Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8361
TABLE of CONTENTS part I General provisions SECTION 1. The MAIN PROVISIONS Of SECTION II. PERSONS SECTION 3. Transactions and MISSION SECTION 4. TIMELINE PART 2. PROPRIETARY (property) SECTION 1. PROPERTY SECTION 2. SECTION 3 OWNERSHIP. PROPERTY SECTION 4. PUBLIC REGISTER of PART 3. CONTRACT LAW SECTION 1. GENERAL PROVISIONS on the OBLIGATIONS of Section 2. Certain types of obligations, Section 3. Liability relations by law, Section 4. Tort obligations PART 4. INTELLECTUAL PROPERTY LAW SECTION 1. GENERAL PROVISIONS SECTION 2. The EXCLUSIVE RIGHT of SECTION 3. LICENSE AGREEMENT SECTION 4. The COLLECTIVE MANAGEMENT of ECONOMIC RIGHTS SECTION 5. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS PART 5. Inheritance Law Section 1. General provisions Section 2. Inheritance by law Section 3. Testamentary Section 4. Form probate Section 5. Podnaznačenie heir to the Section 6. A mandatory percentage of Section 7. Legacy Section 9. Execution of wills Section 10. Acceptance of the inheritance and the rejection of his adoption of Section 11. Section inheritance Section 12. Satisfaction of creditors, heirs of Section 13. Protection of inheritance Section 14. Certificate of inheritance, CIVIL CODE of TURKMENISTAN, part i. GENERAL PROVISIONS SECTION 1. THE MAIN PROVISIONS OF
CHAPTER 1. CIVIL LEGISLATION
Article 1. Basic principles of civil law
1. Civil legislation is based on the recognition of the equality of the parties regulated them relationships, inviolability of property, freedom of contract, the inadmissibility of arbitrary interference by anyone in private affairs, the need for unhindered exercise of civil rights, provide redress, their judicial protection.
2. Natural and legal persons are free to establish on the basis of the Treaty of their rights and obligations, and identify any contractual terms, if they are not contrary to law.
Civil rights may be restricted only by law in order to protect morality, health, rights and lawful interests of other persons, society and State security, protection of the environment Wednesday.
3. Products, services and financial resources move freely throughout the territory of Turkmenistan.
Restrictions on the movement of goods, services and funds can be entered in accordance with the law.
Article 2. Relations regulated by civil legislation
1. civil legislation defines the legal status of parties to civil law relations, the basis of and procedure for the exercise of the right of ownership, regulates contractual and other obligations, as well as other property and associated personal non-property relations.
Family, housing, labour relations, relations on use of natural resources and environment protection Wednesday, meet the grounds specified in the first subparagraph of this paragraph shall be governed by the civil law, if special legislation provides otherwise.
2. Relations connected with the implementation and protection of inalienable human rights and freedoms and other intangible benefits are regulated by civil legislation unless otherwise follows from the nature of these relations.
3. the subjects of civil legal relationships can be individuals, legal entities and the State. This rule applies to Turkmen citizens, foreign citizens and persons without citizenship as working and not entrepreneurs.
Business is self, performed at one's own risk, aimed at systematically deriving a profit from the use of property, sale of goods, performance of works or provision of services to individuals.
4. civil legal relationship of State bodies and organizations with individuals and legal entities are governed by civil law, if the relationship should not be regulated by other legislation.
Article 3. Acts of civil legislation 1. Civil legislation consists of this code, other laws and other normative legal acts, regulating relations referred to in article 2 of this code.
2. Statutory normative legal acts are applied to regulate civil relations only in cases where they are not contrary to law.
Article 4. Effect of civil legislation in time
Acts of civil legislation shall not have retroactive force and shall be applied to relations arisen after putting them into action.
The Act applies to relationships arising prior to its launch, only in the cases expressly provided for by law.
Article 5. The customs of business
1. Custom business turnover situation is recognized and widely used in any field of business conduct rule, not provided for by law, regardless of whether it is recorded in a document.
2. Customs of trade, contrary to mandatory for parties to the relationship with the provisions of the law or treaty shall apply.
Article 6. Application of civil legislation by analogy
1. In cases where the envisaged in paragraphs 1 and 2 of article 2 of this code, the relationship is not directly regulated by legislation or agreement of the parties and there is no applicable thereto custom business turnover to such relations, if not contrary to fact, the rule of civil law, regulating similar relations (analogy).
2. In case of impossibility of use of analogy Act in such cases, the rights and obligations of the Parties shall be determined on the basis of general principles and sense of civil legislation (analogy).
3. the Court may not refuse in the administration of Justice in civil matters in cases, if there is no rule of law or it is not clear.
4. it is not allowed to use similar rules restricting civil rights and responsibilities.
Article 7. Civil law and international treaties
If an international treaty to which Turkmenistan stipulates other rules than those stipulated by civil legislation, rules of the international treaty shall apply.
CHAPTER 2. The EMERGENCE of civil rights and obligations, implementation and PROTECTION OF CIVIL rights, article 8. Basis of civil rights and obligations
Civil rights and obligations arise from the bases provided by legislation, as well as of the actions of individuals and legal entities, which, although not provided for them, but because of general principles and sense of civil legislation give rise to civil law rights and duties.
In accordance with the civil law rights and duties arise: a) of contracts and other transactions contemplated by the law, as well as contracts and other transactions, though not stipulated by law, but did not contradict it;
b) from the acts of the State bodies and local self-government bodies, which are provided by law as the basis of civil rights and obligations;
in) from the judgement that created the civil rights and obligations;
g) as a result of the creation and acquisition of property on the grounds not prohibited by law;
d) due to the creation of works of science, literature, art, inventions and other results of intellectual activity;
e) as a consequence of causing harm to another person;
f) as a result of unjust enrichment;
w) due to the action of individuals and legal entities;
and) due to events with which legislation binds the onset of civil-law consequences.
Article 9. The exercise of civil rights
1. Natural and legal persons at its discretion exercise their civil rights.
2. denial of natural and legal persons from exercising rights belonging to them shall not entail termination of these rights except in the cases prescribed by law.
3. subjects of civil legal relationships are required to conscientiously carry out their rights and obligations, not to cause their actions (inaction) of harm to others.
4. In the case of non-compliance with the requirements under paragraph 3 of this article, the Court may deny a person the protection of the rights belonging to it.
5. In cases where the law puts the protection of civil rights dependent on whether these were the right to reasonably and in good faith, integrity and reasonableness of participants of civil legal relationships.
Article 10. Judicial protection of civil rights
1. Protection of the violated or disputed civil rights conducts Court, commercial court, the arbitral tribunal (hereinafter the Court) jurisdiction over cases in accordance with established procedure or contract.
2. A statute or contract may provide for the settlement of the dispute between the parties before going to court.
3. the protection of civil rights in the administrative procedure shall be carried out only in cases specified by law. Decision in administrative procedure may be appealed in court.
Article 11. How to protect civil rights
Protection of civil rights is carried out by: a) the recognition of the right;
b) restoring the situation that existed before the violation of the law and punish acts that violate or threaten the right of its violation;
in recognition of agreement as invalid) and applying the consequences of invalidity;
g) annulment of an act of a State agency or local government;
d) award to the performance of duties in kind;
e) self-defense civil rights;
w) recover a penalty;
and compensation of moral harm);
k) termination or alteration of legal relations;
l) applied by an act of a State agency or local government that is contrary to law;
m) in other ways provided for by law.
Article 12. Invalidation of an act not in conformity with the legislation of an act of a State body or local self-government body, violates civil rights and legally protected interests of the person or entity is not valid from the moment of its acceptance.
In the case of recognition of such act null and void by the court violated right shall be subject to recovery or protection by other means provided for in article 11 of this code.
Article 13. Self-protection of civil rights is allowed self-defense civil rights.
Ways of self-protection must be proportional to the violation and must not go beyond the actions needed to prevent or halt if the assistance of the competent authorities at the time.
Article 14. Damages
1. a person whose right has been violated may demand full compensation for losses suffered. Is invalid based on the preliminary agreement waiver of damages.
2. Under the loss refers to the expenses that a person whose right is infringed, bear or shall bear in order to restore the infringed right, loss of or damage to his property (actual damage), as well as lost income that the person would have received under normal conditions of civil turnover if his right had not been violated (loss of profit).
If the person has violated law, received as a consequence of this income, the person whose right has been violated, has the right to demand compensation, along with other damages for loss of profits in the amount of not less than such income.
Article 15. Protection of moral rights and other nonmaterial values
Personal nonproperty rights and other nonmaterial values protected in cases and procedure stipulated by the present code and other statutes, as well as in those cases, and the extent to which the use of methods to protect civil rights follows from the nature of the infringed right and the nature of the consequences of that breach.
Article 16. Protection of honor, dignity and business reputation 1. Natural or legal person has the right to demand besmirch his honour, dignity or business reputation of the information unless the person such information proves that they are untrue.
On the request of interested persons allowed protection of honour and dignity of the individual and after his death.
2. If the information discrediting honour, dignity or business reputation of an individual or a legal entity, circulated in the media, they must be refuted in the same mass media.
If the information contained in document that comes from the Organization, such document is subject to change or withdrawal.
The procedure of a refutation in other cases shall be established by the Court.
3. A natural person or a legal person in respect of whom the media published information affecting his rights or interests protected by law, has the right to publish his response in the same media.
4. If the Court decision is not met, the Court may impose upon intruder fine Yen in the amount and according to the procedure stipulated by the procedural legislation in the State. Payment of the fine does not absolve an infringer of the obligation to comply with the stipulated by the decision of the court action.
5. A natural or legal person against whom common defaming his honor, dignity, or business reputation, right alongside with a refutation of such information, claim damages and compensation of moral damage, caused by their dissemination.
6. If you cannot identify the person extending the information discrediting honour, dignity or business reputation of an individual or a legal person, the person to whom such information is disseminated, may apply to the Court for recognition of a common information untrue.
Article 17. Protection of the right to own image
No one has the right to publish and disseminate the published image of a person without the consent of that person. Such consent is not required in cases where the publication and dissemination of images associated with the requirements of the Court, bodies of inquiry and investigation, when photographing or otherwise getting the picture was in a public setting, as well as in other cases provided by law.
Consent to publish and distribute its images assumes if the display face pozirovalo for a fee.
Article 18. The right to protection of personal privacy
1. A natural person has the right to protection of privacy: secrecy of correspondence, diaries, notes, briefs, intimate life, birth, adoption, medical or lawyer secret, secrecy, etc. the disclosure of personal privacy is possible only in the cases prescribed by law.
2. Publication of the diaries, notes, memos, etc. is allowed only with the consent of their author, and letters with the consent of their author and addressee. In the event of the death of any of them, these documents can be published with the consent of the surviving spouse and children of the deceased, later-with the agreement of the other downstream descendants.
SECTION II. PERSONS CHAPTER 1. PHYSICAL PERSONS
Article 19. The notion of an individual within individuals refers to Turkmen citizens, foreign citizens, and persons without citizenship.
Article 20. The legal capacity of a natural person
1. The capacity to have civil rights and duties (civil legal capacity) is recognized in equal measure for all individuals.
2. a natural person's legal capacity arises at the time of his birth and ends with death.
3. The right to inherit arises at the moment of conception; its implementation depends on the birth.
Article 21. Name of the natural person
1. An individual acquire and exercise rights and obligations under his own name, including the name and actual name, and, upon his request, unless otherwise follows from the law or national custom.
In the cases and pursuant to procedure provided by law, an individual can use a pseudonym (made-up name).
2. A natural person has the right to change its name in accordance with the procedure established by law. Change an individual name is not grounds for termination or changes his or her rights and obligations acquired under the previous name.
A natural person is obliged to take the necessary steps to notify its debtors and creditors about the change of its name and bears the risk of the consequences caused by these persons lack information about changing his name.
A natural person, the name peremenivšee has the right to demand the amendment at its own expense, appropriate changes in documents issued in his name.
3. a natural person, the name given at birth, as well as the name change is subject to registration in accordance with the procedure established for registration of acts of civil status.
4. Acquisition of rights and responsibilities under the name of another person is not permitted.
Article 22. Place of residence of a natural person
1. the place of residence is the place where an individual permanently or primarily lives.
2. The place of residence of minors under the age of fourteen years or persons under guardianship is the place of residence of their parents, adoptive parents or guardians.
3. Place of residence is not lost if a person compulsorily or for the execution of public duties have to be absent for a certain period of time in this place.
Article 23. The legal capacity of a natural person
1. the capacity of physical persons on their own and to acquire civil rights and exercise them and to create civil duties for oneself and fulfil them (civil legal capacity) comes fully into effect only when a person reaches majority, i.e. upon reaching the age of 18.
2. In the case where the law allows marriage before the age of 18 years, a person who has not attained the age of 18 acquires full legal capacity from the time of entry into marriage.
Legal capacity acquired by marriage, is retained in full and in the event of dissolution of the marriage before the age of 18 years.
In recognition of the marriage invalid the Court may decide on the loss of the minor spouse of full legal capacity from the time determined by the Court.
3. minors under the age of seven years old (young) are incapacitated.
Article 24. Inadmissibility of deprivation and restriction of passive and active capacity of 1. A natural person may not be deprived of legal capacity.
2. No one may be restricted in the passive and active capacity, except in the cases and procedures stipulated by law.
3. Failure to comply with the statutory conditions and procedures restricting the legal capacity of natural persons or of their right to engage in entrepreneurial or other activity shall entail the invalidity of an act of a State or other authority, setting out the corresponding constraint.
4. Full or partial refusal of the physical person of legal capacity or competence and other transactions directed at restricting the legal capacity or competence are null and void.
Article 25. Limited active legal capacity of minors
1. minors aged between 7 and 18 years have limited dispositive capacity.
2. For the validity of a transaction effected by a person of limited dispositive capacity requires the consent of his legal representative, except when restricted transaction receives full benefits.
Article 26. Recognition of the physical person incapacitated
1. A natural person who due to mental disorders (mental illness or dementia) may not understand the significance of his actions or control them may be recognized incapable by court. Guardianship is established over him.
2. On behalf of physical persons recognized incapable, transaction and commits his guardian.
3. If the grounds upon which an individual was recognized as incapacitated, have ceased to exist, the Court recognized its competence. On the basis of a court decision cancelled installed over it guardianship.
Article 27. Restricting the legal capacity of natural persons
1. A natural person who as a result of abuse of alcoholic beverages or narcotic substances puts his family in a difficult material situation, can be limited by a court in dispositive capacity. Guardianship is established over him. Such person shall have the right to conclude transactions on the disposition of the property, receive and administer payroll, pension or other income only with the consent of the trustee, except for minor deals everyday nature.
2. If the grounds upon which an individual was limited in dispositive capacity no longer exist, the Court cancels the limiting his dispositive capacity. On the basis of a court decision cancelled set on an individual.
Article 28. Business activity of a natural person
1. A natural person has the right to engage in business activity without establishment of legal entity.
2. the business activities of individuals, carried out without formation(education) of the legal person, the rules of the present Code shall be applied correspondingly, which regulate the activity of legal persons.
Article 29. Liability of natural person
A natural person is liable for its obligations with all property belonging to him, except for assets that according to law may not be levied.
List of individuals that may not be levied, shall be established by the civil procedure law.
Article 30. Insolvency (bankruptcy) of an individual entrepreneur
1. An individual entrepreneur who is unable to meet the demands of creditors, related to the implementation of them, entrepreneurship may be declared insolvent (bankrupt) by court decision.
2. When carrying out the procedure for the recognition of an individual entrepreneur bankrupt his creditors on obligations that are not related to the implementation of business activity, they also have the right to assert their claims. Requirements of these lenders, is not alleged in this order shall remain in force after the completion of the bankruptcy of an individual entrepreneur.
3. Satisfaction of creditors ' claims in the event of a sole proprietorship, recognition of its insolvent (bankrupt) is carried out at the expense of the property belonging to him, which may be levied, in the following order: first, claims of individuals to whom the entrepreneur is responsible for causing harm to life or health, through capitalization of the respective periodic payments, as well as the requirement to recover alimony;
secondarily-calculations of severance allowances and remuneration of persons working under a labor agreement, but for no more than three months;
in the third priority, claims of creditors secured by pledge of property belonging to the private entrepreneur;
in fourth place is repaid the debt on obligatory payments to the budget and off-budget funds;
in the fifth priority calculations with other creditors in accordance with the law.
Creditors ' claims of each priority shall be satisfied after satisfaction of the claims of creditors of the previous turn.
4. After the completion of settlements with creditors an individual entrepreneur, recognized bankrupt is exempt from execution of the remaining liabilities associated with its business activities, and other claims presented and recorded while recognizing the entrepreneur bankrupt.
Remain valid requirements of natural persons before whom a person is declared bankrupt, is responsible for causing harm to life or health, as well as other requirements of a personal nature.
5. The grounds and procedure for the recognition by the Court of an individual entrepreneur insolvent (bankrupt) or declare them its insolvency (bankruptcy) are established by the law on Insolvency (bankruptcy).
6. By decision of a court person declared bankrupt may be forbidden to engage in entrepreneurial activity within a certain period of time which may not exceed the maximum period established by the law on Insolvency (bankruptcy).
Article 31. Guardianship and curatorship
1. guardianship and curatorship shall be established to protect the rights and interests of legally incompetent or of limited dispositive capacity of individuals.
2. guardians and curators Act in protecting the rights and interests of their wards in relations with any persons or organizations, including in courts, without special powers.
3. guardianship and curatorship over minors shall be established by individuals, in the absence of parents or adoptive parents, deprivation of parental rights the Court, as well as in cases when such individuals for other reasons have been left without parental care, in particular when parents shirk their upbringing or protection of their rights and interests.
Article 32. Ward
1. guardianship is established over the incapacitated individuals.
2. guardians are members of the trust in the force of law and committed on their behalf and in their interests all the necessary transactions.
Article 33. Guardianship
1. Guardianship is established over partially capable individuals.
2. the Trustees agree to commit those transactions that are physical persons who are in custody, has no right to make independently.
The trustees have trust assistance in exercising their rights and duties, as well as protect them from abuse by third parties.
Article 34. Tutorship and guardianship
1. the authorities responsible for tutelage and guardianship are the local organs of self-government, and in localities where they do not exist-hakims districts or cities.
2. the Court is obliged, within three days from the time of the entry into force of the decision on recognition of the physical person of unsound mind or on limiting his dispositive capacity to inform the authority of guardianship and curatorship at the place of residence of such physical entity to establish guardianship or curatorship over him.
3. the Agency of guardianship and curatorship at the place of residence of the trust oversees their guardians.
Article 35. Guardians and curators
1. Guardians and curators can only be assigned adult capable individuals. May not be appointed as guardians and curators of individuals deprived of their parental rights.
2. a guardian or curator may be appointed only with his consent. This should take into account its moral and other personal qualities, the ability to perform the duties of a guardian or trustee, relations existing between him and the person needing guardianship or curatorship, and if this is possible-and the desire of the ward.
3. a guardian or curator shall be appointed by the Agency of guardianship and curatorship at the place of residence of the person needing guardianship or curatorship, within one month from the date when the specified authorities became aware of the need to establish custody or guardianship of a natural person. If there are notable circumstances, the guardian or curator may be appointed by the Agency of guardianship and curatorship at the place of residence of the guardian (Trustee). If the person needing guardianship or curatorship within a month is not assigned a guardian or trustee, guardian or custodian duties temporarily is vested in the Department of custody and guardianship.
The appointment of a guardian or curator may be appealed in court.
4. Guardians and curators of individuals needing guardianship or curatorship and located or placed in educational, medical institutions, population social protection and other similar institutions, are these institutions.
Article 36. Execution of the guardians of their duties
1. tutorship and guardianship responsibilities are performed free of charge. Tutors and guardians are entitled to demand compensation for the costs associated with the performance of the duties of tutorship and guardianship.
2. guardians and curators of minors of natural persons are obliged to live with their wards. Separation of trustee with the ward who have reached the age of sixteen years is allowed with the permission of the Department of custody and guardianship, provided that this does not impact adversely on the upbringing and protection of the rights and interests of the ward.
Guardians and curators are obligated to notify the tutorship and guardianship agencies of the change of residence.
3. Guardians and curators are obligated to take care of the maintenance of their wards, to ensure their care and treatment, to advocate their rights and interests.
Guardians and curators of minors should take care of their education and upbringing.
4. the duties specified in paragraph 3 of this article shall not be vested in the Board of Trustees of adult individuals, limited by a court in dispositive capacity.
5. If the grounds upon which an individual was recognized as incapable or of limited dispositive capacity as the result of abuse of alcoholic beverages or narcotic substances, have ceased to exist, the guardian or trustee is obliged to apply to the Court for recognition of the ward as having dispositive capacity and withdrawing guardianship or curatorship from him.
Article 37. The disposal of the property of the ward
1. The income of the ward of the physical person, including income due to the ward from the management of his property, except for income, which Ward has the right to administer themselves, a guardian or trustee is spent solely in the interests of the ward and with the prior approval of the Department of custody and guardianship.
Without prior approval of the Department of custody and guardianship, the guardian or curator may make necessary for keeping the ward expense amounts owed to the ward as his income.
2. a guardian may not without the prior approval of the Department of custody and guardianship, and the trustee agree to conduct transactions on carve-out, including Exchange or donation of the property of the ward, letting it for hire (rent), charge or pledge, transactions involving the renunciation of owned by the ward of rights section of his property, or separation of its share, as well as any other transactions entailing the reduction property of the ward.
The management of the property of the ward shall be determined by law.
3. a guardian, trustee, their spouses and next of kin may not make deals with players, with the exception of the transfer of property to the ward as a gift or free of charge, as well as to represent the ward in transactions or litigation between trust and a spouse of a guardian and their close relatives.
Article 38. Trust management of the property of the ward
1. If necessary, the ongoing management of real and valuable movable property of the ward the Agency of guardianship and curatorship shall conclude with the Governor, identified the body of trust property. In this case, a guardian or curator retains its powers in respect of the property of the ward, which is not transferred to the trust.
When exercising the powers of the Manager of the property management of the Ward Manager is subject to the rules provided by paragraphs 2 and 3 of article 37 of the present code.
2. Trust managing the property of the ward shall be terminated on the grounds provided by law for the termination of the trust property, as well as in cases of termination of guardianship and curatorship.
Article 39. Release and removal of guardians from the discharge of their responsibilities 1. The guardianship and tutorship agency releases a guardian or curator from performing his duties in cases of return the minor to his parents or his adoption.
When you place the ward in appropriate educational, therapeutic institution, the institution of social protection or other similar establishment of the guardianship and tutorship agency releases earlier appointed guardian or curator from performing his duties, if it is not contrary to the interests of the ward.
2. If there are compelling reasons (illness, change in financial status, the lack of mutual understanding with the ward, etc.), the guardian or curator may be released from the performance of his duties at his request.
3. In cases of improper performance of a guardian or trustee of its responsibilities, including its use of guardianship or curatorship for commercial purposes or upon leaving the ward without supervision and assistance, the Agency of guardianship and curatorship may remove a guardian or curator from performing these duties and take the necessary measures to bring the perpetrator to the liability established by law.
Article 40. Termination of guardianship and curatorship
1. guardianship and curatorship over adult individuals shall be terminated in cases the Court decision declaring the ward as having dispositive capacity or lifting his dispositive capacity upon application by a guardian, trustee or the Department of custody and guardianship.
2. when the minor players age seven years custody over him is terminated and the person overseeing the duties of guardian becomes the guardian of a minor without a further decision on this.
3. Curatorship over minors shall be terminated without a special decision on the minor Ward eighteen, as well as with its entry into marriage (article 23, para. 2) and in other cases acquired full legal capacity before reaching the age of majority.
Article 41. Patronage over capable individuals
1. at the request of an adult capable of the physical person, which for health reasons is not able to exercise and protect their rights and duties, it can be set in the form of guardianship of patronage.
2. Custodian (Assistant) adult capable physical person can be appointed by the tutorship and guardianship agency only with the consent of the person.
3. Disposal of property belonging to the adult ward who, curator (or helper) is carried out on the basis of the agency contract or fiduciary management agreement with ward. Commit everyday and other transactions aimed at the content and the satisfaction of everyday needs of the ward, its curator (or helper) with the consent of the ward.
4. Patronage over an adult capable natural person, established in accordance with paragraph 1 of this article shall terminate upon the request of the natural person who is under patronage.
Trustee (Assistant) of the natural person who is under patronage shall be exempt from discharging his obligations in the cases provided for in article 39 of this code.
Article 42. Recognition of the physical person missing
A natural person may be request of interested persons declared by a court to be missing when his whereabouts were unknown throughout the year in the place of his residence there is no information on its seat.
If it is impossible to set a date for the latest information about the missing beginning of calculating the time limit for acceptance as absence is considered the first day of the month following the order in which received the latest information about the missing, and if you cannot install this month-the first Turkmenbashi next year.
Article 43. The effects of recognition of a physical person as missing
1. the property of a natural person declared missing, if necessary, permanent control over it is transmitted on the basis of a court decision to a person who is determined by the tutorship and guardianship agency and operates on the basis of the Treaty on the trust management contract with that body.
Of the property is given content persons untraceable and must have paid off the debt of other obligations of the missing.
2. The Department of custody and guardianship can and before the expiration of one year from the date of receipt of the information on the location of the missing person to appoint the managing his assets.
3. The effects of recognition of a person as missing, not provided for in this article shall be determined by law.
Article 44. Cancellation of the decision on recognition of the physical person missing in case of the appearance or detection of the seat of a natural person declared missing, the Court cancels the decision on recognizing him untraceable. On the basis of a court decision cancelled property management of that person. The right to claim compensation benefits received as a result of proper management, it has not, however, have the right to demand compensation for damage resulting from improper management.
Article 45. Declaration of physical person dead
1. A natural person can be declared dead by a court, if the place of his residence there is no information on its seat for a period of five years and if it disappeared under circumstances threatening death or giving a basis to assume his death from a specific accident, within six months.
2. soldier or other physical person missing in connection with military actions can be declared dead by a court not earlier than after three years from the date of the end of hostilities.
3. The day of death of the natural person who has been declared dead, is considered to be the date of entry into force of the court verdict declaring him dead. In the case of a physical person dead, disappeared under circumstances threatening death or giving reason to believe his death from a specific accident, the Court can recognize the day of death of the natural person the date of his alleged death.
Article 46. Consequences of the appearance of a natural person declared dead
1. In case of the appearance or detection of the seat of the natural person who has been declared dead, the Court cancels the decision declaring him dead.
2. Regardless of the time of his appearance before an individual may require from any person the return of the remaining property which is free of charge to the person after the announcement of the physical person dead, except as provided by paragraph 2 of article 211 of this code.
3. Persons to whom the property of a natural person declared dead went under compensated transactions shall be obliged to return the property, if it is proved that, buying property, they knew that a person declared dead, is alive. If you are unable to return such property in kind, its value shall be compensated.
4. If the property is declared dead persons had been transferred to Treasury and implemented it, after the cancellation of a court decision declaring that person dead in one month, returns the amount received from the sale of property.
Article 47. Registration of acts of civil status
1. the following acts are subject to state registration of civil status: a) birth;
d) establishing paternity;
e) change of name;
f) death of a natural person.
2. Civil registration is made of civil status acts by making the appropriate entries in the books of registration of civil status (function) and the issuance of certificates on the basis of these records.
3. correction and change of civil status records produced the civil registration authority if warranted and absence of a dispute between the stakeholders.
In case there is a dispute between persons concerned either denial of civil registry fixes or changes to the record, the dispute shall be settled by the Court.
Cancellation and restoration of civil status records produced the civil registry authority based on the Court decision has entered into force.
4. the bodies carrying out registration of acts of civil status, procedure for registration of these acts to change, recovery and cancellation of vital records, books and registers the form of certificates, as well as the order and terms of storage registers books shall be determined by law.
CHAPTER 2. LEGAL PERSONS
§ 1. General provisions Article 48. The notion of legal persons 1. A legal person is an organization that owns separate property and is liable for its obligations with this property, may, on its own behalf acquire and exercise property and personal non-property rights, bear responsibilities, act as a plaintiff and defendant in court.
2. State participates in civil matters as a legal entity. The State shall exercise its authority.
Legal entities formed by the State, participate in civil relations on an equal footing.
Article 49. Legal capacity of a legal person
1. A non-entrepreneurial legal entity entitled to exercise an activity corresponding to objectives and its founding documents.
Entrepreneurial legal entity entitled to exercise any activities not prohibited by law.
Some activities, the list of which shall be determined by law, legal persons may be carried out only on the basis of a special permit (license). The right to exercise such activity by a legal entity arises from the moment of receipt of permission (license).
2. Legal capacity of a legal entity arises from the moment of its State registration and terminated in the end of registration.
3. a legal person may be restricted in rights only in cases and in the manner provided by law.
Article 50. Entrepreneurial legal entities
Business are legal entities whose task is business (commercial) activities with a view to profit. Entrepreneurial legal entities are created in accordance with the law.
Article 51. Non-entrepreneurial legal entities
1. Nepredprinimatel′skimi are legal entities, which is not a business (commercial) activities with a view to profit. Entrepreneurial activity is subsidiary in nature, does not alter the nature of a non-entrepreneurial legal entity. Non-entrepreneurial legal entities are created in the form of public organizations and foundations.
2. a legal person is a public organization, if the overall aim before ourselves put some of its existence does not depend on changes of members in its composition. To establish public organizations must be not less than five members.
3. a legal person is a Fund where one or several founders in order to achieve the common goals of socially useful pass special property to the ownership of the independent entity that has no members.
Article 52. State registration of legal persons
1. a legal person is subject to state registration in the manner prescribed by law. State registration data, including for commercial organizations-brand name are included in the unified State Register of legal entities, open to public inspection.
A refusal of State registration, as well as the avoidance of such registration may be appealed in court.
2. a legal person shall be considered created from the moment of its State registration.
Article 53. The constitutive documents of legal person
1. a legal person shall act on the basis of the constituent documents.
Memorandum of Association of the legal person is, and the Charter is approved by its founders (or participants).
A legal entity established in accordance with this code by a single founder, operates on the basis of the Charter, approved by this founder.
2. In the Charter and other constituent documents of a legal entity should be determined by the name of a legal entity, its location, the procedure for the management of a legal entity, and also contain other information stipulated in the law on legal persons of that kind.
In the memorandum, the parties (founders) govern the establishment and activity of the legal person, the terms of the transfer of his property and participation in its activities. The Treaty also establishes the conditions and procedure for the allocation of profits and losses among participants, management of a legal person, the founders (participants) of its composition. In a memorandum on the agreement of the founders can be included and other conditions.
3. Change of constituent documents receive effective for third parties from the moment of State registration, and in cases stipulated by law, the notification authority responsible for the State registration of such changes. However, legal persons and their founders (participants) is not entitled to rely on the lack of registration of such changes in relations with third parties, acting in the light of these changes.
Article 54. The bodies of a legal person
1. a legal person acquires civil rights and assume civil obligations through their bodies, acting in accordance with the law and founding documents. Procedure for appointing or electing bodies of a legal person shall be determined by the legislation and constituent documents.
2. a person who, by virtue of the law or constituent documents of a legal entity acts on his behalf must act in the interest of the legal person in good faith and reasonably.
Article 55. The name and location of the legal entity
1. a legal person has its own name, containing an indication of its organizational-legal form.
2. The seat of the legal person is considered to be the location of his administration. A legal person may have only one location (legal address). Different location of a legal entity is considered to be the location of the branch.
3. Name and location of the legal person shall be indicated in its founding documents.
4. a legal person that is a commercial organization, should have the brand name.
Legal person, brand name which is registered in accordance with the established procedure, has the exclusive right to use it.
The registration and use of trade names shall be determined by the legislation in accordance with this code.
A person who unlawfully uses someone else's registered brand name, at the request of the holder of the rights to the brand name is obliged to stop using it and recover damages.
Article 56. Representative offices and branches
1. a representative office is a separate subdivision of a legal person located outside the place of its location and performs protection and representation of interests of a legal person who commits on its behalf transactions and other legal actions.
2. Affiliate is a separate subdivision of a legal person located outside the place of its location and performs all or part of its functions, including the function of representation.
3. Representative offices and branches are not legal entities. They are given a property created their legal entity and operate on the basis of regulations approved by it.
Heads of representative offices and branches of a legal entity are assigned and operate on the basis of his power of attorney.
§ 2. GENERAL RULES on PUBLIC ORGANIZATIONS and foundations Article 57. Registration of public organizations and foundations
1. public organizations and foundations, starting out as a legal entity from the moment of registration. Registration of public organizations and funds the Ministry of Adalat. Procedure for registration of public organizations whose political or other public purposes (political parties, religious organizations, trade unions, etc.) is determined by special laws.
2. The right to request registration takes place, if the Charter complies with the law and the purpose of the registration of a legal entity do not contravene existing legislation, accepted moral standards or the constitutional principles of Turkmenistan. Appointment of property funds must comply with the intended purpose.
3. To register the required signed by all the founders and Board members of the petition and Charter.
4. Ministry of Adalat should take the decision on registration, within one month from the date of submission of the application.
5. Refusal of registration shall be valid, allow the appeal and order it. Refusal may be appealed in court.
(As amended by the law of Turkmenistan dated October 21, 2003-statements of the Mejlis of Turkmenistan, 2003 г. № 4, art. 36) article 58. The Charter of public organizations and funds 1. Organization and structure of public organizations and foundations are regulated by the Charter.
2. The Statute should contain: (a)) the purpose of the activity;
in) location (legal address);
g) procedure for the liquidation and distribution of property;
d) the names of all Board members, the place and date of birth and place of residence, the designation of Board meetings and decision-making;
e) powers of members of the public organization (Foundation).
3. the statutes may also contain: (a)) other functions of management and control authorities;
b) powers meeting of members of the public organization.
4. For funds, except for the ones specified in paragraph 2 of this article, the Statute should contain: (a)) minimum size and kind donations;
b) instructions on the use of funds.
5. The Statute must be certified by a notary.
Article 59. Registration data 1. Registration includes the following data: name of legal entity and its location, the purpose of its activities, the date of the adoption of the Charter, the identity of the founders, the identity of the members of the Board and possible restrictions of their powers of representation.
2. Registration data to be published.
3. any person shall have the right to acquaint themselves with the records in the registry and require written statements.
Article 60. Registration of changes Changes facts that are subject to registration, should be immediately submitted to the Ministry of Adalat in certified Board form. They are entered in the register and published.
(As amended by the law of Turkmenistan dated October 21, 2003-statements of the Mejlis of Turkmenistan, 2003 г. № 4, art. 36) article 61. State control over the activities of public organizations and funds 1. State control over the legality of the activities of public organizations and funds by the Ministry of Adalat.
2. Ministry of Adalat unregisters if public organization or Fund mainly shifted to entrepreneurial activity or the implementation of statutory objectives becomes impossible.
(As amended by the law of Turkmenistan dated October 21, 2003-statements of the Mejlis of Turkmenistan, 2003 г. № 4, art. 36) Article 62. Leadership and mission 1. The right guidance to members of the Board and, in some cases, special representatives. It is their duty and at the same time.
2. the limits of leadership are determined in accordance with the objectives of the Charter of a public organization or Foundation.
3. the statutes may provide for the powers of one person alone to do business or to establish joint leadership of two or more persons.
4. the Charter could include a list of actions, the implementation of which requires the consent of the other oversight bodies.
Article 63. The competence of the Board of Directors in relations with third parties 1. The Board is a public organization or Foundation in relations with third parties. The Statute should contain provisions on whether authorized to represent the person acting individually or jointly by several or all of them together.
2. the Charter may be limited powers of representation. These limits are effective for third parties only when they are registered in the register, except where the third party knew about these restrictions.
3. the statutes may provide for the appointment of a special representative of a public organization or Foundation. The Charter should be regulated limits of powers of representation and its form, which is also subject to registration.
Article 64. Responsibility 1. Public organization and the Fund are liable for damage caused to third parties as a result of such actions of Board members or other representatives in the performance of their duties, which have the obligation to compensate the damage.
2. Authorized the mission should conduct business in good faith. If there is a violation of the duties they are accountable to the public organization or Fund for damages. Denial of injury claim is invalid, if it is necessary for satisfaction of the claims of third parties.
3. the obligations of a public organization or fund their members do not incur liability. Also not responsible public organization and Foundation for the obligations of its members.
Article 65. Dissolution and liquidation of a public organization or Fund 1. Public organization and the Fund shall be liquidated and ceased its activities in Charter cases, achievement or failure to achieve the goal, cancellation of registration by the Ministry of Adalat.
2. In case of liquidation shall be completed, current business requirements, defined in monetary terms of the remaining assets, creditors are satisfied and the remaining property is distributed among eligible persons.
3. authorized to take property can be defined in the Charter. In the absence of such a definition, Ministry of Adalat discretion passes the remaining property to one or more voluntary organizations or foundations with the same or a similar purpose, that of the liquidated public organization or Foundation. In the absence of such organizations may be resolved to transfer the assets of a charitable organization or State.
4. Information on the disposition shall be published. Distribution of assets shall be permitted only upon the expiry of one year after publication.
5. liquidation is carried out by the Board. In special circumstances the Ministry of Adalat may appoint other liquidators. The liquidators have a responsibility as members of the Board.
(As amended by the law of Turkmenistan dated October 21, 2003-statements of the Mejlis of Turkmenistan, 2003 г. № 4, art. 36) § 3. Special rules on public organizations Article 66. Board 1. The Board is elected at the general meeting of a public organization members for a four-year term, unless the Charter provides otherwise. Powers of the Board and continue thereafter until the election of a new Board.
2. The decision on election of the Board may be revoked at any time. Charter cancellation of election may be linked to the presence of important circumstances.
Article 67. General Meeting 1. The general meeting of the members of the Management Board shall call a public organization. It must be convened at least once a year, in the cases provided for in the Statute, or when the interest of the public organization. In addition, the meeting must be convened if required to do so by one-tenth of the members in writing with an indication of the agenda.
2. the Assembly shall be convened by written communication to all members or by publication in the Gazette of the public organization, no later than two weeks prior to the meeting.
3. Membership Meeting decides on all matters which do not fall within the competence of the Board. The decision is valid only provided that its substance was announced at the meeting.
4. the decision shall be taken by a majority of the members present at the meeting and a decision on amendment of the articles of Association-by a three-fourths majority. For the decision to change the purpose of a public organization needed a majority of four-fifths majority of all members. Members who are not present at the meeting, may participate in the vote in writing.
Article 68. Meeting of the members of the Commission may, in accordance with the Charter to form the Commission, which can be passed to functions of the Assembly for the period between meetings, particularly to monitor the activities of public organizations. Members of the Commission can only be a member of the NGO.
Article 69. Special bodies to advise in the implementation of the tasks of the public organization meeting of the members may establish special organs (Advisory Board, kuratorium, governing body) if provided for in the Charter. In such bodies can be combined and those who are not members of the public organization.
Article 70. Membership in public organizations 1. Membership in public organizations shall be designated by the Board on the basis of written statements wishing.
2. each Member shall be entitled to withdraw from the organization. The statutes may provide for a specific issue, which should not exceed two years. The output of the public organization, caused by important circumstances, cannot be limited to the period of withdrawal.
3. membership is not passed on to others and is not transferred by inheritance, unless the Statute provides otherwise.
4. If there is a significant reason the general meeting of the members may exclude members of the public organization. The excluded Member may appeal the decision in court.
5. If a public organization for wishing to join it performs important functions in the implementation of social, cultural or other tasks, this person has the right to seek membership in the Organization, if it is not contrary to the basic principles of social organization.
§ 4. Special rules on funds Article 71. Destinatorov funds
The purpose of the Fund may also be support for specific individuals or specific community persons. All persons entitled to receive the share of the property Fund (destinatory), with the consent of all the members of the Management Board may abolish or change fund objective the Fund if this is supported by the Ministry of Adalat. Remaining assets shall be distributed among the destinatorami.
(As amended by the law of Turkmenistan dated October 21, 2003-statements of the Mejlis of Turkmenistan, 2003 г. № 4, art. 36) article 72. The obligation of making a contribution to the Fund
1. Founder (founders) a notarized document on Education Fund shall assume the obligation to contribute to the Fund assets in the quantity necessary to achieve the purpose of the Fund. If the property is not enough, you must be granted permission for the establishment of the Fund.
2. at any time before the registration is possible refusal to transfer property. Within one month after the registration of the property should be transferred completely, otherwise the registration will expire.
3. the objectives of the Fund shall be financed from the income derived from property, unless otherwise provided by the Charter. If over time, these revenues are not enough, the Fund's activities should be reduced accordingly or suspended, and earnings-are added to the property.
4. status of Fund assets must be drawn up each year a report on the appropriate form.
Article 73. The supervisory authority 1. For the appointment of the Board and the special representatives, their reviews and monitoring of the Charter can be provided for education Observatory (kuratoriuma), whose members are invited by the founders Fund. After the death of the founders of the composition of the supervisory body may be replenished with new members (co-option) decision destinatorov or in the manner prescribed by the Charter.
2. In all other cases the Ministry of Adalat monitors so that fund management is carried out in accordance with the laws and the Charter. Ministry of Adalat may at any time obtain information on the activities of the Fund and check its documentation.
3. the supervisory authority may suspend the decisions and actions of the Board of Directors, declare them null and void or require their cancellation if they are contrary to the law or the Charter.
4. the supervisory authority shall ensure that the Charter Board appointments and other bodies. If the Charter is insufficient regulates these relations, the authority may provide further guidance.
(As amended by the law of Turkmenistan dated October 21, 2003-statements of the Mejlis of Turkmenistan, 2003 г. № 4, art. 36) Article 74. Changing the purpose of the Fund If no destinatorov cannot be objective or is there another reason for liquidation of the Fund, Ministry of Adalat may, in the absence of relevant provisions in the Statute, rather than eliminate demand change the purpose or merge with other funds so saved the similarity with the original purpose. If alive at least one founding member, his consent is necessary.
(As amended by the law of Turkmenistan dated October 21, 2003-statements of the Mejlis of Turkmenistan, 2003 г. № 4, art. 36) section 3. Transactions and MISSION CHAPTER 1. GENERAL PROVISIONS
Article 75. Concept and types of transactions 1. The deal is the expression of physical and legal persons, aimed at the establishment, change or termination of civil rights and responsibilities.
2. Transactions may be unilateral and bilateral or multilateral (contracts).
One-way deal could create obligations for other persons only in the cases prescribed by law or by agreement with those persons.
Article 76. The validity of the expression
1. the expression of will against another person, if it was made in the absence of the latter, shall enter into force from the moment of receipt of expression.
2. the expression of will is not considered valid if the other party in advance or immediately declare the refusal.
3. The validity of the expression is not affected by the death of a person expressed a will, or deprived of his capacity, when these events took place after the expression.
Article 77. The interpretation of the expression
When interpreting expression, you must follow the valid will, not within the literal meaning of expressions.
Article 78. The inability to establish the content of expression
The deal has no place if no external expression or for other reasons cannot be accurately determined the content of expression.
Article 79. The invalidity of the transaction, contrary to the rule of law and moral foundations of Invalid transaction made in violation of statutory rules and contrary to the public interest, morality.
Article 80. The invalidity of the transaction as the result of abuse of his position the transaction can be deemed invalid if there is a clear mismatch between certain transaction execution and for this performance reward and if a deal is concluded only because one of the parties had abused its prevailing market or took advantage of the precarious situation of the other party or its inexperience.
Article 81. The invalidity of the imaginary and false transactions 1. Invalid transaction made only for appearance, without intent to establish the appropriate legal consequences (the imaginary deal).
2. If the imaginary deal with to cover another transaction (transaction feigned), apply the rules pertaining to the country.
Article 82. The lack of serious intent 1. Expression of perfect without serious intent, in the expectation that the absence of such an intention would not be noticed, is void.
2. To any person in respect of whom committed expression must be recovered damages because it had the will, if it did not know and could not know about the seriousness of intentions.
Article 83. The nullity of the expression 1. Expression of the incapacitated person is void.
2. Insignificant expression in unconscious or in a State of temporary mental disorder activity.
3. Negligible expression of the mentally ill person and, if it is not recognized as incapable.
Article 84. The invalidity of transactions carried out in violation of the established form 1. Invalid transaction at the conclusion of which had not been followed the form set by law. Failure to comply with the established terms of the form of the transaction entails when there is doubt about the invalidity of the transaction.
2. If a transaction that can be disputed, challenged, then it is considered to be invalid from the moment of its perpetration. Contestation shall be made in respect to another party.
3. the right to challenge any interested person.
Article 85. Conversion transaction If terms and conditions invalid transactions meet the requirements of another transaction, the rules related to the last, when, having learned about the invalidity of transactions, the parties wish it to be valid.
Article 86. Confirmation of invalid transactions 1. If the perpetrator of an invalid transaction confirms her, his confirmation as the transaction again.
2. Contestation is not allowed if the transaction was a rebuttable confirmed the person having the right to challenge.
3. If an invalid contract is evidenced by the parties, they must if there is doubt to pass each other all that they would have received provided that a treaty would be valid to begin with.
4. confirmation is valid only if the deal does not contradict the fundamentals of the rule of law and morality.
Article 87. The invalidity of part of a transaction 1. The invalidity of part of a transaction will not affect the validity of the other parts, if it can be assumed that the deal would be done without the inclusion of its invalid part.
2. If one of the parts of the transaction concerns the standard contract terms and they are invalid or become insignificant parts of the Treaty, the Treaty as a whole is valid.
