of May 8, 1996 No. 15
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.
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.
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.
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.
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 of 1 of this Code of the relation provided by Items 1 and 2 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 as 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) and requirements of conscientiousness, rationality and justice.
3. Application by analogy of the regulations limiting the civil laws and establishing responsibility is not allowed.
Ceased to be valid according to the Law of the Kyrgyz Republic of 14.03.2014 No. 49
1. The civil laws and obligations arise from the bases, stipulated by the legislation, and also from actions of citizens 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:
1) 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;
2) from acts of state bodies and local government bodies which are provided by the law as the basis of emergence of the civil laws and obligations;
3) from the judgment which established the civil laws and obligations;
4) as a result of creation and property acquisition on the bases which are not forbidden by the law;
5) owing to creation of works of science, literature, art, inventions and other results of intellectual activities;
6) owing to damnification to other person;
7) owing to unjust enrichment;
8) owing to other actions of citizens and legal entities;
9) owing to events with which the legislation connects approach of civil consequences.
2. The rights to property which are subject to state registration arise from the moment of registration of this property or the appropriate rights to it if other is not established by the law.
1. Citizens and legal entities at discretion perform the civil laws belonging to them.
2. The refusal of citizens 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. The civil laws of persons with limited opportunities of health cannot be limited in connection with use of the facsimile signature replacing the sign manual when implementing the civil laws by them.
1. The actions of citizens and legal entities performed only with intention to do harm to other person, and also abuse of the right in other forms are not allowed.
3. In case of non-compliance with the requirements provided by Items 1-2 of this Article, the court can refuse to person protection of the right belonging to it.
4. Person abusing the right shall redeem situation of person which was injured from abuse, to indemnify it the caused loss.
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 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:
1) recognitions of the right;
2) recoveries of the provision existing before violation of the right;
3) suppression of the actions violating the right or creating threat of its violation;
4) recognitions of the transaction invalid and applications of consequences of its invalidity;
5) recognitions invalid act of state body or local government body;
6) self-defenses of the civil laws;
7) award to discharge of duty in nature;
10) compensations of moral harm;
11) terminations or changes of legal relationship;
12) non-use by court of the act of the state body or local government body which is not corresponding to the legislation;
13) the different ways provided by the law.
The substandard act of state body or local government body, or in the cases provided by the law - the regulation which is not corresponding to the legislation and violating the civil laws and interests of the citizen or legal entity protected by the law can be nullified by court.
In case of recognition of such act by court invalid, the violated right is subject to recovery, and also protection in other ways, stipulated in Article the 11th of this Code.
Protection of the civil laws is allowed by direct actions of person whose rights are violated.
Methods of self-defense shall be proportional to violation and shall not go beyond the actions necessary for its prevention or suppression.
1. Person whose right is violated can require full recovery of the losses caused to it if the law or the agreement corresponding to the law do not provide other.
2. Are understood as losses:
or will shall make expenses which person whose right is violated, made for recovery of the violated right, loss or damage of its property (actual damage), and also
uncollected income which this person would gain 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 losses caused to the citizen or the legal entity as a result of illegal actions (failure to act) of state bodies, local government bodies or officials of these bodies including publications of the act of state body which is not corresponding to the legislation, are subject to compensation by the state, and also local government bodies in the cases provided by the law.
If moral harm (physical or moral sufferings) by the actions violating its personal non-property rights or encroaching on the non-material benefits or the personal non-property rights belonging to the citizen and also in other cases provided by the law is done to the citizen, the court can assign obligation of monetary compensation of the specified harm to the violator.
In case of determination of the amount of compensation of moral harm the court takes degree of fault of the violator and other circumstances deserving attention into account.
In the cases provided by this Code and other laws, moral harm can be compensated to the legal entity.
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 (Article 11) follows from being of the violated right and nature of consequences of this violation.
1. The citizen has the right to demand by court action confutations of the data discrediting his honor, advantage or goodwill, and the legal entity - the data discrediting its goodwill.
Upon the demand of interested persons protection of honor, advantage and goodwill of the citizen and after his death is allowed.
2. If the data discrediting honor, advantage or goodwill of the citizen, and also the data discrediting goodwill of the 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 citizen or the legal entity concerning whom are published by mass media the data, the interests violating it the rights or 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 citizen concerning whom the information discrediting his honor, advantage or goodwill, and also the legal entity concerning whom the information discrediting its goodwill having the right to require along with confutation of such data indemnification and the moral harm caused by their distribution is spread is spread.
