of July 17, 1998 No. 294-I
About approval and enforcement of the Civil code of Turkmenistan of Saparmurat Turkmenbasha
Article 1. Approve the Civil code of Turkmenistan of Saparmurat Turkmenbasha.
Article 2. Enact the Civil code of Turkmenistan of Saparmurat Turkmenbasha since March 1, 1999, except for the Section 4 "Public Register" of part 2 Codes which becomes effective since January 1, 2000.
Article 3. Recognize voided since March 1, 1999:
The law of the Turkmen SSR of December 29, 1963 "About approval of the Civil code of the Turkmen SSR" and the Civil code of the Turkmen SSR approved by it (Sheets of the Supreme Council of the Turkmen SSR, 1963, No. 36. Art. 94);
the laws which made changes and additions to the Civil code of the Turkmen SSR from December 29, 1963 till March 1, 1999.
Article 4. Action of the Civil code of Turkmenistan of Saparmurat Turkmenbasha extends to the relations which arose after its introduction in force.
On the civil legal relations which arose before entry into force of the Civil code of Turkmenistan of Saparmurat Turkmenbasha, its provisions are applied to those rights and obligations which arose after March 1, 1999.
These regulatory legal acts are applied to the civil legal relations which arose based on the regulatory legal acts recognized voided in connection with enforcement of the Civil code of Turkmenistan of Saparmurat Turkmenbasha, except cases when participants of the relations show willingness to regulate the relations according to provisions of the Civil code of Turkmenistan of Saparmurat Turkmenbasha.
Article 5. Until reduction of regulatory legal acts of Turkmenistan in compliance with the Civil code of Turkmenistan of Saparmurat Turkmenbasha regulatory legal acts of Turkmenistan are applied so far as they do not contradict the Civil code of Turkmenistan of Saparmurat Turkmenbasha. Regulatory legal acts on questions which according to the Civil code of Turkmenistan of Saparmurat Turkmenbasha can be regulated only by the laws are effective until acceptance and enforcement of the relevant laws.
Article 6. Until enforcement of the Section 4 "Public Register" of part 2 of the Civil code of Turkmenistan of Saparmurat Turkmenbasha registration of the rights to real estate and transactions on them is performed by the existing rules of registration of the rights to real estate and transactions with it.
Article 7. Action of part 4 "Copyright" of the Civil code of Turkmenistan of Saparmurat Turkmenbasha extends to the relations connected with creation and use of objects author's, the related rights which arose after enforcement of the Civil code of Saparmurat Turkmenbasha.
Concerning works according to which by March 1, 1999 the established twenty-five year term of protection of copyright did not expire the copyright effective periods provided by Articles 1094-1095 of the Civil code of Turkmenistan of Saparmurat Turkmenbasha extend.
The term of protection of the rights of the contractor, stipulated in Item 1 Article 1123 of the Civil code of Turkmenistan Saparmurat Turkmenbasha extends to execution on which by March 1, 1999 twenty five years after their first execution did not expire.
The term of protection of the related right, stipulated in Item 3 Articles 1123 of the Civil code of Turkmenistan of Saparmurat Turkmenbasha extends to soundtracks and videograms according to which by March 1, 1999 twenty five years after their first publication or the first record did not expire.
The term of protection of the related right, stipulated in Item 4 Articles 1123 of the Civil code of Turkmenistan of Saparmurat Turkmenbasha extends to transfers of broadcasting to the organization on which twenty five years after implementation by such organization of the first transfer to air did not expire (on cable).
Article 8. The terms of limitation period established by the Civil code of Turkmenistan of Saparmurat Turkmenbasha are applied to those claims, terms which presentations provided by earlier existing legislation did not expire till March 1, 1999.
Article 9. Charge to the Cabinet of Ministers of Turkmenistan:
- till March 1, 1999 to bring into accord with the Civil code of Turkmenistan of Saparmurat Turkmenbasha regulatory legal acts of the Cabinet of Ministers of Turkmenistan and other state bodies given the right of acceptance of regulatory legal acts;
- till January 1, 2000 to develop and approve all necessary regulatory legal acts and to hold organizational events for forming and ensuring activities of service of the public register;
- since March 1, 1999 to perform re-registration of housing cooperatives, having transformed them to partnerships of owners of premises.
President of Turkmenistan
Saparmurat Turkmenbashi
Ashgabat on July 17, 1998 No. 294-I
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