CHAPTER 2. CAPACITY TO ACT AS A CONDITION OF THE VALIDITY OF THE TRANSACTION
Article 88. The validity of a transaction effected a minor 1. If a minor enters into a contract without the required consent of the legal representative, the validity of the contract depends on the subsequent approval of the representative, except for the cases when the minor benefits.
2. If the minor is fully capable, he decides the validity of your will.
Article 89. Renunciation of the contract entered into by a minor 1. Before approving the contract entered into by a minor, the other party shall have the right to withdraw from the contract.
2. If the other party knew about the minority person, it may declare the refusal only if the minor falsely entered its misleading, arguing that it has the consent of a representative.
Article 90. The emancipation of a minor 1. A contract concluded by a minor without the consent of the legal representative shall be deemed valid if the minor's action under the Treaty by means of which it has ordered transferred, with the consent of the legal representative or that representative-third parties for this purpose or for free disposal.
2. If the legal representative gives a minor right of independent management or independent entry into employment relationships, in ordinary for these spheres of relations it becomes operational. These rules apply to both the establishment of the enterprise, and with respect to its elimination and the beginning or ending of the employment relationship.
3. Permission to manage enterprise requires the consent of the legal representative, negotiated with the tutorship and guardianship authorities.
Article 91. The invalidity of the transaction effected without the consent of the legal representative 1. Invalid unilateral transaction made by a minor without the required consent of the legal representative.
2. this transaction is invalid, if there is consent of the legal representative, but minor has not provided supporting this written document, resulting in the party, with which the deal was made, immediately desisted. Such a waiver is not valid if the other party was informed of the agreement of the legal representative.
Article 92. Need permission to deal, done to limit capacity To deal, done under the limit capacity, require a permit if it is established that the basis on which the restriction of capacity occurred clearly existed during the transaction.
CHAPTER 3. FORM of TRANSACTION Article 93. Compliance with the form as a condition of validity of the transaction for the validity of the transaction must be compliance with the statutory form. If this form is not installed, the parties may themselves define it.
Article 94. Form of transaction 1. In simple written form to actually deal enough signatures of persons involved in the transaction.
2. restoration of a signature, repetition and reproduction by mechanical means is acceptable where it is commonly accepted, namely when the signature on the securities, which are produced in large quantities.
3. If the form of the transaction requires its perpetration of a notary, the transaction must have the notary or other person prescribed by law.
Article 95. Delegation of power of Attorney signing another person a person who is unable to personally sign the deal due to illiteracy, physical disability or illness, may entrust to the signing of the deal to another person. Last signature must be certified by an official. If this should be the reason, due to which a person who has entered into a deal, could not personally sign it.
Article 96. Transactions with compiling multiple documents If a transaction is composed of several documents of similar content, each side enough to sign one copy, which is available to the party concerned.
CHAPTER 4. AVOIDABLE TRANSACTIONS § 1. Transactions made under delusion Article 97. The notion of a transaction may be challenged if the expression was committed on the basis of significant confusion.
Article 98. Substantially misled astray is significant if: (a)) a person wanted to make another deal, rather than the one on which it expressed its consent;
b) person is mistaken in the content of the deal, which it was willing to commit;
in the circumstances) that the parties, based on the principles of integrity, considered as the basis of the transaction.
Article 99. Confusion about the content of the expression of confusion about the content of expression acknowledged misleading concerning such person's property or things in civil circulation are considered significant.
Article 100. In a transaction in a transaction is not considered significant, except in cases where the motive was a subject of the agreement.
Article 101. In the law of misrepresentation law is significant only if it was the only and main reason for committing the transaction.
Article 102. Consent of the counterparty to the transaction Expression under delusion cannot be challenged, if the other party agrees to execute a transaction in accordance with the desire of the parties, deliberate challenge the deal.
Article 103. Minor bugs minor errors in calculation or expression in writing give a right to correction, but not to challenge.
Article 104. The validity of the challenge 1. Contestation is valid only if it is carried out within one month since became known reason for contesting.
2. If a transaction is disputed and misleading due to the negligence of the person entitled to challenge, it is obliged to compensate the other party for damage arising from the invalidity of transactions. Obligation of reparation does not occur, where the other party knew of delusion or due to its own negligence, it was not known.
Article 105. Misleading due to mistakes by the mediator expression incorrectly reported acting as intermediary person, could be challenged on the same grounds as the perfect under delusion transaction in accordance with article 98 of the present code.
§ 2. Transactions made through deception Article 106. Concept 1. A person coerced to wishes through deception, is entitled to demand recognition of the transaction null and void. This occurs when it is clear that without cheating deal would not be completed.
2. If one party is silent on the circumstances in the case that the other side had expressed its will, the latter may demand recognition of agreement as invalid. Responsibility announcement only occurs when the other party has a good-faith looked forward to that.
Article 107. Invalidation of the transaction, perfect deception For confessions of a void transaction effected through deceit, no matter what, reporting incorrect information, the party sought to get any benefit or harm the other side.
Article 108. Deception by a third person With fraud by a third party may claim for recognition of agreement as invalid, if fraud knew or should have known the person receiving benefits from this transaction.
Article 109. The deadline for challenging the transaction may be contested within a period of one year. Period is calculated from the date at which the person competent to challenge, learned of the existence of grounds for challenge.
§ 3. Transactions made under the influence of violence or threats of violence, article 110. The concept of Violence or threat of violence against a person who has committed the deal gives him the right to demand recognition of agreement as invalid and in case of violence or threat of violence came from a third party.
Article 111. Nature of violence or threats of violence 1. The invalidity of the transaction leads to such violence or threat of violence, which by nature may affect the face and suggested that to him personally or his property may face real danger.
2. in assessing the nature of violence or threats of violence should take into account the age and gender of the person, life circumstances.
Article 112. Violence or threat of violence against Violence or threat of violence close is the reason for the requirement of recognition of agreement as invalid, if it is directed against the spouse, other family members or close relatives of one of the parties.
Article 113. Violence or the threat of violence, carried out with the use of lawful means
In understanding the above rules articles 110-112 of this code of violence or threat of violence are not considered such actions, which are not implemented nor with unlawful purposes and neither using illegal means, except when the purpose of the tool and do not correspond to each other.
Article 114. The deadline for challenging the deal, done under the influence of violence or threats of violence may be contested within one year from the date of the end of violence or threats of violence.
CHAPTER 5. Transactions SUBJECT to Article 115. The notion of a transaction shall be deemed effected under the condition when the occurrence or the termination of the rights and obligations conditional on the circumstances anticipated in future and unknown events so that the execution of the transaction is deferred until its offensive or transaction shall terminate upon the occurrence of the event.
Article 116. Invalidity conditions, contrary to the rule of law and moral foundations of Ineffective condition contrary to the foundations of the rule of law and morality, or the execution of which is impossible. The deal, dependent on any such terms, is invalid in its entirety.
Article 117. Condition based on will depend on this condition, is considered offensive or not offensive depends on the parties in the transaction. The deal, done under such a condition is not valid.
Article 118. Positive conditions 1. If the deal under the condition that an event will occur within a certain period of time, the condition shall be considered null and void if the term has expired and the event not occurred.
2. If the period is not defined, then the condition can be done at any time. The condition can be considered as null and void because, when it is clear that the attack event is impossible.
Article 119. Negative conditions 1. If the deal under the condition that any event will not occur within a certain period of time, the condition is met, and when, before the expiry date, it is clear that it is impossible to attack.
2. If the term is not defined, the condition is met only when it becomes clear that the event will not occur.
Article 120. The inadmissibility of the influence on the occurrence of the condition 1. A person who commits the transaction under a certain condition may not before the onset of conditions to commit any action that might hinder the fulfillment of its obligations.
2. If the condition occurs within a certain period of time and the person has already performed this action, it is obliged to compensate the other party for damage caused by this action.
Article 121. Transaction under the suspenseful condition the transaction is perfect under suspense condition, if stipulated in the rights or obligations of the deal depends on the expected in the future and unknown events or events that already occurred but not yet known to the parties.
Article 122. The deal under the condition of otmenitel′nym transaction is perfect under otmenitel′nym condition if the onset of this condition shall entail the termination of the transaction and restores the transaction prior to the position.
Article 123. The value of integrity in the occurrence of conditions 1. If the offensive conditions unfairly detained party for whom offensive terms disadvantageous condition is occurring.
2. If the occurrence conditions unfairly contributed to the party for whom the occurrence of the condition is beneficial, the condition is not considered as having occurred.
CHAPTER 6. CONSENT in Article 124 TRANSACTIONS. Concept 1. If the validity of the transaction depends on the consent of the third person, as the consent and refusal it may be expressed as before one and to the other party.
2. To express consent is not required for compliance with the transaction form.
3. In case the transaction, the validity of which depends on the consent of the third person committed with his consent, the provisions of paragraph 2 of article 91 of the criminal code.
Article 125. Consent given in advance (permission) in advance this consent (permission) can be cancelled prior to the transaction, unless the parties have agreed otherwise. About the cancellation must be communicated to both parties.
Article 126. Subsequent agreement (approval) the subsequent acceptance (approval) has a retroactive effect from the date of the transactions, unless otherwise agreed.
Article 127. Disposal of the subject entitled person 1. Available to any object by a person not really, if it was carried out with the permission of the authorized individual.
2. the order becomes valid, if the authorized person approves it or when a person acquires itself rasporâdivšeesâ the subject, or when it inherited from the authorized individual and will be fully liable for the value of their denial. If in the last two cases on this subject made several contradictory orders, that's really original.
CHAPTER 7. Representation and AUTHORISATION Article 128. Mission 1. The deal could be made through a representative. Powers of representation arise from law or arise by virtue of a power of attorney.
2. this rule does not apply if the basis of the nature of the transaction, it must be made directly by the individual himself or where the law prohibits a transaction through a representative.
Article 129. Representative 1. Under the transaction, carried out by representative within the limits of their authority and on behalf of the person it represents, the rights and obligations arise only from the represented entity.
2. If a transaction carried out on behalf of another person, then no right to representation cannot be used by the other party of the transaction, if submitted created circumstances in which the other party has faithfully assumed the existence of such power.
3. If a transaction is not representative indicates its executive powers, the deal creates the effects directly to the represented entity only if the other party was to assume office. The same rule applies when the other side doesn't care who she commits the transaction.
Article 130. Limited active legal capacity of the representative of a transaction made by representative is valid and if the representative is of limited dispositive capacity.
Article 131. Vices will, knowledge, responsibility of knowledge 1. If legal consequences may affect the expression of the vices of the will, knowledge or responsibility of knowledge in certain circumstances, take into account the identity of the person represented and not representative.
2. If a representative, authorized to operate in accordance with the specific instructions of the principal, the latter shall have no right to plead ignorance representative of such circumstances, which are well known to the principal.
Article 132. Executive powers 1. Issuance of letter of Attorney is carried out by means of expression, to upolnomočivaemomu or to a third party in respect of which representation is to be held.
2. the expression of will is not subject to the form established for the transaction, which is given power of attorney. This rule does not apply if you have installed a special form.
Article 133. Change or cancellation of power of Attorney for amendment or cancellation of power of attorney should be communicated to third parties the relevant means. Otherwise the modification and cancellation of power of Attorney cannot be used against third persons, except when at the conclusion of the contract the parties knew or ought to have known about it.
Article 134. Grounds for termination of a power of Attorney power of Attorney is terminated: (a)) the refusal of the trustee;
b) abolition of the power of attorney by the person who gave it;
in the) death, power of Attorney, or the onset of his disability, unless otherwise agreed;
d) expiry of the term, which has been given a power of attorney.
Article 135. Return of the power of Attorney power of Attorney after the termination of the authorized person is obliged to return it to the principal; It has no right to hold a power of attorney.
Article 136. Transaction without representational authority 1. If a person enters into a contract on behalf of another person, in the absence of powers of representation, the validity of the contract depends on the approval of the final Treaty.
2. If the other party would appeal to the represented person with the requirement to announce endorsement, statement of approval may be drawn only directly to this side. Approval may be made only before the expiry of two weeks after receipt of the demand, if approval is not obtained, it is believed that it denied.
Article 137. The right to withdraw from the contract prior to obtaining the approval of the other party may withdraw from the contract, except when at the conclusion of the contract she was aware of no authority. Declaration renouncing the Treaty can be drawn and the representative.
Article 138. Responsibility of the representative in the absence of powers of representation 1. A person who has entered into the contract as a representative not having powers of representation is obliged at the choice of the other party or to perform the contract, or to pay damages if represented person will deny approving the Treaty.
2. If the representative is not aware of the absence of authority, it must reimburse only those losses that arose from another party because she believed in the existence of authority.
3. the representative is relieved from liability if the other party knew or should have known about the absence of authority. The representative shall not be liable and when its legal capacity has been restricted, except in cases where he acted with the consent of their legal representative.
Article 139. Inadmissibility of transaction with himself the representative may not, if expressly permitted, conclude transactions on behalf of the sending with them personally, either on their own behalf or as a representative of a third party, except when the deal solely to performance.
SECTION 4. The TIMING of CHAPTER 1. CALCULATION of PERIODS of TIME Article 140. Application of the rules for calculating the timing to the timing specified in laws, judicial decisions and transactions are applied under this section of the rule.
Article 141. The beginning point of the period 1. If the start point of the period is defined by an event or moment in time that will come during the day, then the day, which accounts for the event or moment, not included in the term.
2. If the beginning point of the period is determined by starting any day, this day is included in the term. This rule also applies when calculating the birthday age.
Article 142. End of term 1. Term calculated in days, expires with the end of the last day of the period.
2. a period calculated in weeks, months or time spans multiple months, a year, semester, quarter, expires in the case referred to in paragraph 1 of article 141 of this code, with the end of the day the last week or last month, which according to its name or its number corresponds to the day, which is an event in time, and in the case referred to in paragraph 2 of article 141 of this code -with the end of the day the last week or last month before day, which by its name or its number corresponds to the starting day of the period.
3. If the period is counted in months and in the last month is not the number, from which the term began, expires with the end of the last day of that month.
Article 143. Half year, quarter, month 1. Under half refers to a period of six months, under the quarter-period of three months, under the Crescent-a period of fifteen days.
2. If a term consists of one or more full months and a half months, these fifteen days are counted at the end of the term.
Article 144. Prolongation in case of postponement of the new term is calculated from the date of expiry of the previous period.
Article 145. Calculation of monthly and annual dates 1. If the period is calculated in months or years in a way that does not require a continuous period, the month is considered in thirty days, and the year three hundred and sixty-five days.
2. Under the authority of the month refers to the first day of the month, under the middle of the month-the fifteenth of the month, below the end of the month-last day of the month.
Article 146. Weekends and holidays If expression or performance of an obligation must be performed on a specific day or within any period of time, and that day or the last day of the period falls on either the weekend or on a day which in place of expression or performance of an obligation is recognized as public holidays or other non-working day, the day of expiration day is considered the next business day.
CHAPTER 2. LIMITATION PERIODS Article 147. The notion of limitation period 1. The right to require the other person to do or abstain from doing any act is restricted by term limitation.
2. The period of limitation does not apply to: a) moral rights, unless otherwise provided by law;
b) requirements for compensation for harm caused to life or health of a person. However, the demands made after three years from the time of arising of the right to compensation for such harm, are past time for no more than three years prior to the bringing of the claim;
in) requirements of depositors relative to deposits made in banks and other credit institutions.
3. the general limitation period is ten years.
Article 148. The Statute of limitations on contractual requirements 1. The Statute of limitations on contractual requirements is three years, and contractual requirements, real estate-related things, to six years.
2. The limitation period for claims arising from subject to periodic duty-three years.
3. In some cases the law may be provided and other limitation periods.
Article 149. The beginning of the period of limitation 1. The period of limitation of actions starts from the moment of occurrence of the claim.
2. If the requirement is the need to refrain from any action, the limitation period begins with the moment of performing the specified action.
Article 150. The emergence of the requirements if the requirements depends on the actions of the creditor, the limitation period begins when the lender to carry out this action.
Article 151. Suspension of limitation on legal grounds 1. The period of limitation shall be suspended for the period of suspension (moratorium).
2. the procedure referred to in paragraph 1 of this article shall not apply in relation to the counter-claim, the right presentation belongs to the creditor.
Article 152. Suspension of limitation on actual circumstances 1. The period of limitation shall be suspended for the time during which the authorized person was not able to defend their right to a court as a result of the suspension of the activities of the judiciary, which occurred in the last six months of the limitation period.
2. The same rule applies if the obstacle was the effect of force majeure.
3. From the date of termination of the circumstances giving rise to the suspension of limitation, during her period continues. The remaining part of the term is extended to six months, and if the limitation period of less than six months before the period of limitation.
Article 153. Suspension of the limitation period for family reasons during the term of limitation for claims of spouses to each other shall be suspended for as long as there is a marriage between them. This rule also applies to mutual claims between parents and children-for the period of minority children and the mutual claims guardian and ward for the entire duration of custody (guardianship).
Article 154. Effect of suspension of the period of time when the limitation period is suspended does not count towards the limitation period.
Article 155. Suspension of the limitation period in respect of persons limited in dispositive capacity
1. If the disabled person or a person limited in capacity, has no legal representative, the limitation period in respect of that person ends up only six months after the time when the person is considered capable, or it will be assigned a legal representative. If the limitation period of less than six months, instead of the six-month deadline applies.
2. the rules referred to in paragraph 1 of this article shall not apply if the person limited in capacity, has the civil procedural legal capacity.
Article 156. Interruption of the limitation period in recognition of the debt limitation period is interrupted if the debtor recognizes authorized individual requirements by paying part of the debt or interest, the provision of security or otherwise.
Article 157. Interruption of the limitation period bringing action in the Court of the limitation period is interrupted if the authorized person brings an action on approval or confirmation of the claims, or otherwise try to satisfy its claim, as that-by a statement of the existence of the requirements in the public authority to the Court for an order for enforcement of the decision of another court or exercise of executive actions. Accordingly, articles 158 and 159 of the criminal code.
Article 158. Duration and end of the interruption of the limitation period on presentation of a claim 1. Interruption of the limitation period by means of action terminated from the date of entry into force or as a result of the settlement of the relations of the parties otherwise.
2. If the process is suspended as a result of the agreement of the parties or because there is no case, the break period of limitation ends since the last action of the parties or the Court. The new limitation period, which began after the break, interrupted in the same way as on presentation of a claim when one party resumes the process.
Article 159. Break the limitation period with the denial of the claim 1. Interruption of the limitation period does not occur if the writ is withdrawn or the lawsuit will be denied without consideration of the merits of the case by a court decision that has entered into legal force.
2. If the authorized person within six months again brings an action, the limitation period shall be considered interrupted first claim. In respect of this period, the rules are applied, respectively, articles 154-156 of this code.
Article 160. Consequences of the interruption of the limitation period if the limitation period is interrupted, the time elapsed before the break is ignored; the new limitation period begins only after the break.
Article 161. Limitation period on demand that has the force of law 1. Requirement, confirmed by an enforceable court decision is repaid in ten years ' time-barred, even if this kind of requirements set a shorter limitation period.
2. If the recognized requirement provides the perpetration in the future recurrent action that applies a shorter limitation period fixed for claims of this kind.
Article 162. The Statute of limitations in cases of succession if the thing in respect of which there is a proprietary claim succession goes into the possession of a third party, then the portion of the Statute of limitations expired, where the thing owned predecessor, counted in favor of a successor.
Article 163. Consequences of expiry of limitation period 1. Upon the expiration of the limitation period the person has the right to refuse to perform.
2. in Full satisfaction of the requirements expired cannot be demanded back, at least at the time of execution of the obliged person and did not know about the lapse. The same rule applies to the recognition of contractual obligations and to provide secure liable person.
Article 164. The Statute of limitations on additional responsibilities with the expiration of the limitation period on the main demand of the limitation period expires and related additional responsibilities, even if no special limitation period has expired.
Article 165. Invalidity of agreements about changing the Statute of limitations periods of limitation and the procedure for their calculation can not be changed by agreement of the parties.
PROPRIETARY (property) SECTION 1. PROPERTY Article 166. The concept of Property is any object and intangible benefit, own, use and dispose of that may be natural or legal persons and which is possible without restrictions, unless prohibited by law or is not contrary to morality.
Types of property whose presence in circulation is not allowed or is limited, must be expressly set out in the Act.
Article 167. Immovable and movable things 1. Thing may be real and moveable.
2. immovable things (immovable property) include land plots, subsoil, isolated bodies of water and everything is firmly linked to the land, that is, objects move without commensurate to their appointment impossible, including forests, perennial plantations, buildings.
3. Things not related to real estate, including money and securities, are recognized as movable property.
Article 168. Indivisible things
Indivisible thing is recognized as a result of the Division which parts of it are losing property and assigning the original stuff.
Article 169. Complex things If dissimilar things form an integral whole, allowing you to use it on a common purpose, defined the substance of connections, they are treated as one thing (a tricky thing).
The effect of the transaction on about complex things, applies to all its constituent parts, unless the contract provides otherwise.
Article 170. The main thing and Thing, designed to serve the other (main) things and related utility (accessory), follows the fate of the main things, unless a contract provides otherwise.
Article 171. Individually defined things and stuff, fungible 1. Individually-defined recognized thing, isolated from other things belong only to her features. Individually defined things are irreplaceable.
2. Things defined generic characteristics (a generic thing), admit things possessing traits inherent in all things of the same kind, and definable by number, weight, measure. Generic things are replaceable.
Article 172. Fruits 1. Fruit things are revenue growth and benefits of this thing.
2. The fruit of the right are the income and benefits derived from the use of this right.
3. Fruit of the things and rights are also income and benefits that this thing or the right to provide by law enforcements.
4. The power of the thing or right gives you the ability to receive the fruits of this stuff or this right in accordance with the term and amount of the entitlement.
5. If a person is obliged to return the fruit, it may require the reimbursement of costs incurred in connection with these fruits of costs if those costs are the result of proper business activities and shall not exceed the cost of the fruit.
Article 173. Accessory and limited rights 1. An accessory is right, which is another law that cannot exist without it.
2. Limited right is derived from that of a broader law that burdened with this limited right.
Article 174. Protected results of intellectual activity in the cases and pursuant to procedure established by the present code and other statutes, acknowledged the exclusive right (intellectual property) of a physical or legal person to the results of intellectual activity and means of individualization of related legal entity, product differentiation, works performed or services (trade name, trademark, service mark, etc.).
Use the results of intellectual activity and means of individualization, which are the subject of exclusive rights may be exercised by third parties only with the consent of the rightholder.
Article 175. Intangible benefits 1. Intangible benefits are requirements and rights that can be transferred to other persons or intended to provide benefits to their owner or give their holder the right to demand from others.
2. life and health, personal dignity, inviolability of the person, honour and good name, business reputation, inviolability of private life, personal and family confidentiality, freedom of movement, choice of residence, the right to a name, the right of authorship, other personal nonproperty rights and other nonmaterial values belonging to an individual from birth or by virtue of the law, are inalienable and non-transferable in any other way. In the cases and pursuant to procedure provided by law, personal nonproperty rights and other nonmaterial values belonging to the deceased, may be exercised and protected others, including heirs to the copyright holder.
SECTION 2. INDEPENDENT VISION of Article 176. Acquisition of ownership 1. Possession is acquired by the achievement of de facto domination thing.
2. The owner shall not be considered a person who while and performs the actual possession of the thing, but in favor of another person and the authority of the owner he has received from that person. The owner recognizes only guarantor powers face.
3. If a person owns a thing as uzufruktuariâ, mortgagee, lessee, tenant, or based on other similar relationship (direct ownership), in virtue of which it is entitled or obliged vis-à-vis another person temporarily possess a certain thing, the last also owns (indirect ownership).
4. If one thing own several persons jointly, they are co-owners.
5. If parts of the one thing own several persons, they shall be deemed to be the owners of the individual parts.
Article 177. Termination of ownership 1. possession terminates if the owner permanently inferior thing or otherwise loses the actual rule over the thing.
2. A temporary obstacle to the exercise of power over the thing does not terminate possession.
Article 178. Inheritance of Ownership passes by inheritance.
Article 179. Presumption of ownership 1. The owner of movable things to believe that he is the owner of the thing. This rule does not apply in respect of the previous owner things if he lost this thing or it he stole or otherwise eliminated from his possessions, except when it comes to money and securities payable to bearer.
2. In relation to the previous owner should consider that he was the owner of things during that time, while he owned it.
Article 180. Conscientious owner
Faith is the owner who owns a thing rightly or that based on an audit conducted with the necessary thoroughness in business relationships, may be recognized as competent to face.
Article 181. The requirement of good faith the owner about returning stuff from illegal possession if the possessor is deprived of possession, he spent three years might require the new owner to return things. This rule does not apply when the new owner has a preferential right of ownership. Demand return of ownership can be applied in respect of a person who has the right of priority, if he bought a thing through violence or fraud.
Article 182. The requirement of good faith the owner about how illegal obstruction If bona fide owner not deprived of things, but he otherwise hindered in the exercise of ownership, he as the owner may require the removal of obstacles. It can also require compensation for harm caused by the infringement of possession. This rule applies for damages in the case, when it is impossible to demand the removal of obstacles.
Article 183. Lawful possession of 1. Rightful owner cannot be required to return things. During the lawful ownership of the fruits of the things and rights are deemed to be his domain.
2. this rule also applies to relations of direct and indirect ownership.
Article 184. Duties of the faithful owner 1. A diligent owner who does not have the right to possess the thing or has lost that right shall return the thing to the person entitled. Until the authorized person does not use its right, things and rights belong to the owner.
2. Bona fide owner may demand from the authorized individual reparation made between bona fide possession thing improvements and expenditures, as well as amounts spent are not compensated for the use of this thing and received benefits. Cost is not the fault of the fruits received must be deducted. The same rule applies to improvements that have led to the rise of the thing if the rise still existed at the time of returning things.
3. A diligent owner could refuse to return things until his demands are not met.
Article 185. The responsibilities of the owner the owner of the bad faith of bad faith must return an eligible person as a thing and received benefits, the fruit of the thing or right. The owner shall reimburse the fruits that it hasn't gotten through no fault of their own. Reimbursement of expenses and improvements on the thing it can claim only if they are at the time of return involve authorized individual enrichment. Other requirements regarding abusive persons remain unchanged.
Article 186. Acquisition of ownership of movable things by virtue of statute of limitations 1. If a person for five years continuously owned moveable thing as private, it acquires the right to property (acquisitive prescription, prescription).
2. acquisition of property rights on movable thing is invalid if getting unfairly owned thing or subsequently learned that thing did not belong to him.
Article 187. Continuous possession of the thing if the person owned the thing at the beginning and end of any period of time, it should be considered that this person owned the thing as owner throughout the specified period.
Article 188. Acquisition of ownership of immovable things by virtue of statute of limitations if the person entered in the public register as the owner of the land or other immovable property so that it is not acquired ownership, it acquires ownership, if registrations existed for fifteen years and it all this time owned by them as the owner.
Article 189. Termination of possession of the thing due to claims of the owner of the possession of the thing stops if the owner submits the owner reasonable claim.
Article 190. The preferential right to purchase things owner who on legal grounds for more than ten years owned and enjoyed thing has the preferential right to purchase this thing.
SECTION 3. PROPERTY CHAPTER 1. TABLE of CONTENTS OWNERSHIP Article 191. The notion. Content ownership 1. The owner may, within the limits established by the law or agreement, freely to own and enjoy property (chattel), prevent the ownership of this property by others, to dispose of them, if this does not infringe the rights of neighbours or other third parties, or if this action does not constitute an abuse of right.
2. such use shall be considered an abuse of the right of property, which only caused harm to others, and not clearly defined benefit the interests of the owner and the need for action is not justified.
3. The right of use also includes the possibility of persons do not enjoy their own thing. The law can be a duty or care and maintenance if the non-use of these things, or lack of care of them encroaching on the public interest. In this case, the owner may be charged with the responsibility to fulfill these responsibilities yourself or pass this thing for use by others for appropriate remuneration.
Article 192. Ownership of a substantial part of the ownership of things thing also applies to essential constituent parts of this thing.
Article 193. Discovery of things from the illicit possession and the requirement of eliminating obstacles 1. The owner can require the owner to return the thing, unless the owner has the right to possession of the thing.
2. If the right of ownership is broken in some way, in addition to the removal or deprivation of things, the owner may demand that the violator correct the violation. If the infringement continues, once again, the owner may demand the cessation of such actions by bringing an action in court.
Article 194. Community property 1. Common ownership arises by operation of law or on the basis of the transaction. Each of the owners may claim to third parties about who is in common ownership of property. Every owner has the right to recover a thing only for the benefit of all sosobstvennikov.
2. Which is in common ownership thing maybe laid down in law or otherwise encumbered in favour of and in the interests of one of the sosobstvennikov.
3. expenditure on care and maintenance held in common ownership of things entrusted to sosobstvennikov equally, unless a statute or contract provides otherwise.
4. everyone has the right of primary purchase co-owners regardless of the percentage held in common ownership.
CHAPTER 2. NEIGHBOURING RIGHT Article 195. The notion. The duty of mutual respect for the owners of the neighbouring plots of land or other immovable property, in addition to the statutory rights and duties, should mutually respect each other. Neighbouring recognizes any plot or other real estate, from which may emanate bilateral exposures.
Article 196. A valid neighbouring effects 1. The owner of the land or other immovable property may not prevent impact with adjacent plot on its section of gas, steam, odour, soot, smoke, noise, heat, vibration or similar exposure if they do not interfere with the owner in the enjoyment of their plot or slightly violate their right.
2. The same rule applies in cases where significant impacts, but it is caused by the normal use of another site and cannot be suppressed by such measures, which for this type of users recognized of normal economic activities. If the owner is obliged to tolerate such effects, he may require the owner of the plot, which produces effects, appropriate compensation in cash, where exposure exceeds the area found to be ordinary use and cost limits.
Article 197. Invalid assault the owner may request the prohibition of the construction or operation of such facilities, in respect of which it is clear that initially they unacceptably infringe on his plot. If the construction is erected in compliance with the statutory removal from the border, its demolition may be requested only if invalid encroachment are already evident.
Article 198. The requirement to remove the threat If the plot threatens to collapse the structure with adjacent plot, the owner may demand that the neighbor make the necessary arrangements to prevent this threat. It is unacceptable to change the direction of waste and groundwater flowing through multiple parcels or handling, which would decrease the amount of water and deterioration of water quality in other plots. Unacceptable violation of the natural flow of rivers.
Article 199. Fruit trees, fallen Fruit that fell from a tree or a Bush on the adjoining plot of land, considered the fruits from this land. This rule does not apply if the adjoining plot of land is in the public domain.
Article 200. Roots and branches from the neighbouring plot of land plot Owner can cut and keep the roots of a tree or Bush, penetrating it with neighbouring land. The same rule applies to the svesivšiesâ branches of trees and shrubs from the neighbouring plot of land.
Article 201. Violation of the borders of the plot at building 1. If the owner of a plot of land during construction without intent or gross negligence on its part zastroil part of the neighboring land plot, the neighbor should prevent such a violation of borders, except when he stated his objection before or immediately after such a violation of the borders.
2. In this case, the neighbor as compensation should be paid monetary compensation. The said payment shall be made annually in advance for the year ahead.
Article 202. Pass on foreign ownership 1. If land deprived of communication with any expensive public networks of electricity, gas and water supply, the owner can ask the neighbors to the last allowed the use of their land for establishing the necessary communication. A neighbor, on the site of which will take place the corresponding message should be paid monetary compensation, which by agreement between the parties can be produced in the form of a one-off payment.
2. the duty to allow the passage of ownership does not arise if already available communication with land has been eliminated by the actions of these self-styled owner.
Article 203. The construction of the border edges 1. The owner of the site may require the owner of the adjacent plot to take part in the construction of a solid boundary edges or in the restoration the pre-existing, but erased or damaged edges.
2. the costs are shared between the disengagement neighbours equally unless from existing legal relations between them should not be otherwise.
Article 204. The controversial border 1. If that is impossible to determine the true boundary, the determinative for disengagement is actual possession of neighbors. If actual possession cannot be found, then for each land must be attached an equal part of the disputed area.
2. If the definition of the boundary in accordance with these regulations will lead to a result which is contrary to the established facts, in particular does not match the installed size of the plot, according to a statement by one of the parties to the border determined by the Court.
Article 205. Sharing border facilities 1. If two plots separated by a fence or used as a boundary to the other building, it should be assumed that land owners are entitled to the joint use of the structures, unless any external signs do not indicate that this building belongs to one of the neighbors.
2. If neighbors have the right to share in border facilities, each of them can use the construction so that it does not interfere with neighbor in sharing. Expenditure on care and maintenance facilities are distributed equally between the neighbours. Until one of the neighbors would be interested in the existence of this facility, it cannot be eliminated or changed without his consent.
CHAPTER 3. Acquisition and TERMINATION of PROPERTY RIGHTS § 1. Acquisition and termination of ownership of immovable things Article 206. The procedure for acquiring ownership rights to immovable things 1. To purchase an immovable required a document certified by a notary and registration of the acquirer in a public registry. Application for registration may apply as the transferor and acquirer.
2. The document must contain exactly the basis of acquiring an immovable. If one of the parties involved through a representative, the document must be clearly marked and the power of attorney.
Article 2061. The acquisition of the ownership of immovable beshozâjnuû thing 1. Ownerless where it is a real thing that has no owner, or the owner of which is unknown.
2. An ownerless immovable thing on the application of the authority of local executive authority, in whose territory it is situated, shall be adopted by the accounting of the State body which carries out the registration of rights to immovable property.
After one year from the day of posing an immovable ownerless where it registered body authorized to manage the property of the local executive authorities and in whose territory it is located, may apply to the Court for recognition of absentee real estate and transfer it into public ownership.
(The code is supplemented by article 2061 Turkmenistan law dated September 25, 2010-statements of the Mejlis of Turkmenistan 2010 г., no. 3, p. 63) article 207. Renunciation of the right of ownership For the renunciation of the right of ownership or other right necessary statement of the authorized person that it waives this right and this statement in the public registry. The statement should be put into registry service. After this declaration renouncing the rights becomes binding.
Article 208. Protection of interests of the acquirer, proceeding from the interests of the acquirer, the transferor is deemed to be the owner, if he is registered as such in the public registry, unless the purchaser knew that the transferor was not the owner.
§ 2. Acquisition and TERMINATION of OWNERSHIP of MOVABLE THINGS Article 209. Transfer of ownership 1. For transfer of ownership of movable thing to the owner must be based on valid right handed the thing to the purchaser pursuant to the prisoner transfer agreement between them. If the purchaser already owns the thing, a single agreement on the transition of ownership.
2. If the owner owns the thing, the actual transfer of the stuff can be replaced with the agreement of the owner and acquirer of establishing indirect ownership thing acquirer.
3. Transfer of ownership and providing owner considered the purchaser the right to claim ownership of a third party.
Article 210. Good faith acquisition of unauthorized persons due to the alienation of the purchaser becomes the owner, even if the thing is not belonged to the otčuždatelû, but this fact is getting dobrosovesten. The acquirer is not considered bona fide, if he knew or had reason to know that the thing does not belong to otčuždatelû. Fact good faith must exist before handing things.
Article 211. Lost things 1. Ownership cannot be acquired, if the thing was stolen from the owner, lost or otherwise forfeited them. The same applies if the owner was only indirect owner of the thing as well as if the thing has been lost by the owner.
2. these provisions shall not apply in respect of money or securities to bearer, as well as on things excluded by public tender.
Article 212. Reservation of title
If a seller of movable things stated reservation of ownership of the thing before the payment of the purchase price, it should be considered that the right to property is transferred under suspense condition for payment of the purchase price in full and that the seller is entitled to terminate the contract if the buyer's delay.
Article 213. Acquisition of ownership of movable waif thing 1. Moveable thing is deemed to be abandoned if the former owner with a view to renouncing ownership ceases to possession of the thing.
2. A person who has taken possession of movable waif thing, acquires ownership of this thing, if assignment is not prohibited by law or stuff awarding are not violated the rights of a person who was entitled to this stuff.
Article 214. Find 1. The person who found the lost thing, is obliged to immediately notify lost or the owner, or another person entitled to things.
2. If a person who doesn't know a thing, as none of those persons who are eligible to receive things or he did not know their location, then it is obliged to immediately declare the police or other local authority about his finding and of the circumstances which might be essential to locate the person entitled to receive things.
3. a person, as a thing, has an obligation to its storage. On the expiry of one year from the date of the notification of the body concerned about finding the person who found the thing, acquires the right of property, unless before the expiration of the specified period it becomes aware of a person entitled to receive things, or most of its right to the appropriate authority. With the acquisition of property rights, all other rights on this thing.
4. a person, as a thing, may require from the person entitled to receive things, a reward of up to five per cent of the value of the found thing. In addition, as a thing, a person has the right to demand from the person entitled to receive things or the relevant authority for reimbursement on the content of this stuff.
5. If a person, as a thing, waives the right to property, the authority may, upon the expiry of one year to sell a thing at public auction and benefit or, in the case of malocennoj things, to its free dispose of or destroy it.
6. Perishable thing or thing which requires storage disproportionate costs, must be sold at public auction by a person as a thing. Proceeds from the sale of things money replace the thing itself.
Article 215. The treasure if the thing that so long remained hidden that establishing its owner became already impossible (treasure) will be detected and the person noticing her come into the possession of the thing, the ownership of this thing is purchased in equal shares by the person as a thing, and the owner of the property, which was a hidden treasure.
Article 216. Connection with land If moveable thing is connected with land in such a way that it becomes an integral part of this land, the right of ownership to the land plot applies to this thing.
Article 217. Connection with the moveable thing 1. If movable things are interconnected in such a way that they become essential components of a single thing, the previous owners become co-owners; their shares are defined on the basis of cost, which had things in the moment of their connection.
2. If one of the things will be regarded as the main thing, then its owner acquires ownership and affiliation.
Article 218. Ownership of materials processing results when processing or alteration of the material is made the new moveable thing, the manufacturer and the owner of the material become co-owners of the new stuff. The percentage shall be determined in proportion to the value of the material and production costs, unless otherwise stated in the agreement.
Article 219. Termination of rights during the transition of ownership When acquiring ownership rights in accordance with articles 216-218 of this code, all other existing on this thing right.
Article 220. Damages for loss of rights 1. The person loses the right, in the cases referred to in articles 216-218 of this code, as well as in the case of violation of his rights otherwise may require compensation from the person in whose favour has come to change the law. Not allowed claiming restoration of the previous state.
2. rule referred to in paragraph 1 of this article shall not apply if the new owner has purchased the thing compensated contract with a third party.
CHAPTER 4. OWNERSHIP of the DWELLING § 1. General provisions Article 221. Concept 1. In apartment buildings, recognizes the right of apartment ownership (ownership of premises) and to the part of the building which is not used as a residential property (ownership of the residential area).
2. Ownership of the dwelling and ownership of the residential area recognizes the right of individual ownership.
3. A plot of land, a portion of buildings, structures and installations do not represent individual property are common property owners of residential premises. The dimensions of the share of the joint property shall be determined in accordance with the number of flats (dwellings).
4. Right to individual ownership can only exist in an isolated dwelling or other insulated parts of the building. Garage sites are considered to be isolated if their borders clearly outlines the use of the symbol for a long time.
Article 222. The preferential right to purchase residential property 1. Tenants of residential premises, lived in it for more than three years, have a priority right to purchase it. A statement on the implementation of this right, they turn to the last owner.
2. If a person acquires a dwelling lease payments, in which the acquirer are not employed, he takes the place of the lesser Article 223. Grounds for acquisition of the right of individual ownership of premises 1. For acquisition of the right of individual ownership of dwelling and its termination requires a transaction and its registration in the public registry.
2. The transaction is subject to notarization.
Article 224. The subject of individual property rights 1. Subject to the right of individual property is the area determined in accordance with paragraph 2 of article 221 of this code, as well as constituent parts of this area, which can be tweaked or added separated in such a way that, as a consequence, unjustifiably violated common ownership or proprietary rights of any other dwelling based on the right of individual ownership, or not would change the appearance of the building.
2. Part of the building to ensure its strength and safety, both in common use of the owners of buildings and devices may not be the subject of individual property rights and, if they are related to individual ownership of the square.
3. Under an agreement between owners of residential premises to common property may be classified as those parts of buildings, which are the subject of individual property rights.
Article 225. Definition share in common property 1. Share owner of the residential property in common ownership is determined by the ratio of the area under his personal property, with a total area of, of which is in individual ownership. It is expected that the area of the outbuildings and structures (basements, etc) is one-third of the total area.
2. in case of liquidation of the proprietors share owners of residential premises shall be determined in accordance with paragraph 1 of this article.
Article 226. The inadmissibility of the alienation of personal property without taking into account the proportionate share in the common property 1. Not permitted exclusion, pledge or otherwise encumber individual property without taking into account the proportionate share in the common property.
2. The right to share in the common property also apply to related to her individual property.
Article 227. Registration in a public registry of ownership of dwelling space 1. For each ownership of residential property is populated with a single page in a public registry.
2. In the land book to materials registration of ownership of the dwelling must be attached construction help, certified construction Office, reflecting the design of the building, as well as the location and size of the parts of the building, under common ownership. Separate area ranked in the same apartment are under the overall number.
§ 2. RELATIONSHIP BETWEEN OWNERS of RESIDENTIAL PREMISES Article 228. Registration in a public registry agreements 1. Relationships between owners of residential premises shall be determined by the present code.
2. Agreements that regulate the relationship between the owners of premises otherwise than those of this code, as well as modification or termination of such agreements are effective for third parties only when these agreements are registered in the public registry.
3. Action for the adoption of which in accordance with the present code or by agreement of the parties, the necessary majority, have force after their adoption and for the owners of premises who do not participate in the voting or voted against the decision.
Article 229. Association of owners of residential premises 1. The sum of the individual owners is the partnership of owners of residential premises that is not a legal entity.
2. the owner shall not be entitled to demand the abolition of the proprietors of residential premises. Such a requirement is permissible only when the building is completely or partially collapses.
Article 230. Rights of the owner of the living premises 1. The owner of the residential premises may, in its sole discretion, to use part of his property buildings and exclude any impact on other persons, if such Act does not infringe any law or the rights of third parties.
2. Every owner of a dwelling shall be entitled, in accordance with articles 231 and 232 of this code, the use of common property. For other uses of common ownership, each owner must be allocated proportion according to the rules of article 225 of the criminal code.
3. matters referred to in paragraphs 1 and 2 of this article, the details are governed by the partnership of owners of dwellings, which, in accordance with subparagraph "a" of article 236, paragraph 4 of the present code is submitted by the Chairperson of the proprietors of residential premises and approved by the general meeting of owners.
Article 231. The responsibilities of the owner of the residential premises 1. Every owner of a dwelling shall: a) to retain in this State and used in such a manner a part of the building in its individual property that it does not violate the rules of living together and they were not subjected to harm;
b) ensure that persons employed in his enterprise, which is located in a building or person, which it passes in the land or part of a building, in its individual or shared property, comply with the obligations set forth in sub-paragraph (a);
the impact on parts of the permit) buildings in its individual ownership and joint ownership, if this effect complies with the conditions laid down in subparagraphs a and b;
g) allow eligible persons entry into part of the building are individually owned, and if it is necessary to bring the common property in a proper state of maintenance; incurred when this injury is refundable;
d) permit activities necessary for device communication and supply networks. Owner, in whose favour such activities, shall be obliged to compensate the resulting in the injury.
2. If the building is destroyed by more than half, and the harm is not ensured by insurance or otherwise, cannot be demanded the reconstruction of the building. In this case, the partnership is dissolved.
Article 232. The right to use common property 1. Every owner of a dwelling may, in accordance with its share of the use of common property.
2. Every owner of a dwelling, regardless of the location of his dwelling in the building, other owners is required to be held in accordance with its share of the total costs of ownership, in particular on the contents of the home in good condition, repair, management and sharing of common property.
3. the owner, not voted for activities not related to the content of the House in a proper condition and maintenance, does not bear the responsibilities of the reimbursement of costs incurred as a result of such activities. He has no right to use resulting from these activities.
4. the percentage shall be determined in accordance with article 225 of the criminal code.
Article 233. The definition of shares upon liquidation of the company in case of liquidation of company owners share the common property shall be determined in accordance with the cost of their living quarters at the time of liquidation. If the value of the share of the common property is changed as a result of events that were not supported by the owner of the residential premises, such changes are not taken into account when assessing the value of the shares.
Article 234. Exclusion from the partnership 1. If the owner of the residential premises so flagrantly breached its duties to the other owners that the continuation of the partnership with him became impossible, other owners may demand from him the alienation of living space.
2. the grounds for such a requirement, when: a) the owner of the residential property, in spite of a written warning, grossly violates the obligations under article 231 of the present code;
b) owner of the dwelling for more than three months, delaying the payment provided for in article 232 of this code amounts and arrears in total exceed three per cent of the total cost of his dwelling, although the Bank could give him credit, which would be his dwelling.
3. Decision on the requirements specified in the first part of this article, shall be taken by a majority of two-thirds of those eligible to vote.
§ 3. Management of Article 235. Authorities in the partnership of owners of residential premises common property Management is vested in the owners of residential premises under articles 236-240 of this code and the Chairman of the proprietors of residential premises pursuant to articles 241-243 of this code, and in the formation of the Consultative Council of the Office is carried out in accordance with article 244 of the criminal code.
Article 236. Common property management 1. Management of common property is vested jointly in the owners of residential premises, if this code or agreement of the owners of residential premises is undefined otherwise.
2. Every owner of the residential premises is authorized without the consent of the other owners to take necessary measures to prevent harm, directly threatening the common property. The owner has the right to demand compensation for the costs incurred.
