in the cases provided by the charter as a result of achievement or impossibility of goal achievement, cancellation of registration by the Ministry adalat.
2. In case of liquidation current affairs shall be complete, requirements are established, monetary value of the remained property is determined, creditors are satisfied and the remained property is distributed between competent persons.
3. Authorized accept property of person can be determined by the charter. In case of lack of such determination the Ministry adalat at discretion transfers the remained property to one or several public organizations or funds pursuing the same or similar aim as the liquidated public organization or fund. In the absence of such organizations the decision on transfer of this property of charitable organization or to the state can be made.
4. Information on liquidation is subject to publication. Distribution of property is allowed only after one year after the publication.
5. Liquidation is performed by board. In the presence of special circumstances the Ministry adalat can appoint other liquidators. Liquidators bear responsibility as board members.
1. The board of public organization is elected general meeting of members for four-year term if the charter does not establish other.
Powers of board proceed also after this term before election of new board.
2. The decision on election of board can be cancelled at any time. Cancellation of election can be connected by the charter with availability of important circumstances.
1. General meeting of members of public organization is convened by board. It shall be convoked at least once a year in the cases provided by the charter or when it is required by interests of public organization. Besides, the meeting shall be convened if it is demanded by the tenth part of members in writing and with indication of the agenda.
2. The meeting is convened by the direction of the written message to all members or by the publication in publication of public organization not later than two weeks prior to meeting.
3. The meeting of members makes the decision on all questions which do not enter competence of board. The decision is valid only provided that its subject was announced in case of convocation of meeting.
4. The decision is made by a majority vote the members who are present at meeting, and the decision on change of the charter - the majority in three quarters of voices. For the decision on change of the purpose of public organization prescribed majority in four fifth voices of all members. Members, not present at meeting, can take part in vote in writing.
The meeting of members can form according to the charter the commissions to which functions of meeting for the period between meetings, in particular for control of activities of public organization can be transferred. Members of public organization can only be members of the commission.
For the purpose of consultation in the course of implementation of tasks of public organization the meeting of members can create special bodies (consulting council, kuratorium, administrative board) if it is provided by the charter. In such bodies also persons which are not members of public organization can be integrated.
1. Admission to membership of public organization is made by board based on the written application of the person interested.
2. Each member has the right to leave public organization. The charter can provide certain term of exit which shall not exceed two years. The exit from public organization caused by important circumstances cannot be limited to exit term.
3. Membership is not transferred to other persons and does not devolve if the charter does not provide other.
4. In the presence of the considerable bases general meeting of members can expel the member from public organization. The excluded member has the right to appeal this decision in court.
5. If the public organizatsiiya for the person interested to enter him performs important functions when implementing social, cultural or other tasks, this person has the right to demand acceptance in members of public organization if it does not contradict the basic principles of public organization.
Support of certain persons or specifically certain groups of people can also be the purpose of fund. All persons having the right of receipt of share from property of fund (destinators) with the consent of all board members can abolish fund or change the purpose of fund if it is supported by the Ministry adalat. The remained property is distributed between destinators.
1. The founder (founders) the notarized education document of fund shall undertake the obligation to bring in fund property in the quantity necessary for goal achievement of fund. If the property is not enough, then it shall be refused permission to creation of fund.
2. Before registration the refusal of cession of property is possible at any time. Within one month after registration the property shall be transferred completely, otherwise registration loses force.
3. The purposes of fund shall be financed for the income account, received from property if other is not provided by the charter. If throughout certain time of this income it is not enough, activities of fund shall be respectively reduced or suspended, and dokhodydobavlena to property.
4. About condition of property of fund the report on the corresponding form annually shall be constituted.
1. For the purpose of appointment of board and special representatives, their response and control of them as the charter formation of supervisory body (kuratorium) which members are invited by founders of fund can be provided. After the death of founders the structure of supervisory body can be filled up by new members (cooptation) by the decision of destinators or according to the procedure, determined by the charter.
2. In all other cases the Ministry adalat exercises control of that control of fund was exercised according to the laws and the charter. The ministry adalat can obtain information on activities of fund at any time and check its documentation.
3. The supervisory body can suspend decisions and actions of board, to announce them invalid or to demand their cancellation if they contradict the law or the charter.
4. The supervisory body provides compliance to the charter of appointment of board and other bodies. If the charter governs these relations insufficiently, this body can give additional instructions.
If without destinators achievement of the planned purpose is impossible or there is other basis for liquidation of fund, the Ministry adalat can, in the absence of relevant provisions in the charter, instead of liquidation to demand change of the purpose or to perform merge to other funds so that similarity to the initial purpose was kept. If one of founders is living at least, then its consent is necessary.
1. The transaction is the expression of the will by physical persons and legal entities directed to establishment, change or the termination of the civil laws and obligations.
2. Transactions can be unilateral and two - or multilateral (agreements).
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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