The Civil Code of the Kyrgyz Republic regulates the civil legal relationships in the country. It covers the scope and application of civil legislation, which includes property and personal non-property relationships, as well as the rights and obligations of citizens, legal entities, and the state. The text of the Code is composed of 22 Chapters structured into the following Sections: I) General provisions; II) Ownership and other substantive rights; III) Obligations law.
OWNERSHIP AND REAL RIGHTS. Section II of the Code lays down general provisions on ownership rights, including their acquisition, termination, and protection of these rights. According to article 222, the ownership right is a right of an individual to possess, enjoy and dispose of property at his own discretion, recognized and protected by legislative acts. The owner is given the right to possess, enjoy, and dispose of his property. The right of possession is the legally secured opportunity to exercise an actual possession of property. The right of enjoyment is a legally secured opportunity to extract useful natural qualities of the property, and to gain revenue from it. The revenue can be manifested by income, accession, fruit, increase of animals, and other forms. It os worth noticing article 276 on property of farms. The property of a peasant (farming) enterprise belongs to its members on the basis of joint ownership, unless the agreement between them stipulates otherwise. Joint property of a peasant (farming) enterprise's members shall consist of the plantings in the land site, household and other constructions, repairs and other premises, productive livestock and work stock, poultry, agricultural and other machinery and equipment, vehicles, and inventory and other property purchased by the enterprise for the common money of its members. Fruits, products and revenues gained as the result of the activity of the peasant (farming) enterprise shall be considered the common property of the members of the peasant (farming) enterprise and shall be disposed of by an agreement between them.
OBLIGATIONS AND CONTRACTS. Section III is entirely devoted to obligations, which can arise: 1) from a contract; 2) as a result of creating works of science, literature, art, purchasing, and other results of intellectual activity; 3) as result of damage to another person; 4) as a result of inheriting property of a deceased citizen; 5) from other grounds specified in article 7 of the Code. This Section regulates enforcement of obligations through various means, including performance, compensation, penalty, pledge and surety.
INHERITANCE. Provisions on inheritance can be found under Chapters 62-67 of the Code. Objects of the civil rights can be freely 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. The civil code also regulates the inheritance by will and by law, the rights and obligations of heirs, the acceptance and renunciation of inheritance, and other matters related to inheritance.
WATER. According to article 129, the parcels of land, subsoil plots, the isolated water objects and everything that is firmly connected with them (buildings, constructions and other objects) are real estate. Further, the Civil Code refers to the Water Code of the Kyrgyz Republic, which is a separate law that regulates water relations in the field of use, protection and development of water resources.
OWNERSHIP AND REAL RIGHTS. Section II of the Code lays down general provisions on ownership rights, including their acquisition, termination, and protection of these rights. According to article 222, the ownership right is a right of an individual to possess, enjoy and dispose of property at his own discretion, recognized and protected by legislative acts. The owner is given the right to possess, enjoy, and dispose of his property. The right of possession is the legally secured opportunity to exercise an actual possession of property. The right of enjoyment is a legally secured opportunity to extract useful natural qualities of the property, and to gain revenue from it. The revenue can be manifested by income, accession, fruit, increase of animals, and other forms. It os worth noticing article 276 on property of farms. The property of a peasant (farming) enterprise belongs to its members on the basis of joint ownership, unless the agreement between them stipulates otherwise. Joint property of a peasant (farming) enterprise's members shall consist of the plantings in the land site, household and other constructions, repairs and other premises, productive livestock and work stock, poultry, agricultural and other machinery and equipment, vehicles, and inventory and other property purchased by the enterprise for the common money of its members. Fruits, products and revenues gained as the result of the activity of the peasant (farming) enterprise shall be considered the common property of the members of the peasant (farming) enterprise and shall be disposed of by an agreement between them.
OBLIGATIONS AND CONTRACTS. Section III is entirely devoted to obligations, which can arise: 1) from a contract; 2) as a result of creating works of science, literature, art, purchasing, and other results of intellectual activity; 3) as result of damage to another person; 4) as a result of inheriting property of a deceased citizen; 5) from other grounds specified in article 7 of the Code. This Section regulates enforcement of obligations through various means, including performance, compensation, penalty, pledge and surety.
INHERITANCE. Provisions on inheritance can be found under Chapters 62-67 of the Code. Objects of the civil rights can be freely 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. The civil code also regulates the inheritance by will and by law, the rights and obligations of heirs, the acceptance and renunciation of inheritance, and other matters related to inheritance.
WATER. According to article 129, the parcels of land, subsoil plots, the isolated water objects and everything that is firmly connected with them (buildings, constructions and other objects) are real estate. Further, the Civil Code refers to the Water Code of the Kyrgyz Republic, which is a separate law that regulates water relations in the field of use, protection and development of water resources.
Unofficial English translation.
Title:
Civil Code of the Kyrgyz Republic.
Country:
Kyrgyzstan
Type of document:
Legislation
Files: