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CIVIL CODE OF THE KYRGYZ REPUBLIC

of May 8, 1996 No. 15

(The last edition from 06-08-2018)

Part I

Section I General provisions

Chapter 1 Regulation of the civil relations

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 and the means of individualization (intellectual property) equated to them, regulates contractual and other commitments, and also other property and related personal non-property relations.

To family, housing, employment relationships and the relations on use of natural resources and environmental protection answering to the signs specified in paragraph one of Item 1 of this Article, the civil legislation is applied in cases when these relations are not governed according to family, housing, by the labor law and the legislation on use of natural resources and environmental protection.

Features of the relations in the field of the Islamic principles of banking and financing are regulated by other laws. In the field of the Islamic principles of banking and financing this Code is applied to the relations in the part which is not settled by other laws.

2. 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) are regulated by the civil legislation as other does not follow from being of these relations.

3. Participants of the relations regulated by the civil legislation are citizens, legal entities and the state.

The rules established by the civil legislation are applied to the relations with participation of foreign citizens, persons without citizenship and foreign legal entities if other is not provided by the law.

4. The civil legislation governs the relations between persons performing business activity or with their participation.

The independent, performed on the risk activities directed to profit earning by persons registered in this quality in the procedure established by the law are entrepreneurial.

5. The civil legislation is not applied to the property relations based on administrative or other imperious subordination of one party another if other is not stipulated by the legislation.

Article 2. Civil legislation

1. The civil legislation is based on recognition of equality, autonomy of will and property independence 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. Citizens 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. Goods, services and money freely move in all territory of the Kyrgyz Republic. Restrictions of movement of goods and services are entered according to the laws if it is necessary for safety, protection of life and human health, conservation and cultural values.

4. The civil legislation consists of of this Code, the laws and other regulatory legal acts accepted according to them and also which came in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic governing the relations specified in Items 1 and 2 of Article of 1 of this Code.

The regulations of the civil legislation containing in other regulatory legal acts shall correspond to this Code.

5. No. 49 voided according to the Law of the Kyrgyz Republic of 14.03.2014

6. In case of contradiction of the regulations of the civil law containing in the acts specified in item 4 of this Article, to provisions of the Civil code provisions of this Code are applied.

Article 3. 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.

If after the conclusion of the agreement the law establishing obligatory rules for the parties, others is adopted than those which were effective in case of the conclusion of the agreement conditions of the signed agreement remain in force, except cases when in the law it is determined that its action extends to the relations which arose from earlier signed agreements.

Article 4. 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.

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