of December 21, 1995 No. 163-I
Part one
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.
Citizens (physical persons) 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.
Goods, services and financial resources freely move in all territory of the Republic of Uzbekistan.
Restrictions of movement of goods and services can be entered according to the legislation if it is necessary for safety, protection of life and human health, conservation and objects of cultural heritage.
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, regulates contractual and other commitments, and also other property and related personal non-property relations.
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.
The personal non-property relations and the personal relations which are not connected with property are regulated by the civil legislation as other is not provided by legal acts or does not follow from being of these relations.
To family, employment relationships and the relations on use of natural resources and environmental protection answering to the signs specified in part one of this Article, the civil legislation is applied when these relations are not governed by special legal acts.
To the property relations based on administrative subordination of one party another including to tax, financial and other administrative relations, the civil legislation is not applied, except as specified, stipulated by the legislation.
The civil legislation consists of of this Code, other laws and other acts of the legislation governing the relations specified in parts one, the fourth and fifth Article 2 of this Code.
The regulations of the civil legislation containing in other laws and other acts of the legislation shall correspond to this Code.
The ministries, departments and other state bodies can issue the acts governing the civil relations in cases and in the limits provided by this Code, other laws and other acts of the legislation.
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.
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.
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.
In cases when 2 of this Code of the relation provided by parts one, the fourth and fifth Article are directly not settled by the legislation or the agreement of the parties, the regulation of the civil legislation governing the similar relations (analogy of the law) is applied.
In case of impossibility of use in the specified cases of analogy of the law, the rights and obligations of the Parties are determined proceeding from the general beginnings and sense of the civil legislation (analogy of the right) and requirements of conscientiousness, rationality and justice.
Application by analogy of the regulations limiting the civil laws and establishing responsibility is not allowed.
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.
Local customs and traditions are applied to the relations regulated by the civil legislation in case of absence in it the relevant standards.
The business customs, local customs and traditions contradicting standards of the legislation or the agreement, obligatory for participants of the meeting relation, are not applied.
If the international treaty or the agreement establish other rules, than those which are provided by the civil legislation are applied rules of the international treaty or the agreement.
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.
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 or self-government institutions of citizens 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 property acquisition on the bases allowed by the law;
5) as a result of 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.
The rights to property which are subject to state registration arise from the moment of registration of the appropriate rights to it if other is not established by the law.
Citizens and legal entities at discretion dispose of the civil laws, including the right to their protection belonging to them.
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.
Implementation of the civil laws shall not violate the rights and interests of other persons protected by the law. Conscientiousness, rationality and justice of actions of participants of civil legal relationship is supposed.
When implementing the rights citizens and legal entities shall respect the moral principles and ethical standards of society, and entrepreneurs shall follow also rules of business ethics.
The actions of citizens and legal entities sent on damnification to other person on abuse of the right in other forms, and also on implementation of the right in contradiction with its appointment are not allowed.
In case of non-compliance with the requirements provided by parts three, the fourth and fifth this Article, the court can refuse to person protection of the right belonging to it.
Protection of the civil laws is performed according to the jurisdiction of cases established by the procedural legislation or the agreement, court, economic court or reference tribunal (further - court).
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:
recognitions of the right;
recoveries of the provision existing before violation of the right, and suppression of the actions violating the right or creating threat of its violation;
recognitions of the transaction invalid and applications of consequences of its invalidity;
recognitions invalid act of state body or self-government institutions of citizens;
self-defenses of the right;
award to discharge of duty in nature;
indemnification;
penalties;
compensations of moral harm;
terminations or changes of legal relationship;
non-use by court of the act of the state body or self-government institutions of citizens contradicting the law.
Protection of the civil laws can be also performed by the different ways provided by the law.
The act of state body or self-government institutions of citizens 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 the act by court invalid, the violated right is subject to protection by methods, 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 not go beyond the actions necessary for its suppression.
Person whose right is violated can require full recovery of the losses caused to it if the law or the agreement do not provide indemnification in smaller size.
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, then person whose right is violated has the right to require compensation along with other losses of 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 adoption of the act which is not corresponding to the legislation, state body or self-government institutions of citizens, and also illegal actions (failure to act) of their officials are subject to compensation by the state or self-government institutions of citizens. Such damages are paid by extrabudgetary funds of state body or at the expense of means of self-government institutions of citizens.
In case of abolition of state body or self-government institutions of citizens, insufficiency of their means or lack of extrabudgetary funds of state body or means of self-government institutions of citizens the losses caused to the citizen or the legal entity are compensated at the expense of means of the Government budget of the Republic of Uzbekistan.