3. Every owner of a dwelling may require such control that corresponds to the agreements reached and decisions taken, and if there are no agreements and decisions, the common interests of owners of residential premises.
4. To corresponding to the common interests of owners of residential premises of good governance, in particular, include: (a) adoption of regulations and) the internal regulations of the proprietors of dwellings;
b) relevant content common ownership and repair if it is necessary to ensure the suitability of the building to stay;
in common property insurance);
g) fundraiser for the content of the building in a proper manner;
d) adoption of the economic plan;
e) all activities that are required for device communication and supply networks for the benefit of owners of residential premises.
Article 237. Competence of owners of residential premises Owners of residential premises together allow the following issues: (a)) drawing up economic and financial plans;
b) full or partial restoration of buildings;
adoption of provisions and) internal regulations;
g) appointment and dismissal of the Chairman of the company;
d) hearing reports of the Chairman of the company;
e) determining the amount of maintenance costs of the building.
Article 238. Meeting of owners of residential premises 1. Owners of premises to take decisions at meetings of shareholders.
2. For the validity of the decision requires that the subject matter at the time of the convening of the meeting has already been declared.
3. A decision may be taken without a meeting, if the owners of the dwelling indicated in writing their consent to it.
Article 239. Convening a meeting of owners of residential premises 1. Meeting of owners of residential premises shall be convened by the Chairman of the partnership at least once a year.
2. the Assembly shall be convened by the Chairman of the company and then, when required to do so by more than one quarter of owners of residential premises. If the Chairperson is absent or partnership in contravention of his obligations, shying away from calling a meeting, the meeting may be convened, and one of the owners of residential premises.
3. the Assembly shall be convened within one week after the written statement on the need to convene a meeting if there is no urgent need.
4. the President of the Assembly, if the Assembly does not decide otherwise.
5. The decision taken by the Assembly, is reflected in the Protocol, which shall be prepared by the Chairman of the meeting or the Chairman of the Audit Commission. Every owner of a dwelling shall have the right to check Protocol.
Article 240. The competence of the Assembly take decisions 1. When deciding each owner has one vote. If one living room has several owners, then they can use the right to vote only.
2. the Assembly is competent to adopt decisions if attended by more than half the owners of premises who are eligible to vote.
3. If in accordance with paragraph 2 of this article, the collection lacked to make decisions, the President may convene a new meeting with the same order of the day. This meeting is competent to adopt decisions, regardless of the number of members present, as should be announced at the meeting.
4. The owner of the residential premises shall have no vote if the decision concerns deals with the owner about the management of common property or disputes with other owners or if the owner has the responsibility of alienation of residential premises.
5. The decision shall be taken by a simple majority of votes, if this code or the regulations on the partnership of owners of residential premises not otherwise provided.
Article 241. Powers of the Chairman of the partnership of owners of residential premises 1. The Chairman of the partnership of owners of residential premises shall: a implement the decisions of the Assembly) of owners of residential premises and take care of compliance with internal regulations;
b) take the necessary measures for the proper maintenance and repair of common property;
in) in cases of the urgent need to take other measures necessary for the proper maintenance of the common property;
g) dispose of the common money.
2. the President may, on behalf of all owners of dwellings: a) require, receive and pay the amount to cover expenditures, debt and mortgage interest, if it concerns the General Affairs of the owners of residential premises;
b) perform calculations to execute obligations and other monetary transactions associated with the current management of common property;
b) conclude transactions and produce the necessary documentation, if they relate to the interests of owners of residential premises;
g) appear in court or other bodies, if owners of residential premises, would have authorized it to do so.
3. the Chairman is obliged to keep the money owners of residential premises separate from his property. The disposal of this money may be subject to the consent of one of the owners of residential premises or any third party.
4. the President, if necessary, Act on the basis of power of Attorney issued by the owners of the premises, which is determined by the amount of his executive powers.
Article 242. The business plan 1. The Chair should prepare a business plan before the start of each year.
2. The business plan should contain: a) the estimated revenues and expenses in the management of common property;
b) duty of owners of premises costs in accordance with their shares;
in residential owners) collect funds for proper maintenance of the building in accordance with subparagraph d of paragraph 4 of article 236 of the criminal code.
3. Every owner of a dwelling shall have the authority itself or by a third person to perform activities on proper maintenance and repair of the building. In such cases the Chairman takes this work evaluates it and introduce a financial plan. The owner of the residential premises are reduced contributions to costs spent respectively.
4. The owners of the premises owe based on the requirements of the President make a prepayment provision approved financial plan. When difficulties with payments, the President may use the appropriate credit Bank.
5. Adoption of decisions approving economic plan gives the President and the right to borrow money.
6. the Chairman shall be obliged at the end of the calendar year to provide a financial report.
7. Owners of residential premises at any time may request from the Chair of the report on the work done.
Article 243. Duty to repair dwelling 1. Every owner of a dwelling is required to other owners bear the costs of maintenance of the common property, its maintenance, management and other expenses.
2. In accordance with paragraph 1 of this article, the expenses were incurred in the amount of the value of the participation interest of each owner of the residential premises.
3. Unless otherwise specified, defined for the current year expenses should be paid twelve equal installments. If you do not observe the collection of funds for proper maintenance of buildings, the Chairman may require prior making these amounts prior to making application for building repairs.
Article 244. Advisory Council 1. Owners of residential premises may decide by a simple majority of votes on the Education Advisory Board. The Advisory Board consists of a Chairman and two members.
2. Advisory Board assists the President in the performance of his tasks.
3. Financial and economic plans, the results of the implementation of the economic plan, reports, estimates, before consideration at a meeting of owners of dwellings should check Advisory Board and make an opinion.
4. The Advisory Board shall be convened by the Chairman whenever necessary.
CHAPTER 5. LIMITED USE of the PROPERTY of OTHER PERSONS § 1. Right of superficies Article 245. Concept 1. Land can be transferred for use by another person so that the person to whom the transfer is made, acquired disposed and inherited the right to have a structure on the surface or beneath the surface of the land plot (right).
2. A right of superficies may extend to the use of part of the land plot, which is not required for construction, if it provides advantages for use of the structure.
3. A right of superficies may have a certain period of time or be indefinite, but may not be limited to otmenitel′nym condition.
Article 246. Applicability of regulations of real estate 1. The relations associated with the emergence and the acquisition of the right of superficies, apply the rules for the purchase of immovable property.
2. structure, built on the basis of the right of superficies is the main part of the right of superficies.
Article 247. Exclusion of the right of superficies if the alienation or rent building right requires the consent of the owner, he or she may refuse consent only if there is good reason.
Article 248. The fee for a right of superficies 1. The holder of a right of superficies may be under contract with the responsibility of paying for this right in the form of periodic payments. It is the right of the proprietor of the Earth is inseparable from ownership of the plot.
2. A right of superficies may be unilaterally terminated only due to not making payments for two years. In other cases, for the termination of the right of superficies to the consent of the holder of a right of superficies.
3. the Fee for a right of superficies, the parties may determine the ten-year interval, if economic conditions do not provide otherwise. This fee shall be determined in the light of the economic conditions.
Article 249. Registration of the right of superficies the right of superficies shall be entered in the public register of property rights among persons who are not the owners, just as a priority right. This sequence cannot be altered.
Article 250. Termination of the right of superficies the right of superficies does not stop the destruction of erected on the land.
Article 251. Compensation upon termination of the right of superficies 1. In case of termination of the right of superficies, the owner of the land plot superficies rights holder must provide appropriate reparation to Liechtenstein for built on plot buildings. Not considered to be due reimbursement of an amount that is less than two-thirds of the cost of the structure.
2. the owner of the land plot may instead extend the reimbursement of the holder of the right of superficies is right on the estimated lifetime of the structure. If the holder of the right of superficies refuses such an extension, he loses the right to claim compensation.
3. the holder of the right of superficies shall not be entitled to upon termination of the right of superficies migrate structure or its components.
Article 252. Registration of claim indemnity 1. The right to claim reparation caused by termination of the right of superficies, replaces in a public registry and the place is right in the same priority replaces it.
2. If a right of superficies to the end of his term is still burdened with the mortgage, ipotekar′ has the right of pledge on a claim for reimbursement.
Article 253. Succession in case of termination of a right of superficies upon termination of the right of superficies landowner becomes a party to the contract or lease entered into by a person having the right of superficies.
§ 2. Usufruct Article 254. The notion of a thing or right may be transferred for use to another person so that the person to whom the transfer is made, will be entitled as owner to use this thing or right and prevent the use by a third party, but unlike the proprietor he has no right to alienate or pledge, to bequeath this thing (usufruct). For mortgage or rent this thing or this right requires the consent of the owner. After the abolition of the usufruct, the owner becomes a party to the existing employment relationship or lease.
Article 255. Legal regulation for the establishment of a usufruct Usufruct may be established on movable and immovable as things, and intangible benefits. When establishing the usufruct of the same rules apply when you purchase of movable and immovable property, as well as intangible benefits.
Article 256. Types of usufruct of 1. Usufruct can be paid and free.
2. Usufruct may exist temporarily or throughout life accepting his face (uzufruktuariâ). Usufruct shall be terminated by the death of a natural person or liquidation of a legal entity for whom a right of usufruct was established.
Article 257. To determine the status of things 1. Uzufruktuarij and owner to transfer things can determine the status of the transmitted on usufruct exercised legally things.
2. in establishing the usufruct of the totality of things uzufruktuarij and owners are obliged to render each other assistance in compiling an inventory of things. The inventory must be provided with a mark on the bottom of its drafting and signed by both parties; each party may require that formal signature. The cost is paid by the party who requires inventorying or signature.
Article 258. Uzufruktuariâ rights and responsibilities 1. Uzufruktuarij has the right to possess the thing.
2. In exercising its discretion, the uzufruktuarij is obliged to keep the old economic purpose things and possess it in accordance with the rules of proper farming.
3. Uzufruktuarij has no right to remodel thing either expose her substantial changes.
4. Uzufruktuarij acquires ownership and those fruits that will extract the contrary to the rules of proper farming or will retrieve excessive amount, if this became necessary due to special circumstances. In this case, he shall compensate the owner of the harm caused by things as a result of such use.
5. Uzufruktuarij should take care of the proper content of things in accordance with its commercial destination. Uzufruktuarij is not responsible for such changes and deterioration of the things, which are the result of normal wear and tear thing. It must improve and repair the thing only to the extent necessary to maintain things in its normal state.
6. Uzufruktuarij must insure the thing for the duration of the usufruct, if insurance corresponds to the proper conduct of the economy. Insurance should be effected in such a way that the right to claim against the insurer was granted to the owner. If the thing is already insured, then uzufruktuarij throughout the usufruct should to pay insurance premiums to the extent that he would be obliged to insurance.
7. If the thing be destroyed or damaged or the need emerges to improve emergency and repair things or measures to protect it from unforeseen dangers, the uzufruktuarij is obliged to immediately notify the owner. This obligation is imposed on uzufruktuariâ and if a third party submits a claim to the right to the thing.
8. If uzufruktuarij will generate costs for things to which he was not obliged to, the duty of the owner of their refund shall be determined in accordance with the regulations on the conduct of Foreign Affairs without orders. Uzufruktuarij has the right to remove the device, which he equipped the thing.
9. If the object of usufruct is a plot together with the equipment, the uzufruktuarij may dispose of separate subjects equipment within proper farming. He must reimburse ordinary losses, as well as replace inventory items, retiring in accordance with proper housekeeping; purchased items from the moment they join the inventory will become the property of the person that owns the equipment.
Article 259. Termination of usufruct of 1. Uzufruktuarij must return the thing to the owner upon termination of the usufruct.
2. The usufruct expires if it is in one person the ownership of a thing.
§ 3. Easements Article 260. Concept 1. The plot may be burdened by the beneficial owner of another land (dominant land) in such a way that the latter had the right to use another's land in certain cases or that on someone else's land could not be committed certain acts, or that it cannot be the exercise of a right which can be seen from the ownership of the encumbered plot against the dominant land (easement).
2. the parties may agree on compensation in the form of periodic payments.
Article 261. The terms of the easement
1. The easement may be only such encumbrance, which gives eligible person an advantage in using the land. The content of the easement may not exceed the limits set above as ordered.
2. in the exercise of the servitude authorized person must respect the interests of the owner of the encumbered land.
Article 262. Maintenance of all the facilities on site for the implementation If the encumbered land easement requires structures at the encumbered plot, it can be determined that the owner of the land plot must contain this structure insofar as this serves the interests of the authorized individual. If the owner has the right of sharing the building, it may be determined that the authorized person must contain construction insofar as this is necessary for the exercise of the right of use by the owner.
Article 263. The dominant section of land in the case of the plot section of the authorized individual land easement remains in force, and in respect of separate parts; However, if you have doubts about implementation of the easement shall be permitted only in such a way that it does not become more burdensome for the owner of the encumbered land. If the easement provides benefits only one part, it stops on the remaining parts.
Article 264. Section of the encumbered land in case of partition of the encumbered plot of those portions which are not subject to the implementation of the land easement shall be exempt therefrom, if the easement is confined to a specific part of the encumbered land.
Article 265. Protection of land easement violation in case of violation of the land easement eligible person granted bona fide owner.
Article 266. A limited personal easement 1. The real thing may be burdened with a person in favor of servitude under the conditions laid down in article 260 of this code. Such encumbrance may consist in the fact that the eligible person is granted the right to use a building or part of a building for their stay, with the release of the owner of the premises (a limited personal easement).
2. A limited personal easement is not transferable. Implementation of the easement may be transferred to another person only if that was allowed.
CHAPTER 6. PROPERTY AS a MEANS of PROVIDING the REQUIREMENTS of § 1. The keystone Article 267. Pledge 1. Movable things and intangible benefits which others allowed could be encumbered to ensure the requirements in such a way that the lender (pledgee) has the right to seek redress through the cost of things.
2. The right of pledge may also be established for the future or conditional claim, if this requirement at the time of emergence of mortgage can be determined.
Article 268. Order of pledge of movables and securities 1. Transfer to others of movable things and indossiruemyh as needed securities as well as other intangible benefits shall be made in accordance with the procedure established for their purchase. If in respect of the property There is a claim against a third party, whenever the right collateral necessary for the third party was informed about the pledge of things.
2. The pledgor and the pledgee can assure security deposit by notary. In this case, bail occurs after the registration in the public registry are not required so that transfer of possession of the property and a statement of other creditors on mortgage. The document must be specified the personality of the pledgor, possible third party debtors, mortgagee, as well as the amount of the secured claim, benefit and meet the deadline.
Article 269. Effects of early performance if the requiring and the debtor will fulfill the obligation before the expiry of the collateral, replaces the requirement (surrogaciâ).
Article 270. Right of mortgagee in good faith if the transfer of mortgage to another person is effected through the transfer of the document and the pledgor owns this thing (right) at the time of emergence of mortgage, without the right to transfer their pledge, the pledgee shall be considered a bona fide purchaser, if he did not know or could not have known about it. The integrity of the mortgagee gives him an advantage compared with others.
Article 271. Limits collateral Pledge provides the requirement and the related additional rights.
Article 272. Acquisition of debtor's rights If the pledgor is not simultaneously a personal debtor pledge requirements, he may present an objection to the mortgagee the right to which has a personal debtor.
Article 273. Priority of claims if the claim of the debtor's assets and simultaneously provided by third parties, third parties may require that the lenders to use their property initially dismissed their demands at the expense of the debtor's property.
Article 274. Distribution of collateral included in the collateral property value of Pledge extends to all property values, which includes collateral owned.
Article 275. The pledge with the transfer of ownership
1. If collateral is provided with transfer of possession, the mortgagee must properly contain it. He is entitled to receive the benefit, which is counted in the secured claim. He may request the pledgor compensation incurred in connection with the subject of necessary expenses.
2. If a mortgagee fails to adequately discharge its responsibilities, the pledgor may request the transfer of subject matter to a third person.
3. If there is a danger of mortgaged object or a substantial reduction in its cost, the pledgor is entitled to demand the return of the subject and to propose to the pledgee other means of securing the claim. About the dangers of mortgaged subject or significantly reduce the cost of the pledgee shall be obliged to immediately inform the pledgor and assign it a duration to offer another means of ensuring. If the mortgagor does not offer another means of ensuring, the pledgee shall have the right to sell the item. When selling collateral implementation rules apply. The proceeds of the sale the amount eventually replaces the collateral. Before the expiration of the lien the amount stored with the corresponding charges.
Article 276. Obligations of mortgager when registration of the right of pledge 1. If the lien is registered, the mortgagor shall keep the collateral and properly contain it. He is empowered to continue to benefit from this item.
2. If you can assume that the pledgor cannot fulfill these their responsibilities, the mortgagee may demand transfer of the subject. In the case of the mortgaged right that registers, the pledgee shall have the right to notify the debtor-to a third party. Since the message the debtor must execute the demand of mortgagee upon maturity.
Article 277. Subsequent bail for subsequent collateral collateral mortgagee need the prior consent of the pledgor.
Article 278. Conclusion of transactions on the subject of mortgage deals about the subject of mortgage should be the prior consent of the pledgee.
Article 279. Repeated pledge of One and the same thing can be laid a few times. Priority shall be determined in accordance with the pledge.
Article 280. Protection of the rights of the mortgagee If the pledgee hindered in the exercise of his rights, he can use against hindering a person the same rights as the owner.
Article 281. Transfer of collateral to a new lender 1. With the transfer of the right of claim to a third person to a new lender goes well and right of pledge.
2. each of the third parties, the legal situation which could get worse due to the exclusion of the subject of the pledge, is competent to execute the request and thus assume the right of pledge.
3. The collateral may not be transferred to another person without transferring the corresponding requirements. If you pass the requirements excluded transition of mortgage, then disappears and the right of pledge.
Article 282. Termination of a pledge a pledge shall be terminated at the time the requirement for which it exists.
Article 283. Termination of Lien by abandoning a pledge 1. Collateral ceases when the mortgagee pledgor or owner declares that he waives the collateral.
2. If collateral is provided with transfer of possession, he stops when returning the ownership to the pledgor.
Article 284. Termination of a pledge by the transition of mortgage foreclosure Bail if he is terminated together with the right of ownership is in the hands of one person. This rule does not apply until the right third party burdened with a requirement to ensure that there is security.
Article 285. Duties of mortgagee at pledge release If a bail is discontinued, the pledgee shall return it with the item to the pledgor or its owner.
Article 286. Satisfaction of the pledgee 1. Satisfaction of the pledgee is made by way of sale of the pledged assets or other disposal of the subject.
2. The pledgee shall have the authority to implement the object, if the term comes of full or partial execution of the monetary claim.
Article 287. Invalidity of agreements on direct transition of ownership right to the pledgee Ineffective agreement whereby ownership of the collateral passes to the pledgee if his demand is not satisfied or is not satisfied in a timely manner.
Article 288. Sales collateral Right of sale of the pledged object the mortgagee has only when necessary to meet their requirements.
Article 289. Sale of mortgaged repeatedly the subject if the subject several times, laid claim to its sale has only the mortgagee, lien which precedes the law of pledge of others. If he refuses to exercise this right, the right of pledge shall have and the subsequent mortgagees.
Article 290. The transfer of the subject of pledge to the person entitled selling 1. The collateral must be passed to ensure that the mortgagee has the right to sell this item.
2. If the implementation of requirements depends on Commission of a legal action, then the mortgagee may request the pledgor of the implementation of this action. If the pledgor within two weeks does not fulfill the requirement of the pledgee, the pledgee shall have the authority, on behalf of the mortgagor to carry out this action against third parties.
Article 291. Warning about selling the mortgagee is required to notify the owner of the forthcoming sale of the object, while the amount that can be realized from the sale. The implementation may not be carried out until two weeks after the warning.
Article 292. 1 sale at public auction. Sale of collateral is made at public auction.
2. If the collateral has a stock or the market value, then the mortgagee could entrust the sale subject to special trade institutions.
Article 293. Inadmissibility of sale of the pledged assets at a price below the cost of material collateral cannot be alienated the price lower than the cost of the material. On demand of the pledgor before selling this price establishes expert.
Article 294. Other rules about the sale of the pledged 1. The owner and the mortgagee may agree on the sale of the subject in a different order, other than outlined in this chapter. If the collateral has the right to a third person and eventually exclusion of collateral it stops for exclusion requires the consent of the third person.
2. If a different procedure for sale of the subject of the pledge conforms to the interests of the parties, each of them may require the sale of the subject was evaluated in that order. If the parties fail to reach agreement, the Court takes the decision.
Article 295. Bid of the mortgagee and the owner of the mortgagee and the owner can jointly take part in the auction. The proposed owner price may be rejected if the amount will not be paid in cash.
Article 296. Sell for cash the collateral can be sold only with the condition that the buyer immediately would make the purchase amount in cash and that it loses its rights, if not do so. When selling without this condition the purchase price shall be considered as received by the mortgagee; his rights in respect of the buyer are not affected.
Article 297. Consequences of lawful exclusion 1. With lawful exclusion and transfer of mortgage to Purchaser shall pass the same rights as if it had bought the thing from the owner.
2. If the subject of the alienated as collateral so that the transferor does not have the right to pledge or if the requirement was not necessary, the bona fide purchaser still gets not unencumbered by property.
Article 298. How to implement the requirements of Implementing the requirements of the payment shall be effected by the debtor in favour of the creditor.
Article 299. Proceeds from the sale to the extent that the proceeds from the sale of the pledged amount due mortgagee with the aim of satisfying the requirement is considered to be executed by the owner. The remaining amount of revenue is seen as ensuring that replaces the bail.
§ 2. Mortgage Article 300. Concept 1. The real thing may be burdened with to ensure the requirements in such a way that the person in whose favour it is established that the right was given to encumber the get satisfaction of its claim through this stuff (mortgage).
2. A mortgage may be established for the future or conditional claim, if the establishment of a mortgage, this requirement can be determined. Can also be defined the maximum amount for which must be made satisfaction through real estate. This amount is determined and entered in the public register.
3. the claim secured by the mortgage, can be replaced by another requirement. This requires the agreement of the owner and lender (ipotekarâ) and the registration of this agreement in a public registry.
Article 301. Total mortgage If the requirements established to ensure the mortgage on a few things (total mortgages), then every thing can be levied on demand in full. The lender may, at its discretion, seek redress in whole or in part at the expense of individual things.
Article 302. Mortgage owner if the requirement, which installed a mortgage did not raise, phased out or goes to the owner of an immovable, the mortgage goes to him (mortgage owner).
Article 303. Mortgage registration 1. Mortgage arises from the moment of registration in the public registry. Check-in is made in the prescribed manner, upon presentation by the owner of an immovable and ipotekarem documents certified by notary. They should be listed owner of real estate, ipotekar′, an alleged debtor is the third person, as well as the amount of the secured claim, benefit, and time of execution.
2. Mortgage can be installed in such a way that the resulting from the mortgage lender's right was defined only content provided by the requirement that the lender could not be invoked in support of its claim for registration. This mortgage is entered in the register as a guarantee (interim) mortgage. Mortgages in large amounts can only be guaranteeing.
Article 304. Repeated encumber an immovable hypothec
1. one and the same immovable thing may be burdened by mortgage several times. The sequence of the time for the establishment of a mortgage.
2. If the owner of an immovable is obliged before the other person to stop the mortgage provided that the mortgage would be merged together with the right of ownership in one person, then this obligation can be registered in a public registry.
Article 305. Rights of the owner, not a personal debtor the secured mortgage requirements 1. If the owner of an immovable shall not at the same time is a personal debtor the secured mortgage obligations, it can still produce ipotekaryu counterclaim, which has only a personal debtor, in particular counterclaims on credit and monetary obligations associated with the appeal requirements.
2. If the term of fulfillment of requirements depends on the termination of the relationship, the termination is only valid, if say the owner of the creditor or lender owner.
Article 306. The owner's right to the creditor's satisfaction 1. The owner of an immovable has the power to satisfy the lender, when the execution time has already arrived or personal debtor is competent to perform the appropriate action.
2. If the owner is not a personal debtor, the claim goes to him if the owner can satisfy the lender.
3. In responding to the creditor the owner may demand the documents necessary for the correction in the public record or termination of a mortgage.
Article 307. Distribution of mortgage on an immovable fruits 1. Mortgage extends to the fruits of the immovable, if they have not obtained as a result of normal economic activities or have not alienated.
2. By virtue of the mortgage at the expense of real property covered by on-demand interest and court costs.
Article 308. Duty content encumbered mortgage stuff 1. The owner is obliged to maintain the real value of things. If, as a consequence of the deteriorating circumstances mortgage security threatened, the creditor may determine the owner of a reasonable period of time to prevent this threat.
2. If the thing is insured, the insurance company may pay after the deteriorating circumstances of the insurance sum insured only when the fact of the occurrence of harm to the creditor has already been reported. The lender may prevent the payment amount, if he feared that the amount will not be used to restore things.
3. If it turns out that the owner is not able to discharge his duties, the lender may require the transfer of control thing. A decision on such request takes the Court.
4. Ineffective agreement whereby the owner undertakes not to alienate, not to use or otherwise encumber the real thing. The validity of such a transaction for a third party can not depend on the consent of the creditors.
Article 309. Switching your mortgage and secured its requirements for another person and it finances Mortgage requirement can be transferred simultaneously and together. When transferring the new creditor requirements goes and mortgages. Transfer of requirements is valid only provided that a certified notary document on mortgage is transferred to the new creditor and it is registered in the public registry as the new lender.
Article 310. Duties of the debtor before new creditor If after migration requirements for new creditor debtor pays the old lender, this payment does not exempt it from the obligation to the creditor and, if he knew nothing about the transition.
Article 311. The presumption of reliability record in the public registry when switching your mortgage and the new creditor Mortgage requirements and the requirement of just moving to a new lender, as it was when the previous lender. Registered in a public registry data, based on the interests of the creditor shall be deemed to be correct. In this case, the debtor may not rely on the fact that there is no requirement. This rule does not apply if the new lender knew about incorrect entries in the registry.
Article 312. Rights of third parties 1. Any third person, whose situation has deteriorated as a result of the realization of the mortgage, is competent to execute the request and this way to transfer the mortgage to itself. While meeting the lender it may require certified documents and accordingly register itself as ipotekarâ.
2. If a personal debtor to satisfy the lender, mortgage goes to him and he can demand compensation from the owner.
Article 313. The refusal by a creditor from claims or mortgages 1. If the lender waives or mortgage, the owner becomes ipotekar′. Failure is legally binding, provided that he is registered in the public registry.
2. If the creditor waives the mortgage, but not from the requirement, personal debtor will still be free if it in turn could get refunds from the mortgage.
3. If the owner has the right to challenge, which excludes mortgages long-term use, he may require the lender to the abandoned the mortgage.
Article 314. Requirement of selling stuff, encumbered by a mortgage 1. If the debtor delaying relief, which is a means of providing mortgages, ipotekar′ has the power to require the sale of an immovable.
2. sale is carried out in accordance with the guidelines set out in this chapter rules and regulations of the code of civil procedure. The rules of the present code are applied as special rules.
Article 315. Forced sale 1. Forced selling at public auction shall be carried out by the Court on application by the creditor; the Court shall appoint a specialist (expert).
2. the decision of the Court is made a public post. In addition, the Court shall announce the coming sale at public auction made in the register of authorized persons.
Article 316. Other forms of sale of immovable property 1. The Court may, on the joint statement of the owner and lender establish another form of sales. Pending such decision, the Court must hear the parties.
2. Ineffective agreement whereby ownership of the estate goes to the lender if it is not satisfied or is not fully satisfied.
Article 317. Rights of the debtor after the sale of 1. After deciding to sell things at a public auction, the debtor loses the right to retain the fruits of things.
2. If the debtor himself or his family resides in a building or part of a building, encumbered by a mortgage, it remains the employer and must pay for the employment market conditions, respectively.
Article 318. Prevent bidding 1. The owner or a third party whose rights may be violated as a result of the trades, has the right to suspend the bidding by satisfying the requirement.
2. Tenders may be suspended for a maximum of up to six months by paying the owner in court, if the authorized person is satisfied that by suspending the bidding can be prevented, and if on the basis of personal and economic relations of the owner or in accordance with the nature of the debt suspension is acceptable. Statement shall be satisfied if the suspension would lead to inconsistent drawn negative results for the lender.
Article 319. Bid of the creditor, debtor and creditor, debtor and the owner, the owner shall be entitled to take part in the auction, during which the debtor and creditor must submit the expert recognizes that appropriate.
Article 320. Repeated bidding If during the first car auction, you do offer, amounting to seventy per cent of the cost estimated by the expert stuff, the auction should be held again. Repeated bidding must be declared on the same form as the first, and to the fact that they are again. In repeated bids the lowest price must be at least sufficient to cover the cost of the process and the requirements of the lender. If this does not happen, there are no trades. The costs of the trades placed on the owner.
Article 321. Cancel trades because of selling stuff 1. The buyer is obliged to submit the bid thing expert whom enforce, purchase price, from which shall be deducted the costs related to execution.
2. the buyer becomes the owner of the things only after paying its cost.
3. As a result of a transfer of ownership, all mortgage and rights in rem, obremenâvšie thing and registered after the mortgage lender who enforced. All other limited rights to thing remain unchanged.
4. The new owner becomes a party existed at the time of transfer of ownership relations on hiring and renting. As a consequence of the transfer of ownership to a new purchaser original owner is treated as the employer in accordance with market conditions.
Article 322. Order of distribution of the proceeds from the sale of things 1. If entitled to sell stuff person only ipotekarem or received from trading income less the expenses cover the requirements of all of the creditors expert after spending allocates the purchase price to the creditors. The remainder is transferred to the person whose thing was sold.
2. If the purchase price is not sufficient to satisfy all claims secured by mortgage expert said expenditure, making the remaining amount in the special account, is a distribution plan in accordance with the order of entries in the registry and submit it to the Court. The court approves the plan and indicates the experts to implement the distribution based on the plan.
Article 323. Responsibility of a State in connection with the bid improperly If officially designated expert does not fulfill the responsibilities entrusted to him in connection with the bidding for the harm caused by responsibility to the parties jointly and severally bear State and expert.
Article 324. Forced Office thing 1. Based on the application of authorized to enforce ipotekarâ the Court may instead of expropriating things on bids to establish compulsory management thing (sequestration). In such cases, the court appoints the Manager or the owner. control function passes
2. before taking a decision, the Court should hear the registered in the public register of persons whose rights may be infringed upon by forced control.
3. compulsory control can be established only if it is anticipated that the implementation of such management revenues exceed current expenditure management.
4. If the debtor himself or his family resides in a building or part of a building, which is set to forced, it should pay for the use of residential premises at market conditions.
5. the manager gets the fruits of things and on the basis of the report issued by them and approved by the Court plan distributes them at the end of the year, after deducting all expenses, including the costs of management.
6. forcible administration shall be subject to termination if the lender is satisfied or it is clear that by this control is not achieved the satisfaction of creditors.
SECTION 4. PUBLIC REGISTER Article 325. Appointment of public register 1. The public record is available for consultation by any interested person with him. In the public record made the ownership and other rights in rem in immovable things.
2. Organization of public register is determined by a separate law.
Article 326. The presumption of accuracy and completeness of the registry 1. Registry data, there is a presumption of validity and completeness, that is, an entry in the registry is deemed to be reliable until proved its inaccuracy.
2. in favor of the person acquiring the security interest based on the transaction from another person any recorded in the registry on its seller name right, an entry in the registry is deemed to be reliable, except for the cases when this entry made or the acquirer knew about the inaccuracy of the record.
Article 327. Obtaining consent to fix inaccurate records 1. If the person's name in the registry entered on the right, which it no longer belongs to the person, rights and legal situation which adversely affected by this registration may require consent to fix entries from persons whose rights with respect to the correction.
2. To establish ownership, can be made a complaint about the unreliability of the registry. When you make a complaint it is assumed unreliability of the registry.
Article 328. Priority rights, registered in the register 1. Priority rights registered in the register is determined by time sequence, respectively. Date of registration shall be the date of submission of the application for registration.
2. the order may be subsequently changed. This requires the consent of the Exchange order and registration of changes in the registry.
3. when registering a right owner may stipulate the condition that a right has been registered to another law. This condition is also subject to registration.
Article 329. Preliminary registration in the public register 1. To ensure the registration requirement of the right to reportable thing in the registry can be made provisional entry. It allowed for the future or conditional claims.
2. registration made after appointment, does not have any effect against a person protected by the provisional registration if the registration does not infringe or does not stop his demand.
3. registration of an appointment is made to establish ownership, with the permission of the registered things which refers to this entry.
4. If a person, things of which refers to the provisional record, has the right to appeal and the appeal exclude the use of secured provisional record thing for a long time, it may require the lender to cancel the appointment.
5. If the acquisition of any right is not valid for the persons in favor of whom made the provisional record, it may require the purchaser's consent to registration that will be necessary to implement the requirements, secured the provisional record.
PART 3. CONTRACT LAW SECTION 1. GENERAL PROVISIONS on OBLIGATIONS Article 330. Concept 1. By virtue of the obligations the creditor has the right to demand from the debtor of any action. Performance of an obligation may consist in the fact that the debtor will refrain from engaging in actions.
2. With regard to its content and nature of obligation could place on each of the parties a special concern for the rights and property of the other party. Liability can be limited and only those.
Article 331. Treaty 1. For the occurrence of the obligations or changes its content must be the conclusion of a treaty between the parties, unless the obligation arises as a result of the injury (tort), unjust enrichment or other grounds prescribed by law.
2. Under article 330 of the present code obligations may arise already and based on the Treaty.
3. a participant in the negotiations may require the other party to the reimbursement of costs incurred for the contract, which is due to the negligence of another party was not concluded.
Article 332. Provision of information the obligation may derive a right to receive information. Provision of information implies a duty to present the relevant documents. The provision of information should be ensured and when it is set to determine the content of the obligation and the Contracting Party may, without prejudice to its rights to issue such information. The costs of the provision of information to the beneficiary must reimburse the person liable.
CHAPTER 1. CONTRACT LAW § 1. General provisions Article 333. Freedom of contract
1. within the limits of the law, persons may freely enter into contracts and to determine the content of those treaties. If, in order to protect essential interests of society or the identity of the validity of the contract depends on the resolution of a State, this should be regulated by a separate law.
2. If one of the parties to the Treaty occupies a dominant position on the market in this field of activity it has the obligation to conclude an agreement. It may not unreasonably propose counterparty unequal conditions of the Treaty.
3. Persons who obtain or use goods and services in order to meet their enterprise or vital interests may not be denied a contract if the other party of the contract operates within its business.
Article 334. Treaty on the transfer of property by a contract under which one party undertakes to transfer all of its assets or a substantial part of its assets or encumber its usufruct shall be notarized.
Article 335. Treaty on the transfer of future property contract under which one party undertakes to submit all your future property or a substantial portion of future property or encumber its usufruct is void.
Article 336. The inheritance contract of the third person alive 1. The inheritance contract of a third person who is alive, is negligible. The same rule applies to the mandatory contract hereditary share or testamentary refusal concerning the inheritance of the third person alive.
2. These regulations do not apply to the contract concluded between the future heirs at law regarding legal or binding hereditary share any of them. This contract is subject to notarization.
Article 337. Form of agreement on the immovable contract under which one party undertakes the obligation to transfer the ownership of another immovable thing or buy it, subject to certification by a notary. Prisoner without complying with this form of agreement is valid if it is registered in a public registry.
Article 338. The extension of the obligation for identity if the person assumes the obligation to alienate or encumbered thing, then this obligation extends to membership, since a contract provides otherwise.
Article 339. Definition of the modality of execution 1. If the execution method should identify one of the parties or a third person, it is assumed that the definition should be equitable discretion. The definition takes place by means of a declaration, turned to the other side.
2. If the definition is just the discretion of one of the parties, it is necessary for the other party only when it conforms to justice. If the definition does not meet the criteria of fairness, the way of performance is determined on the basis of a judicial decision; the same applies if a party tolerate delay determine how execution.
Article 340. Analogy the rules on contractual obligations also apply to other non-contractual obligations, unless otherwise follows from the nature of the obligation.
§ 2. The conclusion of a Treaty Article 341. Conclusion of contract 1. The contract is considered concluded when the parties have reached agreement on all its essential conditions in compliance with the prescribed form for this purpose.
2. Essential conditions of the contract on which recognized by expression of even one of the parties to the agreement should have been reached or substantial elements of the Treaty they are recognized by law.
3. A treaty obligation may arise subsequent conclusion of the contract. The form established for the Treaty, extends to a preliminary contract.
Article 342. Form of agreement 1. If the validity of the contract law have a particular shape or form in so far as the parties to the Treaty, the Treaty shall enter into force only after the performance of the requirements of this form.
2. If the parties have agreed in writing, a contract may be formed by composing a single document signed by the parties; to ensure compliance with the form by telegraph, telex or message of an exchange of letters.
Article 343. Offer 1. A proposal to conclude a contract (offer) is considered as having been made, if this sentence to one person or several persons expressed that in case of acceptance (acceptance) has made a proposal, a person (the offeror) is ready to fulfill its proposal.
2. the proposal addressed to one or more specific persons constitutes an invitation to offer, if this proposal expressly stated otherwise.
Article 344. Acceptance 1. The offer, made as a person (by direct contact) must be adopted without delay.
2. the offer made by the missing person may be accepted only up to the time during which the person who made the basic offer, can expect an answer.
Article 345. Period of acceptance If the offeror determined period for acceptance, acceptance can only be accessed within this period.
Article 346. Late acceptance If the acceptance reaches communicated late and out of acceptance, it is evident that he sent in a timely manner, accepting only then may be considered too late, if the offeror notifies the offeree without delay notify the other side.
Article 347. New offer 1. Late acceptance to an offer recognizes the new offer.
2. If the response agreed on conclusion of the contract, but on other terms than stipulated offer such response shall be deemed to be a waiver of the offer and, at the same time, a new proposal.
Article 348. Modified acceptance if dealings acceptance is carried out with the changed conditions, the contract shall be considered concluded if the Accepter had the right to be with the agreement of the proposer and the latter promptly notifies the refusal.
Article 349. Accept the default 1. If the entrepreneur carrying out activities for others will receive an offer of performance from the person with whom he has a business relationship, he must within a reasonable time to respond to this proposal; his silence may be deemed acceptance. The same rule applies in cases where an entrepreneur gets such an offer from the person from whom he requested orders for the implementation of such activities.
2. If the employer rejects the offer, and already sent the goods, he must avoid harm to temporarily store the goods in such a way as not to cause him harm.
Article 350. A contract concluded on the street 1. The contract between the consumer and the person selling within your enterprise, on the street, in front of the House and in similar places, is only valid if the consumer within one week writing rejects the Treaty, except where the performance takes place in his opinion.
2. The same rule applies in respect for non-commercial purposes granted loans (consumer loans) and insurance coverage.
Article 351. Local tradition if the individual expression of the Treaty could be interpreted differently, preference should be given to that which is usually taken at the place of residence of the Contracting Parties. If the parties have different residence, place of residence is decisive of the Accepter.
Article 352. Strange values if there are mutually exclusive or meaningful expressions of preference should be given to the importance that the more consistent with the contents of the Treaty.
Article 353. Trade Customs and traditions in determining the rights and obligations of the parties to the Treaty may be taken into account the Trade Customs and traditions.
Article 354. Interpretation of treaties when interpreting mixed mixed contracts are taken into consideration, the rules on contracts which are closest to the point of execution and it matches.
Article 355. Recognition of the debt for the validity of a treaty that recognized the existence of a personal relationship (recognition of the existence of the debt), you should make written application for recognition. If the occurrence of personal relationships, whose existence has been recognized, provided some other form, for Treaty recognition of debt also requires this form. If the debt is recognized based on the payment (payment), or by agreement, compliance with the form is optional.
§ 3. Standard conditions of contract Article 356. Concept 1. Standard terms and conditions of the contract are made in advance for multiple use conditions that one party (making offer) represents the other side and through which rules should be set that are different from the rules of law or Bina.
2. If the conditions determined by the parties in detail, it is not considered a standard contract terms.
Article 357. Inclusion in the Treaty of standard terms and conditions 1. Standard terms only then become integral parts of the contract concluded between the offering of his and the other party when: (a)) has made a proposal on the place of conclusion of the contract will clear the text box, and will refer to these terms and conditions;
b) the other party has the opportunity to review these terms and if you agree to these terms.
2. If the other party is an entrepreneur, standard terms and conditions of the agreement becoming an integral part of the contract, provided that in the case of necessary business prudence he had it.
Article 358. Unusual provisions of the standard clauses of the contract, the provisions of the standard contract terms, which in form is so strange that the other party could not foresee, become an integral part of the contract.
Article 359. Interpretation of an ambiguous text in favor of the other party if the text of the standard terms is unclear, it has been interpreted in favour of the other party.
Article 360. Invalidity conditions, contrary to the principles of integrity and trust Ineffective standard term of the Treaty, despite its inclusion in the Treaty, if it is in opposition to the principles of trust and integrity is harmful for the other party to the Treaty. This should be taken into account the circumstances under which the Treaty had been made to these terms and conditions, the mutual interests of the parties and more.
Article 361. The disparity of standard terms in standard terms and conditions of the contract, which has made the proposal the party applies in respect of natural persons not engaged in entrepreneurial activity, are repealed: (a)) regulations, which has made the proposal the party sets the disproportionately long or short term for acceptance of the offer or the renunciation or performance of a work (date of acceptance and fulfillment of obligations);
b) provisions which made the proposal, the party sets the execution of its obligations differ from legal norms are disproportionately long or insufficiently defined time limits (time limits in violation of the commitments);
in) the provisions that entitle to do offer side unreasonably and without good reason specified in the agreement to refuse to perform its obligation; This rule does not apply in respect of long-term commitment (a condition of abandoning commitments);
g) provisions, which give the right to change the side's proposal to the vagaries of promised work or retreat from it, if consent was unacceptable to the other side (the condition changes);
d) provisions, which give the right to demand-side proposal made by other parties a disproportionately high compensation expenses.
Article 362. Invalidity of standard terms in standard terms and conditions of the contract, which has made the proposal the party applies in respect of natural person not engaged in entrepreneurial activity is also null and void: (a)) price increase provisions in unreasonably short time. This rule applies in the long-term obligation Relations (short-term price increases);
b) provisions that limit or exclude the right of a party to the Treaty to renounce the fulfillment of an obligation, provided her with this code, or the right of the parties to the Treaty to renounce the contract until the other party has not fulfilled its mandated obligations (rejection);
in) provisions which party is deprived of the right of set off undisputed or established by a court decision (prohibition of set-off mutual claims);
g) provisions designed to relieve made the offer aside from the statutory duty to warn the other side or give her time limit for performance of the obligation (warning about the performance of the obligation, the appointment of term);
d) on demand the amount in excess of the amount of damage (an exaggerated claim of reparation);
e) provisions excluding or restricting liability for damage caused by violation of the requirements due to gross negligence made the proposal of the party or its representative (responsible for negligence);
f) provisions, which in the case of a violation of the basic obligation to do offer party is limited or excluded the right of the other party to the Treaty to withdraw from the contract, or that the other party to the contract is disqualified or contrary to paragraph "e" of this article is limited to its right to claim compensation for the injury caused by the failure (breach of requirements on the performance of the principal obligation);
w) provisions, which in the case of partial performance of an obligation made the proposal to deprive the other party of the contract a party the right to claim damages for non-performance of the contract as a whole or to rescind the contract, if it is no longer interested in a partial performance (loss of interest in partial fulfillment of obligation);
and) provisions, which unlike the statutory rules restricting the responsibility of the parties to the proposal made the weaknesses of the subject when the supply of new products and the performance of the work.
§ 4. Contracts in favor of a third party Article 363. Eligibility requirements for the performance of the contract for the performance of the contract in favor of a third person may claim as a creditor and a third person, unless a statute or contract provides otherwise or the nature of the obligation does not appear anything else.
Article 364. Clause in the contract 1. In the absence of special reservations, in the circumstances of the case, in particular, of its objectives, it is necessary to establish the following: (a)) whether a third party purchase right or should not;
b) does this right directly or it occurs if certain prerequisites;
in) are competent or not parties to the agreement to stop or modify the right of a third party without his consent.
2. a party which has made a reservation in the contract in favor of a third party, reserves the right to replace the third person specified in the contract irrespective of the consent of the counterparty.
Article 365. Failure of a third party if the third party refuses to be purchased under the contract law, the lender may require performance, if indeed the obligations from the contract or otherwise.
§ 5. Rejection of the Treaty, Article 366. The consequences of a refusal of the contract 1. If one of the parties to renounce the Treaty, in the case of withdrawal from the Treaty received performance and benefits are returned.
2. Replace the return in kind to the debtor an obligation to refund if: (a)) based on the nature of his return cannot be acquired;
b) received the subject party uses, will it affect the alienation, in legal terms, rework or redo;
in the resulting object) suffered the damage or loss; not taken into account wear and tear caused by an appropriate use.
3. If the contract was stipulated mutual performance, monetary compensation is replaced by this performance.
4. the obligation of compensation does not arise: a drawback if the subject), entitling the rejection of the contract, was detected when processing or transformation of the subject;
b) if damage or destruction of the subject is due to the fault of the creditor;
If the subject) has undergone damage or destruction from the authorized individual, despite the fact that he's with the same care applied with them as with their own things. What is left, is to be returned.
5. In case of violation of obligations arising from paragraph 1 of this article, the creditor may, in accordance with article 405 of this code require redress.
Article 367. Compensation for damage 1. If the debtor does not receive a benefit as a result of the breach of the rules regarding the use of the thing, though, and had the opportunity to do so, he shall be obliged to compensate the creditor harm.
