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

of September 24, 1999 No. 16

About some questions arising in court practice in connection with application of the Civil code

(as amended on 20-11-2023)

Due to the enforcement of the Civil code of the Republic of Uzbekistan, and also considering that courts had questions requiring permission, the Plenum of the Supreme Court of the Republic of Uzbekistan decides to make the following explanations:

2. Courts in case of permission of civil cases shall proceed from the main beginnings of the civil legislation establishing equality of participants of the relations regulated by it, 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 rights, their judicial protection.

In case on such claims it is necessary to recruit housing bodies, local authorities of the government, persons protected by the law whose rights and interests are infringed or broken, and in case of the death of one of participants of the transaction - his heirs.

5. Courts should mean that complete or partial execution of the transaction of one of the parties can be taken into account in the presence of written proofs. The validity of the transaction of the purchase and sale fully or partially performed regarding transfer to the seller of cost of the apartment or the house cannot be confirmed with testimonies of witnesses. According to Article 74 GPK of the fact of the case which under the law shall be confirmed with certain evidentiary facts cannot be confirmed by any other evidentiary facts.

In case of the dispute resolution the court shall make sure of authenticity of the written proofs (not certified agreement, the receipt) provided by the concerned party in confirmation of the transaction. In irreducible cases (for example, in case of the death of the former owner or impossibility of establishment of its location) the court shall resolve issue of feasibility of purpose of judicial handwriting examination.

Recognizing valid the transaction which is performed partially, the court needs also to resolve issue concerning execution of the rest of the transaction and collection of sum of money, and also the corresponding amount of the state fee of the income of the state.

6. Excluded

7. Excluded

8. Excluded

9. Ceased to be valid

10. Ceased to be valid

11. In case of the dispute resolution about acquisition of property right based on Art. 187 of group of companies courts should mean that the acquisitive prescription extends to cases of the actual groundless possession by someone else's property. Availability at the owner of any legal ground of ownership, for example, of the long-term agreement of lease, excludes action of acquisitive prescription.

16. In case of the dispute resolution, connected with pledge of personal estate or the rights to property, follow to consider that such agreement is subject to the notarial certificate only in cases when the agreement provided with pledge according to the p. 2 of the Art. of group of companies be signed in notarial form (the p. 3 of Art. 271 of group of companies).

In other cases when the pledger of the building or construction is not owner or the lessee of the parcel of land, the agreement of mortgage cannot be considered not corresponding to the legislation based on part 4 of Article 272 of group of companies. The rights of the pledger, and in case of the address of collection on the building or construction - and the rights of the buyer for the parcel of land shall be determined proceeding from Article 22 of the Land code of the Republic of Uzbekistan according to which upon transition of the property right, the rights of economic maintaining or the right of operational management to the company, the building, construction or other real estate, together with these objects also the right of possession and permanent use of the parcel of land occupied with the specified objects and necessary for their use passes.

The satisfaction of the requirement of the pawnbroker at the expense of the pledged real estate without appeal to the court is allowed only based on notarially certified agreement of the pawnbroker with the pledger signed later emergence of the bases for the address of collection regarding pledge. The condition about the right of the pawnbroker to turn collection on the pledged real estate without presentation of the claim in court containing directly in the pledge agreement shall be nullified.

20. The procedure for the address of collection regarding pledge transferred to the pawnbroker (pledge) is determined according to the pledge agreement if other procedure is not established by the law. At the same time, considering that only the personal estate can be subject of such agreement, in case of absence in the agreement of condition on procedure for the address of collection regarding pledge it is necessary to recognize that in this case the rule about the address of collection on the pledged personal estate (the p. 3 of the Art. 280) is subject to application.

It must be kept in mind that it is impossible to turn collection on pledged property if the obligation was not fulfilled by the pledger for the reasons connected with force majeure.

Draw the attention of courts that cannot be recognized as force majeure, circumstances which approach depends on actions of the obligation party (for example, absence at the debtor of necessary money, wrongful acts of his representatives).

21. According to p.1 Art. 733 of group of companies the simple written form is required for the loan agreement only in cases when lessor is the legal entity or the amount of this agreement signed between citizens exceeds the tenfold established size of basic settlement size.

Courts should mean that even non-compliance idle time of written form of the loan agreement does not attract its invalidity.

According to parts one and the second Article 109 of group of companies of the party in that case has no right to refer to the testimony, however it does not deprive of them opportunity to provide written and other proofs.

If the fact of receipt of money or things is not denied, then confirmation by its written proofs is not required, and each party shall prove those circumstances to which it refers in reasons for the requirements.

Therefore when one party claims that it transferred money or things on credit, and other party does not deny their obtaining, but claims that they are donated, but not as a loan, the court should demand from the party which received the money or things, proofs confirming the gift agreement, but not loan and on this basis to solve dispute.

22. Owing to Article 734 of group of companies the loan agreement assumes the right of the lessor to obtaining from the borrower of percent on loan amount in the sizes and procedure defined by the agreement.

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