Indemnification can be assigned by the judgment to officials of state bodies, self-government institutions of citizens because of whom losses are caused.
Citizens (physical persons) are understood as citizens of the Republic of Uzbekistan, 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.
Capability have the civil laws and obligations (legal capacity) is recognized equally for all citizens.
Legal capacity of the citizen arises at the time of its birth and stops with his death.
Citizens can:
have property on the property right; inherit and bequeath property; have savings in bank; carry on business, Dehkan (farmer) economy and other activities which are not forbidden by the law; use wage labor; create legal entities; make transactions and participate in obligations; require indemnification; choose occupation and residences; have the rights of the author of works of science, literature and art, the invention and to other results of intellectual activities protected by the law.
Citizens can also have other property and personal non-property rights.
The citizen acquires and performs the rights and obligations under the name including surname and actually name, and also middle name if other does not follow from the law or national custom.
In the cases and procedure provided by the law, the citizen can use pseudonym (fictitious name).
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.
The citizen who changed the name having the right to require introduction at own expense of corresponding changes in the documents processed to his former name.
The name received by the citizen in case of the birth, and also change of name are subject to registration according to the procedure, established for civil registration.
Acquisition of rights and obligations under name of other person is not allowed.
Person from whom challenge the right to carrying the name or the interests of which are violated in connection with unauthorized use of his name, also confutation can demand from the violator of the termination of violation. If violation is made intentionally, then the victim can demand compensation of damage in addition. As compensation income gained by the violator can be requested. In case of intentional violation the victim also has the right to compensation of moral damage.
The requirements for the termination of actions or confutation called in part one of this Article can be exposed also-faced, not being carrier of name or personal honor but having on marital status worthy interest of protection in the termination of actions or in confutation. This person can also try to obtain fulfillment of requirements on protection of name and honor of other person after his death. Damage indemnification claims on violations of name and honor after death are not recognized.
The residence the place where the citizen constantly or mainly lives is recognized.
The residence of the minors which did not reach fourteen years, or the citizens who are under guardianship the residence of their legal representatives - parents, adoptive parents or guardians is recognized.
The citizen's capability the actions to acquire and perform the civil laws, to create for itself civil obligations and to perform their (capacity) arises in full with occurrence of age of majority, that is on reaching eighteen-year age.
The citizen legally married before attainment of majority 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.
Nobody can be limited in legal capacity and capacity to act differently, as in the cases and procedure established by the law.
Non-compliance with the conditions established by the law and procedure for legal incapacity of the citizen attracts invalidity of the act of the state body setting the corresponding restriction.
The complete or partial refusal of the citizen of legal capacity or capacity to act and other transactions directed to restriction of legal capacity or capacity to act are insignificant, except as specified, when such transactions are allowed by the law.
The citizen has the right to be engaged in business activity from the moment of state registration as the individual entrepreneur.
Rules of this Code are applied to the business activity of citizens performed without formation of legal entity if other does not follow from the legislation or being of legal relationship.
The citizen performing business activity without formation of legal entity with violation of requirements of part one of this Article having no right to refer concerning the bargains concluded by it to the fact that he is not entrepreneur. The court can apply to such transactions of the rule of this Code about the obligations connected with implementation of business activity.
The citizen answers for the obligations all property belonging to him, except for property on which according to the law collection cannot be turned.
The individual entrepreneur can be acknowledged as court insolvent in case of inability in full to meet requirements of creditors for monetary commitments and (or) to fulfill the duties on taxes and fees.
The physical person which lost the status of the individual entrepreneur which is not capable to meet in full requirements of creditors for monetary commitments and (or) to fulfill the duties on taxes and fees if relevant requirements follow from its previous business activity, can be acknowledged as court insolvent in accordance with the established procedure.
When implementing procedures of insolvency of person specified in part one or the second this Article, their 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 about indemnification of life or health, about collection of the alimony, and also other requirements of personal nature. The requirements of the specified creditors which are not declared by them in such procedure are valid after insolvency completion of the procedure.
Requirements of creditors of person specified in part one or the second this Article in case of recognition by his bankrupt are satisfied according to the procedure, stipulated in Article the 56th of this Code.
The bases, procedure and consequences of recognition by court of person specified in part one or the second this Article by the bankrupt or its announcements of the bankruptcy are established by the law.
The physical person can be acknowledged as court insolvent in case of inability in full to meet requirements of creditors for monetary commitments and (or) to fulfill the duties on taxes and fees.