2. If the debtor gets the thing reimburse her the cost in money or in accordance with sub-paragraphs a and b of paragraph 3 of article 366 of the present code is invalid the requirement of reparation, it shall be reimbursed the necessary expenses related to the content of things. Other expenses are reimbursable only if the creditor they benefited.
Article 368. The simultaneous performance of obligations when withdrawing from the Treaty Obligations arising from the withdrawal from the Treaty, must be executed by the parties directly and at the same time.
Article 369. Notification of withdrawal from the Treaty is made with notification to the other party.
Article 370. Deadline for withdrawal from the Treaty If the deadline for withdrawal from the Treaty is not installed, then the term of withdrawing person can be determined by the other party to the contract. The right of withdrawal shall be extinguished if, before expiry of the period was not reported about it.
Article 371. The indivisibility of the right exit if one side or the other of the Treaty involves several individuals exit can only be accessed by all participants jointly. If the right of withdrawal is lost for one of the eligible persons, this right is lost for all.
Article 372. Inadmissibility of withdrawal from the Treaty is invalid withdrawal in connection with failure to perform obligations if the debtor could be freed from the obligation by offsetting obligations and after exiting immediately would offset obligations.
Article 373. The loss of rights If the agreement is concluded under the condition that, on the basis of the contract, the debtor should lose their rights in the event of failure to perform its obligations, upon the occurrence of such a case, the creditor shall be entitled to withdraw from the contract.
Article 374. Error in grounds zamireniâ 1. Invalid contract which dispute or uncertainty about the legal relation by mutual concessions (Suppression), if on the basis of the content of the Treaty, this suppression is based on untrue circumstances and dispute or uncertainty would not have knowledge of the actual circumstances of the case.
2. lack of legal relation equals the questionable exercise of any requirement.
CHAPTER 2. The PERFORMANCE of the OBLIGATIONS § 1. General provisions Article 375. The presumption of the existence of obligations 1. Each response implies the existence of obligations.
2. obligations must be performed properly, in good faith, within a specified time and place.
Article 376. The place of performance of obligations 1. If the place of performance was not determined in advance or it appears from the nature of the obligation, the execution should be carried out at the place of residence of the debtor at the time the obligation arises.
2. If performance of the obligation to change the place of residence of the debtor or the location of his company and the creditor in connection with these additional costs will arise, the debtor should pay these costs to the lender.
3. If performance of the obligation to change the place of residence of the lender or the location of his business and therefore increase the cost or risk of execution, the creditor assigned as compensation of excess costs and additional risk.
Article 377. Early performance of the obligation, the debtor has the right to execute ahead of the commitment, if a lender for a good reason refuses to accept performance.
Article 378. Term of execution 1. If the execution time was not defined or is not apparent from the circumstances, then the lender may require immediate execution, and the debtor has the right to immediately produce.
2. If the term was defined, it should be considered that a creditor cannot enforce earlier.
Article 379. Demand early performance if performance of the obligation in favour of the debtor set any term, the obligee may require performance immediately, if the debtor has become insolvent or diminished value resulting from achieving or not at all represented.
Article 380. Execution of obligations under a transaction made under the condition where the validity of the transaction depends on the occurrence of any conditions, the obligation must be performed on the day of the occurrence of this condition.
Article 381. Right to refuse enforcement of a bilateral obligation If the debtor is of the same legal relationship, which is its commitment to such a claim to the lender in which the performance is due, he shall have the right, if the obligation otherwise requires, repudiate their obligations before the execution of the obligations of the lender.
Article 382. Consumer credit
1. Compensatory agreement together with the loan agreement form an interrelated transaction in which loan provides financing for the purchase price and both to be treated as an economic unity. Economic unity is when the debtor (the buyer) when preparing or signing the agreement relies on the seller's assistance.
2. The beneficiary when consumer credit may waive the repayment if the resulting from interconnected onerous Treaty an objection against the seller gives its right to refuse to perform its obligations.
Article 383. Performance of an obligation by a third party 1. If the law or the contract and from the nature of the obligations that the debtor is obliged to fulfill the obligation personally, this obligation may be fulfilled and the third party.
2. the lender may not accept third party execution against the debtor.
Article 384. Satisfaction of the creditor third party 1. If the lender drew on enforce the debtor owned thing, anyone who as a result of compulsory execution are in danger of losing the rights to this thing may satisfy the lender.
2. If a third party to satisfy the creditor, the right passes to the person. Such a transfer cannot take place at the expense of the creditor.
Article 385. Acceptance of performance by a person 1. The debtor should discharge its obligation with the adoption of the execution creditor or person, by law or a court decision, is entitled to accept performance.
2. If the performance of an obligation, the obligation of the person took unauthorized will be considered executed, provided that the creditor has consented or has received benefits from this performance.
Article 386. Alternative obligation If, there are several ways to perform an obligation, provided that the execution should be carried out by one of the following methods, in case of doubt, the right choice is owned by the debtor.
Article 387. The choice of the obligation, enforceable if it turns out that of the two actions enforceable, the debtor has the right to refuse any of them still valid obligation execution another action.
Article 388. To select the alternative obligation under article 386 of this code, the selection is made by the other party or exercise performance. Favorites obligation recognized initially enforceable obligation.
Article 389. Select more than two obligations, enforceable Rules articles 386-388 of the present Code shall apply in cases where the subject choice obligations consists of more than two enforceable obligations.
Article 390. Performance of an obligation in parts, the debtor has the right to perform the obligation in parts, unless the creditor agrees to it.
Article 391. The right of a creditor to accept another execution Creditor is not obligated to accept the other, except as provided by the Treaty; This rule applies also in the event that the performance has a great value.
Article 392. Quality of performance of the obligation If the quality of execution is not defined in detail in the contract, the debtor is obliged to run, at least, the work of average quality and put things of average quality.
Article 393. Performance of the obligation defined generic signs if the subject of the obligation defined generic signs, while perhaps providing things of this kind, the debtor is responsible for the failure when the failure occurred through no fault of his own.
§ 2. Performance of monetary obligations Article 394. The concept of a monetary obligation is expressed in the national currency. Parties could establish a monetary obligation is in foreign currency, unless prohibited by law.
Article 395. Procedure for determining the annual percentage in cases where, in accordance with the law or treaty obligation must be accrued last levied at a rate of 4% per annum, unless otherwise agreed.
Article 396. Order for recovery of the paid over obligations Paid in excess of the liabilities can be demanded back in accordance with the rules of unjust enrichment.
Article 397. The place of performance of a monetary obligation 1. If the place of performance of a monetary obligation is not specified, the debtor is obliged to pay to the creditor's domicile or location of his companies at their own risk and for their own account.
2. If the creditor is designed to deposit bank account in that place or country must be paid, the debtor may discharge its obligation by paying money to the account, unless the creditor objections.
Article 398. The sequence of execution of monetary obligations 1. If the debtor is charged with the execution of several similar each other actions arising from the different obligations and that performed were insufficient to cover all debts covered by the commitment, which will elect a debtor in the performance of, and if the debtor has elected, should be covered by the debt payment term which came first.
2. If the deadlines for claims came at the same time, in the first place should be fulfilled the requirement that most burdensome for the debtor.
3. If the requirements equally burdensome, primarily of the least secured claim shall be enforced.
Article 399. The priority of the court costs at the expense of the debtor's payments, which are not sufficient to cover the entire debt, payment of which was due, first and foremost the legal costs are covered, then basic version (debt) and finally the interest.
Article 400. Performance of monetary obligations when changing currency rate If before the due date has risen or decreased the cost of currency (exchange rate) or changed the currency, the debtor must make a payment at a rate corresponding to the time of occurrence of the obligations. If you change the currency in the framework of exchange relations should be based on the rate that existed between these currencies on the day of the currency change.
§ 3. Delay in lender Article 401. Concept 1. The creditor shall be considered to have delayed, if he does not accept the proposed him to execution, execution time which was due.
2. If the debtor is obliged to perform only against the execution creditor, the creditor shall be considered to have delayed, if he is willing to accept the debtor compliance, however, for its part, does not produce the desired performance counter.
Article 402. Duty of lender to cover losses the lender must reimburse the damage caused by the debtor as a result of a delay in the adoption of the preponderant part of the obligations of the guilty.
Article 403. Liability of the debtor creditor for late all the time delay by the creditor, the debtor is liable only for intent and gross negligence.
Article 404. The consequences of delay by the creditor When the creditor delay, regardless of his guilt: a) the debtor is liable for the excess costs incurred in connection with the storage object;
b) bears the risk of accidental damage or loss of a thing;
b) is disqualified from receiving a monetary obligation.
CHAPTER 3. The CIRCUMSTANCES impeding PERFORMANCE § 1. General provisions Article 405. Demand redress in case of violation of obligations 1. If there is a violation of the obligations of the debtor, the creditor may demand compensation for resulting damages. This rule does not apply if the debtor does not transfer responsibility for the breach of an obligation.
2. When the debtor delay the lender may assign the debtor the time needed for performance of the obligation. If the debtor does not fulfill obligations and in this period, the creditor shall have the right to replace the performance of an obligation to demand redress.
3. To appoint the additional period is not necessary if it is clear that this will not lead to any result or where there are special circumstances which, proceeding from the interests of both sides, justify the prompt use of right to claim reparation.
Article 406. Inadmissibility of prior agreement on compensation of damage 1. Unless otherwise provided, and not derived from the essence of the obligation on the debtor attributed only to reparation for the injury caused by the intentional or careless actions.
2. the preliminary agreement on the release of a debtor from the obligation to redress in case of violation of obligations deliberate actions.
Article 407. Liability of the debtor for the actions of its representative for the actions of his legal representatives and other persons employed for the performance of its obligations, the debtor shall be liable to the same extent as if the perpetrators of their own actions.
Article 408. Liability of the debtor upon receipt of the subject of the execution Debtor from another person is responsible for execution and then, when the subject of execution it was supposed to get from the other person and couldn't get it, unless the contract or other circumstances not otherwise provided.
Article 409. Bringing the Treaty into line with the changed circumstances 1. If the circumstances which became the basis of the conclusion of the contract, after the conclusion of the contract clearly changed and the parties have not signed it or would conclude with other content, if provided for these changes may be required, bringing the Treaty into line with the changed circumstances since, in view of individual cases, in particular on the basis of the type of rules, a party to a treaty may not be demanded strict adherence to the unmodified Treaty.
2. To change the circumstances are equal and where became the basis of the contract submission were incorrect.
3. the parties should first make efforts to bring the Treaty into line with changing circumstances.
4. If bringing the Treaty into line with the changed circumstances cannot or does not agree with the other party, the party whose interests have been violated may withdraw from the contract.
Article 410. Abandoning long-term contractual obligations 1. Any party to the contract may, on the basis of a valid reason to cancel the contract on long-term commitments without deadlines termination. Respectful basis is recognized if the party terminating the contract because of the particular circumstances, including force majeure, and taking into account the mutual interests, the extension may not be required, the continuation of the contractual relationship until expiry or period for termination of the contract.
2. If the basis is and violation of contractual obligations, termination is valid after fruitless expiry of rectifying shortcomings or futile warnings. Paragraph 2 applies accordingly to article 416 of this code.
3. Authorized person may withdraw from the contract within a reasonable time after it became known the base termination.
4. If you have already executed no longer presents any interest owing to the termination of the contract, termination can spread to this performance. To ensure the return of the rules shall be applied correspondingly executed 366-368 articles of this code.
5. In respect of claims for damages shall be applied accordingly rules of article 417 of the criminal code.
§ 2. The FAILURE of the DEBTOR Article 411. The notion of the debtor shall be considered to have delayed, if: (a)) the obligation not to be performed within the time-limit set for its implementation;
b) obligation not performed and after the warning made by the creditor on time performance.
Article 412. Failure to perform obligations is not considered late if the obligation has not been fulfilled due to circumstances occurring through no fault of the debtor.
Article 413. Liability of the debtor, the debtor is liable for any negligence during the delay. He is also responsible for accidentally become fashionable for the time delay of impossibility of performance, except where the loss occurred and when the timely performance of the obligation.
Article 414. Inadmissibility of charging interest on interest 1. On the liability for delay time is accrued interest in the amount established by law. If the lender on other legal grounds may require higher interest is calculated accordingly.
2. accrual of interest on the interest for the time delay is not allowed.
Article 415. Creditor's right to compensation for losses the lender shall be entitled to demand compensation for damages caused by the delay.
§ 3. BREACH OF OBLIGATIONS UNDER BILATERAL TREATIES Article 416. Fixing of an additional period of time if there is a violation of obligations 1. If one party violates contract obligations arising from bilateral treaty, the other party may, after unsuccessful expiration of an additional period of time for performance of its obligations to withdraw from the contract. If based on the nature of the breach of an obligation does not apply to the fixing of an additional period of time, the additional period of time equals a warning. If the obligation breached is partially, the lender may cancel the contract only in the event that the performance of the remainder of the lost interest for him.
2. There is no need to establish an additional period of time or in the warning when: (a)), it is clear that this will not lead to the desired results;
b) obligation was not fulfilled in terms of and under the contract, the creditor has linked the continuation of relations with timely execution;
in) for special reasons and taking into account mutual interests justified an immediate termination of the contract.
3. Cancellation of the contract is invalid when: (a)) violation of the obligation of slightly;
b) infringed the requirements of paragraph 2 of article 330 of the present code and the creditor, notwithstanding, may be required leaving the Treaty in force;
within) for violating the obligation in full or more responsible lender itself;
g) undertaking opposes the counterclaim, which has already been submitted by the debtor or will be submitted immediately after the rejection of the Treaty.
4. the lender is authorized to cancel the contract before the expiry of the execution, if it is clear that the grounds for refusal are coming from the contract.
5. the debtor may set a deadline for the withdrawal to the creditor. If the creditor in this period does not use that right, he may withdraw from the contract only in case of unsuccessful expiry of the relevant period or after the warning.
Article 417. Reparation for injury when withdrawing from the Treaty 1. With the withdrawal from the Treaty, the creditor may demand compensation of damage caused by the non-performance of the contract.
2. this rule does not apply if the basis of withdrawal occurred through no fault of the debtor.
CHAPTER 4. OBLIGATION of REPARATION Article 418. The obligation to restore the original provisions 1. Person obliged to compensate the damage should re-establish the situation which would have existed if not now is the fact that reparation.
2. If as a result of injury or damage to the health of the victim incapacitated or she fell or grow it needs, the harm must be compensated by payment to the victim's monthly content.
3. the victim may require treatment costs in advance. The same rule applies if you need retraining.
4. Replace the contents of the victim may claim compensation if there is an important reason.
Article 419. The inability to restore the original provisions If reparation by restoring the original position is impossible or requires a disproportionately high costs, the lender may be given monetary compensation.
Article 420. Inadmissibility of prior waiver of redress is invalid based on the preliminary agreement waiver of redress for the breach of an obligation.
Article 421. Foregone Harm should be compensated not only for actually this property loss, but also for loss of profit. Collected is considered income that a person did not receive, and that it would have received with proper performance of the obligation.
Article 422. The definition of harm compensable only to the harm that the debtor could assume in advance and which is the direct consequence of causing harmful actions.
Article 423. Monetary compensation 1. Monetary compensation of non-property harm can be required only in the cases prescribed by the law exactly.
2. In cases of bodily injury, damage to health, as well as imprisonment for non-patrimonial damage victim may require reasonable and fair compensation.
Article 424. Determination of injury in determining the extent of the injury shall be accounted for and the interests which the creditor had against the proper performance of an obligation. To determine the amount of harm should be taken into account by the place and time of performance of the contract.
Article 425. Wines of the victim in the occurrence of injury 1. If the occurrence of harm and the victim's actions contributed to the duty of reparation and the amount of compensation depends on the fault of any of the parties to a greater extent caused harm.
2. This rule applies in cases where the victim is expressed in the motion for no action to prevent or mitigate harm.
CHAPTER 5. ADDITIONAL MEANS of ENSURING OBLIGATIONS Article 426. Types of additional funds to enforce the obligations of the parties may provide for the enforcement of the agreement and additional tools: a penalty, deposit and guarantee the debtor.
§ 1. Article 427 PENALTY. Concept 1. Penalty defined by agreement of the parties the amount of money that the debtor is obliged to pay to the creditor for nonperformance or improper performance of an obligation.
2. the rules shall be applied accordingly on a penalty when failure arising from the deposit obligations.
Article 428. Shape determination of penalties 1. The parties can freely determine the penalty which may even exceed the possible harm.
2. an agreement on a penalty requires the written form.
Article 429. Inadmissibility of simultaneous demands for penalties and enforcement obligations 1. The lender may not require the payment of a penalty and simultaneously the fulfillment of an obligation, if the penalty is not provided for those cases where the debtor fails to comply with its obligations within the allotted time.
2. the lender always has the right to demand redress.
Article 430. Reduction of the penalty by the Court, the Court may in the circumstances of the case, reduce the inconsistent drawn high penalty.
§ 2. DEPOSIT Article 431. The concept recognizes the amount of earnest money, issued by one party to the other party in support of the conclusion of the contract.
Article 432. Set-off of the deposit in the account of payment Deposit shall be set off against commitments, and if will not be counted, after the execution of the Treaty, it should be returned.
Article 433. Set-off of the deposit in the account of damages 1. If you gave the earnest money is guilty of violating the obligations entrusted to him, the deposit remains with the receiver. If this deposit shall be set off against the damages.
2. If the failure is caused by the recipient's actions advance guilty, he must return the deposit in double size. In doing so, gave the earnest money may demand compensation of damage.
§ 3. Guarantee the debtor Article 434. The concept of a guarantee obligation of the debtor is deemed, by virtue of which the debtor undertakes to perform any unconditional action that goes beyond the subject matter of the contract.
Article 435. The validity of the guarantee the guarantee is valid if it does not contradict the statutory regulation or not requires the debtor.
Article 436. Guarantee guarantee form must be made in writing.
Chapter 6. Termination obligations § 1. Termination of execution of obligations Article 437. Termination of execution obligations in favor of lender Liability relationship terminates execution of commitments in favour of the creditor (the execution).
Article 438. Ending commitments innovation Liability relations are terminated and if the creditor instead of the stipulated obligation as execution takes performance of another obligation (novation).
Article 439. Acceptance of performance of obligation 1. At the request of the debtor, the creditor must issue a document confirming acceptance of full or partial execution.
2. Document about getting debt that does not contain information about percentage, implies that the interest paid and cash ratio stops completely.
3. When the debt is paid periodically, piece by piece, paying his last part, since it is not established otherwise, gives grounds for supposing that paid the previous part.
Article 440. Details of an instrument of acceptance of the debt Document drawn up by the performance the creditor or authorized person must contain information on the amount and type of debt, the names and the name of the debtor or person paying the debt, the time and place of execution.
Article 441. The right to claim the debt instrument
If a claim issued debt paper, the debtor together with the document may require the return of the performance and of the document or cancel it. If the creditor cannot return the debt instrument, the debtor is entitled to request officially certified certificate that obligation ceased.
Article 442. Reimbursement for the issue of a document 1 performance. The costs of issuing a document imposed on performance by the debtor, if the agreement between it and the creditor otherwise requires.
2. If the lender changes the place of residence or dies and leave heirs in another residence, increased costs associated with the issuance of a document on the performance of the creditor or his heirs.
Article 443. Rejection due to non-performance of its duties by the creditor if the creditor waives the issuance of a document on the performance, return the debt instrument or from the recognition that the debt has been repaid, the debtor has the right to renounce their execution. In this case, the creditor shall be considered to have delayed.
§ 2. Termination of an obligation by depositing Article 444. Concept 1. If the lender chooses the adoption of performance or his whereabouts is unknown, the debtor has the right to pass the subject of execution to be deposited in court or notary, and the money or securities to make the deposit account of the notary.
2. As a result of the deposit of the debtor shall be dispensed from the obligation to the creditor.
Article 445. Transfer of deposited property to the creditor, the Court or the notary must pass the deposited property to the lender. The Court or the notary selects the custodian, and documents from them.
Article 446. The suitability of a subject for deposit object must be suitable for storage. Perishable items will not be accepted for storage.
Article 447. The place of storage must be carried out at the place of execution.
Article 448. The requirement of adopting subject creditor of acceptance subject to possession of a court or notary informs the lender demands the adoption of object.
Article 449. Costs associated with the storage of all costs associated with the storage of the lender.
Article 450. Discovery of the debtor deposited subject matter 1. The debtor has the right to demand the return of the deposited subject prior to its adoption by the lender. If he demands the return of the subject, it is presumed that the store did not take place.
2. the debtor may reclaim deposited object, if the lender refuses or if expired, under article 451 of the present code.
3. If the debtor gets itself subject, storage costs imposed on it.
Article 451. Shelf life the subject of execution of Court or notary store item for up to one year. If during this period the creditor does not accept the object reported to the debtor with a demand to recover the deposited item. If the debtor within the necessary return deadline will not receive the item, it is considered public property.
§ 3. Termination of an obligation by setoff of mutual claims Article 452. The possibility of offsetting obligations 1. Existing mutual claims between two persons may be terminated by offsetting, if performance is due to these requirements.
2. Set-off and when the execution time requirement has not yet been reached, but the party entitled to set-off supports this requirement. Set-off is carried out the message about this other side.
Article 453. Statute of limitations requirements offsetting the Prescription requirement does not preclude offsetting obligations if at the time when the Statute of limitations has not expired on demand/credit was still possible.
Article 454. Credit requirements If credits requirement does not completely cover each other shall only then, which is less than the amount of the other requirements.
Article 455. Several years of creditable contributory service requirements 1. If a party to the Treaty, which reported on the standings, has several subject to credit requirements, the provisions of article 398 of the criminal code.
2. If on the side before the other party, along with the principal obligation, an obligation to pay interest and other expenses, the rules of article 399 of the present code.
Article 456. Offsetting obligations in different places of performance set off obligations and is valid when the fulfilment of obligations provided for different places.
Article 457. Inadmission of set obligations obligations is invalid: a) If set-off has been removed in advance by agreement;
b) If for an obligation cannot be foreclose or object of the obligation is a means of subsistence;
in) if the obligation is reparation for the injury caused by the injury or death;
g) in other cases stipulated by law.
§ 4. Termination of an obligation by the forgiveness of debt Article 458. The notion of Forgiveness of debt, leading to the termination of the obligation may be changed by agreement of the parties.
Article 459. Consequences of debt forgiveness for other solidary debtors 1. Debt forgiveness one of solidary debtors and other debtors of solidary releases, unless the lender reserves requirement for them.
2. In this case, the creditor may, in respect of the remaining debtors of solidary use only one demand minus the share vacated by the debtor.
Article 460. Consequences of debt forgiveness principal debtor 1. Forgiveness of debt principal debtor releases and guarantors.
2. Release the surety of payment does not release the principal debtor from performance of the obligation.
3. Exemption from debt repayment one of guarantors releases and other sureties.
Article 461. Consequences of waiving requirements for a bilateral treaty the refusal by one of the parties to a bilateral treaty from its requirements shall not entail termination of obligations. She must fulfill their obligations stipulated in the contract until the other party also did not renounce its claim.
§ 5. Other grounds for termination Article 462 obligations. Termination of obligations if the debtor and the creditor proves to be one and the same person Liability relations are terminated if the debtor and the creditor proves to be one and the same person.
Article 463. Termination of an obligation by the death of the debtor 1. The death of the debtor shall entail the termination of obligations, if without his personal participation response impossible.
2. Death of a creditor shall entail the termination of obligations if the performance was intended personally for the lender Article 464. Termination of an obligation due to the termination of the legal person to Obligations of a legal person is terminated since the completion of its liquidation.
Chapter 7. The assignment requirements Article 465. The assignment requirement may be transferred to a creditor to another person under a contract with him (an assignment of a claim). Since the conclusion of such a treaty, the original creditor is giving way to the new creditor.
Article 466. Inadmissibility of assignment 1. An assignment of a claim is not allowed if the commitment to the new creditor cannot be enforced without changing its content or if, by agreement with the debtor the assignment has been deleted.
2. An assignment of a claim is precluded if it cannot be charged to recover.
Article 467. Transition by means of assignment of a claim 1. The assignment of requirements to the new creditor pass to ensure that the requirement of mortgage liens, as well as the rights of surety under this requirement.
2. the right to preferential satisfaction in the case of compulsory execution or bankruptcy proceedings associated with the assigned claim, may make a new lender.
Article 468. Transmission of documents and information to the initial creditor shall be obliged to inform the new creditor information required for the implementation of the right requirements and pass the documents at its disposal necessary for confirmation of the claim.
Article 469. Certificate of assignment, the original creditor is obliged to issue the new creditor on his request officially certified document on assignment. The costs of such identity document assigned to a new lender.
Article 470. Objections to the debtor, the debtor may bring new creditor those objections and counter-claims that were with him at the time of assignment of a claim against the original lender.
Article 471. Notification of assignment 1. The debtor is entitled to discharge its obligation for the original creditor until he is notified of the assignment requirements.
2. If the lender will notify the debtor that he yielded to their demand, in respect of a debtor, it does not have the right to challenge the validity of the assignment, which he notified the debtor, even if in reality it has not been processed or is invalid.
3. the notice may be withdrawn only with the consent of the person who was identified as the new lender.
Article 472. Multiple assignment if the assignment of one and the same original creditor uslovitsâ with several persons entitled to the debtor will be the one with whom the original creditor has established relationships.
Article 473. Transition requirements in force of the law in relation to the transition requirements of the law or a court decision rules under articles 466-472 of the present code.
Article 474. The transfer of other rights Rules on assignment of claims and shall apply accordingly with regard to the transfer of other rights, if the law does not stipulate otherwise.
Chapter 8. Transfer of debt Article 475. Third person debt transfer under the agreement with the lender may take on a duty therefore to take the place of the original debtor.
Article 476. Transfer of debt upon agreement with the debtor 1. If a third person upon agreement with the debtor assumes the debt, then the validity of the agreement depends on the consent of the creditor.
2. If the creditor fails to consent to the transfer of debt is considered invalid.
Article 477. The objections of the person who took upon himself the duty of 1. A person who has taken the duty may oppose the creditor objections, based on the legal relationship between the creditor and the original debtor. Such a person is unable to produce the credit requirement, owned the original debtor.
2. A person who has taken the duty may not bring objections against the creditor, based on this legal relation between it and the original debtor, which form the basis of transfer of a debt.
Article 478. Termination of suretyship and collateral rights in case of transfer of a debt, all provided in its provision of guarantees and security rights.
Chapter 9. Plurality of creditors or debtors in the undertaking § 1. Solidarity lenders Article 479. Shared powers
If several persons are entitled to require performance in such a way that each of them may require, and the debtor is vested only one-time execution, they are jointly and severally authorized persons and several creditors.
Article 480. The basis of shared competences Shared powers arise by virtue of the Treaty, law or indivisibility of the subject of the obligation.
Article 481. Performance of an obligation before any creditor of the debtor may, in its sole discretion, to perform any obligation to the creditor, if one of the lenders do not pursue him claim with the requirement referred to in Article 479 of the present code.
Article 482. Performance of an obligation of one of the creditors pursuant to obligations in full one creditor releases the debtor from obligations owed to other creditors.
Article 483. The consequences of the failure of one of the joint and several creditors if one of the joint and several creditors would abandon claims against the debtor, the debtor shall be exempt from payment of the portion, as would the creditor.
Article 484. Inadmissibility of facts associated with another creditor of the debtor could not use one of the creditors in respect of facts which are connected with another lender.
Article 485. The rights of heirs of solidarity the creditor if the creditor has a fair few heirs, each of them passes only the part of the law on debt, which corresponds to his hereditary share.
Article 486. Solidary obligations the creditor over other creditors 1. Solidarity the creditor fully received a response from the debtor must give the rest of the creditors owed them.
2. The relationship between a joint and several creditors have equal shares, if not otherwise agreed.
§ 2. Obligors Article 487. Solidary obligations If performance of an obligation is imposed on the number of persons in such a way that each of them should participate in the performance of the obligation in full, and the lender has the right to demand only a one-time execution, they constitute a solidary debtors (the joint undertaking).
Article 488. Basis of solidary obligations Solidary obligation arises by virtue of a contract, the law or the indivisibility of the subject of the obligation.
Article 489. Creditor's right to require performance of any debtor, the creditor may, in its sole discretion, to demand performance from any debtor in whole or in part. Prior to the execution of obligations in full the remaining debtors obligations remain in force.
Article 490. Counterclaim solidary debtor in respect of the creditor, the debtor is empowered to bring Solidarity to the creditor all counterclaims arising from the essence of the Treaty or which only he has the right, or which are common to all the solidary debtors.
Article 491. Consequences of performance of the obligation is completely one of the debtors obligation fully one debtor releases from the execution of the remaining debtors. The same rule applies to set-off by the debtor to the creditor, carried out.
Article 492. Inadmissibility of facts related to the other solidary debtor facts related to one of the solidary debtors, can only be used against that person, if the nature of the obligation does not arise otherwise.
Article 493. Lawsuit against one of the solidary debtors Making a claim against a debtor does not deprive the creditor the right to make the claim and for the remaining debtors.
Article 494. The consequences of delaying the adoption of performance 1. Impact of the delay by the creditor taking performance from one of the solidary debtors have the force and for the rest of the solidary debtors.
2. Consequences for non-compliance with delivery dates one of the solidary debtors cannot be used against the other solidary debtors.
Article 495. Duties of the heirs of solidary debtors if one solidary debtors has several heirs, those heirs are required to fulfill a commitment commensurate with their hereditary share. This rule does not apply if the claim is indivisible.
Article 496. Combining the creditor with a debt of one of the solidary debtors if the creditor's claim is teaming up with the duty of one of the solidary debtors, in respect of the remaining debtors obligation ends in the amount prihodâŝemsâ the debtor.
Article 497. Right to regress in the performance of obligations in full by one of the debtors 1. The debtor's obligation of solidarity, has the right to claim in the manner of recourse against the other debtors in proportion to their shares, but minus its share if the agreement or unless otherwise provided by law.
2. If it is not possible to determine the amount of the liability of the debtors, they are responsible to each other in equal shares.
Article 498. Effects of solidary debtor insolvency if one turned out to be insolvent debtors per share it commensurate with the split between other creditworthy debtors.
Article 499. Compensation shared the debtor unless the debtor received a solidary one benefit from the solidary obligation in solidum, the debtor does not receive such benefits may require meet its obligation for execution.
Article 500. Consequences of expiry
Suspension or interruption of the flow of statutory limitations in respect of one of the solidary debtors is ineffective as against the other debtors.
Section 2. Certain types of obligations Chapter 1. Purchase and sale. Mena § 1. General provisions Article 501. The notion. Table of contents 1. According to the contract of sale the seller is obliged to transfer ownership of the property to the purchaser, related documents and deliver the goods.
2. the buyer is obliged to pay to the seller the agreed price and accept the purchased property.
3. If the contract does not expressly listed price, the parties may agree on the means of its definition.
Article 502. Costs associated with the sale of moveable things costs associated with transferring things in particular for weighing, measuring and packaging, the seller's account, and costs associated with obtaining and forwarding of the goods from the place of conclusion of the contract in another place, to the buyer, unless a contract provides otherwise.
Article 503. Costs associated with the sale of an immovable By the purchaser of real property are assigned the costs of execution of the contract of sale, the notary certification of transfer of ownership, registration in a public registry and provide the necessary documents.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 40) article 504. The seller's obligation to forward goods 1. If the seller hands over the goods to the carrier under the contract and the goods are not clearly identified nor marked, nor any other means, the seller must inform the buyer of the dispatch of the goods and send him a detailed list of goods.
2. If the sending of goods rests with the seller, he shall conclude treaties necessary for the delivery of the goods at the agreed place and usual for such carriage conditions.
3. If the seller is not obliged to insure the goods during transportation, at the request of the buyer, he must transmit all available information that is necessary for the conclusion of such a contract.
Article 505-recognized void Turkmenistan law dated March 30, 2007-Statements of the Mejlis of Turkmenistan, 2007, no. 1, p. 40.
Article 506. The passing of the risk of accidental loss of things 1. Simultaneously with the transfer of the sold stuff to the buyer passes the risk of accidental loss of or damage to the thing, unless the parties have agreed otherwise.
2. If the seller at the buyer's request sends the sold thing in another place than stipulated in the contract, the risk of accidental loss of or damage to the thing passes to the purchaser from the moment of transfer by the seller to the carrier or the things the person responsible for the execution of this.
Article 507. Acceptance of goods Goods shall be considered approved if the buyer commits an action indicating its acceptance.
Article 508. The grounds for the rejection of the contract 1. Any party may withdraw from the performance of his obligations if after conclusion of the contract, it appears that there is a real danger that the other party will not perform a substantial part of its obligations.
2. disclaimer is invalid, if the security of the parties.
Article 509. Selling a product to several persons If the seller sold the same product to several persons, preference is given to the purchaser in possession which he entered in the first place, and if the property is not transferred to any of them, to whom before the contract was concluded.
Article 510. Delivery of goods sold piecemeal delivery sold by instalments, if as a result of default by one party only one delivery obligations created a real danger that will not be filled with commitments and subsequent shipments, the other party may, after the appropriate time to withdraw from the contract.
Article 511. The obligation to transfer things without the disadvantages of the seller the buyer must pass a thing free of flaws.
Article 512. Thing, free from deficiencies 1. The thing has no weaknesses, if it corresponds to the subsequent quality. If the quality has not been determined, in advance thing is not having weaknesses, if it is suitable for use as provided by the contract or conventional.
2. Equates to a shortage if the seller provides only one part of things, quite a different thing in small quantities or if the defect is one part of things, except in cases where drawback does not significantly affect the response.
Article 513. The sale of the subject free from rights of third parties 1. The seller must provide the buyer sold the subject without the encumbrances of third party rights.
2. Equates to the presence of burdening the rights of third persons, if the land book registered a nonexistent right.
Article 514. Seller's obligations when selling things with lack of 1. If the sold thing has the disadvantage, the seller must either fix this flaw, or, in the case of generic stuff, replace the thing at the time.
2. The seller refund needed to fix costs, including transportation, road, cost of execution of the works and materials.
3. the seller may refuse to correct the deficiency of both things, and its replacement, if it requires a disproportionately high cost.
4. If the seller, in order to correct the deficiency will give the buyer a thing that has no weaknesses, he may require the buyer to return the stuff, which is a drawback.
Article 515. The buyer's right to avoid the contract
1. The buyer may lack things require termination of the contract in accordance with article 366 of the present code.
2. the seller must refund to the purchaser the costs incurred.
Article 516. Demand reduction of the purchase price if a buyer does not require nor correct the deficiency or replacing it with a new after this seller for this time and neither the termination of the contract, he can demand a price reduction in the amounts necessary to correct the deficiency. Refers to the rate that existed at the time of conclusion of the contract.
Article 517. Right to refuse acceptance of the goods 1. The buyer has the right to refuse to accept the goods if the seller delivered the goods in smaller quantities than is provided for by the Treaty. If the buyer decides such goods, he will pay the price in proportion to the agreed price.
2. If the quantity of the goods exceeds the envisaged by the Treaty, the buyer may take this amount and must pay its pro rata contract price, or take only the quantity stipulated in the contract, and the excess return at seller's expense.
Article 518. The means of redress that is associated with the purchase and sale of the harm caused to the disadvantage of the thing or the violation of other specific contract conditions shall be reimbursed in accordance with the General rules.
Article 519. Buyer's acceptance of things has 1 flaw. If the buyer when making things known about lack of things yet adopted it, he had no right of claim arises in connection with the downside of things.
2. If the buyer is an entrepreneur, he is obliged to check the thing, otherwise he loses the right to claim due to lack of things if in a reasonable period of time after the discovery of the lack or the period during which he was to become well known presence of defect, the seller submits a claim.
3. If the seller knowingly umalčival about the things he could not exercise the right provided for in this article.
Article 520. Shelf life things if the seller will determine the shelf life of things, it is assumed that the detected during this period lack of things gives the buyer the right to claim.
Article 521. Exclusion of liability the seller contract may be limited or excluded liability when selling things with lack of, but such agreement is not valid, if the seller knowingly umalčival the lack of stuff.
Article 522. Go right or other property 1. The rules governing the sale of things also apply when a sale or other property rights.
2. In the case of the sale of the rights the seller undertakes to justify the validity of this law and incur the costs of the transfer.
3. If you sold the right to possession of the thing, the seller is obliged to transfer to the purchaser of the thing which is free from defects.
Article 523. Repeated sale of things if the thing is sold several times right securing an obligation is passed to each subsequent purchaser. The buyer can, within their rights to bring a claim for each seller in a number of these purchase and sales.
Article 524. The right of retention of things if the buyer fails to took thing, the seller is obliged to keep thing and in this case, he has the right to withhold the thing until it will not be compensated for keeping things.
Article 525. Return of things the buyer If the buyer accepted thing, but legitimate wish to return it, he must take care of its storage; the buyer is entitled to retain a thing until the seller reimburses the expenses.
Article 526. Costs of storing things a party obliged to store the thing at the expense of the other party can keep thing in a warehouse of a third person, if it would not entail disproportionate costs.
Article 527. The custodian of the rights things 1. The party that holds the thing specified in articles 524-526 of this code of rules, can sell this thing in compliance with relevant rules, if the other side chooses adoption stuff or reimbursement for storage; She should inform the other party.
2. The party who sells thing, had the authority to keep the proceeds of the amount corresponding to the costs of storing and selling things, and the remaining amount should deliver to the other party.
Article 528. Storage of perishable goods If, in the cases prescribed in §§ 524 and 525 this code thing is perishable or she depreciates or its storage is associated with high costs, the party, which is the responsibility of storing, is obliged to sell it in accordance with the conditions laid down by article 527 of the present code.
§ 2. Buying and selling with installment payment Article 529. The notion in the sale by installments the seller is obliged to transfer the thing to the purchaser until payment of the price. Payment of the price the buyer undertakes in parts at certain periods of time.
Article 530. Form of the contract of purchase 1. Contract of sale by installments must be concluded in writing.
2. the Treaty should be indicated: (a) cash);
b) dimensions payable in instalments of the amount and time of payment;
in) dimensions of real interest.
3. the seller must supply the buyer with copies of documents.
Article 531. Presumption of conclusion of the contract, since the transfer of things if the agreement has been made without complying with the requirements of article 530 of this code, it shall be considered concluded from the moment of transfer of the thing. In this case, the buyer is obliged to pay only the price of things without interest.
Article 532. Bilateral restitution when default obligations if the seller reserves the right to withdraw from the contract in case the buyer fails to fulfil his duties, upon cancellation, each Party shall return to the other party all that it received under the contract. Contrary to that agreement, is invalid.
§ 3. Ransom Article 533. The concept if the seller under the contract of sale should have the right of redemption, the redemption is deemed to have taken place when the seller has notified the buyer that it wishes to exercise his right. For such a declaration does not require compliance with the form of the sales contract.
Article 534. Price foreclosure redemption is made on the original price. In doing so, the person conducting a reverse sale has the right to demand reimbursement of the costs incurred by him up to the redemption with respect to purchased the subject, to the extent that the value of the object due to increased data costs. The device, which this person has vykupaemuû thing can be withdrawn.
Article 535. The fate of the supplies in the sale person conducting reverse sale, shall issue exercising the right of redemption of the purchased object with its accessories.
Article 536. Compensation for harm caused to foreclosure If the person conducting the sale, prior to implementation of the backward foreclosures fault tolerate degradation, loss of belongings or when otherwise issuing purchased object or change the subject, it is responsible for the resulting losses for this reason.
Article 537. Invalidity of order thing to foreclosure If the person conducting the sale, prior to implementation of the backward foreclosures ordered bought the subject, then it must resolve the resulting rights of third parties.
Article 538. Statute of limitations foreclosure foreclosure Period may not exceed five years. An extension is not valid.
§ 4. Article 539 option. Option, the parties may agree that the buyer shall have the right unilaterally to acquire this or that subject to a certain time or a certain event (purchase option) or under the same conditions the seller is entitled to sell the item to the buyer (option). In respect of treaties, an option the rules of sale, unless the parties have agreed otherwise.
§ 5. The right of primary purchase Article 540. Concept 1. A person having the right of primary purchase, may exercise this right if the person will enter into with a third party sales contract.
2. the right of pre-emption is not passed on to others and is not transferred by inheritance, unless otherwise provided.
Article 541. Responsibility messages about the coming sale of things 1. The person must immediately notify the holder of the right of primary purchase on the content of the Treaty which it intends to enter into with a third party.
2. the right of primary purchase shall be effected by the obligated person messages. Through the communication between the competent person and liable person is sales contract on condition that the person will offer a third person.
3. The holder of the pre-emption may only exercise that right within the time period established by the liable person.
Article 542. The invalidity of the agreement on non-use of the right of primary purchase Existing between liable person and third person agreement is not valid, if the contract of sale is made conditional on the non-use of the right of primary purchase or if the person has the right to cancel the agreement if you use the right of primary purchase.
Article 543. Response to additional obligations 1. If the third person has assumed under the agreement an additional obligation, possibility of execution which the holder of the right of primary purchase does not have to replace the last of the additional obligation to pay its cost.
2. If the valuation is not possible supplementary commitments, it is not allowed to use the right of primary purchase; agreement on additional obligation shall cease to have effect if the contract is entered into in order to circumvent the right of primary purchase.
Article 544. Purchase and sale under the condition of approval stuff sales contract may be concluded subject to the approval of the thing if the buyer at the agreed term is not cast down the thing. If the thing to be rejected, the parties are obliged to return the received each other under the agreement.
§ 6. Mena Article 545. Concept 1. The parties to a contract of barter is the responsibility of mutual transfer of ownership to the property.
2. each of the parties to the contract of barter is considered to be the seller of the property, which it exchanges, and the buyer that gets in return.
Article 546. Disparity exchanged property if the property being exchanged by agreement of the parties, the uneven part of property may be refunded the money.
Article 547. Rules that apply to me in respect of the relevant rules applied barter contract of sale.
Chapter 2. Gift Article 548. The concept of a treaty gift giver gratis transfers the property into the ownership of the donee with the latter's consent.
Article 549. The conclusion of the contract of donation. The promise of gift 1. Gift agreement is considered concluded from the moment of transfer of property.
2. If the subject of the gift is property ownership only occurs when compliance with the statutory form, the contract of donation must comply with this form.
3. The promise of gift create an obligation to donation if the promise is certified by a notary.
Article 550. Inadmissibility of giving a person is not entitled to donate the property if the property gifting puts in the difficult economic situation of dependants of the giver.
Article 551. Lack of donated property If the giver with malicious intent will hide the lack of donated property, he shall compensate the odarâemomu caused in connection with this injury.
Article 552. Donation 1. The parties may determine that the validity of the contract of donation depends on the fulfillment of a condition or achieve a certain goal. This can serve as a common use (donation).
2. Execution conditions may require, in addition to the giver, every person in whose interest was delivered condition.
3. If the person does not fulfill the conditions odarâemoe, giver can withdraw from the contract.
Article 553. Cancel donation due to ingratitude donee 1. Donations may be withdrawn if the grantee have show great ingratitude in respect to the giver or his close relatives.
2. If lawfully cancelled donations donated property can be retrieved by the grantor.
3. Donations can be cancelled within one year after the donor was a well-known fact that entitles the owner to cancel the donation.
Article 554. Discovery presented things 1. If after the gift giver is in a difficult situation and he could not contain himself and his dependants, he has the right to demand your thing at receiving the gift, if this thing really exists.
2. Discovery of things not allowed, unless the giver poor because of their intent or gross negligence.
Chapter 3. Bailment Article 555. The concept under a contract of lease of the property the landlord is obliged to transfer the property to the employer for a certain period of time. The employer is obliged to pay the lessor the agreed hire fee.
Article 556. Transfer employed things in good condition the landlord is obliged to transfer employer contracted thing in serviceable condition for use as provided by the contract, and at all times maintain such recruitment things.
Article 557. The obligation to transfer things, free from drawbacks of the landlord must supply the tenant thing free of flaws.
Article 558. Transfer things, free from rights of third parties, the landlord is obliged to transfer to the employer in the employment of the thing without the encumbrances of third party rights.
Article 559. Thing, free from deficiencies in the hiring of the property Surrendered free of imperfections, if it possesses the said properties. If these properties are not specified, surrendered in hiring property recognized free from deficiencies, if it is suitable for the contract activity or for normal use.
Article 560. Reduction of the fee paid in connection with the downside of things 1. If demised hiring things will prove to be a shortcoming, the landlord rents reduced as a diminished the suitability of the property; When correcting a lack of this right shall cease to have effect. A minor drawback is not taken into account.
2. Invalid lease of residential premises, an inmate at the expense of the employer.
Article 561. Damages caused by lack of things 1. If the defect that reduces the suitability of the property, there is at the time of conclusion of the contract or subsequently emerges due to circumstances for which the landlord is responsible or if the landlord to fix promedlit deficiency, the employer may claim damages, without losing the right to demand the reduction of paid fees.
2. If the landlord had been slow to fix flaws, the employer may eliminate it and require reimbursement.
Article 562. Effects do not claim about lack of things If at the time of conclusion of the contract, the employer is aware of the lack of equipment and he did not declare the claims about this, he did not originate the rights provided for in Article 560 of the present code.
Article 563. Invalidity of agreements on exemption Invalid agreement whereby the landlord's liability for defects is excluded property or rent handed limited, if the landlord deliberately concealed defects.
Article 564. Duty to prevent exposure when hiring premises the tenant of the premises must allow such activities in respect of the hiring, which are necessary for the proper maintenance of premises or buildings. The landlord must, if possible, inform these activities the employer and not allow activities that are not caused by necessity.