6. If to identify person who spread the information discrediting honor, advantage or goodwill of the citizen, and also the data discrediting goodwill of the legal entity it is impossible, person concerning whom such information is spread has 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 (picture, the photo, the movie, etc.) 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 citizen has the right to protection of mystery of private life: mysteries of correspondence, post, cable, electronic and other messages, telephone and other negotiations, 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, children of the dead and other heirs, in subsequent - with the consent of other descending descendants.
The citizen has the right to inviolability of home, that is has the right to use the dwelling (the apartment, the house, etc.) at discretion according to its appointment and to stop any attempts of invasion into the dwelling in spite of himself, except the cases provided by the law.
Things, including money and securities, other property, including property rights belong to objects of the civil laws; works and services; the protected information, results of intellectual activities and means of individualization (intellectual property) equated to them, and also other material and non-material benefits.
1. Objects of the civil laws can freely be alienated or pass from one person to another according to the procedure of universal succession (inheritance, reorganization of the legal entity) or otherwise if according to the legislation they are not withdrawn from civil circulation or are not limited in civil circulation.
2. Types of objects of the civil laws which finding in turnover is not allowed (the objects withdrawn from circulation) shall be directly specified in the law.
Types of objects of the civil laws which can belong only to certain participants of turnover or finding of which in turnover is allowed on special permission (objects, restrictedly transferable), are determined according to the procedure, established by the law.
3. The personal non-property benefits and the rights are inaliennable and non-transferable, except as specified, established by the laws.
4. The parcels of land can be alienated or pass from one person to another in that measure in what their turnover it is allowed by the land legislation of the Kyrgyz Republic.
1. The parcels of land, subsoil plots, the isolated water objects and everything that is firmly connected with the earth, that is objects which movement without disproportionate damage to their appointment is impossible, including, the woods, long-term plantings, buildings, constructions, etc. belong to immovable things (real estate, the real estate).
By the legislation of the Kyrgyz Republic other property also can be carried to immovable things.
2. The property right and other corporeal rights to immovable things, restrictions of these rights, their origin, transition and the termination are subject to state registration in the unified state register.
3. The things which are not relating to the real estate including money and securities, are recognized personal estate. Registration of the rights to movable things is not required if other is not established by this Code or the law.
4. Movable things which use according to their appointment consists in their consumption or alienation are recognized the consumed things.
Also movable things which are part of warehouse or other set of things which use according to their appointment consists in alienation of separate things are recognized consumed.
1. The property right and other corporeal rights to immovable things, restrictions of these rights, their origin, change and the termination are subject to state registration in the unified state register.
Are subject to registration: the property right, the right of economic maintaining, the right of operational management, the rights following from agreements of mortgage about the servitude and pledge, and also other rights in the cases provided by this Code and other laws.
2. In the cases provided by the law along with state registration special registration or accounting of separate types of real estate can be performed.
3. The body performing state registration of the rights to the real estate and transactions with it shall certify according to the petition of the owner the made registration by issue of the document on the registered right or the transaction or making of text on the document submitted for registration.
4. The body performing state registration of the rights to the real estate and transactions with it shall provide information on the made registration and the registered rights except for to information which is the state or trade secret, to any person.
Information is provided in any body performing registration of the right to real estate irrespective of the place of making of registration.
5. Refusal in state registration of the right to the real estate or transactions with it or evasion of relevant organ from registration can be appealed in higher body or court.
6. The procedure for state registration and the basis of refusal in registration are established according to this Code the law on registration of the rights to real estate and transactions with it.
The thing intended for servicing of other (main) thing and related by general economic purpose (accessory) follows destiny of the main thing if the agreement does not provide other.
The thing as a result of which separation its parts lose properties and purpose of initial thing is recognized indivisible.
1. If diverse things form the whole allowing to use it for designated purpose, determined by being of connection, they are considered as one thing (difficult thing).
2. Action of the bargain concluded concerning difficult thing extends to all its components if the agreement does not establish other.
The receipts received as a result of use of property (fruits, products, the income) belong to person using this property legally if other is not stipulated by the legislation or the usage agreement of this property.
General rules about property as the legislation does not establish other are applied to animals.
1. The thing allocated from other things on inherent only to it to signs is recognized individual and certain. Individual and certain things are irreplaceable.
2. The things determined by patrimonial signs the things having the signs inherent in all things of the same sort and which are determined number, weight, measure are recognized. The things determined by patrimonial signs are substitutable.
In cases and according to the procedure, established by this Code and other laws, the exclusive right of the citizen or legal entity on objectively expressed results of intellectual activities and means of individualization of the legal entity, products of physical person or legal entity performed by them works or services equated to them is recognized.