The bases, procedure and consequences of recognition of physical person insolvent are established by the law.
Minors aged from fourteen up to eighteen years make transactions, except for called in part three of this Article, from written consent of the parents, adoptive parents or custodians. The transaction made by such minor is valid also in case of its subsequent written approval by his parents, adoptive parents or the custodian.
Minors aged from fourteen up to eighteen years have the right independently, without the consent of parents, adoptive parents and custodians:
1) to dispose of the of earnings, grant and other income;
2) to perform the rights of the author of the work of science, literature or art, the invention or other result of the intellectual activities protected by the law;
3) according to the law to make contributions to credit institutes and to dispose of them;
4) to make the small household transactions and other transactions provided by part two of article 29 of this Code.
Minors aged from fourteen up to eighteen years independently bear property responsibility according to the transactions made by them according to parts one and the second this Article. Such minors bear responsibility according to this Code for the harm done by them.
In the presence of good causes the court according to the petition of parents, adoptive parents or the custodian or guardianship and custody body can limit or deprive of the minor aged from fourteen up to eighteen years of the right to independently dispose of the of earnings, grant or other income, except as specified, when such minor acquired capacity to act in full according to part two of Article 22 or with article 28 of this Code.
The minor who reached sixteen years can be announced sui juris if he works according to the employment contract or, with the consent of parents, adoptive parents or the custodian, is engaged in business activity.
The announcement of the minor sui juris (emancipation) is made according to the decision of guardianship and custody body with the consent of both parents, adoptive parents or the custodian or, in the absence of such consent, - by a court decision.
Parents, adoptive parents and the custodian do not bear responsibility according to obligations of the emancipated minor, in particular, according to the obligations which arose owing to causing harm by him.
For the minors who did not reach fourteen years (juveniles), only their parents, adoptive parents or guardians can make the transactions except for specified in part two of this Article from their name.
Juveniles aged from six up to fourteen years have the right to make independently:
1) small household transactions;
2) the transactions directed to non-paid receipt of benefit, which are not requiring the notarial certificate or state registration;
3) transactions on the order the means provided by the legal representative or, with the consent of the last, the third party for particular purpose or for the free order.
Property responsibility according to transactions of the juvenile, including according to the transactions made by him independently is born by his parents, adoptive parents or the guardian if do not prove that the obligation was violated not on their fault. These persons according to the law are also responsible for the harm done by juveniles.
The citizen who owing to mental disturbance (sincere disease or weak-mindedness) cannot understand values of the actions or directs them, can be recognized as court incapacitated according to the procedure, established by the legislation, and over it guardianship is established.
On behalf of the citizen recognized incapacitated transactions are made by his guardian.
If the bases owing to which the citizen was recognized as incapacitated disappeared, the court recognizes it capable and cancels the guardianship established over it.
The citizen who owing to abuse of alcoholic drinks or drugs puts the family in difficult financial position can be limited by court in capacity to act according to the procedure, established by the civil procedural legislation. Over it guardianship is established. He has the right to make small household transactions independently. Make other transactions, and also receive earnings, pension and other income and it can dispose of them only with the consent of the custodian. However such citizen independently bears property responsibility according to the transactions made by him and for the harm done to them.
If the bases owing to which the citizen was limited in capacity to act disappeared, the court cancels restriction of his capacity to act. Based on the judgment the guardianship established over the citizen is cancelled.
Guardianship and custody are established for protection of the rights and interests of incapacitated or not sui juris citizens. Guardianship and custody over minors are established also for the purpose of their education. The rights corresponding to it and obligations of guardians and custodians are determined by the legislation.
Guardians and custodians speak out in defense of the rights and interests of the wards in the relations with any persons, including in courts, without special power.
Guardianship and custody over minors 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 citizens for other reasons were left without parent care, in particular when parents evade from their education or protection of their rights and interests.
The citizen can be acknowledged according to the statement of interested persons as court is unknown absent if 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.
The property of the citizen, 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 citizens whom it is unknown absent under the law owed contain, and the tax debt is repaid and to other obligations it is unknown absent.
The guardianship and custody body can and before the expiration of one year from the date of receipt of data on the place of stay of the absent citizen to determine person for protection of its property.
Consequences of recognition of person it is unknown absent, not provided by this Article, it is determined by the law.
In case of appearance or detection of the place of stay of the citizen, acknowledged it is unknown absent, the court cancels the decision on recognition it is unknown absent. Based on the judgment property management of this citizen is cancelled.
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