Article 565. Cancellation of the contract 1. If the hired premises is transferred in whole or in part, the employer delayed, or he was subsequently stripped of the right to use, the tenant can cancel the contract without adhering to the term for cancellation of the contract. Cancellation of the contract is permitted only if the landlord within the period prescribed by the employer, will not eliminate the circumstances impeding the enjoyment.
2. The need to establish a term disappears, if the circumstances giving rise to the rejection of the contract, the employer has lost interest in the Treaty.
3. the agreement is null and void if the accommodation, precluding or limiting the right of termination of the contract.
Article 566. Termination of residential premises the tenant if the premises or intended for habitation in the other room is in such condition that it poses a significant risk to their health, the employer may terminate the employment contract without adherence to deadlines. That law, the employer has, and if he knew of the dangers at the time of conclusion of the contract or not stated claim about this.
Article 567. Responsibilities of the employer when it detects lack hired things if surrendered lease assets will prove to be a disadvantage or a need to take measures to protect the property from unforeseen risks, the employer must immediately inform the landlord. The same rule applies in cases where the property rights of a third person objects.
Article 568. Encumbrance against property Legal encumbrance, hired available in respect of rented property shall be handed over to the landlord.
Article 569. Landlord's responsibilities 1. The landlord is obliged to reimburse the employer necessary expenses related to the thing.
2. Liability for other expenses shall be determined in accordance with the rules of conduct foreign affairs without orders.
Article 570. The right employer for things which he contracted with thing 1. The employer has the power to keep what he equipped the surrendered property rentals.
2. the landlord of a dwelling may replace the implementation specified in paragraph 1 of this article, the right to appropriate compensation, except in cases where the employer, based on good reason, does not agree with the landlord.
Article 571. Liability for normal wear and tear things, the employer is not responsible for the alteration or deterioration caused by use of the stuff involved, provided for by the Treaty.
Article 572. Maintenance costs 1. Conducting routine maintenance is the responsibility of the employer usually. He has no right to remodel or renovate premises without the consent of the landlord.
2. an employer is obliged to perform work at his own expense.
3. the landlord can demand compensation for damages caused by failure to employer responsibilities under paragraph 1 of this article.
Article 573. Landlord consent to sublease the Employer shall not have the right to transfer the third person thing contracted (sublet) without the consent of the landlord. A third person does not admit members of the employer's family.
Article 574. Inadmissibility waiver of the landlord to sublet the landlord cannot refuse to podnajme accommodation if, on the basis of valid reasons, the employer wants to partially or completely pass nanimaemoe them dwelling in the hiring of a third party. This rule does not apply if the identity of the third person gives the grounds for refusal, built-up area unnecessarily overloaded or otherwise unacceptable to sublease landlord.
Article 575. Fate sub-lease when the employment relationship if the sublease is to circumvent safeguards the avoidance of the contract, at the end of the employment relationship the landlord assumes the rights and responsibilities that had existed between the employer and the podnanimatelem.
Article 576. Dimensions ensure employment relationship 1. If the contract of employment the employer residential premises is the responsibility of enforcement of obligations, amount of security shall not exceed three times the size of the wage boards. If the amount must be paid in advance, the employer has the power to make her monthly installments for a period of three months.
2. The advance made by the provision of statutory interest should accrue upon termination of the employment relationship and it is returned to the employer together with interest.
3. the damage to the tenant agreement is invalid.
Article 577. How to make paid fees 1. Rents must be paid upon termination of the contract of employment. If the introduction of paid fees determined by the segments of time, it should be introduced on the expiry of these periods.
2. payment of additional costs is obligatory only in case if there is agreement between the parties.
Article 578. The consequences of failing to wage boards due to the fault of the employer if the employer's fault arose impediments to the enjoyment, it is not absolved from making wage boards.
Article 579. Premature termination of the contract on the initiative of the employer residential premises the tenant of a dwelling shall have the authority to terminate the contract of employment if it is earlier than a month will warn about this landlord and offer effective and affordable employer willing to be the employer for the remainder of the term of employment.
Article 580. Requirements of the employer as opposed to the demands of the landlord If in contrast to the requirements of the Board hired the employer has the right to retain a right of set-off or other claim arising from the employment relationship, the employer may use these rights and in cases where the contract provides for something else if it will warn you in advance to the landlord.
Article 581. Termination of the contract on the initiative of the landlord
The landlord can terminate the contract if the employer, despite warning significantly lesser damages contracted thing or creates a real risk of such damage.
Article 582. Termination of the contract due to non-paid fee the landlord can terminate the contract if the employer did not hire fee for three months.
Article 583. Termination of the employment relationship expiry 1. Employment relationship shall terminate upon expiry of the contract.
2. If the tenant enjoys the property and after the expiration of the term and the landlord does not dispute this, the Treaty renewed indefinitely.
3. If the term of the contract of employment is not defined, the employment relationship shall terminate Declaration of avoidance.
Article 584. The right to request the extension of the contract of employment for an indefinite period if the contract of employment concluded dwelling for a certain period of time, the employer may not later than two months prior to the termination of the employment relationship written statement to demand the renewal of the contract of employment for an indefinite period if the landlord does not have a valid reason for termination of employment.
Article 585. The deadline for the cancellation of the contract Term termination of the contract of employment is three months, unless the circumstances of the case or of the parties ' agreement otherwise.
Article 586. Termination of the contract of employment of a dwelling if there are compelling reasons 1. The landlord may terminate a contract of employment only if there are compelling reasons.
2. The reason is compelling: a) if the employer is guilty and significantly violated their commitments;
b) if the landlord living area need directly to themselves or close relatives;
If the tenant refuses) to make the landlord's proposed increased contractual fee that corresponds to the current market wage Board.
3. If the subject matter of the contract is a furnished dwelling, the landlord may terminate the contract in compliance with the period of notice.
Article 587. Form of termination of the contract termination of the contract of employment of a dwelling shall be executed in writing.
Article 588. The extension of the lease of a dwelling on the initiative of the employer, the employer has the right to ask the landlord renewal lease of residential premises, despite the lesser excuses, if hiring expirations puts the plight of tenant or members of his family. The gravity of the situation and is also considered when hiring another dwelling on acceptable terms could not be implemented.
Article 589. Responsibilities of the employer upon termination of the contract 1. Upon termination of the employment contract, the employer is obliged to return the property to the lessor's property in the same condition in which you received from him, subject to normal wear and tear or procedures set forth in the agreement.
2. the tenant of the land plot has no right of retention in order to meet their requirements.
3. If the employer has transferred property for use by a third person, the landlord may, after termination of the contract of employment demand the return of property from a third party, if it does not establish an employment relationship with the podnanimatelem.
Article 590. Reparation for the injury caused by the return of donated rent things 1. If an employer at the end of the employment relationship does not return the hired property, the landlord has the right to demand damages as making the prescribed fee for the period of delay return.
2. Valid agreement which the employer duty reimbursement in excess of the damage caused.
Article 591. The right of pledge belongings Landlord land, home or residential premises in providing its claims arising from an employment relationship, has a right of pledge on the employer made things. The right of pledge shall expire simultaneously with removing things from hired square, if it is carried out in accordance with normal life relationship.
Article 592. Form of lease of the land plot lease a plot of land for a period of more than one year must be in writing. Failure to form assumes that the contract is for an indefinite period of time. Termination of the contract shall be permitted only after the first year.
Article 593. The procedure for termination of the contract, concluded for a period of more than ten years If the employment contract is concluded for a period of more than ten years, after ten years of each of the parties may terminate the contract within the period stipulated in article 585 of the present code.
Article 594. Transfer of rights of the employer for his or her family members If the employment contract is concluded on the premises and the tenant in it, along with members of his family leads a common household, in the event of the death of the employer, the members of his family shall enter into legal relations with the landlord. They are entitled to within the term established by law to terminate the contract of employment.
Article 595. Succession of alienation for rent property surrendered If the landlord will alienate the property rent surrendered to a third party after the transfer of the property to the tenant, purchaser replaces the landlord and shall pass to him arising out of the employment rights and responsibilities.
Article 596. Statute of limitations requirements about compensation of damage 1. In connection with the modification or deterioration of the property the landlord has the right to demand compensation and the employer is entitled to present a claim for expenditures within six months.
2. The period of limitation shall on demand by the landlord for damages begins with the return of property, and the Statute of limitations on employer demand-from the moment of termination of the employment contract of the property.
Article 597. Disputes between spouses during divorce 1. If the spouses divorce, fail to reach agreement on which of them should live in hired premises, the dispute shall be adjudicated by the Court.
2. For the Court, it doesn't matter which of the spouses is the employer. If the Court recognizes the right to housing to the spouse who is not the employer, this spouse becomes a party to the employment relationship.
Article 598. Protection of the rights of the employer, the employer has the right to defend its possession from any violator, including from the owner.
Chapter 4. Leasing Article 599. The notion. Table of contents 1. Under the lease contract the lessor is obliged to transfer to the lessee to use certain property on the resulting from the agreement. The lessee is obliged to pay remuneration according to the established periodicity.
2. The lessor is obliged to manufacture or acquire property envisaged by the Treaty.
3. The lessee under the agreement may be obliged or have right after the expiry of the treaty ending the complete depreciation of the subject matter of the contract, buy or hire the subject of the lease contract. In all cases, the calculation of remuneration should take into account the fact that depreciation. If there is no such provision in the contract, the lessee is empowered to purchase items.
Article 600. Form of lease agreement lease contract shall be in writing. The contract must contain the following information: a) full price;
b) amount of remuneration and terms of its lease payments;
the final amount and payment) in case contract execution-order her calculus.
Article 601. The responsibility of the lessor 1. Lessor in accordance with the rules of the contract of employment shall be liable to the lessee for late delivery of property or failure of such, as well as for the supply of the property, has drawbacks.
2. the parties may agree that the lessee to lessor claims should require satisfaction from the provider property.
Article 602. Liability of the lessee in case of early termination of the contract due to the fault of the lessee lessor cannot claim that do not relate to his interest in performance. When determining the requirements taken into account the residual value of leased property, the balance of interests on leasing the emoluments and other sberežennye expenses.
Article 603. Other rules apply to leases in respect of leasing contract rules, not inconsistent with the articles of the 599-602 of this code.
Chapter 5. Rent Article 604. Concept 1. Under a lease contract the lessor to the lessee is obliged to transfer certain assets and provide for temporary use during the lease term to use, if they are received in the form of income resulting from proper farming. The renter is obliged to pay the lessor the agreed rent. Rent can be defined as in money and in kind. The parties may agree on other means of determining rent.
2. In respect of the lease contract rules apply if the articles 604-628 of the present code is undefined otherwise.
Article 605. Termination of the lease agreement concluded for a term exceeding ten years If the lease is for a term exceeding ten years, each of the parties after this period may terminate a lease relationship within six months, unless a contract provides otherwise.
Article 606. Rent a plot together with 1. If the land is leased together with equipment, the lessee is responsible for the content of each piece of equipment.
2. The renter is obliged to replace the parts of equipment, dilapidated beyond the tenant reasons. The lessee shall be obliged to compensate the loss of inventory-cattle, despite proper farming.
3. the lessee must have stock in this State and in the rental period to replace it at a level that corresponds to an orderly management. A separate inventory purchased by acceding to total inventory turns in the property of the lessor.
Article 607. The risk of accidental loss of inventory 1. If the tenant of the land plot will inventory and assessment will assume the obligation upon expiry of the agreement to return itself to assess the risk of accidental loss or damage. Within proper management it can dispose of the individual pieces of equipment.
2. Upon the expiration of the lease, the lessee must return the equipment to the lessor. The lessor may refuse from obtaining the lessee acquired the inventory, if it is necessary for proper farming on land or roads; simultaneously with the refusal of the right of ownership to not adopted equipment passes to the lessee. If there is a difference between the evaluation received and returned stock, this difference must be refunded the money. The evaluation should be based on prices that were in effect at the time of the end of the lease.
Article 608. Inventory Lien
1. the lessee has the right plot of land collateral to the equipment in its possession as against landlord requirements that relate to the received rent equipment.
2. The landlord may allocate the right tenant to bail if it provides more security. He may release any part of the equipment of the right of pledge, if will offer adequate provision cost these parts.
Article 609. Inadmissibility prohibition on the disposal of individual pieces of equipment, contract terms and conditions placed upon the lessee the obligation not to dispose of parts of equipment or dispose of them only with the consent of the lessor, as well as sell the lessor are valid only if the lessor undertakes to purchase the equipment at the end of the lease.
Article 610. Sublease 1. The tenant has no right to sublease without the consent of the lessor.
2. the lessor may declare the refusal of letting the individual parts of the leased property, if he would have caused significant damage.
3. the lessee shall be liable to the lessor for what a subtenant or the employer used the thing differently than permitted by the lessor. The landlord may immediately suspend such use of property the subtenant or employer.
Article 611. Early return the leased property 1. If the renter returns the property before the end of the lease, it is exempt from rent only if instead will propose new effective and acceptable to landlord tenant. New tenant must agree to take a lease on the same terms.
2. If the lessee will not be able to offer such a tenant, it should pay rent until the end of the lease.
Article 612. Termination of an indefinite lease 1. If you are renting a property not defined lease term, termination is only valid to the end of the lease of the year; It may be terminated not later than one month after the end of the lease year.
2. These rules shall apply even if the rental relationship can be terminated earlier, the statutory limit.
Article 613. Termination of the lease in the event of the death of the lessee 1. In the event of the death of the tenant as his heirs, and the landlord may terminate the lease relationship within six months after the end of the quarter of the calendar year.
2. Heirs can renounce the termination of the contract and require renewal leases if they directly or through a third party can exercise proper management of leased property.
Article 614. Reparation when returning the leased property if the lessee does not return the commitment made in the leased property after the end of the lease, the lessor may demand rent for the time delay in the return of property, as well as the profits which the lessee has received during this period or that it would have earned over the lease year. The landlord can demand compensation and other damages.
Chapter 6. Rent of agricultural land Article 615. Concept 1. To lease agricultural land for rent rent a plot together with the dwelling and outbuildings used for its management (Enterprise), or without such.
2. The rent of agricultural land is subject to the rules of the lease if the lease of agricultural land provides otherwise.
Article 616. Contract form lease of agricultural land must be concluded in writing.
Article 617. Description of the leased property at the conclusion of the contract of rent landlord and tenant make up a description of the leased thing, which must include the amount, as well as the State of things at the time of its transfer. The same rule applies when the termination of the lease. The description should contain an indication of the day, when it was made, and must be signed by both parties.
Article 618. Obligations of the lessor and the lessee, the lessor is obliged to transfer the lessee leased thing in serviceable condition for its intended use, established by the Treaty, and to support her in this State during the period of the lease. The renter is obliged to produce, at his own expense to the current repair of the leased thing, especially residential and farm buildings, roads, trenches, drainage and fences. He is obliged to use leased thing properly.
Article 619. Judgment lien the lessor the lessor in securing their claims arising from the lease contract has a judgment lien on made things a tenant, as well as the fruits of leased stuff. A judgment lien cannot be used against future claims.
Article 620. Reimbursement of necessary expenses the landlord is obligated to reimburse the tenant all reasonable costs made the last against things.
Article 621. Reimbursement of expenditures made with the consent of the lessor other expenses, except as provided for in article 620 of the present Code, to which the landlord gave his consent, he must reimburse the lessee at the end of the lease.
Article 622. Compensation neubrannogo harvest
1. If the lease is terminated during the year lease, the lessor must refund to the lessee the cost not yet separated, but according to the rules of proper farming to be the Office until the end of the lease year. It is necessary to address the risk, respectively, associated with the receipt of the harvest.
2. If the specified in paragraph 1 of this article, the value cannot be determined for reasons stemming from the time of year, the lessor must refund to the lessee the cost of obtaining these fruits to the extent they are called proper housekeeping.
Article 623. Renter's obligations before the new tenant 1. Upon termination of the lease the lessee shall leave the next tenant buildings, agricultural produce in quantities necessary for farming until the next harvest, even if at the conclusion of the contract of rent of such products are not identified.
2. If the renter is obliged to leave products in larger quantities and in better condition than he received at the conclusion of the lease, he may require the tenant to reimburse their costs.
Article 624. Duty to return the subject lease 1. The tenant is obliged after termination of the lease return the leased property in a position that provides the proper continuation of the pre-return farming.
2. The tenant does not have the right to hold land in ensuring his landlord requirements Article 625. Tenant's right to withdraw 1. The tenant is entitled to remove the device, which he equipped the thing. The landlord may prevent the exercise of the right of withdrawal, payment of appropriate compensation, except in cases where the tenant has a legitimate interest in a takeover.
2. an agreement precluding the right tenant for the exemption is only valid if provided for equitable compensation.
Article 626. Requirements for renewal of the lease contract, the lessee may demand from the landlord renewal of the lease, if: (a)) rented farm is the economic basis of its existence;
b) plot is the economic basis of the existence of his enterprise;
Article 627. Termination of the lease with the expiration of the lease terminates with the expiration of the term for which he was imprisoned. A contract concluded for a period of not less than three years may be extended indefinitely if the offer one side on the extension of the lease unless the refusal of the other party within three months. Proposal and waiver must be made in writing.
Article 628. Termination of lease contract entered into for an unspecified term if the term of the lease is not selected, each party may terminate the lease, claiming termination no later than the third working day of the year from the termination of the lease at the end of next year. If there is doubt year lease is considered to be a calendar year. The agreement, which has a shorter period for termination must be made in writing.
Chapter 7. Franchise Article 629. The notion of a franchise agreement is a long-term contract ratio, which independent businesses mutually undertake as needed through the execution of specific commitments to promote product sales and implementation services.
Article 630. The franchisor's responsibilities 1. The franchisor must submit frančajzopolučatelû moral rights, in a standard format, commodity and trade marks, designs, and packaging, concept acquisition, marketing and organization activities, and other information to facilitate the sales.
2. The franchisor is obliged to protect the programme of joint action against interference by third parties, to constantly improve it and support the franchisee through acquaintance with the business skills, the provision of information and training.
Article 631. Obligations of the franchisee is obliged to Turn to pay remuneration, the amount of which is calculated essentially with the share sale, as franchise programme, with the prudence of a bona fide entrepreneur actively undertake activities and take services and purchase goods through the franchisor or named persons, if it is directly related to the purpose of the Treaty.
Article 632. Transmission of information at the conclusion of the contract the parties must fully open and to acquaint each other with the circumstances of the case related to franchising and in good faith to provide information to each other. They are under an obligation not to disclose information they trust and if the Treaty is not signed.
Article 633. The form and content of the Treaty on the validity of the franchise agreement requires the written form. In addition to the explicit declaration of bilateral obligations, duration of contract, termination or extension of terms, and other essential items, the parties must make to the text of a treaty for a complete description of the franchise programme.
Article 634. Duration of the contract 1. Duration of the contract shall be determined by the parties, taking into account the demand that is associated with the sale of the goods and services.
2. If the duration of the contract is not defined or it is more than ten years, any party is authorized to terminate the contract in compliance with the provided for the dissolution of a period of one year. If neither party does not use this right of termination of the contract, the contract shall be extended for two years. In case of termination of the contract due to the expiration of the term or at the initiative of the parties, the Parties shall in accordance with the principle of mutual trust to try to extend the contract on the same or changed conditions before the actual end of the business relationship.
Article 635. Loyal competition 1. The Parties shall after the end of the contractual relationship have a loyal competition between themselves. Within these limits with regard to the franchisee may be prohibited competition, limited to a specific locality, which may not exceed one year.
2. If the ban could create a risk of competition for professional activities, frančajzopolučatelû must be given appropriate compensation, despite the expiry of the contract.
Article 636. Responsibility of the franchisor, the franchisor is responsible for programme rights and franchise information. If there are no rights or the franchisor is guilty of violating other treaty obligations, turn has the power to reduce the refund. Size reduction should be determined by the conclusion of the independent expert, the costs of which are vested in the party.
Chapter 8. Loan Article 637. The notion under the contract loan the lender undertakes to transfer to the ssudopolučatelû thing in temporary charge.
Article 638. Responsibility of the lender the lender is liable only for intent or gross negligence.
Article 639. Liability for defects if the lender deliberately kept silent about the shortcomings of the law, or for temporary use things, then he is obliged to indemnify ssudopolučatelû damages.
Article 640. The use of the thing for its intended purpose the borrower cannot use the thing differently than stipulated in the contract. He may not, without the permission of the lender to pass the thing in usufruct to a third party.
Article 641. The obligation to bear the expenses of 1. Borrower shall bear the ordinary costs for temporary use things.
2. the responsibility of the lender to recover other expenses shall be determined on the basis of rules of conduct foreign affairs without orders. The borrower shall have the right to remove the device, which he equipped the thing.
Article 642. Wear things and when the borrower is not responsible for the alteration or deterioration of things resulting from its use in accordance with purpose, set by the Treaty.
Article 643. Duty to return 1. The borrower is obliged to return the received donated thing upon expiry of the loan agreement.
2. If the term of the loan agreement is not defined, the borrower must return the thing when you have finished using the stuff for the purposes specified in the contract for the loan. The lender may demand the return of things earlier, when expired, sufficient to ensure that the borrower could use the thing.
3. If the term of the loan agreement has not been established and cannot be established on the basis of purpose of things, then the lender may demand the return of things at any time.
Article 644. The right to avoid the contract loan the lender may terminate the contract in the case of loans: a) if it is as a result of unforeseen circumstances himself needs this stuff;
b) if the borrower uses the thing for its intended purpose, established in the contract, in particular if he, without the law, will give the thing in usufruct to a third person or if he puts the thing due to lack of significant risk due diligence;
in the) death of the borrower;
g) termination of the legal person which is the borrower.
Chapter 9. Loan Article 645. Concept 1. Under the loan agreement mortgagers passes into ownership of the borrower money or other nonessential things, the borrower undertakes to return the zajmodavcu received things of the same kind, quality and quantity.
2. a person who needs money or other nonessential things otherwise, can negotiate with the lender to make money or things considered the subject of the loan agreement.
Article 646. Form of agreement loan agreement is verbal. By agreement of the parties can be used and written form. At the conclusion of the contract orally by its validity cannot be established only on the basis of the testimony of witnesses.
Article 647. Interest on the contract 1. Under the loan agreement, the parties may provide for the payment of interest, which should be reasonable in accordance with the limit size established by the Central Bank of Turkmenistan. Invalid percentage agreement in violation of this rule.
2. In the absence of an agreement to the contrary, interest must be paid upon the expiry of each year, and if the loan must be repaid before the end of the year, upon return.
Article 648. Termination of the contract 1. If the loan period is not set, the he/she is determined according to a borrower or collateral contract.
2. a warning to termination of the contract, the loan must be made for three months.
3. If no interest is due, the borrower may repay the loan without observing the period of Declaration of avoidance of the contract.
Article 649. Review loan promises
The person who promised to provide a loan in the event of doubt can abandon this promise if property other hand significantly deteriorate, resulting in satisfying claims for repossession loan will be threatened.
Chapter 10. Consecutive Article 650. Concept 1. Under the contract the Contractor undertakes to comply with the prescribed in the contract of employment, and the employer shall pay to the contractor the agreed compensation.
2. Subject of the contract may be making or changing things, and different result achieved by performing work or rendering services.
3. Cost estimation related to the contract, may not be covered, unless the agreement provides otherwise.
Article 651. Remuneration 1. Remuneration is deemed tacitly agreed, if the performance of work in accordance with the circumstances could only be expected to reward.
2. If the remuneration has not been installed, as such, subject to the availability of approved costs is considered remuneration in accordance with the rates, and in their absence-remuneration, usually paid for similar work.
Article 652. Cost estimates exceeded 1. If the basis of the Treaty was based on cost estimates without guarantee of its correctness on the part of the contractor and it appears that the work could not be accomplished without significantly exceeded estimates, upon termination of the contract by the customer for this reason, the contractor shall be entitled only to the requirement specified in article 668 of the present code.
2. The contractor shall immediately inform the customer about possible exceeding estimates.
Article 653. The contractor's obligation to personally perform the work, the contractor is obliged to personally perform the work only in cases where it follows from the circumstances or the nature of the work.
Article 6531. General contractor and subcontractor 1. If the law or treaty obligation does not derive from the contractor to accomplish what the Treaty work personally, the contractor as agreed with the customer the right to draw up their obligations of physical and legal entities (subcontractors). In this case the contractor acts as a general contractor.
2. General contractor that attracted to the execution of contracts the subcontractor in violation of the provisions of paragraph 1 of this article or of the Treaty, shall be liable to the customer liable for damages caused by the involvement of subcontractors in the execution of the contract.
3. the contractor shall be liable to the customer of the responsibility for the consequences of non-performance or improper performance of sub-contractor in accordance with the rules of paragraph 1 of Article 383 of the present Code, and before the subcontractor-responsibility for non-fulfillment or improper fulfillment of the obligations under the contract by the customer.
Unless otherwise provided by a statute or contract, the customer is not entitled to present the subcontractor and each other requirements relating to the violation of the contract signed by each of them with the general contractor.
(Code a new article from the Turkmenistan law 6531-statements of the Mejlis of Turkmenistan May 4, 2012 2012 g., no. 2, p. 50) article 654. Customer assistance 1. The contractor may demand compensation of damage, if the customer does not take duly done. The customer is obliged to indemnify and if he will not perform the actions necessary to complete the work.
2. the amount of compensation is determined on the basis of the length of delay and the size of the established remuneration, as well as taking into account the cost savings as the result of delay by the contractor and the benefits they extracted as a result of the use of its workforce during the delay.
Article 655. A security contractor to ensure that the requirements under the contract, the contractor shall be granted a judgment lien on manufactured or repaired them movable things customer, if you manufacture or repair they are in his possession.
Article 656. The interim mortgage when performing construction work to ensure their claims under the contract, the contractor, raising it construction or part of the structure may require the interim mortgage on land given for building customer. If the work is not yet complete, it may require the interim mortgage only that part of the remuneration which corresponds to the work performed, taking into account not included in remuneration costs.
Article 657. The customer's right to cancel the contract until the completion of the work, the customer may at any time require the avoidance of the contract. If the Customer terminates the contract, the contractor shall have the right to demand payment of the established remuneration minus the fact that the contractor had or acquired as a result of the termination of the contract.
Article 658. The duty to perform work without the disadvantages of the contractor must perform the work in such a way that she had promised and was free from defects which would destroy or reduce its value and usefulness to the customary or prescribed contract use.
Article 659. Deficiencies 1. The customer may demand remedy deficiencies, if work does not conform to the promised properties. The contractor shall be entitled to refuse to correct deficiencies, if it would require disproportionate costs.
2. If the contractor is in delay with shortcomings, the customer can fix the flaws and claim reimbursement.
Article 660. The time limit for remedying the deficiencies. Termination of the contract or reduce the remuneration 1. The customer may assign the contractor a reasonable period of time to correct the deficiencies set forth in article 658 of this code, stating that at the expiration of this period, he refuses to accept the shortcomings. If the deficiencies are not remedied in a timely manner, upon expiry of the term, the customer has the right to demand termination of the contract or reduce the remuneration to the contractor.
2. Does not require appointment of a term if the shortcomings cannot or if the contractor refuses to eliminate them, or the special interests of the customer justify immediate termination of the contract or reduce the remuneration to the contractor.
3. Termination of the contract shall not be permitted, if the deficiencies only slightly reduce the value or the suitability of the product for use.
Article 661. Execution of works from materials the contractor If the contractor is obliged to perform work from their own material, then it should pass the customer made thing and ownership of it. With regard to the Treaty on the non-essential manufacturing things Act regulations on sale.
Article 662. Responsibility warning, the contractor is required to notify the customer that: a) received from the customer material does not meet the requirements of the quality or unsuitable;
b) in the case of the execution of the instructions of the customer do not work will be free from defects, destroy or reduce its value and usefulness to the customary or laid down by the Treaty;
in) there are any circumstances beyond the control of the contractor, creating a risk of destruction or reduce the value or suitability of the products.
Article 663. Remuneration Remuneration must be paid when making the work performed. If work is to be adopted in a piecemeal fashion, while also set for individual parts, the compensation should be paid for each part at the time of adoption of the relevant parts of the work.
Article 664. Acceptance of the work 1. The customer is obligated to accept the work performed in accordance with the Treaty, unless it is impossible because of the quality of work.
2. If the customer will work has shortcomings, knowing about them, then he is entitled to the claims referred to in articles 659 and 660 this code only when making work about their rights concerning detected deficiencies.
Article 665. Warranty If the contractor issued a guarantee on the work done, the lack of detection within the applicable warranty period gives rise to the right to claim its elimination.
Article 666. Contractual exclusion of liability agreement which fully or partly exclude the liability of the contractor for the work, is negligible, if the contractor has deliberately kept silent about the shortcomings.
Article 667. Allocation of risk 1. The contractor shall bear the risk of accidental loss or deterioration of the work performed up to the date of adoption of the work. If the customer is in delay with acceptance of the work, the risk passes on him.
2. The contractor is not responsible for incidental loss or accidental deterioration of the material given to him by the employer.
Article 668. Liability of the customer, the contractor may require the payment of a part of remuneration in accordance with the work done and the compensation not included in remuneration costs, if the result of the work of the quality of the work lost or deteriorated or if work has become daunting even before its adoption due to the deficiencies of the material supplied by the customer, or as a result of orders issued by the customer regarding the execution of the work, and this did not contribute to the circumstances which are the responsibility of the contractor.
Chapter 11. Tourist services Article 669. The concept of a Treaty on the tourist service organizer travel (tourist company) undertakes to provide tourists the totality of all travel services. Tourist travel organisers agreed to pay remuneration for services rendered.
Article 670. Replacing a tourist third party 1. Prior to the start of travel tourist can require to travel instead attended a third person. Travel organizer can argue against a third party, if the latter does not fulfil the special requirements to participate in this journey or if his participation would contravene the requirements of the legislation.
2. The organizer of the travel may require tourist reimbursement of the additional costs resulting from the participation of third party travel.
Article 671. Provision of guarantees and deficiencies 1. Travel organizer is obliged to organize a trip in such a way that it had guaranteed level and had no weaknesses that destroy or reduce the value or the ability to travel to meet regular or prescribed by the Treaty objectives.
2. If the trip does not have this level, the tourist may require. Travel organizer may refuse to correct deficiencies, if it would require disproportionate costs.
3. If the travel organiser will not eliminate shortcomings in these tourist a reasonable period of time, the tourist can eliminate defects and to demand compensation for such necessary expenses. The timing is optional if the travel organizer abandons overcome weaknesses or if a tourist has special interest in the immediate elimination of shortcomings.
Article 672. Reducing remuneration if the trip has flaws, the remuneration is reduced, taking into account the time during which there were shortcomings. Remuneration is not reduced if the tourist does not report on the shortcomings.
Article 673. Termination of the contract on the initiative of tourists due to the lack of the 1. If the trip would suffer significant damage due to the lack of specified in article 671 of the present Code, the tourist can withdraw from the contract. The same rule is applied and then, if he cannot take part in the trip with good reason, about which knows travel organizer.
2. Termination of the agreement is valid only if the travel organiser will not eliminate the shortcomings in a reasonable period of time. In determining the length of a term is not necessary if the shortcomings cannot, or travel organizer fails to resolve them, or if the immediate termination of the contract is justified by the special interests.
3. If the agreement is terminated, the organizer of the travel loses the right to receive the prescribed remuneration for their services. However, he has the right to demand remuneration for services rendered, which had no weaknesses.
4. If the contract provided for backward tourist delivery, after termination of the contract the Organizer travel is obliged to bring him back. In this case, the additional costs imposed on the travel organizer.
Article 674. Compensation for damage 1. If the disadvantages of travel have arisen as a result of circumstances for which the Organizer is responsible travel, tourist can regardless of their rights to remuneration reduction or termination of the contract, to demand compensation of damage caused by failure.
2. If the journey is disrupted or was not properly organized, the tourist may require appropriate monetary compensation for useless spent vacation time.
Article 675. The period of limitation 1. Requirements referred to in articles 671-674 of this code, a tourist can bring a host of travel within one month after the end of the period specified in the contract for the period of travel. After expiration of the tourist can assert their claims, if he is not guilty for the late claim.
2. The period of limitation according to the requirements of the tourist-six months. The period of limitation of actions starts from the day when the travel organizer rejects the demand.
Article 676. A valid disclaimer travel Organizer in agreement with the tourist may limit his liability size triple fee for their services, if: (a)) damage caused to tourists, is not called the deliberate or negligent acts;
b) travel organizer shall be liable to a tourist solely responsible for damage or loss resulting from the guilt of one of the artists selected travel obligations.
Article 677. Cancellation of the contract before the start of the journey 1. Tourist can at any time prior to the start of the journey to withdraw from the contract.
2. Upon cancellation of the contract the seller of travel shall cease to be entitled to the agreed remuneration. However, it may require appropriate compensation, the amount of which is determined on the basis of the amount of the agreed remuneration minus the sberežennyh host trip expenses, and minus the benefits he could get as a consequence of the provision of its services in a different way.
Article 678. Termination of the contract due to force majeure 1. If as a result of unforeseen force majeure when the contract will be considerably complicated journey or threat of implementation, as a tourist and travel organizer may terminate the contract.
2. Upon termination of the contract, in such cases, the provisions of the first sentence of paragraph 3 and the first sentence of paragraph 4 of Article 673 of this code. Additional costs of return shipping tourist sides bear in equal shares. In other cases, the additional costs are borne by the tourist.
Article 679. Inadmissibility of agreements that infringe the legal rights of tourists Rules articles 669-678 of the present code may not be altered to the detriment of the tourist.
Chapter 12. Carriage § 1. The contract of carriage Article 680. The concept of the contract of carriage, the carrier shall deliver the goods over the agreed remuneration or to transport passengers to the destination.
Article 681. The liability of the carrier 1. The carrier is liable for damage caused to passengers, as well as for damage to or loss of baggage.
2. No Liability If damage is caused as a result of force majeure or by the passenger or his baggage.
3. The carrier's liability cannot be excluded or limited by contract.
Article 682. The obligation to conclude a treaty Person, publicly offering delivery of cargoes and passengers, is obliged to conclude a contract of carriage, if there are no grounds for refusal.
Article 683. Several transportation vehicles
If the machine is loaded on one track would be transported by sea, rail or air transport and under article 696 of the present Code cases cargo is unloaded, the rules of this chapter for transport in General.
Article 684. Form of the contract contract of carriage shall be in the form of an invoice. Regardless of the lack of a consignment note, its weaknesses or loss of content and validity of the contract of carriage shall be determined by the rules of this chapter.
Article 685. Rules of the consignment note 1. The consignment note shall be made out in three original copies signed by the sender and by the carrier. The first copy is returned to the sender, the second shall be attached to the consignment and the third reserves the carrier.
2. If you want to transport the load is distributed across multiple vehicles or cargo of different species or divided into individual shipments, as the sender and the carrier may require the compilation of so many bills, how many there are modes of transport or cargo.
Article 686. Invoice details 1. The consignment note shall contain the following information: a) date and place of issuance;
b) name and address of the sender;
in) the name and address of the carrier;
g) place and date of the transfer of the cargo, as well as the place of delivery;
d) name and address of the consignee;
(e) the usual name of the type of goods), type of packaging, when goods representing danger, their recognized designation;
f) quantity, signs and numbers of transported cargo;
w) weight or other identification number of the goods;
and) related to the carriage costs (the price of transportation, supplementary charges, customs charges and other costs arising from the conclusion of the contract and before delivery of the goods);
k) mark of the Customs and other related services;
l) mark that carriage, regardless of the parties ' agreement, subject to the rules of this chapter.
2. If necessary, the consignment note shall contain the following information: a) ban on overloading other transportation;
b) costs, which assumes the sender;
in) dimensions margins payable upon departure of the goods;
g) value of the goods and special interests to his delivery;
d) specify the sender carrier cargo insurance;
e) agreed completion date of shipment;
f) list of sent documents to the carrier.
3. The consignment note may contain other data, which the parties deem appropriate.
Article 687. Sender's responsibility 1. The sender shall be responsible for all costs and damage resulting from the fact that the invoice is incorrect or incomplete, were presented: a) the data listed in subparagraphs "b", "d", "d", "e", "w", "w" and "k" of paragraph 1 of article 686 of the present code;
b) the data listed in paragraph 2 of article 686 of the present code;
in) all other information or guidance on the compilation of the sender of the invoice or to amend it.
2. If the carrier on demand of the sender will invoice the data listed in paragraph 1 of this article, until the contrary is proved, it shall be deemed that the carrier had acted on behalf of the sender.
3. If the consignment note does not contain the data prescribed in subparagraph "l" item 1 article 686 of the present Code, the sender is responsible for all the costs, and harms, which have owner rights in goods due to the fact that these data were not specified.
Article 688. Obligations of the carrier when receipt of the goods 1. Upon receipt of the goods, the carrier shall check: a) the correctness of the data on the number of seats, signs and the dimensions of the goods mentioned in the consignment note;
b) external condition of the goods and their packaging.
2. If the carrier is denied the opportunity to verify the data specified in sub-paragraph (a) of paragraph 1 of this article, he enters in the consignment note the executory conditions. In the same way it should make conditions concerning external condition of the goods and their packaging. These instructions are not required for the sender, except when it is explicitly acknowledged in the consignment note.
3. the sender may require the carrier to have it rechecked the weight or the quantity indicated otherwise. He may also require that the carrier checked composition to be transported cargo. The carrier has the right to demand compensation for the costs associated with these checks. The outcome of the reevaluation shall be recorded in the invoice.
Article 689. The presumption of the contract of carriage 1. Until proven otherwise, the consignment note (Bill of lading or another transport, adopted in the form) is proof that the agreement has been made, its contents and the cargo carrier for shipment.
2. If the consignment note does not specify the conditions of the carrier, before the contrary is proved, it shall be deemed that the goods and their packaging when accepting externally were in good condition and that the number of seats and rooms are the same with the invoice data.
Article 690. Sender's liability for harm caused by defective packing of the goods, the sender shall be liable to the carrier for caused by defective packing of the goods, the harm caused to persons, property of the carrier, as well as costs associated with poor quality packaging, except in cases where shortcomings were apparent or when receiving cargo carrier knew about this and therefore no conditions specified.
Article 691. The responsibility of the sender to provide the necessary information
1. the sender must attach to the invoice and all documents required for customs and other similar actions prior to delivery or transfer these documents to the carrier and provide it with all necessary information.
2. the carrier shall not be obliged to check the accuracy and adequacy of such documents and information. The sender shall be liable to the carrier for any damage caused by inadequacies and inaccuracies of documents and data, except in cases where this has happened through the fault of the carrier.
3. the carrier shall be liable for any loss or misuse of specified in the invoice or transferred to carrier documents; It can not be held responsible for more than one that occurs when the loss of the cargo.
Article 692. Sender's rights 1. The sender is authorized to dispose of the goods, to require the cessation of transportation, change the place of delivery and to claim from the carrier that it has not passed the goods to other persons, except where indicated in the invoice.
2. this right shall terminate simultaneously with the transfer of the second copy of the consignment note to the recipient of the goods or, if he used his right under paragraph 1 of article 693 of the present code. Since then the carrier must comply with the instructions of the receiver.
3. the recipient shall have the right of disposal of the goods already on clearance of the consignment note, if the sender made appropriate notes in the invoice.
4. If the recipient when carrying out the right pointed to deliver the goods to a third party, the latter is not competent in turn called another recipient.
5. implementation of the right of disposal must conform to the following provisions: (a)) if the sender or in the cases referred to in paragraph 3 of this article, the consignee who wishes to exercise his right of disposal, he shall submit the first copy of the consignment note, which must reflect the new instructions to the carrier and data carrier must be reimbursed for all costs and damages following the execution of these instructions;
b) execution guidance should be possible at the time when it reaches the person who must comply with this directive, and it is unacceptable that it might interfere with the normal course of business of the carrier and the cargo harm other senders or recipients;
in) indications should not result in the dismemberment of the cargo.
6. If the carrier under subparagraph of item 5 of this article may not execute the received instruction about this he immediately shall inform the person allowing the indication.
7. a carrier who does not fulfill guidelines given in compliance with the requirements of this article, or executes these instructions without having to incur the first copy of the consignment note shall be liable to the person caused by the injury.
Article 693. Rights of a transferee upon transfer of the goods 1. When delivery to the place prescribed for his transfer, the receiver is empowered to require the carrier to transfer the second copy of the consignment note to be based on the acknowledgement of receipt and the goods will be deemed to be passed. If it appears the loss of cargo or cargo was not delivered within the time limits specified in article 700 of the present Code, the recipient can apply on their own behalf against the carrier arising from the contract law.
2. the recipient, using the provided in paragraph 1 of this article, the law must pay the full amount of the expenses arising from the invoice. In disputes about this carrier is obliged to transfer the thing only if the recipient will provide him with security.
Article 694. Impossibility of performance of the contract 1. If, prior to the adoption of the cargo in accordance with impossible spot for transmission performance of a contract on the terms specified in the consignment note or performance became impossible, the carrier shall require, in accordance with article 692 of the present code from an authorized person ordering of things.
2. If the circumstances give the possibility to transport different from the conditions specified in the consignment note and the carrier could not get within a reasonable period of time the authorized individual directives concerning the goods referred to in article 692 of the present Code, he shall take such measures as the basis of the interests of the authorized individual will be recognized as the best.
Article 695. Obstacles to the transfer of cargo 1. If after receipt of the goods to destination circumstances impeding the transfer of cargo, the carrier must request instructions from the sender. If the sender has not provided guidance and the consignee refuses from acceptance of the goods, the carrier shall have the authority to order goods himself without being the first copy of the consignment note.
2. the recipient may require the transfer of cargo and when refused the adoption, but the carrier still had not received instructions to the contrary from the sender.
3. If a condition that prevents the transfer of the cargo appeared after the consumer in accordance with paragraph 3 of article 692 of the present Code instructed on the transfer of goods to a third party in the application of the rules provided for in paragraphs 1 and 2 of this article, the beneficiary replaces a sender, and a third person.
Article 696. The right to compensation for the costs incurred based on the sender's instructions 1. The carrier shall be entitled to reimbursement of expenses incurred as a result of the receipt or execution of the instructions of the sender, unless these expenditures occurred through no fault of his own.
2. In the cases contemplated in paragraph 1 of article 694 and 695 article of this code, the carrier may unload the goods urgently through the authorized individual; After unloading transportation is considered to be completed. Then the carrier must keep the goods for authorised persons. He may delegate this to a third party. In such cases, he is only responsible for the selection of a third person. All the obligations arising from the claims and expenses paid invoice value of the goods.
3. the carrier may, without waiting for indications of the authorized person, order the sale of the goods, in the case of perishable goods or if the condition of the cargo justifies such action, or when storage costs exceed the value of the goods. He may sell the goods and in other cases if not for some time to receive instructions from one of the parties.
4. If the goods have been sold pursuant to this article, the proceeds, minus amounts owed on the goods costs should be transferred to an eligible person. If these expenses exceed income, the carrier may claim the difference.
5. rules of sale will be governed by the laws and customs of the location of the cargo.
Article 697. Carrier's lien for costs arising from the contract of carriage, the carrier has a lien on the goods until it has the right to dispose of the cargo.
§ 2. The liability of the carrier Article 698. Concept 1. The carrier is liable for loss or damage to cargo in whole or in part, if the goods are lost or damaged during the period from receipt to delivery, as well as for delay in delivery.
2. the carrier shall be relieved of liability when the loss, damage or delay of cargo delivery occurred through the fault of the authorized person, or by his direction, for which the carrier is not liable, and also because such deficiencies of the goods or the circumstances which the carrier could not resolve and could not prevent their consequences.
3. the carrier may not, with a view to exonerating avail themselves of the disadvantages was used for the transport of the vehicle nor blame the landlord of this tool or to blame the attendants of the employer.
4. the carrier shall under the conditions set out in paragraphs 2, 3, 4 and 5 of article 699 of the present Code shall be exempted from liability if the loss or damage to the goods caused by the particular risks associated with the following circumstances: (a)) applies an open, not overlapped vehicle if its use has been expressly agreed and noted in the consignment note;
b) goods not packed or packaged poorly;
in) inspection, loading, stowage or unloading of the cargo the consignor, consignee or produced for them by a third party;
g) due to the characteristics of certain goods predpoložitel′na risk of loss or damage in whole or in part, in particular breakage, zaržaveniâ, corrosion, desiccation, shedding normal losses and the impact of insects or rodents;
d) intended for the carriage of goods is not enough or is numbered;
e) transported animals.
If, on the basis of this article, the carrier shall not be liable for individual circumstances, resulting in damage, he shall be liable only to the extent that caused harm to the circumstances which are the responsibility of the carrier under this article.
Article 699. The burden of proof 1. Proof that the loss or damage, delay of delivery resulted in the circumstances specified in paragraph 2 of article 698 of this code rests with the carrier.
2. If the carrier proves that, on the basis of the circumstances of the particular case, shortage or damage could occur due to one or more of the risks listed in paragraph 4 of article 698 of this code, it is considered that the injury arose out of this. Authorized person can prove that the damage arose from this danger not only from this danger.
3. This does not apply in the circumstances contemplated in subparagraph "a" item 4 article 698 of this code in case of loss or destruction of goods carried in extreme conditions.
4. If carriage is a vehicle with special equipment to protect the load from heat, cold, wind or temperature drop, the carrier can to refer to paragraph 4 of article 698 of this code only if he proves that he has taken the necessary measures for the selection, maintenance and use of this equipment and has fulfilled all the demands it.