Use of results of intellectual activities and means of individualization which are object of exclusive rights can be performed by the third parties only with the consent of the owner.
1. The company as object of the civil laws the property complex used for implementation of business activity is recognized.
2. All types of property used for its activities including the parcels of land, buildings, constructions, the equipment, stock, raw materials, products, rights to claim, debts, the rights to the designations individualizing its activities (trade name, trademarks) and other exclusive rights enter into structure of the company as property complex if other is not stipulated by the legislation or the agreement.
3. The company in general or its part can be subject to purchase and sale, pledge, lease and other transactions connected with establishment, change and the termination of the corporeal rights.
The civil legislation protects information which is official or trade secret in case information has the real or potential commercial value owing to uncertainty to her third parties, to it there is no open entry legally and the owner of information takes measures to protection of its confidentiality.
Persons, illegal methods obtained such information, and also employees - contrary to the employment contract or partners - contrary to the civil agreement, divulged official or trade secret, shall indemnify the caused loss.
1. Monetary unit in the Kyrgyz Republic is the som.
2. The som is the legal means of payment obligatory to acceptance at nominal cost in all territory of the Kyrgyz Republic.
Payments in the territory of the Kyrgyz Republic are made in the form of cash and clearing settlements.
3. Cases, procedure and conditions of payments in foreign currency in the territory of the Kyrgyz Republic are determined by the bank law of the Kyrgyz Republic.
Types of the property recognized by currency values and procedure for transactions with them in the territory of the Kyrgyz Republic are determined by the law on currency control.
The property rights to currency values are protected in the Kyrgyz Republic in accordance with general practice.
1. Security is the document or other method of fixing of the rights established by the law certifying property rights with observance of the established form and obligatory details.
With transfer of security pass all rights certified by it in total.
2. Types of the rights which make sure securities obligatory details of securities, requirements to form of security and other necessary requirements are determined by the law of the Kyrgyz Republic or in the procedure established by it.
Lack of obligatory details of security or discrepancy of security to the form established for it attracts its negligibility.
3. In the cases provided by the law for the implementation and assignment of rights certified by security there are enough proofs of their fixing in the special register (regular or computerized) the issuer - the person performing security issue on its own behalf and bearing responsibility according to the obligation expressed in it.
Treat securities: the bond, the bill, the check, the bank certificate, the bill of lading, the share and other documents which or in the procedure established by it are carried by the law to number of securities.
1. In the cases determined by the law or in the procedure established by it person who obtained the special license can make fixing of the rights affirmed by personalized or order security including in paperless form (by electronic computer facilities, etc.). The rules established for securities are applied to such form of fixing of the rights if other does not follow from features of fixing.
Person which performed fixing of the right in paperless form shall upon the demand of the owner of the right to issue it the document testimonial of the affirmed right.
The rights certified by the specified fixing procedure for official fixing of the rights and owners, procedure for documentary confirmation of records and procedure for making of transactions with bank entry securities are determined by the law or in the procedure established by it.
2. Transactions with bank entry securities can be made only in case of the address to person who officially makes records of the rights. Transfer, provision and restriction of the rights shall be fixed officially by this person who bears responsibility for safety of official records, ensuring their confidentiality, submission of the correct data on such records, making of official records about the performed operations.
1. The rights certified by security can belong:
1) to the bearer of security (bearer security), or
2) to person (personalized security) called in security, or
3) to person called in security who can perform these rights or to appoint the order (order) other authorized face (order security).
2. By the law the possibility of issue of securities of certain type as nominal, either as order, or as bearer securities can be excluded.
3. Person is not considered the legal owner (holder) of security if it is proved that it knew or owed know about illegality of acquisition of security by it, in particular that paper is acquired from the face which had no right to alienate it.
1. For transfer to other person of the rights certified by the bearer security there is enough delivery of security to this person.
2. The rights certified by personalized security are transferred according to the procedure, established for concession of requirements (cession). According to item 4 of article 316 of this Code, person transferring the right on security bears responsibility for invalidity of the relevant requirement, but not for its execution.
3. The rights on order security are transferred by making on this paper of endorsement - the endorsement. The endorsee bears responsibility not only for existence of the right, but also for its implementation.
The endorsement made on security transfers all rights certified by security to person to whom or the order of which the rights on security - the endorsee are transferred. The endorsement can be blank (without specifying of person to which execution) or order (with indication of person, to which shall be made or the order of which execution shall be made).
The endorsement can be limited only to the order to perform the rights certified by security without transfer of these rights to the endorsee (the preporuchitelny endorsement). In this case the endorsee acts as the representative.
