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DISQUALIFICATION OF A JUDGE IN CIVIL PROCEEDINGS

The presence in the legislation of the norms on the possibility of challenging judges contributes to the correct consideration and resolution of the case, the achievement of the ultimate goals of justice and, above all, its main constitutional goal – the judicial protection of unlawfully violated or contested rights, freedoms and legally protected interests of …

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THE REPRESENTATIVE, TERMINATING THE CONTRACT, IS NOT ENTITLED TO DECIDE ON THE RETURN OF MONEY IF HE DOES NOT HAVE SUCH AUTHORITY IN THE POWER OF ATTORNEY

The plaintiff filed a lawsuit to declare the agreement on termination of the contract partially invalid, compel the defendant to withdraw the legal claim and return the documents. The plaintiff and the defendant entered into a contract for the sale of an apartment. Prior to signing the contract, the defendant paid an advance payment, the latter …

THE REPRESENTATIVE, TERMINATING THE CONTRACT, IS NOT ENTITLED TO DECIDE ON THE RETURN OF MONEY IF HE DOES NOT HAVE SUCH AUTHORITY IN THE POWER OF ATTORNEY Read More »

RIGHTS TO REAL ESTATE AND LAND AT THE CONCLUSION OF THE TRANSACTION

The transfer of a real estate object from one owner to another entails the transfer of rights to the land plot on which this object is located. Depending on the type of object, this transition is made in different ways. In some cases, the contract requires a direct indication of the land plot, while in other cases, …

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HOLIDAYS IN THE REPUBLIC OF KAZAKHSTAN

Holidays in the Republic of Kazakhstan are divided into national, state and professional. Their list is approved by law.   National holidays are holidays established to commemorate events of special historical significance that have had a significant impact on the development of Kazakhstan’s statehood. The celebration of national holidays is accompanied by official events in central and local …

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MANAGEMENT OF THE PROPERTY AND AFFAIRS OF THE DEBTOR DURING THE REHABILITATION PROCEDURE

The legislation of the Republic of Kazakhstan stipulates that within the framework of the rehabilitation procedure, any measures consistent with the legislation may be applied to an insolvent debtor, the purpose of which is to restore the solvency of the debtor. However, the question arises as to who receives the rights to manage the affairs and …

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THE PROCEDURE FOR BRINGING THE DEBTOR TO ADMINISTRATIVE RESPONSIBILITY

Often there are situations when the court decision is made in favor of the recoverer, the writ of execution for the recovery of the amount is with the bailiff, but the debtor does not execute the court decision. Is it possible to bring to administrative responsibility a debtor who does not comply with a court decision? Where …

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THE ABSENCE OF PERMITS IS NOT GROUNDS FOR REFUSING A CLAIM FOR RECOGNITION OF OWNERSHIP OF AN UNAUTHORIZED BUILDING

The plaintiff filed a lawsuit against the akimat of the city, in which he asked to recognize the ownership of the unauthorized two-story office building. The plaintiff motivated his claim by the fact that, on the basis of a sale and purchase agreement, he owns a land plot, the intended purpose of which is the construction …

THE ABSENCE OF PERMITS IS NOT GROUNDS FOR REFUSING A CLAIM FOR RECOGNITION OF OWNERSHIP OF AN UNAUTHORIZED BUILDING Read More »

PERFORMANCE OF THE CONTRACT IN CASE OF BANKRUPTCY OF ONE PARTY

Business bankruptcy cases are not uncommon in the courts of the Republic of Kazakhstan. The basis for the bankruptcy of an enterprise, as specified in the law, is the insolvency of the debtor. However, when initiating bankruptcy proceedings, the question may arise of how to deal with concluded, but not yet executed, contracts and obligations? IS THE …

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