5. the carrier can apply subparagraph d of paragraph 4 of article 698 of this code only if you can prove that it has fulfilled all its mandated activities and guidance information.
Article 700. Delay in delivery of cargo Delivery is considered overdue, if the goods are not delivered within the agreed period or, if no time limit has been agreed, in typically required for transportation period, taking into account the circumstances which relate to the definition of the time to connect parts of the cargo together when it is loading, if breached a term, which was supposed to comply with precautionary carrier under normal conditions.
Article 701. The loss of cargo 1. An authorized person may without the submission of additional evidence to deem the goods lost, if within 30 days after the agreed period, the goods will not be delivered in time or if no time has been agreed upon the expiration of sixty days after receipt of the goods by the carrier.
2. the authorized person may, at the time of compensation for damage in connection with the loss of the goods, in writing, to demand that it immediately informed if, within one year after the reimbursement you find lost cargo. The answer to this requirement must also be given in writing.
3. Authorized person may within thirty days after the receipt of such communications require that the cargo was delivered to him after the execution resulting from invoice requirements and subject to return received redress, if necessary, less the costs incurred in compensating for harm; his claims relating to delayed shipments in accordance with sections 704 and 706 of this code remain unchanged.
4. If there is no claim under paragraph 2 of this article, or there is no link to a 30-day period stipulated in part three of this article, or the goods will be found on the expiry of one year after the payment, the carrier may dispose of the goods in accordance with the rules in force at the place where the cargo.
Article 702. The right to claim additional payments if the goods are handed over to the consignee without surcharge, which the carrier had to get after delivery of the goods at destination, the carrier may, with reference to recourse against the right of the recipient to seek compensation from the sender.
Article 703. Rules for sending dangerous goods 1. If the sender sends the goods are dangerous, he must provide the carrier with accurate information and to warn against the dangers of the goods, and if necessary, and insure the shipment. If this obligation is not entered in the consignment note, the sender and recipient have a duty of proof by other means that the carrier knew about the kind of product and the expected risks.
2. the carrier may at any time and in any place, destroy or render harmless the download without the obligation of reparation, hazardous cargoes, and the danger which, according to paragraph 1 of the present article knew nothing; the sender is also responsible for damage and costs caused by handing over for carriage or transport of the goods.
Article 704. Determination of the value of the goods when it lost 1. If, in accordance with the provisions of this chapter, the carrier is liable for damage caused by total or partial loss of the goods, compensation is carried out on the product prices in force at the place and time of transmission.
2. the value of the goods is determined by the stock price, in the absence of such a price on the market, and if there is no such similar goods of similar type and value.
3. Refundable amount of transportation, customs and other similar expenses, but the loss of the entire cargo-completely, and the loss of its parts-part.
4. If overdue cargo delivery and authorized person proves that it caused harm, the carrier is liable for damage to the extent of the value of the goods. More reimbursement may be required in the case where under article 706 of the present Code, there was a special interest in the transportation or cargo value was specified.
Article 705. Compensation in the event of injury to the goods 1. When damaged, the carrier must reimburse the amount by which the value of the goods has decreased. This amount is determined in the manner prescribed in paragraphs 1, 2 and 3 of Article 704 of the code.
2. Compensation shall not exceed: a) the amount to be paid with the loss of all cargo-when the entire cargo lost, damaged;
b) amount to be paid if the loss of part of the load, when depreciated as a result of damage to only one part of the load.
Article 706. Mark a particular interest in the consignment note 1. The sender may, on the basis of the produced extra charge noted its particular interest to this transport in case of loss of or damage to the goods or delay.
2. If a special interest in the carriage already expressed, regardless of the compensation referred to in articles 704 and 705 of the present Code, harm may be required additional compensation in the amounts expressed in interest.
Article 707. Requirement per cent refundable secured harm 1. The cargo authorized person may demand payment of five per cent per annum with secured him redress. By percent begins from the day of presentation of the claim to the carrier, and if the claim is not him, as from the time of making the claim.
2. If compensation determined in monetary units without walking in the country and demanded the payment rate shall be determined in accordance with the exchange rate in force at the date of payment at the place of payment of the remuneration for the damage.
Article 708. Non-contractual claims for transport 1. If the loss, damage or delay during transport could lead to regulations non-contractual claims, then the carrier may, in contrast, to refer to the provisions of this chapter which exclude his liability or determine or limit the amount of compensation.
2. If the requirements are applied outside of contractual liability in respect of loss of, damage or delay in respect of one of the persons he may avail himself of the provisions of this chapter which exclude his liability or determine or limit the amount of compensation.
Article 709. Inadmissibility of release the carrier from liability
The carrier may not avail himself of the provisions of this chapter which exclude his liability or release him from the burden of proof if the damage caused by his fault.
§ 3. The claim (claim) and Sue Article 710. The notion. Table of contents 1. If the recipient will take the goods in such a manner that it will examine it along with the carrier and the carrier fails to claims of a general nature about the losses and damages, before the opposite is proven, it is believed that the recipient has accepted the goods specified in the consignment note; mentioned claim must be filed on the date of acceptance of the goods-when it comes to notable by shortages or damage and, in the case of externally invisible damage and shortages-not later than one week from the date of acceptance; Saturday and Sunday, as well as holidays in this period do not qualify. If the loss of or damage to the externally invisible, these claims must be made in writing.
2. If the consignee and the carrier jointly checked the condition of the goods, the proof, the opposite of audit is allowed only when the deficiencies and damage externally invisible and recipient within seven days after receipt (Saturday, Sunday and public holidays are not counted) produces the written claims.
3. the requirement of reparation over the delay is only possible if within twenty-one days from the date of receipt of the goods by the recipient in respect of the carrier will be written claim.
4. When calculating the time limits provided for in this article shall not be considered days of shipment, it checks or deposit to the recipient.
5. the carrier and the consignee shall promote each other in carrying out the necessary checks and to establish the necessary facts.
Article 711. The Statute of limitations on the rights arising from the carriage of the Statute of limitations on the rights arising from the transport provided for in this chapter, is one year. If intent or gross negligence, this period is three years. The period of limitation shall be calculated: a) partial loss, damage or delay-from the day of arrival of the goods;
b) with full loss of cargo from the thirtieth day after the expiry of the agreed period of carriage or, if no such term has not been agreed, on the sixtieth day after acceptance by the carrier;
b) in all other cases, at the expiration of three months after the day of conclusion of the contract of carriage.
Article 712. Suspension of limitation period 1. The limitation period shall be suspended from the date of sending the carrier written complaints before the date when the carrier will send a written refusal to claim. If the complaint is recognized as a part, the period of limitation for the disputed portion of the complaint continues. The burden of proof of the receipt of the claim or response to it lies with the person who relies on them. Other claims relating to the same subject, do not suspend the limitation period.
2. overdue requirements may not be used by counterclaim or challenge.
§ 4. Transport performed by successive carriers Article 713. The liability of successive carriers If one contract carriage is performed by successive different carriers, each of them is responsible for transport in General; the second and each subsequent carrier by receipt of the goods and the consignment note shall become a party to the Treaty.
Article 714. The obligation of transfer of documents 1. A carrier accepting the goods from a previous carrier shall be obliged to issue a confirming receipt, dated and signed document. On the second copy of the consignment note, he must indicate his name and address. Where necessary, he makes a second copy of the consignment note referred to in paragraph 2 of article 688 of the present Code, terms and conditions and acknowledgement of receipt of the goods.
2. relations between successive carriers article 689 of the code.
Article 715. The requirement of reparation in relation to successive carriers the claims for harm as a result of the loss, damage or delay of transportation, in addition to the counterclaim or challenging, can be applied only in respect of the first, last, or the carrier, while carrying out traffic that cargo had been lost, damaged or delayed delivery of goods; the same action may be brought by several carriers.
Article 716. A right of recourse in redress If in accordance with this chapter, the carrier has already repaid the harm he or she has the right to subrogation claim in the following cases: (a)) if the carrier, with loss of or damage to the goods, one must compensate for the damage to be compensated them or more carriers;
b) if loss or damage is allowed two or more carriers, each of them should pay the amount corresponding to the proportion of responsibility; If it is impossible to install, each of them shall be liable in proportion to the remuneration received;
in) if it is impossible to determine which of the carriers should be given the duty of reparation, should pay all carriers in the proportions specified in subparagraph b of this article.
Article 717. The effects of insolvency of the carrier
If one of the carriers unable to pay, the amount it had to pay, but not paid, shall be distributed among the other carriers in proportion to their share in the resulting remuneration.
Article 718. Contestation of carried out recourse Carrier, on which, in accordance with articles 716 and 717 this code implemented the requirement in regress could not challenge the correctness of the payment made by another carrier on the basis of a court decision if the carrier in respect of which the requirement in the manner of recourse was properly warned about the process and could take part in the process.
Article 719. Mutual agreement between successive carriers, carriers are free to agree among themselves and on matters other than those in articles 716 and 717 of the criminal code.
Article 720. Invalidity of agreements 1. Void any agreement, other than those referred to in article 719 of the present Code, which directly or indirectly does not conform to the provisions of this chapter.
2. Valid any agreement, which the carrier yields to the demands arising from insurance, and any other similar agreement whereby the burden of proof shifts to the other person.
Chapter 13. Order Article 721. The concept Of contract orders Attorney is obliged to commit one or more assigned actions on behalf and for account of the principal.
Article 722. Pay for order 1. The principal shall pay the remuneration of the agent only in cases stipulated by contract or law.
2. compensation is considered to be definitely agreed, if the circumstances of the case an act expected only compensated.
3. If the remuneration is not defined, then if there is any price list shall be deemed agreed upon remuneration according to the price list or, in the absence of price list-normal remuneration.
Article 723. Assignment to a third party 1. Attorney must personally execute order, except when he was allowed to entrust it to a third person or he is forced to do so in view of the prevailing circumstances. You can connect the auxiliary persons.
2. If allowed such orders to a third party, the Attorney shall only be liable for the fault, which it is for the selection and delegation of power of Attorney of the person.
Article 724. Deviation from instructions 1. Attorney must execute instructions of the principal.
2. The representative has the right to deviate from the instructions of the settlor, if it is based on the circumstances, may assume that the principal, knowing about the situation, would have approved such derogation. Before you deviate from the instructions of the settlor, the Attorney shall notify the settlor and expect its decisions, except when delay can cause hazard for execution.
3. If the execution of the instructions of the principal agents can cause him considerable harm, Attorney only then can execute instructions when the principal will inform about the dangers, and the latter does not change its guidance.
Article 725. Duty to provide information and report 1. Attorney is obliged on demand of the principal to provide him with the necessary information, be informed about the status of the case and on the execution of the orders report.
2. the agreement, which limits or excludes the future responsibilities of Attorney referred to in paragraph 1 of this article shall require written form.
Article 726. Confidentiality 1. Attorney is obliged not to disclose known within its activities facts, secrecy of which the principal is interested legitimately, if, on the basis of the law there is no obligation for disclosure of secrets or the trustee will allow the agent to reveal the secret.
2. the obligation of confidentiality exists and after the end of the contractual relationship.
Article 727. The obligation to transfer the principal results of the 1. Attorney is obliged to transfer the principal whatever he got for the execution of orders or acquired as a result of its execution 2. If the solicitor uses the money he should pass on to the principal or to use on his behalf, he shall charge interest on that money for the time they use to their advantage.
Article 728. The property of the principal property purchased at the expense of the principal agents and on its behalf when carrying out the mandate entrusted to it by the principal or actions for the execution of orders, Attorney with creditors is considered property of the principal.
Article 729. The reimbursement of the principal shall reimburse the expenses which are incurred for the purpose of fulfilling orders to agents and that, on the basis of the circumstances was entitled to deem necessary.
Article 730. The obligation of payment of the advance on demand Attorney the truster shall pay him an advance to cover the costs required to accomplish the task.
Article 731. Reparation, coming without fault 1. The principal shall reimburse the pullout also through no fault of his own injury, which occurred in the Chargé d'affaires at the execution of the order, if the damage came because of the instructions of the principal as a result of the significant risks associated with execution of the order.
2. the requirement of paragraph 1 of this article does not occur if the onset of the damage should be covered by compensation or if the injury came as a result of action. If the coverage of harm to reward will be contentious, the burden of proof rests with the Attorney.
Article 732. Reparation for the injury caused by the actions of a guilty if the order is executed gratis agents, he shall only be liable for damage caused intentionally or through negligence.
Article 733. Termination of the contract 1. The trustee may at any time cancel the order and Attorney to terminate the contract.
2. representative may terminate the contract only when the trustee has the ability to take other measures to commit the mandated action, except in cases where an immediate termination of the agreement there is a good reason. If Attorney terminate the contract immediately and without good cause, he is obliged to indemnify the principal caused this loss.
3. If the contract is terminated by the principal, it shall compensate the agent all necessary expenses incurred by the Attorney when making given to actions, and if the contract had been compensated, to pay remuneration respectively volume performed works.
Article 734. Death or incapacity of the principal 1. The contract is not terminated by the death of the settlor or his work, unless otherwise follows from the content of the order.
2. If the contract should end with the death of the settlor or due to declaring it incapable, then the probability of unfavorable consequences as a result of suspension orders Attorney continues his duties until the heir or legal representative of the principal does not take other measures to protect their interests.
3. If the contract is terminated by the death of the settlor or his incapacitated, it shall be extended in favour of Chargé d'affaires, until he is informed of the grounds for termination of the contract.
Article 735. The death of Attorney 1. Contract expires upon the death of Attorney, unless otherwise follows from the content of the order.
2 the heir must immediately notify the truster on the death of Attorney and continue execution of the order if the suspension order could lead to disadvantageous consequences for the principal. Heir Attorney continues execution of the order until the trustee did not take other measures to protect their interests.
Chapter 14. Trust property management Article 736. Concept 1. On trust management contract owner (one side) transfers to a specific term asset manager (the other side) movable or immovable property or rights to it in trust, and the other party accepts them and agrees to manage for the benefit of the owner.
2. The transfer of ownership in trust does not entail transfer of ownership rights on it to the asset manager.
(As amended by the Act of September 25, 2010-statements of the Mejlis of Turkmenistan 2010 г., no. 3, p. 63) article 737. The rights and duties of the trustee 1. Trustee is obliged to dispose of the trusted property in its own name but for the account of the risk and expense of the principal property. In this case, with respect to immovable property regulations, according to which the relations connected with his exclusion, should be agreed with the owner.
2. Trustee in relations with third parties uses the power of the owner. If the trustee contrary to the interests of the principal is not prudence, how it should be with respect to their own affairs, he is obliged to compensate the damage caused by this action.
(As amended by the Act of September 25, 2010-statements of the Mejlis of Turkmenistan 2010 г., no. 3, p. 63) article 738. Reimbursement of expenses related to trust management of property 1. Trustee receives no remuneration from the settlor for activities associated with the dovereniem property, if not provided otherwise by agreement of the parties.
2. all costs related to trust management of the property are the responsibility of the principal.
3. Fruit things remain the principal property.
Article 739. Fiduciary property agreement form 1. Property of the fiduciary management agreement is in writing.
2. If the subject matter of the contract is real estate, it is subject to state registration in a public registry and is considered concluded from the moment of registration.
(As amended by the Act of September 25, 2010-statements of the Mejlis of Turkmenistan 2010 г., no. 3, p. 63) article 740. Trustee responsibility in relations with third parties is the responsibility of the trustee.
Article 741. Application of the rules of the agency agreement in respect of the principal property apply the relevant rules of the Treaty.
Chapter 15. Forwarding Article 742. Concept 1. Expedition Treaty freight forwarder undertakes on its own behalf and for the account of the customer to carry out actions related to the carriage of cargo. The customer is obliged to pay the agreed remuneration.
2. with regard to treaty rules apply expedition order, if this chapter otherwise requires.
Article 743. The requirement of good faith from the forwarder Forwarder with honesty must send the goods, pick up those involved in transportation, comply with the interests of the customer and carry out his instructions.
Article 744. Duties of the customer
1. the customer shall on demand of the freight forwarder to provide him with information in a timely manner about the cargo, as well as provide guidance necessary for registration of transport documents, provide the necessary information about committing customs and other action and, if necessary, amending customs duties. In addition, the customer must supply the necessary documents confirming the accuracy of specified information.
2. For the carriage of goods containing risk, the customer must notify the forwarder on the exact form of the danger and indicate if necessary it security measures.
3. load, on the dangers of which were not known, the forwarder may at any time and any place be unloaded, destroyed or rendered harmless without imposing the duty of reparation.
4. The customer shall, if required by the type of goods, pack it in accordance with the requirements of transport.
5. If necessary for identification of the goods the identification signs, they should be marked in a way that clearly visible before delivery.
6. the customer shall be liable for the harm that will result to the freight forwarder due to non-fulfillment of the requirements set forth in the preceding paragraphs of this article, except for cases where the freight forwarder in accordance with paragraphs 3 and 4 of this article has not made comments about the lack of packaging or marking or their shortcomings, although it was clear to him, or he had information about this when taking over the goods.
Article 745. Unit inspection of the goods, the customer can subject to special remuneration request forwarder cargo checking piece when it was adopted.
Article 746. The obligation of insurance insurance of goods rests with the forwarding agent only if he gets about how to specify a customer. In the absence of special instructions the freight forwarder is obliged to insure the goods only at normal conditions.
Article 747. The insurance contract the expedition if the customer unless in writing, the freight forwarder is obliged to opt with handpicked them an insurance undertaking by the customer to enter into a contract of insurance against harm that may be caused to the customer the freight forwarder's actions in fulfilling the order. The freight forwarder shall inform the customer, with whom he signed a contract of insurance.
Article 748. The obligation of timely reports of harm on the basis of the insurance contract has been concluded in accordance with article 747 of the present Code, the customer must ensure timely communication about the dangers. If the message about the dangers of the forwarder is sent, it shall immediately forward the message to an insurance company or insurance organizations.
Article 749. Effects of non-receipt of goods if the destination recipient will not accept cargo or otherwise impossible cargo acceptance, rights and obligations of the forwarder is determined by the rules of carriage.
Article 750. Failure to check the status of goods when making If you cannot check the status of the goods in the presence of the parties, until the contrary is proved, shall be deemed acceptance of the goods confirming that the goods passed without losses and damages, unless the recipient will indicate where the goods on the general nature of the damage. If the loss or damage are explicit, it must be reported on the day of taking over of the goods or, in other cases the loss or damage, not later than three days after acceptance.
Article 751. The right to transport cargo on its own 1. Unless otherwise agreed, the freight forwarder shall be entitled to carry goods on their own. The exercise of this right must not run counter to the rights and interests of the customer.
2. If the freight forwarder uses this right, he concurrently acquires rights or duties of the carrier of the goods.
Article 752. The freight forwarder's liability for obligations arising from the Treaty expeditions, the forwarder usually bears the responsibility if he or his associates are guilty of something.
Article 753. Harm caused to a third party if the parties to the Treaty when harm was caused to a third party at the request of the customer the freight forwarder is obliged to send him their requirements to a third person, unless on the basis of a special agreement the freight forwarder undertakes to use the requirements for account and risk of the customer.
Article 754. Reparation for the injury caused by the freight forwarder's actions 1 guilty. The freight forwarder shall not be based on the provisions of this chapter which exclude or limit his liability or shift the burden of proof if the damage has occurred to them intentionally or due to gross negligence.
2. The same rule applies to the outside of the contractual liability if damage assistants they intentionally or by gross negligence.
Article 755. Remuneration Remuneration is payable after the freight forwarder will transfer cargo transport organization.
Chapter 16. Mediation § 1. General provisions Article 756. The concept of
Person obâzavšeesâ pay remuneration broker for identification possibilities of a contract or for mediation at the conclusion of the contract, pays only if the conclusion of the Treaty will take place as a result of identifying opportunities for its imprisonment or as a result of mediation. If the contract is concluded under the suspenseful condition, remuneration for mediation may be required only upon the occurrence of this condition. If remuneration is not installed, usually considered to be paid agreed for similar work remuneration. Agreement as opposed to the first and second proposals to the detriment of the customer, is not valid.
Article 757. Reparation service broker 1. For Service Broker contract, which does not apply to mediation, the rewards can be matched regardless of will or will not be a contract as a result of the activities of the broker.
2. A broker under article 756 of this code can specify advance or get it.
3. Costs shall be reimbursed by the broker only if agreed; This rule applies when the Treaty had not been concluded. Invalid agreement providing for the reimbursement of expenses, which is necessary to perform the contract for mediation.
Article 758. Exclusive order 1. If the customer has for some time to avoid another broker (exclusive), the broker shall within that time to promote the conclusion of the Treaty. If the customer acts contrary to specified, the broker may, if the contract is concluded through the services of another broker, to claim redress. The contract may be made for the total amount of compensation as proving the existence of harm. This amount does not exceed two per cent of the price of the contract, if the contract concerns a brokering sales contract.
2. The agreement without complying with these rules and to the detriment of the customer, is not valid.
3. agreement on exclusive order shall be in writing.
Article 759. Termination of mediation 1. Mediation agreement may be terminated at any time, if not defined contract term.
2. exclusive order may be terminated only if important circumstances. After six months, it may be terminated at any time without any time limits. The right of termination of the contract can be declared inadmissible and for longer periods of time if it is required by the particular species or the subject contract.
Article 760. Inadmissibility of remuneration broker 1. Not allowed compensation of broker or reimbursement if the prisoner with a third party with respect to the subject matter of the contract, owned by broker. The same rule applies when, owing to special circumstances may arise which would prevent harm to the broker in the implementation of the client's interests. These are cases of: (a)) when a broker is a legal person or society in which the legal and economic way participates in third person;
b) when a third party is a legal person or company, in which the legal and economic way the broker participates;
in) when the broker with a third person is in Office or employment relations;
g) when broker is the spouse of another person.
2. The broker shall be entitled to remuneration or reimbursement of expenses if it prior to the conclusion of the contract with the third party will notify the customer of such circumstances.
3. the rules of paragraph 1 of this article shall apply in the case where the other person acts due to a broker or contract has been concluded at the expense of a third party.
4. Broker loses the right to compensation and reimbursement, if it is contrary to the content of the contract for acted in the third person.
5. the agreement is contrary to the rules stipulated by paragraphs 1, 2 and 3 of this article, is not valid.
§ 2. Accommodation mediation Article 761. Residential broker 1. In relation to a treaty which the person agrees to be a mediator for the conclusion of the contract of employment of a dwelling (residential broker), apply the General rules of mediation, unless the contract otherwise requires residential premises.
2. the rules on mediation in the accommodation shall not apply in respect of a subject which are tourism and housing agency for business trips.
Article 762. Inadmissibility of remuneration 1. Claim housing broker of remuneration or reimbursement is invalid if: (a) the employment contract) the same living space extended existing relations of employment or it changed in some way;
b) contract of employment shall be registered to the living space, managed by a broker.
2. the housing, the broker may not demand compensation for acts committed in connection with the conclusion of the contract of employment of a dwelling, in addition to the fees provided for in paragraph 1 of article 757 of this code.
3. The contract to the detriment of the customer, is not valid.
§ 3. Loan brokering Article 763. Loan broker regarding the Treaty, under which a person agrees to be an intermediary in the conclusion of the loan agreement (loan broker), apply the General rules of mediation, if this chapter do not derive specific rules.
Article 764. Form of agreement 1. The contract must be concluded in writing.
2. the remuneration shall be specified on a loan broker indicating a certain percent of the loan. In addition, the contract shall be indicated: loan amount, term, payment, interest and time course of payment, duration of interest and additional costs, the total sum payable by the customer, the surname, forename and patronymic of the collateral and its address. These rules do not apply if the order relates to a loan secured by the pledge of land or to the loan given to land acquisition, as well as a loan, which the customer must use for its independent professional or business or departmental or service activity.
3. The text of the Treaty should not be linked to a petition for issuance of the loan. Loan broker shall pass to the customer a copy of the contract.
Article 765. The obligation of payment of the remuneration, the customer is obliged to pay remuneration only if as a result of the mediation got the loan. Contract to the detriment of the interests of the customer, is not valid.
§ 4. Commercial broker Article 766. Concept 1. Rights and obligations of the trading broker has a person who, for other persons, not being permanently authorized by them on the basis of the contractual relationship, as his career takes the mediation agreements on acquisition or alienation of goods or securities, insurance on goods transport on the hiring of vessels or other objects of trade.
2. the rules on commercial broker shall not apply to the other transactions, except, for example, mediation in transactions with immovable property, even if the mediation is carried out by the commercial broker.
Article 767. Final text of a treaty
1. trading broker must, unless the parties or local regulations do not absolve it from that, immediately after the conclusion of the deal to submit to each side of the final text of a treaty signed by him indicating the Contracting Parties, subject matter and terms of the transaction, in particular in the sale of commodities or securities-their nature and quantity, as well as price and delivery time.
2. in transactions that should not be carried out immediately, the final text of the Treaty is submitted to the parties for signature and each side sent the final text of the Treaty, signed by the other party.
3. If one party refuses to accept or sign the final text of a treaty, the trade broker shall promptly notify the other party.
Article 768. Specified job
1. If one side takes a final text of a treaty in which the trading broker reserves the indication of the other Contracting Party, it is bound by a transaction with a party that will be given retroactively, unless the latter cannot be put forward valid objections.
2. The other party within the time specified in accordance with local ordinances or, in the absence thereof, within the time limit, commensurate with the circumstances.
3. If such indication has not been done or against said person nominated broker transaction performance requirement. The requirement is excluded, if the broker's trading on request the party immediately declares that requires execution of the transaction.
Article 769. Save designs
1. trading broker if the parties or local regulations do not absolve him from this, he saves the supplied sample of each product sold on the sample when its mediation until the goods will not be accepted without objections about its status or transaction is not accomplished in any other way.
2. trading broker indicates a sample through the label.
Article 770. The lack of authority for collection
Trading Broker is not considered to be authorized to accept payment or other form of payment due to the Treaty.
Article 771. Accountable to both parties
Trading Broker is responsible to each of the parties for damage caused by his fault.
Article 772. The right to claim compensation from both sides
If there is no agreement between the parties as to who should pay maklerskoe remuneration, in the absence of other local regulations, each Party shall pay one-half of the remuneration.
Article 773. Journal of Trading Broker is obliged to keep a log and log into it daily all the prisoners deal. Entries are made in chronological order and shall contain the information referred to in article 767 of the present code. Recorded data daily signed trade broker.
Article 774. Extracts from journal
Commercial broker must give the parties at any time upon request extracts from the log, who signed them and contain all the recorded them in respect of a transaction concluded with his mediation.
Chapter 17. Sales representative
Article 775. The concept of
A sales representative is a person who engages in fishing both independently charged with constantly mediate to other entrepreneurs (entrepreneurs) in transactions or to conclude them on his behalf. Stand alone is the one who basically free to organize their activities and determine their own working hours.
Article 776. Acting trade representative
The sales representative must provide a financial report to the entrepreneur for whom he works. He must, within the agreed time frame, and if not agreed upon, within ten days after the end of each quarter, in writing, to provide the entrepreneur with data on all transactions and payments for services.
Article 777. Payment of remuneration
1. Sales Representative has the right to remuneration if the entrepreneur made a transaction.
2. If clearly defined that a third party will not, the right to remuneration is not valid; the amount already received must be returned.
3. Sales Representative has the right to compensation and, if clearly defined that the entrepreneur did not deal fully or partially or commit its not as agreed. The right to remuneration is not valid in case of not making a deal, if it is based on circumstances beyond the control of the owner.
4. Entrepreneur pays sales representative at the end of the month in which the agreement was signed.
5. There shall be no derogation from the rules of this article at the expense of sales representative.
Article 778. The remuneration
1. If the amount of remuneration is inconsistent, it is considered a harmonized common in this field of activity.
2. The remuneration is calculated on the basis of the amount that an entrepreneur or a third person should pay. Discounts for payment in cash is not available; the same applies for additional costs, namely transport, packing, customs, taxes, unless the additional costs are not included in the account of a third party.
3. In case of the conclusion of contracts on the transfer and use of instruments with a duration of specific remuneration calculated on the basis of the magnitude of the sum at the time, where a third party may terminate the contract for the first time: sales representative is entitled to further remuneration calculated, respectively, if the agreement shall continue in effect.
4. In the case of conclusion of the insurance contract, the insured amount of the remuneration is calculated. If this amount is not defined, the remuneration shall be calculated in proportion to the insurance contribution.
Article 779. Special reward
1. If the sales representative undertakes to vouch for the performance of obligations under a transaction, it can claim a special remuneration; This right cannot be excluded for the future. Obligation may be taken only on a specific transaction or on such deals with certain third parties with whom mediate trade representative or that it finds. The commitment requires the written form.
2. The right to special remuneration arises from the conclusion of the transaction.
Article 780. Competition clause
1. Sales representative may not, without the consent of the entrepreneur to act outside the territory or range of clients or the scope within which the trade representative for the entrepreneur undertakes mediation or transactions, either directly or indirectly participate in the activities of a competing businessman (competition clause), except in cases of financial participation in another enterprise. Consent to participate in the activities of a competing entrepreneur shall be deemed granted if, when entering into contractual relations proprietor was aware of the fact of such participation.
2. in case of violation of this obligation, the trade representative, the entrepreneur can claim damages; In addition, the owner may demand from the sales representative handing over prisoners to a competing entrepreneur deals, return the received profit from these transactions or waiver of profit.
3. If the contract provides that the competition clause applies at the end of the contractual relationship, such a reservation is valid only if the employer pays for that compensation, which is calculated according to the rules of article 782 of this code. This agreement is valid for a period of not more than one year.
Article 781. The operation of a treaty
1. Contract with a sales representative is valid for one year, unless otherwise provided by the contract. If none of the parties three months before the expiry of the Treaty declares its dissolution, the contract shall be extended for another year.
2. Immediate termination of the contractual relationship is possible when there are significant for this circumstance.
Article 782. Right to compensation
1. Sales representative may require from the employer upon termination of the contractual relationship, if the equitable compensation and because: (a)) entrepreneur and after the end of the contractual relationship has significant benefits from a business relationship with new customers, which found sales representative;
b) sales representative due to the end of the contractual relationship shall cease to be entitled to the remuneration that he would have had if you continue such with already concluded or feasible in future transactions with them podyskannymi customers.
2. To seek customer equates such a substantial expansion of trade representative business relations with the client, that it is economically corresponds to the placement of a new client.
3. the maximum compensation is remuneration for the year, calculated on the average over the past five years of sales representative. With a shorter duration of contractual relations defining is the average pay for period of activity.
4. the right to compensation is not raised if: a) a sales representative terminates the contractual relationship, if the only reasonable excuse for it not to have given the behavior of the owner or if the salesperson cannot be considered to be able to continue their activities by age or because of illness;
b) contractual relations terminated due to entrepreneur guilt sales representative;
in) on the basis of an agreement between an employer and a trade representative instead of a sales representative in the contractual relationship is entering a third person; Agreement may not be concluded before the end of the contractual relationship.
g) the right to claim for compensation cannot be excluded for the future. This requirement can be presented within one year after the termination of the contractual relationship Chapter 18. Middleman Article 783. Middleman
The Commission agent is the person who, in the order in which fishing takes over the purchase or sale of goods on its own behalf or securities for the account of another person (the consignor).
Article 784. Duties of agent
1. Seller is obliged to execute the assumed deal with the diligence of an honest merchant; He respect the interests of the Committee and follows his instructions.
2. the Commissioner provides the Commissioner the requisite information, in particular shall, immediately on the performance of the Commission; He must submit to the Commissioner a report about the deal and give him what he wanted out of the deal.
3. the Commissioner shall be accountable to the Committee for the execution of transactions if it simultaneously with the communication on the implementation of the deal does not indicate the third person, with whom he made a deal.
Article 785. Guidance Committee
If the Commissioner does not act in accordance with the directions of the Committee, he shall compensate the latter damages; shall not be obliged to recognise the effect of the deal for themselves.
Article 786. Price limits
1. If the Commissioner undertook a sale at a price that is lower than, or exceeded the established him to purchase price, shall, if they want to reject the deal as the perfect is not at its expense, should declare this immediately after the report on the implementation of the transaction; otherwise, the deviation from a certain price shall be regarded as accepted.
2. If the Commissioner simultaneously with a message about the execution of the transaction is called up the difference in price, you shall not have the right to reject the deal. Right committent to damages in excess of the price difference, remains untouched.
Article 787. Advantageous conclusion
1. If the Commissioner finds a deal on more favorable terms than installed it the committent, then it goes in favor of the committent.
2. This applies in particular if the price at which middleman sold exceeds the committent the lowest price, or the price at which he bought, not reaches a certain committent higher prices.
Article 788. Damaged or has deficiencies the Commission goods
If the goods to be sending to the agent, is when sending in damaged or has deficiencies in the condition that is detected during inspection, the Commissioner in relation to the carrier or the Commissioner is obliged to take care about proving the status of the goods and to provide immediate information to the Commissioner; If it does not, it is obliged to pay damages.
Article 789. Liability of agent for goods
1. the Seller is liable for loss and damage of goods being deposited, unless the loss or damage is not based on circumstances which cannot be prevented by decent caring businessman.
2. the Commissioner is responsible for the lack of insurance of the goods only if the committent he was stated to implement insurance.
Article 790. Advance. Credit
1. If the Commissioner without the consent of the third party provided him an advance or loan is issued, the Commissioner acts at its own risk.
2. If local regulations provide for the granting of a delay in payment of the purchase price, unless otherwise specified by the consignor has the right to do so and the middleman.
3. If the Commissioner, without authority, sells on credit, it is obliged to notify the debtor to pay to the Commissioner as the purchase price, if the spot price would be lower, then the Commissioner shall reimburse only a lower price and, if the latter is lower than the established price, also a difference under article 786 of the present code.
Article 791. A Commission agent. Reimbursement
Commissioner may require fees if the transaction is executed. If the transaction is not executed, it nevertheless has the right to acceptance Commission if any local rules; It can also require a fee, if the execution of the enclosed transaction did not materialize for reasons connected with the personality of the committent.
Article 792. Such transactions
1. the rules of the present chapter shall apply even if the middleman in its commercial fishing assumes the conclusion, at the expense of other transactions on behalf of another type than the 783 article of this code. The same applies, if the merchant who is not a Commission agent, in its commercial fishing takes over closing the afore-mentioned manner.
2. The Commission on the purchase and sale in the sense of the provisions of this chapter, the Commission is also considered having his subject supply of moveable irreplaceable things produced from material obtained by the entrepreneur.
Article 793. Applicability of rules
To the work of the Commission in matters not regulated by this chapter, the provisions of the trade representative.
Chapter 19. Public promise rewards. Competition Article 794. The concept of a person who has made a public statement on the appointment of a reward for committing any action, in particular for achieving a certain result, is obliged to pay the reward to the person who committed the action, even if that person has acted without regard to publicly promised rewards.
Article 795. Cancellation 1. Public promise awards can be cancelled only before execution of the announced actions. Cancel public promise is valid if it is announced in the same way that the promise of awards, or if special will follow notice.
2. in a public promise of rewards may be specified on the waiver of its abolition; If there are doubts such a waiver is implicit if defined period of time for performance of the activity.
Article 796. Claim awards by several persons 1. If the activity for which the reward was committed by different persons, the right to the award is the first committed step.
2. If the act committed by several persons at the same time, everyone has the right to an equal part of the awards. If the reward in their properties cannot be divided or if, in accordance with a public promise it should only get one person, then the person who will receive the award, shall be determined by lot.
Article 797. Contest public promise Awards, based on the establishment of a prize for the best performance, is only valid when the announcement of the contest term is defined for work Article 798. Inadmissibility of changing the conditions of competition in the competitive conditions making Unacceptable changes that may hurt the participants.
Article 799. Determining the winner decide which papers deserve preferences, was adopted by a person specified when declaring the contest, and in the absence of the latter, the person nominated award. Such a decision is obligatory for all participants.
Article 800. Victory in the competition of several persons in presenting works the equal dignity of the award shall be issued in accordance with the rules referred to in paragraph 2 of article 796 of the present code.
Article 801. Ownership of the performed work award appointer, may require the transfer of ownership of the work only if the public promise Awards indicated that such transfers must be made the head of 20. Storage Article 802. Concept storage Treaty guardian undertakes to store movable thing passed him poklažedatelem.
Article 803. Storage price 1. Storage is free of charge, unless the agreement provides otherwise. If the custodian provides storage within entrepreneurship, the remuneration is deemed understood and when silence about it.
2. If the remuneration is not defined, then the agreed tariff rate shall be deemed, in the absence of tariffs-standard reward.
Article 804. The duty of the custodian when grant possession if a thing deposited is accepted free of charge, the guardian is obliged to show the diligence with which he usually refers to its own affairs.
Article 805. Transfer of custody to a third party 1. The custodian may not, without the consent of the poklazhodavtsya pass the thing deposited with a third party.
2. If the transfer of custody to a third person with the consent of poklazhodavtsya, the keeper is liable only for blame, which lies in the choice of a third person and the place of storage.
Article 806. The inadmissibility of the use of deposited thing Keeper may not use donated him a thing without the consent of the poklazhodavtsya, except when the use of the thing needed.
Article 807. Reorder store stuff Keeper may, if necessary, change the order of storing things. He must inform the poklažedatelû. The keeper is also obliged to inform him about the demands of third parties on the delivered deposited thing.
Article 808. Reparation for the injury caused by the properties of things Poklazhodavets should pay to the custodian of the harm caused by the storage of donated him things, except when he did not know and could not have known about the hazards of things.
Article 809. Repayment period of deposited thing Poklazhodavets may at any time demand the return of this stuff, and if you set the retention period.
Article 810. Requirement of the custodian about taking things back 1. Keeper of things may at any time require from poklazhodavtsya pick up the thing itself, if the storage period has not been defined.
2. the guardian may exercise this right only so that poklazhodavets could otherwise store thing, except when there is an important reason for the return of the thing deposited.
Article 811. Place return deposited things Return things should happen in a specified contract site, unless agreement was reached on the different place of return. Shipping charges are placed on poklazhodavtsya.
Article 812. The obligation to transfer the fruits of the thing deposited 1. The custodian is obliged to transfer the fruits of poklažedatelû received during storage.
2. the Poklazhodavets shall compensate the custodian the necessary expenses of storing things.
Article 813. Responsibility of the custodian for intent or gross negligence or If to return deposited stuff installed, after this period, the keeper is liable only for intent or gross negligence.
Article 814. The duty to pay remuneration If storage was done on a reimbursable basis, the poklazhodavets is obliged to pay to the custodian upon termination of the contract the agreed remuneration.
Article 815. Right to retain deposited things prior to the receipt of compensation and reparation due incurred costs in connection with the custody of a custodian may refuse to transfer the deposited thing.
Article 816. Features of deposit generic things If generic stuff deposited in such a way that the property should go to the custodian and the custodian is obliged to return the things of the same kind, quality and quantity, apply the relevant rules of the Treaty.
Article 817. Features of deposit in Hotels Hotels, sanatoriums and rest homes are responsible for harm caused by the guest loss, destruction or damage of things which he had with you. This rule does not apply in respect of money and jewels, if they were not surrendered.
Article 818. Exemption from liability when force majeure 1. Liability is excluded if damage is caused by a force majeure, a guest or a person accompanying a guest, or most things.
2. the duty of reparation did not extend to the car and abandoned in her things.
Chapter 21. Deposit on warehouse Article 819. The concept of the Treaty has been deposited in the warehouse is subject to appropriate provisions on the contract of storage, except as otherwise provided by this chapter.
Article 820. The duty of the faithful fulfillment of obligations under a storage Warehouse keeper must perform the obligations of Handyman good faith discretion of storing him handed over the goods.
Article 821. Validate custodian quantity 1. The keeper is not obliged, when accepting goods on storage to verify its quantity, dimensions, weight, appearance, quality and other properties, if the rules of this chapter unless otherwise provided.
2. If the goods are passed to the custodian for storage when you pass is damaged or incomplete, and when an external inspection, the guardian is obliged to immediately notify poklažedatelû; If he does not fulfill this obligation, then he must repair the damage.
Article 822. The right of inspection of the deposited goods Keeper must allow poklažedatelû during office hours to inspect the deposited goods, take samples or carry out the necessary activities.
Article 823. The responsibility message Keeper shall immediately inform poklažedatelû that migrates the deposited goods to another warehouse, or if it detects that item property has changed or is there a danger of this. He must inform him the last known holder of warehouse certificates. If you do not meet this obligation, he shall compensate the sudden injury.
Article 824. Obligation of reparation Keeper is liable for damage caused by the loss or damage referred to it on the storage of the goods, except in cases where it would not have been able to prevent and diligent guardian.
Article 825. Storage features generic things 1. When storing the generic stuff keeper only then has the right to mix them with things of the same type and properties, if it is authorized.
2. On the resulting of such mixing product poklazhodavets has the right to the common property. The share of each poklazhodavtsya is determined by the quantity of goods they surrendered, respectively.
3. the depository is obliged to return the goods to each poklažedatelû respectively due to him share without the consent of the remaining poklažedatelej.
Article 826. Sale of goods deposited if the deposited goods go bad and changed so that he can depreciate and the custodian does not have time for the message or it could not notify the eligible person, he has the power to sell the product. Proceeds from the sale amount, minus the costs of storage and sale are transferred to poklažedatelû.
Article 827. Warehouse certificate when making goods keeper is obliged to issue poklažedatelû warehouse certificate.
Article 828. Props warehouse certificate 1. In the warehouse shall include: (a)) date of issuance of warehouse certificates and registration number;
b) name (name) and address of the parties;
product storage location);
g) description to be storing goods (quantity, dimensions or weight) and its quality; If there are package-description of packaging;
d) remuneration and other necessary expenses;
(e)), the price of insurance, if the deposited goods will be insured;
f) period of validity of the contract;
w) signature, certified by the custodian of the corresponding seal.
2. If the conditions referred to in this article, are not fully reflected in the stock certificate, it does not relieve the parties from liability.
A party may make to the warehouse receipt and other conditions.
Article 829. Warrant Holder of warehouse certificates may, by certificate of mortgage laying the deposited goods as security for other obligations in such a way that the goods will not be delivered from the warehouse (guarantees).
Article 830. Orderskoe warehouse certificate if the custodian throws orderskoe warehouse certificate, it can be transferred to a third party through the endorsement.
Article 831. Responsible for indossirovannoe warehouse certificate 1. If the storage certificate issued by endorsement, the keeper shall be liable to the owner of the certificate for the accuracy of the information, unless explicitly stated in the certificate, that these data are based on information poklazhodavtsya or a third party.
2. If the guardian knew about unreliability of data, it is liable even if he made a mark, referred to in paragraph 1 of this article.
3. Mixed storage keeper shall not be entitled to make a mark, referred to in paragraph 1 of this article.
Article 832. Presumption of correctness endorsement 1. Keeper of the orderskoe issuing storage certificate must refund the deposited goods only rightful owner of warehouse certificates.
2. If collateral warehouse keeper's certificate, must demand his return.
3. the depository shall not be obliged to verify the correctness of the endorsement. The transfer shall be certified by an appropriate inscription in the warehouse certificate.
Article 833. Loss of warehouse certificates 1. In case of loss or destruction of evidence or evidence warehouse on pledge their rightful owner has the right to apply to court and demand the annulment of the lost document and issuing a new certificate instead. The Court examines the application in production.
2. On the basis of a court decision the custodian shall issue repeated warehouse certificate and certificate of pledge.
Article 834. Pledge of goods deposited 1. To pledge the goods delivered to the warehouse for storage, the owner must make on the certificate of pledge a customized and so to make the transfer.
2. the Endorsement must include the identity of poklazhodavtsya and the creditor and the amount of the obligation.
3. The transfer of a certificate of deposit shall be communicated to the custodian, who makes a corresponding mark.
Article 835. Transfer of collateral to a new owner of warehouse certificates 1. With regard to the costs of warehousing the custodian occurs right of pledge the goods until he is in his possession.
2. If the storage certificate is issued by endorsement, Lien exists with respect to the new owner.
Article 836. The inadmissibility of the requirement to take back the goods deposited by the Custodian does not have the right to require poklazhodavtsya to take back the retained goods before the expiration of the time limit, and if such a term is not set, before the expiry of three months after the date of deposit. If the retention period is not defined, or after a certain period the keeper leaves the host product in stock, he may require the poklazhodavtsya pick up the goods only after one month after termination of the contract.
Article 837. The appointment of an additional period of time 1. If upon expiry of the storage warehouse holder avoids identity to bring goods from the warehouse keeper shall appoint him an extra two weeks. If during this time the goods will not be withdrawn, the keeper may sell it.
2. The amount received from the sale, after deducting the costs payable to the custodian of the warehouse holder passed the identity.
Chapter 22. insurance § 1. General provisions Article 838. Concept 1. Under insurance contract, the insurer shall indemnify the insured damage caused by loss occurrence, in accordance with the terms of the contract. When firmly established insurance amount, the insurer shall pay out the sum insured or make other specified action.
2. The policyholder shall pay the insurance premium (the premium).
3. The insurance contract shall be considered concluded from the moment of payment of the insurance premium (premium), unless otherwise provided by the legislation of Turkmenistan and the insurance regulations of the respective type of insurance.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. _ calendar _) Article 839. The obligation of the insurance contract, the insurer shall offer to enter into an insurance contract, is obliged to conclude this Treaty if for rejection in that there is no basis in reality.
Article 840. The compulsory State Insurance Law may provide for compulsory State insurance, in respect of which the provisions of this chapter, if it is not contrary to the legislation on compulsory insurance.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. _ calendar _) article 841. The insurance contract (insurance policy certificate)
1. the insurer shall give the insured a signed document on insurance-the insurance contract (insurance policy certificate).