1. Person which issued security, and all faces endorsing it answer to her legal owner solidary. In case of satisfaction of the requirement of the legal owner of security about execution of the obligation certified by it with one or several persons from among undertaken on security, they acquire the right of the return requirement (regress) to other persons which promised on security.
2. The refusal of the obligation fulfillment certified by security with reference to lack of the basis of the obligation or on its invalidity, is not allowed.
The owner of security who found forgery or counterfeit of the security having the right to show to person who transferred it the paper, the requirement about proper execution of the obligation certified by security and about indemnification.
Recovery of the rights according to the lost bearer securities and order securities is made by court according to the procedure, provided by the procedural legislation.
The bond the security certifying the right of her holder to obtaining from the face who issued the bond in the time of nominal value or other property equivalent provided in it is recognized. The bond grants it to the holder also the right to the percent fixed in it from nominal value of the bond or other property rights.
Bonds can be only nominal, freely addressing, or with limited circle of the address.
The check the security containing nothing not caused written order of the issuer to bank to pay to the holder of the check the amount specified in it is recognized.
The check shall be shown for payment during the term established by the legislation.
The bill of exchange the security certifying nothing not caused obligation of the drawer (promissory note) is recognized or other specified bill of exchange of the payer (bill of exchange) to pay after approach of the term provided by the bill of exchange certain amount to the owner of the bill of exchange (bill holder).
1. The share the security certifying the right of her holder (shareholder) to receipt of part of profit of joint-stock company in the form of dividends on participation in administration of joint-stock company and on part of the property which remained after its liquidation is recognized.
Shares can be demand or nominal, freely addressing or with limited circle of addresses.
2. The joint-stock company has the right to issue in the limits set by the legislation the preferred shares guaranteeing to their holders receipt of dividends which size is established in case of share issue, irrespective of results of economic activity of joint-stock company, and also the right to part of the property, this it preferential in comparison with other shareholders, which remained after liquidation of joint-stock company and other rights provided by conditions of release of such shares.
Preferred shares do not grant to their holder the participation right in administration of joint-stock company if other is not provided by the law.
The bill of lading the tovarorasporyaditelny document certifying the right of his holder to dispose of the freight specified in the bill of lading is recognized and to receive freight after transportation completion.
The bill of lading can be demand, order or nominal.
In case of creation of the bill of lading in several authentic copies issue of freight terminates other copies the first shown bill of lading.
The bank certificate the written certificate of bank on contribution of money certifying the investor's right to obtaining after fixed term of the deposit amount, percent or other payment on it in any organization of this bank is recognized.
Bank certificates are nominal.
1. The non-material benefits belonging to the citizen:
life and health;
advantage of the personality;
security of person;
honor and reputation;
personal and family secret;
possibility of free movement, choice of the place of stay and residence;
other non-material benefits are protected by the legislation in cases when according to being of these non-material benefits the methods of protection of the civil laws provided by this Code can be used.
2. The personal non-property rights are performed and protected according to the law.
Treat them: the right to use of the name, copyright, the right addressed to, the right to immunity of the work and other non-property rights according to the laws on protection of the rights to results of intellectual activities.
3. In the cases and procedure provided by the law, the personal non-property rights and other non-material benefits belonging to the dead can be performed and be protected by other persons, including the owner's heirs.
Citizens (physical persons) are understood as citizens of the Kyrgyz Republic, citizens of other states, and also stateless persons. Provisions of this Code are applied to all citizens if other is not established by the law.
1. Capability have the civil laws and obligations (civil legal capacity) is recognized equally for all citizens.
2. Legal capacity of the citizen arises at the time of its birth and stops death.
The citizen can: have property on the property right; inherit and bequeath property; be engaged in the entrepreneurial and any other not forbidden by the law activities; create legal entities independently or together with other citizens and legal entities; make any transactions which are not forbidden by the law and participate in obligations; choose the residence; have the rights of the author of works of science, literature and art, inventions and other result of intellectual activities; have other property and personal non-property rights.
1. The citizen acquires and performs the rights and obligations under the name including surname and actually name, and also middle name if it corresponds to traditions of nationalities which representatives form the people of Kyrgyzstan.
In cases and according to the procedure, stipulated by the legislation, the citizen can use pseudonym (fictitious name).
2. The citizen has the right to change the name according to the procedure, established by the law. Change by the citizen of name is not the basis for the termination or change of its rights and obligations acquired under former name.
The citizen shall take necessary measures for the notification of the debtors and creditors on change of the name and bears risk of the consequences caused by absence in these persons of data on change of his name.
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