2. A certificate of insurance must contain: a) the identity of the parties and their location (place of residence);
b) name (name) of the insured item or person;
in view of the risk insurance;)
g) start and duration of insurance;
d) insured amount;
e) premium, place of payment and period of time;
l) signatures of the parties.
3. If the subject matter of the insurance is the life of a person, you need the following additional information: (a)) and profit participation;
b) the amount of the ransom payments, does not represent the contributions and the extent to which these payments are guaranteed.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. _ calendar _) article 842. Treaty reinsurance Risks undertaken by the insurer on the basis of the insurance contract can be fully or partially covered by another insurer (insurers). While the insurer under the insurance contract (the basic agreement), signed the reinsurance contract is considered in this latest contract by the policyholder.
The relationship between the insurer and reinsurer is regulated by treaty reinsurance or in the manner prescribed by the legislation of Turkmenistan. The obligations of the insurer before the insured fully preserved.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. _ calendar _) article 843. The consequences of loss of insurance certificate 1. If the contract stipulates that the insurer shall perform its duties only after the submission of the insurance certificate, but the certificate is lost or destroyed, the insured may require performance only if the certificate is declared void under special rules.
2. In case of loss or destruction of evidence of insurance, the policyholder may request the insurer shall duplicate. Duplicate costs shall be borne by the policyholder.
Article 844. The right insurance agent 1. The powers of the insurance agent for the implementation of the mediation shall be determined by the relevant documents of the insurer.
2. Insurance Agent, acting as an intermediary at the conclusion of the contract of insurance, shall have the right to conclude such a treaty.
3. Insurance Agent, which carries out its activity on behalf and on behalf of the insurer shall be entitled to remuneration.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. _ calendar _) article 845. Start of insurance 1. Insurance starts at 12:00 am on the day of conclusion of the contract and ends in 12:00 am on the last day of the time limit provided for in the Treaty.
2. If the insurance contract is concluded for a period of more than five years, each party may terminate the agreement upon the expiration of three months after the warnings.
3. Agreement that the insurance relationship be extended silence and they will not cease prematurely invalid if the contract is extended for a period of more than one year. The policyholder shall always comply with the three-month period of termination.
Article 846. The impact of the increase in premiums if the insurer increases the insurance premium, the insured may, subject to a monthly period of notice to terminate the contract. A slight increase in the insurance premium does not give rise to such a right.
Article 847. Obligation to provide information 1. At the conclusion of the contract, the policyholder shall notify the insurer of all circumstances known to it, essential for the occurrence of the insured event or hazard. Significant are the circumstances that may influence the insurer's decision to withdraw from the contract or enclose it with the changed content.
2. a significant circumstance was also considered, which clearly and unambiguously in writing by the insurer will request the insured person.
3. If the insurer has not been informed of the material circumstances, he may withdraw from the contract. So, too, if the insurer deliberately evades posts substantial circumstance.
4. Termination of the contract is not valid, if the insurer knew about hidden circumstance or policyholder not guilty of not reporting such a circumstance.
Article 848. Consequences of incorrect information messages 1. The insurer may cancel the contract and if the message is a significant circumstance contains invalid data.
2. Cancellation of the contract is not valid if the inaccuracy was known to the insurer and the policyholder is not responsible for the submission of incorrect data. Within one month following the communication of these data the insurer may avoid the contract.
Article 849. Termination of the insurance contract as a consequence of not providing information if the policyholder were to respond to written questions about the circumstances of risk, the insurer is entitled to terminate the contract due to circumstances of which message issues although not staged, but the policyholder intentionally umalčival about them.
Article 850. The deadline for the termination of the contract due to the provision of information 1. Within one month after the message not specified in the present chapter information, the insurer may terminate the contract. This period starts from the date when the insurer learned of the breach of duty posts.
2. The insured must be informed of the termination of the contract.
Article 851. Termination of the contract after an insured event if the insurer terminates the contract after an insured event, he is not relieved from their duties, if the circumstance, the obligation which had been breached, does not affect the occurrence of the insured event and the duties of the insurer.
Article 852. Duty to report information concerning high risk 1. The policyholder shall immediately notify the insurer about increasing dangers which arose after the conclusion of the contract, if this would have a significant impact on the conclusion of the contract.
2. In this case, the insurer is entitled to terminate the contract in compliance with monthly term or require a corresponding increase in insurance premium. If the policyholder intentionally caused the increased risk, the insurer may terminate the contract without respecting a month.
Article 853. Responsibility messages about an insured event 1. Learning about the occurrence of an insured event, the insured must immediately inform the insurer.
2. the insurer may, upon occurrence of an insured event the insured's request, any information necessary for the establishment of the insured event or the amount of obligation.
3. the insurer shall not be based on the agreement, according to which shall be released from its obligations if the insured fails to fulfil the obligations of the messages, and the interests of the insurer does not significantly violated.
4. The insurer shall perform its obligations after occurrence of the insured event and determine the size of the payments of the insurer.
§ 2. Premium Article 854. Duty to make an insurance payment 1. The insured after insurance premium payment gets the insurance contract.
2. If an interest in insuring lost, the insurer may require that part of the premium corresponding to the duration of the risk assumed. The insurer may require remuneration corresponding to the service rendered.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. _ calendar _) article 855. The first insurance payment To prompt payment first or one-time premium, the insurer is free from their duties.
Article 856. Late payment of the premium 1. If the premium is not made in a timely manner, the insurer may determine in writing two weeks to make. It should be pointed out about the consequences of delay.
2. If, after the expiry of the insurance case occurs, and by the time the policyholder had delayed making a contribution or payment of interest, the insurer shall be released from its obligations.
Article 857. Termination of the contract due to late payment of the insurance premium if the policyholder fails to make the insurance premium, the insurer may for the month before to warn insured the contract avoided and inconclusive at the expiration of this period, terminate the agreement.
Article 858. Termination of premium the policyholder may terminate the introduction of insurance premium, if after conclusion of the contract, it appears that the economic situation has deteriorated, the insurer that there is a real danger of non-observance of the commitments assumed under the Treaty obligations in the event of the occurrence of the insured event.
§ 3. Insurance injury Article 859. Obligation of reparation money the insurer shall reimburse damage money.
Article 860. The limits of compensation, the insurer shall indemnify the damage only to the extent of the sum insured.
Article 861. Insurance comparisons 1. If it turns out that the sum insured is much higher than the price of the insured (insurance), as the policyholder and the insurer may require reduction of the sum insured in order to prevent excessive insurance with immediate appropriate reduction of the insurance premium.
2. If the insured enters a contract to obtain undue overstatement of income through insurance, the contract is considered null and void. The contributions paid by the insurer to the invalidity of the Treaty remain to him, if he is at the time of conclusion of the contract, neither knew about the invalidity.
Article 862. Features property insurance if the insured and the circumstances of the case otherwise requires, the insured amount is deemed to be the value of the property.
Article 863. Loss of profits insurance Insurance applies to the benefits not obtained because of the occurrence of the insured event, if it is stipulated in the insurance contract or the legislation of Turkmenistan.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. _ calendar _) article 864. Insurance together things if the insured sum of things insurance applies to all her stuff.
Article 865. Indemnity, the insurer shall not be obliged to pay to the insured the amount exceeding incurred harm and if remuneration for insurance sum insured at the time of occurrence of the insured event.
Article 866. Abbreviated or incomplete insurance. Double insurance 1. If the sum insured is less than the insurance assessment at the time of occurrence of the insured event (abbreviated or incomplete insurance), the insurer shall indemnify only the portion of the damage, which is equal to the sum insured and compensation assessment for insurance.
2. a person, at the same time benefits the same interest among several insurers, is obliged to immediately notify each insurer.
3. If the interest is insured against the same risk in several insurers and insurance amounts together exceed the insurance estimate or for other reasons, the total amount of refunds, which would be paid every insurer in the absence of insurance contract with another insurer exceeds all damages (double insurance), the insurers as obligors are obliged before the insured person up to the amount for which they have contracted with insured However, the insured is not entitled to combine to get the amount in excess of the amount of actual damages.
Article 867. Invalidity of double insurance If the insured issued duplicate insurance coverage for the purpose of obtaining unlawful income, each agreement concluded to this end shall be void.
Article 868. Fault of the insured upon occurrence of an insured event, the insurer shall be released from the performance of their duties, if the insured has caused the insurance stipulated by the case intentionally or by gross negligence.
Article 869. The obligation of the insurer's instructions execution 1. The policyholder shall upon occurrence of an insured event stipulated to prevent or reduce harm and therefore follow the insurer.
2. the insurer is obliged to reimburse the costs incurred as a result of the execution of his directives.
Article 870. Insurance of the harms caused by force majeure, the insurer is liable for damage caused by force majeure only if provided for in the insurance contract or the legislation of Turkmenistan.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. _ calendar _) article 871. The requirement of reparation by a third person 1. If the policyholder can claim to a third person for damages, it goes to the insurer if it compensates for damage to the policyholder. If the insured refuses its claim against a third party or the right to enforce its claim, the insurer is released from the duty to redress to the extent that it could get as a result of the implementation of the right to reimbursement of costs or in connection with the bringing of the claim.
2. If the right of the policyholder to reparation relates to living together with him, a family member, moving right is excluded, unless a family member caused the damage deliberately.
Article 872. Consequences of the alienation of insured property if the insured property was expropriated, the acquirer shall be transferred the rights of the insured.
Article 873. Obligation of communication on the alienation of insured property must be reported immediately to the insurer on the alienation of insured property. If the acquirer or transferor immediately notified the insurer about it, he is released from the duty of reimbursement if the insured event occurs after a month since the insurer should have received the message.
Article 874. Termination of insurance upon transfer of insured property 1. The insurer is entitled to compliance month period for termination of the contract to terminate the insurance relationship acquirer. The right of termination of the agreement shall cease to have effect, if the insurer does not use these within one month from the date on which he became aware of the alienation of the property.
2. The purchaser shall be entitled to terminate the contract of insurance; It may only terminate the contract immediately, or at the end of the current period of insurance. Right of termination shall cease if the acquirer within one month after purchase will not take advantage of this right and if the purchaser was unaware of the Insurance Act, the right of termination shall remain in force until the expiration of one month from the moment when he learned about the relationship of insurance.
3. If the insurance contract is terminated on the basis of the rules of the present article, the transferor shall pay the premium to the insurer, but not more than that had to pay during the period of insurance, including the moment of termination of the contract; in this case, the purchaser is not liable for payment of the sum insured.
Article 875. Conclusion of the insurance contract in favour of another person, the insured person may conclude an insurance contract with the insurer on its behalf in favour of another person.
Article 876. The rights of another person in the insurance contract 1. In case of insurance in favour of another person rights resulting from this contract, shall belong to the person. Right to request insurance certificate has only policyholder.
2. The insured person may enjoy their rights without the consent of the insured and claim their rights in court only if a certificate of insurance is in his hands.
Article 877. The right of the insured person 1. The insured may in its own name the rights belonging to the insured person under the contract.
2. If a certificate of insurance issued to the insured person may, without the consent of the insured person to receive the sum insured or the insured's right to transfer only if he owns an insurance certificate.
3. the insurer is obliged to pay only for the benefit of the insured if the insured proves that the insured person was in accordance with the contract of insurance.
§ 4. Civil liability insurance Article 878. The concept of insurance of civil liability of the insurer is obliged to release the insured from the obligation that devolves upon him in front of a third person about the responsibility that arose during the insurance period.
Article 879. Demand direct compensation by the insurer within the limits of its obligations shall be obliged to immediately compensate the harm if the injured person brings it requirement.
Article 880. Judicial and extrajudicial costs Insurance includes judicial and extrajudicial costs incurred for protection against third party claims, if the circumstances of the case must be reimbursed such costs.
Article 881. Release from liability of the insurer the insurer shall be released from liability if the insured had deliberately caused the onset of circumstances for which he is liable to the third party.
Article 882. Responsibility for compulsory State insurance 1. If the insurer wholly or partially free from the duty before the insured, when prescribed by law compulsory State insurance of its responsibility towards a third party remains in force.
2. If the insurer meets the requirements of a third party, a third party claim against the insured person moves on to the insurer.
(As amended by the Act of December 22, 2012-Statements of the Mejlis of Turkmenistan, 2012, no. _ calendar _) § 5. Life insurance Article 883. Concept 1. Life insurance can relate personally to the insured or other person.
2. If a life insurance contract is concluded in favour of a third party, the written consent of that person or his legal representative.
Article 884. Inadmissibility waiver of conclusion of the contract if the policyholder violates its obligation information upon conclusion of the contract, the insurer cannot withdraw from the contract, if after the conclusion of the contract of five years. Repudiation is allowed if the obligation is not performed deliberately information messages.
Article 885. Termination of the contract when the frequency of payment of premiums if premiums are paid periodically, the insurer may terminate the insurance relationship at any time, but at the end of the current insurance period.
Article 886. The transfer of the right to reparation to a third party 1. When cumulative insurance the insurer may transfer the right to receive a third party, as well as replace the third person by another person, unless a contract provides otherwise. The right insurer replace the third person entitled to receive, if there is doubt recognizes and in cases where the name of the third person entered into the agreement.
2. a third person entitled to obtain, can realize it only when the insured event, if the policyholder did not give another hint.
Article 887. Improper third party 1. If cumulative insurance third party law does not comply with the obligation of the insurer, this right remains to the insured.
2. cumulative insurance if the third party does not use their right to benefits, this right remains to the insured.
Article 888. Releasing the insurer from the obligation to redress 1. If the contract is concluded on the death of another person, rather than the insured, the insurer shall be released from its duties in the event of the unlawful actions of the insured has caused the death of such person.
2. If the insurance in case of death the third person is entitled to receive, this right is not recognized if the person intentionally unlawful actions caused the death of a person whose life was insured.
Article 889. Exemption from reimbursement when suicide 1. Unless otherwise provided by the contract, in life insurance, the insurer shall be released from their duties, if the person whose life was insured, commits suicide.
2. The heirs of the insured may require the return of premiums made.
Article 890. Change of the insurance contract 1. The policyholder may at any time before the end of the current period of insurance the insurance contract require replacement contract with the termination of the insurance in the future.
2. If the insured requires replacement, the envisaged Treaty since then the sum insured or the amount of benefits shall be replaced by the amount that is determined by taking into account the age of the insured person, if received in the form of the premium amount would be treated as a single payment.
Article 891. Deductions upon termination of the contract if a life insurance contract is terminated due to the refusal, cancellation or appeal, the insurer is obliged to return the contributions to the extent that got them on such a treaty. The insurer may make reasonable deductions.
Article 892. The effects of enforcement 1. If the enforcement decision is made on the insurance requirement or procedure shall be carried out in connection with the bankruptcy of the insurer, a person specified as the recipient is entitled to replace the insured in the insurance contract. If a person having the right to receive benefits, has been involved in the contract, it must meet all the requirements of the creditor or provide a lot of bankruptcy within the amount he can ask the insurer upon termination of the contract.
2. If a person having the right to receive benefits, is not interested in obtaining it or not called by name, the right to acquire the spouse or children of the insured person.
§ 6. Accident insurance Article 893. Concept 1. The accident insurance contract may be concluded both with regard to the insured, or in respect of another person.
2. If the insurance contract is concluded not insured, but in its favor, this contract is subject to the rules of life insurance.
Article 894. The effects of personal injury If the insurer's obligation depends not from intentional harm (harm) health, lack of premeditation is expected until the opposite is proved.
Article 895. The consequences of deliberately calling the accident 1. The insurer shall be released from its duties in case another person's insurance person in favor of whom the insurance contract has been concluded, knowingly unlawful actions will cause the onset of an accident.
2. If the right to receive benefits has another person, it is deprived of this right, if you cause an accident deliberate unlawful actions.
Article 896. Duty to reports of an accident if the duties must be performed in favour of receiving the benefit of a person, that person is obliged to make a statement about the accident. This rule also applies to obligations according to information and transmission of documents.
Article 897. Inadmissibility of recourse the policyholder has no right of recourse against the person responsible for the damage.
Chapter 23. Banking § 1. 898 Article calculations. Concept 1. Under the Treaty on bank account credit institution shall produce his client bank account payments within the available amounts in the account and transfer the amount received on the account.
2. on the basis of the instructions of the owner we can produce the same operations with cash.
3. By agreement of the parties on the current account owner may be charged with the responsibility of paying maintenance costs.
Article 899. The duty of issuing statements of accounts 1. The credit institution shall maintain accounting books for cash and cashless settlements.
2. A credit institution shall within the prescribed terms provide information on the status of the account holder account (account statement), and the account holder is authorized at any time to demand information on the status of the account.
Article 900. Cancellation of the account with cash Credit institution is required to produce a withdrawal of funds from an account with the permission or on the basis of the instructions of the account holder. Otherwise, it must once again make an asset of the account owner harm and incorrectly listed the amount.
Article 901. The impact of the lifting of the order of the account holder 1. The account holder has the right to cancel the order, the credit institution, until the enumeration actually still outstanding. In other cases, the credit institution shall immediately notify the persons concerned about the denial of the execution.
2. If timely cancellation of credit institution shall enrol again amount to the account owner.
Article 902. The duty of secrecy 1. The credit institution must keep secret and other account-related facts which have become known in dealings with the owner of the account, except as provided by law, or in the case of normal banking information which harms the interests of the owner of the account.
2. that obligation, the credit institution shall remain in force after the termination of the contract.
Article 903. Termination of the contract 1. Bank account agreement may be terminated by both parties at any time.
2. A credit institution may only terminate the contract so that the account holder might otherwise receive settlement services, unless there are important reasons for the termination.
Article 904. Payment on the basis of the cheque When the relevant agreement credit institution is obliged within asset reimburse signed by the account holder's cheques in accordance with the current legislation of Turkmenistan. To do this, apply the provisions of the Treaty on the non-cash settlements.
Article 905. Encashment of cheque and credit institution without an additional agreement is obliged to calculate the Treaty before the account holder to produce a collection of charges against the owner of the cheque through the timely presentation of the credit institution, while insolvencies to take the necessary measures to ensure.
§ 2. Bank loan Article 906. The notion Of agreement of Bank loan lender transfers or must refer the borrower to onerous credit in the form of a loan.
Article 907. Interest rates on bank loan 1. By agreement of the parties on the loan may be determined by fixed or variable interest rates.
2. If the agreement provides for variable interest rates and determining their creditor could, he must determine them based on justice. He should at least increase or decrease in market rates adapted to them their rates.
3. Amendment of the interest rate shall correspond to the discount rate of the Central Bank of Turkmenistan.
4. At the conclusion of the credit agreement must be defined limits rising and falling interest rates and minimum interval between changes.
5. the creditor is obliged, in a suitable format to inform the borrower about the interest rates on the loan.
6. If the annual interest rate is specified, only apply the statutory interest. When calculating annual percentage was not provided for reimbursement of these expenses are not reimbursed.
Article 908. Interest rates established by law 1. If the borrower delays payment, entrusted to him under the contract of bank credit, the amount should be assessed on the amount exceeding three percent recorded in the corresponding period of the discount rate of the Central Bank of Turkmenistan.
2. If the lender stopped contract Bank loan because of a delay in the return of the loan, the right to claim statutory interest rate. This rule does not apply to the right of the lender or borrower to prove in individual cases, the presence of more or less harm.
Article 909. Apply additional security 1. If loan agreed proprietary or personal collateral, the lender may loan repayment in incomplete require additional security.
2. the creditor is obliged on demand of the borrower to return ensuring that exceeds the agreed limits.
Article 910. Termination of the contract 1. If the loan is agreed upon fixed interest rate for a certain period, the borrower may terminate the credit agreement, if the interest obligation ends before the deadline for return and there is no new agreement on the interest rate. Period ending-one month.
2. If the borrower is a consumer and the loan isn't secured by mortgage, right to termination occurs six months after receipt of the loan, and the ending is three months.
3. Right of termination exists in any case after ten years. The term cessation is six months.
4. the debtor may at any time terminate the loan with a variable tariff rate in compliance with the three-month period.
Article 911. Reparation in case of early return of the loan if the borrower returns the loan before the end of the credit relationship, the lender may require appropriate reparation. In doing so, the compensation must be credited to the cost of sberežennyh costs as well as benefits that the lender could get as a result of an application of loan currency or if a borrower deliberately prevented its retrieval.
Article 912. Termination of credit relations when you return the loan in instalments the lender may halt credit relationships, if provided for loan repayment by instalments, and the borrower has delayed for at least two consecutive terms. Termination shall take effect if and after two weeks extra payments will not be made.
§ 3. Contribution Article 913. Concept 1. By making monetary amount (contribution) credit institution acquires ownership and obliged by the due date in the same currency return amount.
2. If the term is not defined, an amount may be claimed at any time.
3. The contributions must accrue.
Article 914. Responsibility of managers of credit institutions 1. Recipient of savings and the head of the institution must provide the depositor with information on liquidity and bonitete Bank.
2. a person is guilty of providing incorrect information or fails to provide the necessary information, the investor is obliged to compensate the damage caused by incorrect information.
3. Joint and several liability shall be borne by the Bank's managers, who publicly in promotional brochures or otherwise disseminating incorrect information about liquidity and bonitete Bank.
Article 915. Passbook If the credit institution issues a savings book, then he is entitled to fill her as nominal and bearer shares. If the holder is incompetent, the credit institution is exempt from liability only if it when filling out the Carnet has not acted deliberately or by gross negligence.
§ 4. Documentary (product). Documentary collection Article 916. Concept 1. By opening a letter of credit institution (opened the Bank) shall at the request and the order of the client (who gave the order letter of credit) instead of the specified document to pay a third party (the payee) under his direction or amount or pay the Bill, payee, or acceptance, or appoint another bank of this operation, if the conditions of the loan.
2. The client is obliged to pay the agreed remuneration.
Article 917. Send order request authorized Collection on collection operation credit institution (Bank) assumes an obligation on behalf of a client (the settlor) to issue securities in return for acceptance or, if necessary, replace payment payer.
Article 918. Customs of international law unless otherwise agreed, rights and obligations of the parties are determined by the established customs of the documentary credit or documentary collection in international traffic.
§ 5. Bank guarantee Article 919. Concept by virtue of the bank guarantee Bank, another credit institution or an insurance organization (guarantor) at the request of another person (the principal) is a written undertaking that, in accordance with the terms of the commitments made by the creditor of the principal (the beneficiary) a sum of money based on the written request of the beneficiary.
Article 920. Compensation for bank guarantee of 1. Bank guarantee ensures the proper execution of their responsibilities with respect to the principal beneficiary.
2. For the issuance of a bank guarantee, the principal shall pay the agreed remuneration to the guarantor.
Article 921. Independence of the obligation of the guarantor against the principal obligation of the obligation of the guarantor in respect of the beneficiary, provided a bank guarantee, in the relationship between them did not depend on the primary obligation, which it issued, even if the guarantee contains reference to this commitment.
Article 922. Inadmissibility of revoking bank guarantee bank guarantee may not be withdrawn except as otherwise provided herein.
Article 923. The unacceptability of transferring to another person a requirement based on beneficiary-owned bank guarantee the right of claim of the beneficiary in respect of the guarantor may not be transferred to a third party, if not provided otherwise.
Article 924. The entry into force of the bank guarantee bank guarantee shall enter into force on the date of its issuance, if not provided otherwise.
Article 925. Form of claim 1. The claim by the beneficiary on payment of a sum of money under the bank guarantee must be presented to the guarantor in writing with the application documents referred to in the guarantee. In demand or in an annex thereto the beneficiary must indicate what is expressed by the violation of the basic obligation, which has been given a guarantee.
2. the request of the beneficiary, the guarantor must be made before the expiry of the guarantee, on which it was issued.
Article 926. The obligation of the guarantor on receipt of the claim of the beneficiary 1. After receipt of the request of the beneficiary, the guarantor must immediately notify the principal and to send him a copy of the requirements together with all the related documents.
2. the guarantor shall within a reasonable time to consider the demand of the beneficiary with the documents and to show reasonable diligence in order to establish whether or not a requirement with enclosed warranty documents.
Article 927. Failure of the guarantor to meet requirements of the beneficiary 1. The guarantor shall refuse a beneficiary in satisfaction of his claim, if this requirement or the documents attached to it do not comply with the terms of the guarantee or they are presented to the guarantor after the end of a particular guarantee period. The guarantor must immediately inform the beneficiary to reject its demands.
2. If a claim of the beneficiary, the guarantor, it became known that the secured bank guarantee the principal obligation in the relevant part of the already performed completely stopped on other grounds or is invalid, it must immediately notify the beneficiary and the principal. The repeated demand of a beneficiary received after such notification the guarantor, shall be executed by the guarantor.
Article 928. The limits of the obligations of the guarantor 1. The guarantor's liability in respect of a beneficiary, provided a bank guarantee shall be limited to the payment of the amount for which the guaranty was issued.
2. If a guarantee, except as otherwise provided herein, the liability of the guarantor in respect of the beneficiary for nonperformance or improper performance of warranty obligations deriving from is not limited to the amount for which the guaranty was issued.
Article 929. Grounds for termination of the obligation of the guarantor 1. The obligation of the guarantor in respect of the beneficiary is terminated: (a) payment of the sum to the beneficiary), which has been given a guarantee;
b) expiry of a certain guarantee period for which it was issued;
the refusal) the beneficiary of its rights arising from the warranty and return them to the guarantor;
g) written confirmation of the guarantor on the refusal by the beneficiary of its rights.
2. Cessation of the obligations of the guarantor on the grounds stipulated in points "a", "b" and "b" of paragraph 1 of this article does not depend on whether or not he refunded guarantee.
3. the guarantor, who is aware of the cessation of the guarantee must immediately report this to the principal.
Article 930. Right of recourse 1. The right of a guarantor to demand from the principal in the manner of recourse payments amount issued to the beneficiary by the bank guarantee shall be determined by agreement of the guarantor with the principal, pursuant to which the guaranty was issued.
2. the guarantor shall not have the right to require the return of the principal amount refunded to the beneficiary, contrary to the terms of the warranty or due to breach of the obligation of the guarantor in respect of the beneficiary, the guarantor with the principal unless the agreement provides otherwise.
Chapter 24. Surety Article 931. Concept 1. Under the contract of suretyship, the surety agrees to the creditor third party responsible for the performance of the latter's obligations.
2. a surety may be given also in respect of future or contingent liability.
Article 932. Writing 1. For the validity of a surety must be a written statement of the surety, and specifying the maximum guarantee amount quantified the liability of the surety.
2. If someone within the performance of their professional activities, sponsorship of the observance of the written form requirement.
Article 933. The extent of the obligation of the surety
1. To ascertain the extent of the obligations of the guarantor is determinative of the main content of the commitments. The same applies if the primary obligation is changed due to fault or delay the main debtor. A transaction made by the principal debtor after the establishment of guarantee does not affect the obligations of the guarantor.
2. the guarantor shall bear the costs of termination and judicial proceedings, which must be repaid to the lender the principal debtor.
Article 934. The refusal of the surety, the surety may refuse performance until the creditor, the creditor will not fruitless attempts to enforce against the principal debtor.
Article 935. Joint and several liability of the guarantor If the guarantor undertakes jointly and severally liable, or in any other equivalent form, it can be required and without attempting to enforce, if the main debtor is in delay with payment or was unsuccessfully warned of its insolvency is obvious.
Article 936. Multiple guarantors if multiple persons provide surety for the same undertaking, they meet as obligors, even if they have not made a surety jointly.
Article 937. Responsibility for the commitments made by the previous creditors Guarantor, obâzavšijsâ before the lender to fulfill the commitments made by the previous creditors is also responsible along with them as an ordinary bondsman alongside the main debtor.
Article 938. Limits of liability of the guarantor 1. In all cases, the surety shall be liable only up to the maximum amount specified in the document of sponsorship.
2. In the absence of an agreement, the surety shall be liable within the above maximum amount: a) the amount corresponding to the main undertaking, inter alia, when the principal has changed due to the fault of the main debtor or because of overdue payments. For a contractual penalty, or total amount of harm, which is the end of the contract, he shall be liable only if it is specifically agreed;
b) cessation of the contract costs and court costs reimbursable to the principal debtors, if bail had the opportunity to avoid them through performance of the obligation;
in the) interest payable under the contract by the debtor mainly, if this has been expressly agreed.
Article 939. The objections of the guarantor 1. The guarantor may present objections the lender owned by the main debtor. In the event of the death of the Chief guarantor of the debtor may not rely on the limited liability of the heir under the undertaking.
2. the guarantor shall not lose the right of objection, if the principal debtor refuses them.
Article 940. Objection of osporimost′ and the possibility of set-off 1. The guarantor may deny the creditor in discharge of the debtor until the master has the right to challenge the deal behind its obligations.
2. The same right is recognized by the surety, unless the creditor has the opportunity to get satisfaction by offsetting against the claim subject to withholding requirements the main debtor.
Article 941. Reducing the liability of the surety if the creditor at the expense of the creditor reduces liens or other security or benefits, then the liability of the surety is reduced by an amount corresponding to the above.
Article 942. Consequences of overdue payments the principal debtor 1. If the principal debtor is in delay with the payment, the lender must inform the guarantor. The lender on the demand of the surety at any time should provide him with information about the status of the principal.
2. If the creditor fails to perform one of these actions, then he loses the right to their claim against a surety bond in the amount, which could lead to harm to the failure.
Article 943. Termination of the contract when the indefinite sponsorship 1. If the surety is indefinite, the guarantor is obliged to comply with the three-month deadline for the termination of the contract.
2. In case of urgent bail after five years, the contract may be terminated in compliance with the three-month period.
3. When the unilateral cessation of the contract, the surety must execute commitments made prior to the termination.
Article 944. Surety bond requirements for release 1. If the guarantor gave surety on behalf of main debtor or he as a consequence of the villas guarantee has the right Attorney vis-à-vis the main debtor in accordance with the regulations on the conduct of Foreign Affairs, without orders, he may require the main debtor exemptions from a surety if: (a)) property the main debtor has deteriorated significantly;
b) the trial of the main debtor significantly complicated due to change of residence, places of business or place of residence of the principal debtor, occurred after the granting of bail;
in) the lender has made a court decision on the compulsory execution against the guarantor.
2. If the term of fulfillment of obligations in Chief has not yet been reached, the main debtor could instead release provide surety adequate provision.
Article 945. Transition requirements for surety
Because the surety satisfied the creditor, the creditor's claim against the principal debtor goes to him. Transition requirements could not be implemented to the detriment of the creditor. The main debtor's objections, based on the legal relation between him and the guarantor, unaffected.
Chapter 25. Kontokorrent (current account) article 946. The notion. Table of contents 1. Kontokorrenta Treaty between themselves in business relations, the parties undertake to make arising from the business relationship requirements and payment obligations for one account and not execute them separately until the periodic payments.
2. the calculations Identified account balance shall be payable within the agreed term. If the calculations are based on the accounts of the party that owns the balance, does not require the payment of, this balance is paid to kontokorrent.
3. The calculations give rise to balance requirement that in order to execute replaces the requirement placed on kontokorrente.
4. payments shall be made once a year, unless otherwise agreed.
Article 947. Cancel kontokorrenta if in doubt kontokorrent can be canceled at any time with the implementation of the settlement.
Article 948. Interest on payments provided for payments must be paid interest rate interest rates provided for by the law, unless the contract provides otherwise.
Article 949. Personal or proprietary ensuring a requirements 1 kontokorrent. If made in a personal or requirements kontokorrent proprietary collateral, the lender and after calculations can seek redress through the security amount balance existing in his favor.
2. The rule of paragraph 1 of this article shall apply in the case where there is on-demand shared responsibility.
Chapter 26. Debt obligations § 1. Debt payable to bearer Article 950. Concept 1. If the person issued the document, which contained liability to the execution of the document holder (bearer debt instrument), the holder may require from it faces execution, except in cases where the holder is not entitled to dispose of the document.
2. The validity of a signature on a document may be made conditional on compliance with the special form by making the appropriate entry in the document. The signature may be performed by any technically feasible way.
Article 951. Objections of the issuer, the person issuing the document, may bring a debenture holder only those objections which relate to the validity of its issuance, or derived from the text of the document, either based on the direct relationship between the person, the authority which issued the document and the holder of the document.
Article 952. The rules of transfer of rights 1. The provided document the right moves under the established rules for the transfer of movables. The right can be transferred is also under a contract concluded with a third party.
2. the Lawful holder of a document is deemed to be a person who has acquired a lost document in any way, except by purchasing this document acted on wickedness or gross negligence.
Article 953. Claim to the bearer 1. Person who issued the document may challenge the validity of the debt obligation with any holder, arguing that it had not issued the debt obligation. In addition, it could bring to the holder any counterclaim, which is derived from the document.
2. If the person issuing a document for signing this document uses technical means, it may not be invoked against the owner that had no right to use this tool, except when the acquirer knew about the fraud or has acted carelessly.
3. If the document referred to the original holder of another person, the person who issued the document may not bring a subsequent holder of the counterclaim, arising from its direct relationship to the original holder, unless a subsequent document holder acted to the detriment of the debtor with malice aforethought or gross negligence.
4. If the counterclaim does not arise from direct relations, it may be presented only to the holder, which acquired the property of the document by exclusion and when purchasing acted with malice aforethought or gross negligence allowed.
Article 954. Obligations of issuer 1. The person issuing the document is obliged to discharge its obligation only when it transmits valuable paper.
2. a debtor, obligations to the holder, shall be released from its obligations if it did not act intentionally or recklessly and has the opportunity to prove bad faith of the holder.
Article 955. Conversion to registered document conversion of bearer debenture in the document addressed to a specific authorized individual may only be exercised by the person issuing the document. However, the latter is not obliged to such conversion.
Article 956. Reissue
If the debt obligation becomes damaged bearer unfit for further treatment, if possible with certainty the main content and characteristic of the debt obligation, its holder may demand from the issuer, providing him with a new debt obligation subject to return the damaged document. The holder bears all costs and must pay for them in advance.
Article 957. Recognition of the document void 1. Lost or destroyed their bonds to bearer shares may be declared void by a court, if the document was not provided otherwise.
2. the person issuing a document, shall on demand of the last holder to provide him with all the information needed to proceedings and to prohibit making payments, and issue the necessary certificates. The last holder of the upfront expenses of issuing certificates.
Article 958. The effects of the recognition of the document null and void If the debt obligation to the bearer was recognized as null and void, the person in whose favour the decision on the termination of that document, regardless of the right to claims from the document may require the issuer, issuing new bearer debt obligation to replace text deemed unenforceable. The person bears all costs and must pay for them in advance.
Article 959. The period of limitation 1. Claim arising from debt obligations payable to bearer, shall expire at the end of thirty years after maturity.
2. In the document itself, the person issuing it, can set a duration and start point of the period.
3. start the Statute of limitations and its over suspended making holder statements banning payments to be made in favour of the common document.
Article 960. Debentures to bearer without specifying a lender unless the person issues a debt instrument that is not named after the lender, under circumstances which indicate that it had the intention to commit itself to the holder, respectively the rules of paragraph 1 of article 950, 952-954 and 959 the present code.
§ 2. Order debt Article 961. Concept 1. Debt document that the person issuing it, promises payment named person upon presentation of a document can be issued in the form of ordernogo debt obligations.
2. The signature may be performed by any technically feasible means.
Article 962. Endorsement 1. The right may be transferred by endorsement and issuance of the document.
2. An endorsement is made on the document or attached to it.
3. Endorsement does not require the indication of the name indossatora and may only consist of signatures (blanketnyj endorsement). Plenipotentiary of the owner can fill the blanketnyj endorsement of his or someone else's behalf, to issue a blank document or make its subsequent endorsement at a person.
Article 963. Transfer of rights If orderskij debt instrument is purchased on the basis of the endorsement, respectively article 953 of the present code.
Article 964. Requirement of execution ordernogo debt obligation Holder, attested by successive endorsements, may require performance instead of depositing the signed document according to promise, except in cases where he does not have the authority to do so.
Article 965. Implications of the payment nepolnomočnomu person Payment any unauthorized person dokazavšemu its right through successive endorsements, releases the debtor, if he had not acted intentionally or by gross negligence.
Article 966. Document replacement and loss of strength if the debt obligation ordernom guaranteed with considerable value requirements accordingly rules of issuance of the document, the substitute debt instrument payable to bearer, and the recognition of the document void.
Article 967. The Statute of limitations requirement on prescription claims arising from the order, apply the rules applicable to debentures to bearer.
§ 3. Personal debt obligations of Article 968. Concept 1. Documents drawn up addressed to a certain person may be extradited under the condition that the debtor will assume the payment of only instead of putting the document.
2. Unless otherwise specified, the specified right in the document passed by the rules established for this right.
3. If a document is lost or destroyed, it is declared null and void in the incidental proceedings, unless otherwise provided. This rule does not apply in the event of loss of documents containing the right low cost.
Article 969. Conditions for the validity of a transaction and payment if a document issued to a particular name, contains an indication that the promised payment can be made to any bearer, any deal between the debtor and the holder of the document, in the same way as the payment is valid, if the debtor has not acted deliberately or through gross negligence.
Chapter 27. Joint activities (partnership) Article 970. The concept of a Treaty on joint activities (partnership), the participants undertake to mutually contribute to the overall goal of means, as determined in the contract.
Article 971. Agreement about joint work
1. Joint-venture agreement can be concluded in writing or orally.
2. A contract concluded in writing, shall contain: (a)) the name of the participants and their addresses;
b) data about the form of joint activities and objectives;
in) rights and responsibilities of the parties;
g) structure and function of Government;
d) terms and conditions for the distribution of income and losses among participants;
e) procedure for withdrawal from the Treaty;
f) duration of activity;
w) order the termination of the contract and the distribution of the remaining property.
Article 972. Contributions of participants 1. The joint activities must pay deposits stipulated in the contract. If the deposit amount is not specified, the Parties shall make it in equal shares.
2. Contributions can be paid in money and property, as well as the provision of services.
Article 973. The common property of the parties 1. The contributions of the participants in joint activities and purchased for companionship when items constitute the common property of the participants.
2. The property of the partnership is also something that has been acquired under the law included in the property of the partnership, or as a compensation for the destruction, damage or seizure subject included in the assets of the partnership.
Article 974. Inadmissibility third party transfer of 1. Share in the form of property or rights may not be transferred to a party to a third party without the consent of the other parties. Refusal of consent is permitted only for good cause.
2. the other parties to the Treaty have the preferential right to purchase the shares transferred to a third party.
Article 975. Business management 1. Doing business in partnership and representation in relation with third parties is carried out jointly by all the participants; to implement each transaction requires the consent of all the participants in the partnership. If the partnership under the Treaty shall be taken by a majority, the majority is determined based on the total number of participants in the partnership, and not the size of the contribution.
2. If the conduct of the Affairs of a partnership Treaty granted all or several participants so that everyone has the right to act alone, each party may make an objection to the deal to others. In the case of objections the transaction cannot be concluded.
3. If the conduct of the Affairs of a partnership Treaty granted to one or more of its participants, other participants in the partnership suspended from doing business.
4. the participant of the company, unless there is a serious reason may be deprived of authority granted to him under the contract of partnership authority for the conduct of the Affairs of the majority decision of the remaining participants; major cause could be assigned, inter alia, gross breach of duty or failure to the proper conduct of the affairs.
5. rights and obligations of the participant of company that manages its affairs shall be determined in accordance with the rules on the contract if the contract of assignment, the partnership should not be otherwise.
Article 976. Participation in the profit and loss account If the proportion of participants in the profit and loss account are not installed, each participant has a part in the profit and loss account according to his contribution.
Article 977. Neperedavaemost′ member of the participants in the partnership Requirements in relation to one another arising from their relationship under the contract shall not be transferred to third parties.
Article 978. Renunciation of the contract about joint activity 1. If the term is not defined in the Treaty of joint activity, each participant may at any time renounce its participation in joint activities. If the term is defined, then withdraw from the partnership before the expiration of the time allowed only when there are serious reasons; in particular such a cause is considered, if one participant intentionally or recklessly disturb the main responsibilities assigned to it under the Treaty or the performance of obligations impossible.
2. If one of the participants in the partnership resigns, his share of the partnership's property passes to the other participants. The latter are obliged to return the American party objects, which he conveyed in the use of the partnership and to pay him what he would have received in Division of common property in case the joint activities would be terminated at the time of its release. If the output of one of the participants of the value of the total assets of the partnership are not sufficient to cover common debts and to return the deposits, the outgoing party is obliged to provide the required amount in accordance with its share of losses 3. The agreement, which limits or cancels the right of avoidance in the change of the above rules is void.
Article 979. Grounds for termination of joint activities 1. Grounds for termination of joint activities is: (a) the expiration of a certain period of contract) joint activities;
b) of the decision of the parties;
at the commencement of the bankruptcy) on common property of company;
g) achievement of the objectives established by the Treaty of joint activities or if it has become impossible to achieve this objective.
2. The contract about joint activity may be provided and other grounds for its termination, such as: a) the death of one of the parties to the Treaty;
b) bankruptcy of one of the parties to the Treaty.
Article 980. Order the termination of joint activities
1. After the termination of the joint activities between participants is performed by a sect of the property of the partnership. Upon termination of the joint activities must be completed unfulfilled deals.
2. of the total property of the partnership primarily general debts must be paid. If joint property is insufficient for paying common debts and return of deposits, his participants are required to pay the missing amount in proportion to their share in the income statement. If one of the parties is not in a position to make him fall on the amount, it must be added to the other participants in the same ratio.
Chapter 28. Life table of contents Article 981. The concept of a person who has taken the commitment to provide lifetime maintenance (supplier) must provide to its recipient (dependent) throughout his life. Content can be set for life, in cash or in kind (accommodation, food, care and other assistance as required).
Article 982. Permanent alimony Contract Agreement form must be concluded in writing. If a treaty annuity real estate is transferred, it is subject to notarization.
Article 983. The size of the content size of the annuity is determined by agreement of the parties.
Article 984. The frequency of maintenance Periodicity providing content is determined by agreement of the parties in the light of its nature and purpose.
Article 985. Inadmissibility of alienation to the property transferred 1. When life without his consent dependent breadwinner alienate, pledge or otherwise encumber the transferred property. It is unacceptable to foreclosure on the property in connection with debts of the breadwinner.
2. If dependent passes breadwinner real estate, ensuring requirements he has a lien on the property.
Article 986. Challenging the Treaty of life annuity Contract content may be challenged by others who have a legitimate right to receive maintenance from the survivor, but could not get it as a result of the breadwinner of the contested agreement. In case of termination of the contract the property is returned to the person.
Article 987. The risk of accidental loss of or damage to the property transferred, the random loss or damage passed to the breadwinner property does not relieve it of the obligation to provide maintenance.
Article 988. Abandoning the Treaty annuity 1. As the breadwinner and dependent can withdraw from the contract if the annuity as a result of the breach of contractual obligations, the relationship of the parties became unbearable, or some other serious reasons, very difficult or impossible its continuation.
2. Transferred immovable property returns dependant upon termination of the contract and the cost incurred by the breadwinner until the termination of the contract, shall not be reimbursed unless a contract provides otherwise.
Article 989. Consequences of death in survivors ' obligation to provide lifelong maintenance goes to the heirs received the transferred property. The refusal of the heir of this obligation shall entail the termination of the contract, and the property is returned to the person.
Chapter 29. Games. Betting Article 990. The lack of commitment from the game or bet the obligation does not arise. Reclaimed executed based on games or wagers are not compensable since there was no obligation.
Article 991. Lottery and raffle lottery Treaty or agreement on carrying out of the draw are obligatory to execution, if the lottery or raffle allowed by the State.
Article 992. The deal for the difference if the Treaty, which is to supply the goods or securities transfer is so that the difference between the price fixed by the contract and Exchange or market price at the time of delivery was paid by the losing party to the prevailing party, the contract is considered as game. The same applies in case the intention of paying the difference existed only from one side, but the other party knew or should have known of such an intent.
Section 3. Liability relations by law, Chapter 1. Common law Article 993. The notion of where the right belongs to several persons jointly with fractional, apply the rules of this chapter, unless the law otherwise requires.
Article 994. Equal shares unless specifically provided otherwise, each owner owns an equal share.
Article 995. The right to the fruits of 1. Each equity owner belongs to proportionate its share part of the fruit.
2. Each share owner is entitled to use the joint subject so as not to impair the enjoyment of others.
Article 996. Managing the shared subject 1. The General subject of assessed owners manage jointly.
2. Each share owner shall have the right to carry out activities necessary to store the object, without the consent of other equity owners.
Article 997. Decision making in the management of common subject 1. Majority decision can be made about the management and use of a common subject in accordance with its features. The majority of votes shall be calculated in accordance with the shares.
2. Each share owner may, in accordance with the reasons of justice require the management and use of the respective interests of all equity owners, if it is not settled by agreement or majority decision.
3. without the agreement of the equity owner is not allowed to reduce its share of the rights to use.
Article 998. Distribution of common management rules subject to the successor If equity owners identified management rules and use the subject, these rules apply in respect of a successor.
Article 999. The management of the overall subject of Each equity owner may dispose of their shares and the disposal of the General subject is only possible together.
Article 1000. The total costs of the subject of Each equity owner in respect of other equity owners must pay the costs of the overall subject, commensurate with their proportion.
Article 1001. The abolition of common law 1. Each equity owner has the right to demand the abolition of the common law.
2. Unless an agreement right of cancellation is excluded or limited term forever, cancellation may be required if there are valid reasons.
3. Valid agreement that the right of cancellation is excluded or restricted, as opposed to those rules.
Article 1002. Agreement on the abolition of the common law, if the law of equity owners demand the abolition of the common law is excluded for a fixed term, the agreement shall cease to have effect in the event of the death of owner's equity, if not stated otherwise in the agreement.
Article 1003. The abolition of the common law Division in kind is the common law Division in kind is canceled if a common object (or objects) can be divided into homogeneous parts without reducing their value. Distribution of equal parts between the equity owners shall be made by drawing lots.
Article 1004. The abolition of common law exclusion 1. If the Division in kind is excluded, the common law is terminated by the sale of the subject of the sale of the mortgaged property or land and revenue distribution. Regarding plot rules forced sale of real estate. If the alienation of the General subject matter to a third person is invalid, then the item must be sold at public auction among share owners.
2. If the shared object was not sold, each equity owner may require repeated bidding; It should cover the expenses if the retry will end unsuccessfully.
Article 1005. Joint and several liability assessed owners 1. If the equity owners are jointly and severally liable, on demand, that they are in accordance with article 1000 this code should execute in proportion to their shares or have undertaken with the aim to fulfill this commitment, each equity owner may upon termination of common law require that the debt was repaid by the General subject.
2. If you need to settle a debt sale of General subject matter, the sale is made according to the rules of article 1004 of this code.
Article 1006. Satisfaction of requirements for sosobstvennikov If an equity owner is based on the common law requirement for another equity owner, upon termination of this law, he may require the cover its requirements from the part of the common property owed to the debtor.
Article 1007. Liability assessed owners upon termination of the common law, If upon termination of the common law, common object is passed to one of the assessed owners, then each of the remaining equity owners in accordance with their proportion is liable therefore as a salesman for lack of things or rights.
Article 1008. The Statute of limitations requirement repeal the common law requirement of the abolition of the common law has no statute of limitations.
Chapter 2. Conducting foreign affairs without orders Article 1009. Responsibilities of leading other people's business person (performer), which conducts the Affairs of another person (owner) without receiving orders from the latter or without other powers, is obliged to conduct business in a way that serves the interests of the owner, in the light of its actual or presumed wishes.
Article 1010. Doing business with the aim of preventing danger 1. If the purpose of doing things is to avoid real danger threatening the owner, then the perpetrator is liable only for intent and gross negligence.
2. The Executive Director, who was injured while preventing the risk of actually threatening another person or property that is not included in the legal responsibilities of the Executive Director, the harm must be compensated by the person who created the danger, or the benefits which the artist tried to save.
Article 1011. The obligation of notification to the agent shall at the earliest opportunity notify the owner that the assuming and wait his decision if the delay will not cause unfavourable consequences.
Article 1012. Report on work accomplished Performer is required to submit a performance report to the owner and return it all received as a result of the execution.
Article 1013. Reimbursement If the conduct of the Affairs and interests of actual or supposed will of the owner, the performer shall have the right to demand reimbursement of its expenses.
Article 1014. Inadmissibility of reimbursable Performer may demand reimbursement of the costs incurred, if keeping them is contrary to the interests and the actual or supposed will of the owner. If the perpetrator could know about it, he shall compensate the caused damage performance.
Article 1015. Assumption on the execution of its affairs
The rules of this chapter shall not apply if, in the conduct of Foreign Affairs, the executor assumed it was his case.
Chapter 3. Unjust enrichment Article 1016. Obligation to return the person who, without lawful excuse due to performance of an obligation by another person or otherwise at the expense of the latter had acquired any property, is under an obligation to return the person is obtained. This commitment takes place, and if: (a)) legal basis has disappeared later or if you do not reach the result, which is directed in accordance with the content of the transaction;
b) requirement brought an objection by satisfying requirements was not possible over the long term.
Article 1017. The impossibility of return requirements the equipment provided for the purpose of performance of the obligation may not be demanded to return if: (a) a person who has performed an obligation), aware that it is not under an obligation to fulfil;
b) performance was carried out of moral duty or for decency;
in the period of limitation has expired).
Article 1018. Not achieving results reclaimed due to failure of the result, which was forwarded to the execution shall not be permitted, if such a result was impossible from the outset and the person executing the obligation, knew about it or unfairly prevented the achievement of results.
Article 1019. The return of unjust enrichment in kind 1. The estate that forms the unjust enrichment of the acquirer, the victim should be returned in kind.
2. The purchaser shall be responsible to the victims for all sorts, including all sorts of casual loss or deterioration of the unjustly acquired property that occurred after he knew or should have known about the superficiality of enrichment. Up to this point he meets only for intent or gross negligence.
Article 1020. Reimbursement for unjust enrichment 1. In case of impossibility to return in kind from whom you obtained the property, the purchaser must compensate the victim with the actual value of the property at the time of its acquisition, as well as damages caused by then changing the value of the property, if the purchaser failed to reimburse its price immediately after learning about the superficiality of enrichment.
2. a person unjustly temporarily supported someone else's property without the intention to acquire or foreign services must reimburse the victim that it has saved as a result of such use, costs that existed at the time when finished, and the place where it happened.
Article 1021. Effects of the unjustified transfer to another person a person who communicated by way of assignment of a claim or otherwise belonging to another person on the basis of no or invalid obligations, shall have the right to demand the restoration of the former situation, including the return of identity documents passed to the right.
Article 1022. Compensation to the victim missed income 1. Person who unjustly received property, is obliged to return or compensate the injured all revenue that it has learned or should have learned from this property since knew or should have known about the superficiality of enrichment.
2. The amount of money subject to the enrichment unjust charge interest for the use of foreign funds since the acquirer knew or should have known about the superficiality of the receipt of the funds.
Article 1023. Reimbursement of cost of property subject to refundable when you return the wrongly received or reimbursement of the cost of the recipient shall be entitled to demand from the Executive Director reimburse the necessary costs for the maintenance and preservation of the property since then, with whom he is obliged to return proceeds less the benefits received. The right to reimbursement of expenses shall be extinguished in the case where the recipient is deliberately kept the property to be returned.
Article 1024. Increased responsibility at a known absence of legal basis 1. If the recipient at the moment knows about the absence of a legal basis for the acquisition or learns about it, the obligation to return unjust enrichment occurs at the time of purchase or at the time when the recipient discovers about the absence of such grounds, as if the requirement to return at this moment was taken to trial.
2. If the recipient is the adoption of the execution violates a statutory prohibition or good manners, he is obliged to return the receipt.
Article 1025. Disposal of unauthorized persons 1. If an unauthorized person has ordered subject and this regulation is in force for the authorized individual, then the first is obliged to return the eligible person whatever is received as a result of this order. If the result of orders has grant nature, this obligation is imposed on a person who immediately removed the legal benefits on the basis of such an order.
2. If an unauthorized person was executed, which is really against the authorized individual, unauthorized person must return the eligible person received as the result of performance.
Article 1026. Execution in violation of the law or good morals
A person who has taken performance, is obliged to return the received performance if the target was set in such a way that as a result of the execution of this person had violated a law or good manners. Reclaimed is not allowed if the person who carries out the execution, it is guilty of such violation, except where the performance consisted in making commitments; It is not allowed to claim a refund that was granted for the purpose of fulfilling such an obligation.
Section 4. Tort obligations Chapter 1. General provisions Article 1027. The concept of the person causing harm to another person by unlawful intentional or careless actions, he is obliged to compensate this damage.
Article 1028. The consequences of the spread of harmful information 1. A person who knowingly or recklessly discloses or disseminates information that cause damage to another person is obliged to compensate, if this information is clearly incorrect.
2. a person, agency information, without knowing their falsity is not obliged to compensate for damage, if the appliance or the addressee of his messages were legitimately interested in receiving such messages.
Article 1029. Liability for minor damage 1. A person who has not attained the age of 10 is not responsible for damage caused by them to others.
2. A minor who has reached the age of 10 is not responsible for any damage caused by them to another person if, at the time of the injury, he could not grasp the significance of his acts.
3. parents or persons responsible for the supervision of minors, shall be liable for damage caused to others minor misconduct. Liability is excluded in cases where those responsible for the supervision of the person could not prevent injury.
Article 1030. Reparation for the injury caused by the mentally ill 1. If the imbecile or insane misconduct causes harm to another person, it does not have an obligation of reparation.
2. If the person responsible for inflicting harm to monitoring, it is obliged to compensate the harm, unless the injury prevention was impossible.
Article 1031. Reparation for the injury caused in a State of temporary mental disorder the person is temporarily located in the unconscious or the status of a mental disorder is not responsible for the damage caused. If the person itself brought itself to such condition the use of alcoholic beverages, narcotic or similar means, it is not exonerated from liability, except in cases where it appeared in this State through no fault of their own.
Article 1032. Reparation for the injury caused by the duty person is obliged to compensate the damage caused by its wrongful act third party employee in the performance of their labour (service) duties. There is no liability if the employee did not act guilty.
Article 1033. Joint and several liability for injury 1. If hurting several persons, they shall be liable as obligors.
2. is responsible for the damage is not the only one who directly caused it, but also one who lures him or helped him, and anyone who knowingly took advantage of an injury to another.
Article 1034. Reparation, coming as a result of the use of vehicles 1. The owner of a vehicle intended for the carriage of passengers and goods delivery, if the operation of its vehicles has caused the death, injury or health disorder or damage things, shall compensate the victim caused by the injury.
2. the duty of reparation provided for in paragraph 1 of this article does not occur when the damage is caused by force majeure, except in cases where the injury occurred when air operations.
3. If a person uses a vehicle without the owner's permission, it is obliged to compensate the damage instead of the owner. The owner shall be obliged to compensate the damage caused if the use of the vehicle was made possible by his fault. Usually the first sentence shall not apply if the user has been appointed by the owner to control the vehicle or if the vehicle was referred to him by the owner.
Article 1035. Liability for damage caused by the hazards of buildings 1. If from a structure comes a special danger from manufactured it placed there or supplied energy there either flammable or explosive, poisonous or toxic substances, the owner of this building must, if the practical implementation of this danger resulted in death, injury or health disorder or damage to the goods, compensate affected arising as a result of the injury. The same responsibility applies to owners of inflammable or explosive, poisonous or toxic substances, when these substances comes increased risk.
2. If from a building or things comes increased risk for other reasons, other than those referred to in paragraph 1 of this article, the owner of the building or things must similarly compensate the damage caused by the implementation of risk.
3. the duty of reparation provided for in paragraph 1 of this article does not occur, if the injury arose within the possession of the owner of the building or within the territory of their land.
4. the duty of reparation provided for in paragraph 1 of this article shall be excluded, unless the damage is caused by force majeure, except in cases where harm is caused by an accident or damage to lines èlektroperedaûŝih of oil-, gas-, water-and nefteproduktovodov.
5. Damage arising from the use of radioactive substances must be compensated by the person using these substances.
Article 1036. Reparation for the injury caused when extinguishing fire damage caused to other persons while extinguishing the fire, preventing it from spreading to neighboring apartments and buildings shall be compensated by the person found guilty in case of fire.
Article 1037. Inadmissibility of exceptions responsibilities redress 1. Provided for in articles 1034 and 1035 this code the obligation of reparation cannot be excluded or restricted if it concerns a natural person. The same rule applies in respect of an injury caused by things, unless an exemption or limitation of liability, it was agreed between the person obligated to compensate for damage, and a legal entity.
2. Void agreements, contrary to the rules of paragraph 1 of this article.
Article 1038. Reparation for the injury caused by the animal if the animal will cause harm to human life, bodily integrity or health or hurt a thing, the owner of an animal shall be obliged to compensate the damage caused to the victim. Obligation of reparation does not occur, if the injury was caused by a pet, which is designed for professional, business or to obtain funds for maintenance of the owner, and the owner of the animal showed adequate in civil circulation care when overseeing the animals or if damage there would be still and with such diligence.
Article 1039. Reparation for the injury caused by the collapse of buildings 1. The owner of the building or other structures shall be obliged to compensate the damage caused by the collapse of buildings or other facilities in whole or its separate parts, unless damage has not been caused by inappropriate content or lack of buildings or other structures.
2. If damage is caused to the wall or a loose or poured out of the building, is the responsibility of the person holding the corresponding dwelling, except in cases when the injury came as the result of force majeure or due to the fault of the victim.
Article 1040. State liability for damage caused by public servants 1. If a civil servant intentionally or negligently violates their duties in respect of third persons, the State or the institution in which the employee must pay for the onset of the injury. If intent or gross negligence of the employee, together with the State jointly and severally liable.
2. the obligation of compensation does not arise if the victim intentionally or recklessly not tried legal means to prevent harm.
3. Damage caused by making restitution to rehabilitated citizen as a result of unlawful conviction, unlawful prosecution, unlawful use as a preventive measure of detention or a travel ban, an administrative penalty of arrest or corrective labour shall be compensated for by the State irrespective of the guilt of officials of bodies of inquiry, the preliminary investigation, the Procurator's Office and the courts. If intent or gross negligence of these persons, together with the State jointly and severally bear liability.
Article 1041. Compensation in case of death 1. In the event of the death of the victim must trespasser by assigning content to compensate the harm to individuals, the content of which relied on the deceased. This duty is in force during the entire period when the victim would be obliged to provide the content.
2. the obligation of the agreement may be replaced by a one-off reimbursement, if there are important reasons.
Article 1042. Reparation for the injury caused by medical institution the harm caused to health of person under treatment in a medical institution (as a result of surgery, incorrect diagnosis, etc.) shall be compensated on the same basis. Trespasser is relieved from liability if he proves that the damage came through no fault of his own.
Article 1043. The period of limitation the limitation period for a claim for compensation for harm caused by an offence is three years from the date when the victim became aware of the dangers or face obâzannom to cover losses.
Chapter 2. Liability for damage caused by faulty product Article 1044. Responsibility of the manufacturer of the defective product 1. The manufacturer of the defective product, regardless of whether it was a contractual relationship with the victims, is liable for damage caused by this product, except when: (a)), it is not released this product for implementation;
b) under the circumstances of the case, you can assume that the lack of harm giving rise to the product at the time of its release for implementation had not;
in) product is manufactured either for sale or for other commercial purposes, either within their professional activities;
g) product has a flaw, but release it to implement it conformed to applicable standards at the time, or d) identifying lack was impossible given the level of science and technology by the time the product is released for sale.
2. the responsibility of the manufacturer of the product is also excluded if the defect is caused by the design of the product, part of which he is a national, or this part made on the instructions of the manufacturer of this product.
3. manufacturer's Obligation to reimburse for damage is reduced or excluded altogether, if the offensive caused harm guilty action of the victim or responsible person for him.
4. the liability of the manufacturer is reduced if the harm invoked concurrently on the downside of the product and the action of a third party.
Article 1045. The notion of a low-quality product 1. A product is defective if it does not provide the reliability, which, having regard to all the circumstances is expected from this product.
2. the product is not recognized by the poor just because the turnover was subsequently introduced better quality product.
Article 1046. The concept of the product 1. According to the present Code product recognizes any moveable thing and then, if it is part of another movable or immovable things, as well as electricity. No products are still raw, obtained as a result of agriculture agricultural products, livestock products, beekeeping and fish (natural agricultural products). The same applies to products obtained by hunting.
2. In accordance with the present code by the manufacturer recognizes the person who manufactured final product core element or part of the product. Manufacturers are considered to be all those on its behalf, with a trademark or other distinctive sign serving as producer.
3. The manufacturer shall also be deemed a person who makes a product for sale, rent, lease or in any other form of economic purposes in the sphere of its activities in accordance with the conditions stipulated by this code.
4. If it is impossible to establish the identity of the manufacturer, the manufacturer recognized by any supplier, except when he's within one month after the requirement to submit the data on the identity of the manufacturer or of the person who supplied him with the product. This rule applies to imported goods when you cannot install the original sbytčika, despite the fact that the manufacturer name is known.
Article 1047. Burden of proof the burden of proof liability for harm caused by defective product, lies with the victim.
Article 1048. Joint and several liability If the obligation of compensation for the same damage rests with several manufacturers, they are liable as obligors.
Article 1049. Reparation for the injury caused by the injury in accordance with article of this code 1044 reparation obligation applies to damage caused as a result of death, illness or injury.
Article 1050. The period of limitation 1. According to section 1044 of the present Code, the Statute of limitations on demand is three years from the time when the person entitled to compensation, learned of the dangers, lack or face obâzannom to cover losses.
According to article 2 of this code 1044 requirement is repaid after ten years from the date when the producer issued to implement the product caused the harm.
Article 1051. The inadmissibility of the exclusion of liability the manufacturer is not liable for a defective product may not be excluded or limited. Contrary to this agreement is not valid.
PART 4. INTELLECTUAL PROPERTY LAW SECTION 1. GENERAL PROVISIONS Article 1052. Intellectual property rights 1. To objects of intellectual property are results of intellectual activity and means of individualization equated with them, which shall be granted legal protection.
2. The results of intellectual activity are: 1) works of science, literature and art;
2) programs for computers;
5) phonogram, videogram;
6) message in broadcast or cable radio or television (broadcast by the broadcasting or cable distribution organizations);
8) utility models;
9) industrial designs;
10) selection achievements;
11) topographies of integrated circuits;
12) trade secrets (know-how);
13) other results of intellectual activity in the cases stipulated by the legislation and international treaties to which Turkmenistan is a party.
3. Means of individualization of legal entity, product differentiation, works performed or services are: 1) brand names;
2) trademarks and service marks;
3) appellations of origin of goods;
4) commercial designations;
5) other means of individualization in the cases stipulated by the legislation of Turkmenistan.
Article 1053. The intellectual property rights of Intellectual Rights recognizes rights to results of intellectual activity and means of individualization equated with them. Intellectual property rights include the exclusive right is a property right, and in the cases stipulated by the legislation of Turkmenistan, also moral rights and other rights (the right route, right of access and others).
Article 1054. Intellectual property rights and ownership
1. Intellectual property rights do not depend on the ownership of the material medium (thing), which expressed the appropriate result of intellectual activity or means of individualization.
2. transfer of ownership of the thing does not entail a transition or the granting of intellectual property rights to the results of intellectual activity or means of individualization, expressed in this stuff, except for the cases stipulated by the legislation of Turkmenistan.
Article 1055. The author is the result of intellectual activity 1. The author of the results of intellectual activity recognized person, creative work that created such a result.
Not recognized by the authors the result of intellectual activity of a person who is not vnësšie personal creative contribution to the creation of such an outcome, including which had its author only technical, advisory, organizational, financial assistance or assistance or only contributed to the formalization of rights to such product or its use, as well as those conducting monitoring of relevant works.
2. The author of the result of intellectual activity belongs the right of authorship, and in cases stipulated by the given code, the right to a name and other personal nonproperty rights.
The right of authorship, the right to a name and the other of the author's moral rights are inalienable and non-transferable in any. Waiver of these rights is void.
Authorship and name of the author are protected indefinitely. After the death of the author, the protection of its authorship and name may exercise any interested person, to which he entrusts the protection of authorship, author name, and integrity of the works after her death, except the assignment by the author of the executor.
3. The exclusive right to the result of intellectual activity created by creative work, initially arises from its author. This right may be transferred by the author to another person under a contract and switch to other individuals on other grounds established by law.
4. The right of the result of intellectual activity created the joint creative work of two or more persons (co-authorship), belong to the authors jointly.
SECTION 2. The EXCLUSIVE RIGHT of Article 1056. Exclusive right 1. Natural or legal person having an exclusive right to the results of intellectual activity or means of individualization (copyright holder) the right to use such a result or such a discretion not inconsistent with law any way. The copyright holder can grant an exclusive right to the results of intellectual activity or means of individualization, if otherwise not provided by the legislation of Turkmenistan.
The copyright holder may, at its discretion, permit or prohibit to other persons using the result of intellectual activity or means of individualization. The absence of prohibition shall not be deemed consent (permission).
Other entities may not use the relevant results of intellectual activity or means of individualization without the consent of the rightholder, except for the cases stipulated by the legislation of Turkmenistan. Using the result of intellectual activity or means of individualization (including their use means provided by the legislation of Turkmenistan), if such use is carried out without the consent of the copyright owner is illegal and implies responsibility, established by the legislation of Turkmenistan. Exceptions are cases where the use of the results of intellectual activity or means of individualization of persons other than the owner without his or her consent permitted under the laws of Turkmenistan.
2. The exclusive right to the result of intellectual activity or means of individualization can belong to one person or several persons jointly.
3. where the exclusive right to the result of intellectual activity or means of individualization belongs to several persons jointly, each of rightholders might use such a result or such means at their discretion if this code or agreement between rightholders provide otherwise. The relationship of individuals to which the exclusive right is owned jointly, shall be determined by agreement between them.
Article 1057. The period of validity of the exclusive rights 1. Exclusive rights to results of intellectual activity and means of individualization are valid for a certain period, which shall be fixed by the legislation of Turkmenistan.
2. the duration of the period of validity of the exclusive right to the result of intellectual activity or means of individualization, the calculation of this period, the grounds and procedure for its extension, as well as the grounds and procedure for the termination of the exclusive right until expiry shall be established by the legislation of Turkmenistan.
Article 1058. Exceptional action and other intellectual property rights in the territory of Turkmenistan 1. On the territory of Turkmenistan there are exclusive rights to results of intellectual activity and means of individualization, established by the legislation and international treaties to which Turkmenistan is a party.
2. in recognition of the exclusive right to the result of intellectual activity or means of individualization in accordance with an international treaty to which Turkmenistan content rights, restrictions, rules of its implementation and protection shall be determined by the legislation of Turkmenistan regardless of the provisions of the legislation of the country of occurrence of the exclusive right if such international agreement or unless otherwise provided by the legislation of Turkmenistan.
Article 1059. State registration of the results of intellectual activity and means of individualization 1. In cases stipulated by the legislation of Turkmenistan, the exclusive right to the result of intellectual activity or means of individualization is recognized and is subject to state registration of such a result or the remedy.
2. In cases where the result of intellectual activity or means of individualization, shall be in accordance with the legislation of Turkmenistan, State registration, the exclusive right to alienate such a result or the remedy under the agreement, a pledge that right and granting the right to use such a result or remedy under the contract, as well as transfer of the exclusive right to this or a tool without a contract, also are subject to state registration , procedure and conditions of which shall be established by the legislation of Turkmenistan.
3. the reason for the transition state registration the exclusive right to the result of intellectual activity or means of individualization by inheritance is inheritance right certificate, except in the case provided for in clause 1281 the present code.
4. In cases stipulated by the legislation of Turkmenistan, the State registration of the results of intellectual activity can be carried out at the request of the right holder. In these cases the registered result of intellectual activity and to rights of such a result apply rules of parts two and three of this article.
Article 1060. Order the exclusive right 1. The copyright holder may order belonging to him the exclusive right to the result of intellectual activity or means of individualization of any not inconsistent with the law and merits of such exclusive rights of way, including by its exclusion by contract to another person (agreement on the alienation of an exclusive right) or giving the other person the right to use the relevant results of intellectual activity or means of individualization within the limits set by the agreement (EULA).
License agreement does not entail transfer of the exclusive rights to the licensee.
2. The treaties before it the exclusive right to the result of intellectual activity or means of individualization, including treaties on the alienation of an exclusive right and license (sublicenzionnym) contracts are subject to the General provisions on obligations and on the contract because it is not established otherwise by the rules of this section and not derived from the content or nature of the exclusive right.
3. the Treaty, which expressly stated that the exclusive right to the result of intellectual activity or means of individualization is transferred in full, is considered a license agreement, with the exception of the agreement with regard to the right to use the results of intellectual activity, specially created or to be created for inclusion in complex object.
4. Terms and conditions of the agreement on the alienation of an exclusive right or license agreement, restricting the right to establish the results of intellectual activity of a certain kind or in certain areas of intellectual activity or the exclusive right to dispose of such results to other persons, shall be void.
5. in the event of the conclusion of the contract of pledge of exclusive rights to results of intellectual activity or means of individualization of mortgager has a right during the term of this contract to use the result of intellectual activity or such means of individualization and the exclusive right to dispose of such a result or the vehicle without the consent of the pledgee, unless a contract provides otherwise.
Article 1061. Transfer of the exclusive right to other persons without a contract for transfer of the exclusive right to the result of intellectual activity or means of individualization to another person without concluding an agreement and license with the rightholder is allowed in cases and on the grounds established by the legislation of Turkmenistan, including the order of universal legal succession (inheritance, the reorganization of a legal entity) and foreclosure on the property of the copyright holder.
SECTION 3. EULA Article 1062. License agreement 1. Under a license contract, one party is the owner of all rights, whether exclusive or the result of intellectual activity or means of individualization (licensor) grants or undertakes to grant to the other party (the licensee) the right to use such a result or such means within the limits of the Treaty.
Licensee may use the results of intellectual activity or means of individualization only within those rights and those ways which are provided for in the license agreement. The right to use the results of intellectual activity or means of individualization, not directly specified in the license agreement, is not considered to be provided by the licensee.
2. The period for which is license contract, may not exceed the period of validity of the exclusive right to the result of intellectual activity or means of individualization. In the event of termination of the exclusive right of license agreement shall terminate.
3. license agreement should include the subject of the contract and how to use the results of intellectual activity or means of individualization.
4. license agreement may include: 1) granting the licensee the right to use the results of intellectual activity or means of individualization beyond which the licensor retains the right to issue licenses to others-a simple (non-exclusive) license;
2) granting the licensee the right to use the results of intellectual activity or means of individualization without saving by the licensor of the right to issue licenses to others-exclusive license.
5. If the license agreement does not stipulate otherwise, the license is assumed to be a simple (non-exclusive).
Article 1063. Sub license agreement 1. With the written consent of the licensor, the licensee may grant Treaty use the result of intellectual activity or means of individualization of another person (sub license agreement).
2. To sublicenzionnomu sublicensee Treaty may be granted the right to use the results of intellectual activity or means of individualization only within those rights and ways of use, which provides the license agreement to the licensee.
3. Sub license agreement, which was concluded for a period exceeding the validity period of the license contract shall be deemed concluded for the term of the license agreement.
4. Liability to Licensor for the actions of the sublicensee shall bear the licensee, if the license agreement does not stipulate otherwise.
5. To sublicenzionnomu the Treaty rules of the present code are applied on the license agreement.
Article 1064. Compulsory licensing in cases stipulated by the legislation of Turkmenistan, the Court may, at the request of the person concerned, decide to grant the person concerned the right to use the results of intellectual activity, the exclusive right to that belongs to another person (compulsory license).
SECTION 4. The COLLECTIVE MANAGEMENT of ECONOMIC RIGHTS Article 1065. Property rights management organization Entities shall have the right to create rights of the Organization for the collective administration of economic rights. The procedure for the establishment of such organizations and their powers are defined by the legislation of Turkmenistan.
SECTION 5. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS Article 1066. Disputes relating to the protection of intellectual property rights Disputes, related to the protection of the violated or disputed intellectual property rights are considered and resolved by the Court.
Article 1067. Protection of intellectual property rights 1. Intellectual property rights are protected by the means provided by the legislation of Turkmenistan, with regard to the substance of the infringed right and the consequences of the violation of this right.
2. How to protect intellectual property rights, stipulated by this code, can be used on demand rights holders, rights management organizations collectively, as well as other persons in cases stipulated by the legislation of Turkmenistan.
Article 1068. Protection of the exclusive rights 1. Protection of the exclusive rights to results of intellectual activity and means of individualization is carried out through, inter alia, the presentation of the claim: 1) on the recognition of the right to a person who denies or otherwise recognizes the right, thereby violating the interests of the right holder;
2) Suppression of acts that violate the law or threaten its violation, the person who commits such acts or carrying out the necessary preparations for it;
3) for damages-to face the first King's quest installment illegally result of intellectual activity or means of individualization without concluding an agreement with the copyright holder (bezdogovornoe), or otherwise violates its exclusive right and caused him damage;
4) seizure of tangible media, equipment and materials, mainly used or intended for the Commission of infringement of exclusive rights to the manufacturer, the importer, carrier, custodian of the seller, a Distributor, a malicious acquirer;
5) concerning the publication of the Court decision on the infringement committed, together with an indication of the actual copyright owner-exclusive right violator.
2. in order to claim the case on violation of exclusive rights to material media, equipment and materials in respect of which the assumed infringements of the exclusive right to the result of intellectual activity or means of individualization, interim measures may be taken, the procedure established by the legislation of Turkmenistan, including the seized material carriers, equipment and materials.
3. In the case where the manufacture, distribution, or other use, as well as import, transport or storage of material carriers, which expressed the result of intellectual activity or means of individualization lead to infringement of the exclusive right to this result or remedy such material carriers shall be deemed counterfeit and on the decision of the Court shall be removed from circulation and destroyed without any compensation, unless other consequences not envisaged in the legislation of Turkmenistan.
4. In cases where the violation of the exclusive right to the result of intellectual activity or means of individualization is recognized in accordance with the established procedure of unfair competition, protection of the infringed the exclusive right may be exercised as a means provided by the present code and in accordance with other laws of Turkmenistan.
Article 1069. State regulation of relations in the field of intellectual property, regulation of relations in the sphere of intellectual property is carried out by the authorized State body on intellectual property.
PART 5. Inheritance Law Section 1. General provisions Article 1070. Concept 1. Transition property of a deceased person (the testator) to other persons (heirs) is provided by law or by a will or on both grounds.
2. Inheritance by law-the transition of the estate of the deceased to the persons specified in the law shall be applied, if the testator has not left a will, either completely or partially if the Testament nullified.
Article 1071. The heirs Successors may be inheriting by: a) the law-individuals who were alive at the time of the testator's death, as well as children of the testator born alive after his death;
b) bequest-persons who were alive at the time of the testator's death, as well as those that were conceived during his lifetime, and were born after his death, despite the fact they are his children or not, as well as legal entities.
Article 1072. Legal persons as heirs In succession by will inherit legal entities formed by the opening of the inheritance.
Article 1073. Children born out of wedlock as the heirs of the father of an illegitimate child is considered to be the heir of the father if paternity has been established in accordance with law. If the child dies before the father, his children may require a share of the inheritance, which relied on their father.
Article 1074. Unworthy heir cannot inherit neither by law nor by will a person who knowingly let the ancestor in the implementation of his last will and this contributed to it or close it persons were called to inherit or increased their share of an inheritance, or has committed a premeditated offence or otherwise immoral act against the last will of the testator, expressed in his will, if these circumstances are confirmed by the Court (unworthy heir).
Article 1075. Parents are not likely to be the heirs cannot be heirs according to the law, children parents deprived of parental rights and to the day of the opening of the inheritance is not recovered in these rights. Cannot be heirs at law persons who maliciously evaded duties entrusted to them by the content of the testator, if this fact is confirmed by the Court.
Article 1076. The deprivation of the Court the right to inherit a circumstance which constitutes the basis for depriving the unworthy heir to the inheritance, shall be determined by the Court at the suit of the person for whom the deprivation unworthy heir to the inheritance rights entails certain property effects.
Article 1077. Forgiveness unworthy heir a person found committing acts involving loss of inheritance rights, although it is allowed to inherit if the testator forgive him and it is his decision in an intelligible form will express in the will. Review of forgiveness is not allowed.
Article 1078. Duties of the recognized heir unworthy if the person is found by a Court of an unworthy heir after receiving an inheritance, it is obliged to return all received inherited along with the fruits and revenues.
Article 1079. The deadline for bringing an action for recognition of an unworthy heir to Sue for recognition as an unworthy heir must be presented by the person concerned for a period of five years from the date when that person came into the possession of the inheritance.
Article 1080. Hereditary share a person deprived of inheritance rights 1. The proportion of a person deprived of the right to inheritance, moves on to the rest of the heirs to the inheritance, and evenly.
2. rule referred to in paragraph 1 of this article shall not apply if the person deprived of the right to inheritance, was appointed heir.
Article 1081. The opening of the inheritance Succession opens due to the death of a citizen or declaring it dead by a court.
Article 1082. The time of opening the inheritance inheritance Time is the day of testator's death or the day of entry into force of a court decision declaring a person dead.
Article 1083. The legacy of those who died in a single day in the event of the death of one day of persons having the right of inheritance, heritage opens after each of them independently.
Article 1084. The opening of the inheritance after declaring a person dead
Provided for in article 1141 of this code consequence comes and if the Court declared several persons have died as a result of the loss if the same circumstances; It doesn't matter the time of the entry into force of the decision to declare them dead.
Article 1085. Place the opening of the inheritance 1. Place the opening of the inheritance is considered to be the place of residence of the testator, if it is unknown, the location of the inheritance.
2. If the inheritance is located in different places, place the opening of the inheritance is considered the location of immovable property or its valuable parts, and if there is no real estate, location of movable property or its body.
Article 1086. Place the opening of the inheritance of persons residing abroad, Place the opening of the inheritance after the death of the citizen of Turkmenistan, temporarily residing abroad and deceased there is his place of residence prior to your departure abroad, and if it is not known-location of the inheritance or its body.
Article 1087. Place the opening of the inheritance of persons permanently resident abroad, Place the opening of the inheritance after the death of a citizen residing abroad is considered the country where he lived.
Article 1088. The opening of the inheritance abroad Turkmen citizen residing in Turkmenistan, receives an inheritance in a foreign State in accordance with the law of that State.
Article 1089. Estate 1. Inheritance (estate) includes the totality of how property rights (inheritable assets) of the testator and his duties (hereditary liability), which by the time of the testator's death.
2. The legacy includes a share in common ownership, the amounts owed to the deceased, and if the Division of the property in kind, the value of this property.
Article 1090. The future of the testator's property in the probate estate, which he had at the time the will was not there, if, at the opening of the inheritance of such property would be his property.
Article 1091. Inadmissibility of transfer by succession of the rights and duties of a personal nature in the part of the inheritance does not include property rights and obligations, which are personal in nature and can only belong to the ancestor as well as statutory or contractual rights and obligations, operating only during the life of the creditor and the debtor and afflicted their death.
Article 1092. Protection of the moral rights of the testator's moral rights of the testator that are not included in the inheritance can be implemented and protected heirs in accordance with the procedure provided by law.
Article 1093. The impact of the increase provided for legacy assets If the testator after the will wills provided increased real estate through the acquisition of such property, which although it is accompanied by real estate zaveŝannomu, it will not be inherited, if no new orders on assets acquired after the will.
Article 1094. Joint-heirs If several heirs, inheritance to its partition among heirs belongs to all the heirs as a single property. From this property may be made necessary expenses for the care and treatment of the latter relationship, burial, inheritance, protection and management of wages, the execution of wills. These requirements must be satisfied with the value of the inheritance mainly over all other requirements, including secured by a mortgage or other lien.
Article 1095. The right of claiming things of the inheritance 1. If the testator wrong left heir thing, its owner has the right to recover a thing in General.
2. If the property of the deceased is hidden is the property of another person, be sure to identify that part of the property and the transfer of the person concerned.
Section 2. Inheritance by law Art. 1096. The heirs by law 1. When inheriting heirs by law with the right to an equal share are: first, children (including adopted), spouse and parents (adoptive parents) of the deceased, as well as a child of the deceased born after his death;
secondarily-brothers and sisters of the deceased, his grandfather and grandmother both father and mother.
2. The adopted child and his offspring do not inherit after the death of parents and other relatives in the ascending line, as well as after the death of blood brothers and sisters.
The parents of the adopted child and his other relatives in ascending line as well as his blood sisters and brothers do not inherit after the death of the adopted child or his offspring.
3. Grandchildren, great-grandchildren and children past considered to be heirs at law, at the time of the opening of the inheritance, if no longer living parents, who were supposed to be the heirs of the testator, and inherit in equal shares in the proportion that when you inherit by law would have their deceased parent.
Grandchildren, great-grandchildren and children past cannot be heirs if their parents refused the acceptance of inheritance Article 1097. Precedence in inheritance by law requires at least one of the heirs of the previous priority eliminates subsequent inheritance turns.
Article 1098. The rights of disabled persons in inheritance
Incapacitated persons who were dependent on the testator and cannot independently support themselves, if they are not mentioned in the will, shall have the right to demand maintenance (alimony) from inheritance. The amount payable in the form of content may be reduced based on the level of hereditary asset.
Article 1099. The situation of divorced spouses in inheritance terminated the marriage the spouses may not be heirs to a friend after friend.
Article 1100. The deprivation of the right of succession upon the dissolution of a marriage by a court decision can be denied inheritance rights under the law, if it is confirmed that the marriage relationship with not less than three years before the opening of the inheritance was actually stopped and the spouses resided separately.
Article 1101. Loss of the right of inheritance as a result of annulment of marriage, the surviving spouse loses the right to inherit, if there were grounds for annulment of marriage and relationship was introduced.
Article 1102. The transition to Treasury assets without heirs 1. If there are no heirs either by law or by a will or none of the heirs has not received the inheritance, or all heirs denied inheritance rights, having no heirs, the property goes to the Treasury; If the testator was on content of institutions for the elderly, the disabled, therapeutic, educational institutions and social service agencies in their property.
2. Having no heirs property in the form of shares or percentage of share in the co-op goes to him, unless otherwise provided by law.
Section 3. Testamentary Article 1103. The notion of a natural person may death leave their property or part of one or more persons as heirs of the circle and outsiders.
Article 1104. A person who can be the testator Testator may be adult capable person, which may, at the time of drawing up the Testament wisely judged on their actions and clearly express their will.
Article 1105. Drafting of wills the testator personally Testament must be personally by the testator. Making a will through a representative is not allowed.
Article 1106. Joint wills the will must contain an order of one of the testator. The joint drafting of wills of two or more persons is not permitted. Only spouses can form joint testament of mutual inheritance, which can be revoked at the request of one of the spouses, but during the lifetime of the spouses.
Article 1107. Definition of testator share 1. Testator in a will may determine the percentage assigned to will the heirs from inheritance, or indicate specifically which of the heirs will control what property. If there is no such stipulation in the will, inheritance is divided among heirs.
2. If the Testament assigned heirs, but it determined the share only one heir, the remaining heirs to receive the remaining property in equal shares.
Article 1108. The distribution of inheritance between heirs under a will if the Testament assigned successors and a certain one of the heirs share includes all inheritance, all heirs according to the Testament should get an equal share.
Article 1109. Inherit property left out wills If the proportion of designated heirs according to the Testament did not entirely cover the whole inheritance, remaining outside of the probate property inheritance by law, which applies to those heirs according to the law, which was part of the property bequeathed, if the will provides otherwise.
Article 1110. Proportional increase in shares between heirs according to the Testament if there is only the designated heirs according to the Testament, their proportion commensurate with the increase, if each heir by will determined its share, but share all, taken together, do not exhaust the inheritance completely.
Article 1111. Inadmissibility third party participation in determining the proportion of the testator cannot designate another person to determine who should get a share of inheritance and in what amount.
Article 1112. Inability to accurately establish the heirs If the testator has determined the identity of the heir of such signs, which can go up to several persons, and it is impossible to determine who the testator had in mind, they are all considered to be heirs to the right to an equal share.
Article 1113. The deprivation of the right to inherit under a will 1. The testator may deprive the inheritance under a will of one, several, or all of the heirs at law and shall not be obliged to motivate it.
2. The person deprived of inheritance direct indication in the Testament, cannot become heir to law on the part of the property, which was not included in the will, and then, when the heirs according to the Testament refused acceptance of the inheritance.
Article 1114. Preservation of the right to inheritance of heirs, not mentioned in the will, shall retain the right of succession on the part of the inheritance, which has not addressed the testament; they will also receive and property provided for will, if, at the opening of the inheritance is not alive any of the heirs under the will or they all refused acceptance of the inheritance.
Article 1115. Inadmissibility of inheritance by law if the testament of all estate was distributed among heirs according to the Testament, but by the time of the opening of the inheritance of one of the heirs of the deceased, intestate succession does not occur and his share of the property in equal shares would receive the other heirs under a will.
Section 4. Form wills Article 1116. Notarized form 1. The will must be in writing. May be a written Testament in notarial form or without it.
2. Notarized form requires that the Testament was drawn up and signed by the testator and notarized, and where there is no notary-arčynom.
Article 1117. Record of wills notary 1. It is possible that the Testament with the words of the testator wrote the notary in the presence of two witnesses. When writing wills can be applied generally accepted technical means.
2. The Testament written by the notary with the words of the testator that the testator must read and sign before a notary and witnesses.
Article 1118. Individuals with equal status to the notary In identity to the notary of testaments are equal: s) Chief Medical Officer, Chief Deputy of Medical Affairs and hospital duty doctor, hospital or other medical establishment, sanatorium, Director or chief doctor of Les Invalides and the elderly, if the testator is curable or live in this facility;
b) head of search, geographic and other similar expeditions, if the testator is in such expeditions;
in) the captain of a ship or an aircraft, if the testator is on a ship or an aircraft;
g) Commander (Chief) of a military unit, connection, institutions and schools, if paragraph dislocation of military unit no notary and if the testator is a soldier or serving in military, civilian or a member of his family;
d) Chief places of deprivation of liberty, if the testator is in places of deprivation of liberty.
Article 1119. The signing of the wills of another person If the testator, for any reason, cannot sign the will, at his request, Subscribe to can another person in the presence of the testator and the notary. This should be specified the reasons for which the testator could not sign the will.
Article 1120. Testament deaf-mute and blind persons 1. If the testator or the deaf and dumb he was deaf and dumb and illiterate, he must make a testamentary disposition by a notary in presence of two witnesses and of a person who can explain the matter to him and to confirm his signature that the content corresponds to the probate testator.
2. The testator who is blind or illiterate, testamentary disposition must make a notary in the presence of three witnesses about what should be done and read it.
3. Recording and pročityvaûŝimi may be witnesses, but the writer must not be pročityvaûŝim.
4. entries must be specified, who made a record and who read it to the testator. Entry must be signed by witnesses and authenticated by a notary.
Article 1121. Witnesses Witnessed Wills Probate cannot be minors deprived of heirs according to the Testament and their relatives ascendants and descendants, sisters, brothers, husband (wife) and the recipient of a bequest (legatorij).
Article 1122. The mystery of the notary of the Testaments, another person, udostoverivšee will witness, as well as signatories to the Testament instead of the testator may not before the opening of the inheritance to disclose information concerning the contents of wills, his drafting, amending or repealing it.
Article 1123. Home-made wills the testator may personally write wills and sign it.
Article 1124. Storage of wills at the notary 1. The testator may personally written and signed application in a sealed envelope to pass the notary (or other appropriate official) in the presence of three witnesses that verifies his signature on the envelope.
2. storage of this type of probate must be provided an official deposit of a notary (or other appropriate official).
Article 1125. Making a will using technical means Text can be contained the wills by using generally accepted technical tool, but the signature must be executed by the testator. In such a case, the will must be made and signed by the testator in the presence of two witnesses who will attest that the bequest was made in their presence by using technical means. Certification of Testaments witness must be made immediately after it is signed by the testator, by the corresponding inscriptions on the Testament in the presence of the testator and two witness names, names and places of residence of witnesses.
Article 1126. Closed wills 1. At the request of the testator witnesses should certify a testament, not so with its content (closed Testament). In such a case, the witnesses must be present during drawing up wills.
2. If the identity of private wills witnesses should specify that the Testament composed personally by the testator in their presence, but its content is unknown to them.
Article 1127. Date of making wills in probate date must be specified. The absence of date shall entail the invalidity of the wills only when will not be dispelled doubts about the capacity of the testator at the time of writing, change or cancellation of wills, as well as when there are multiple wills.
Article 1128. To familiarize stakeholders with the contents of the wills
After the death of the testator, the notary shall appoint a day and oznakomlivaet with the contents of the wills of stakeholders as a protocol should be drawn up. If the envelope in which the will was sealed, must be enabled for the integrity of the press.
Section 5. Podnaznačenie heir Article 1129. A spare heir to 1. The testator has the right to call in the Testament another heir (a spare heir) if designated heir dies before the opening of the inheritance or will not accept the inheritance or will be deprived of the right of inheritance.
2. the refusal of the heir by will of inheritance in favor of podnaznačennogo instead of heir person is not allowed.
3. Spare heir may be any person who, under articles 1129-1131 this code could be the heir.
Section 6. A mandatory percentage of Article 1130. The notion of Children of the testator, his parents and spouse, irrespective of the contents of the wills, belongs to the mandatory proportion, which must be half the percentage owed them when you inherit by law (mandatory share).
Article 1131. The time when the right to demand compulsory share the right to mandatory share arises from the moment of opening of the succession. The right of such a requirement goes.
Article 1132. Determining the amount of compulsory share the full scope of a compulsory share is determined from the total inheritance of property, including property which is provided for the execution of the bequest or any act in the socially useful purposes.
Article 1133. Definition of compulsory share each of the heirs in determining the share of each of the mandatory heirs must take into account all the heirs that would be designed to to receive the inheritance, if it were not for wills. Heirs under a will shall not be taken into account.
Article 1134. Set-off of property received in a fraction of a person entitled to obtain a compulsory share count was obliged to share in all that was commissioned by the testator during his lifetime, indicating that the decision is credited in proportion.
Article 1135. Consequences of refusal to bequest a person having a right to receive compulsory share and at the same time, is the recipient of a bequest (legate), may require mandatory share if abandon bequest. If it does not abandon the bequest, then loses the right to mandatory share within the value of the bequest.
Article 1136. The allocation of compulsory share of property not contemplated a will if the Testament provided not all estate, obligatory share is allocated primarily from unintended legacy assets, and if that's not enough, is filled through a bequest provided for property.
Article 1137. The increase in compulsory share at the expense of the given things If the testator gave thing to a third party, the person entitled to a compulsory portion may require filling compulsory share on the amount by which to increase the proportion of its binding, if donated thing enters in succession. Gift not taken into account, if at the time of the opening of the inheritance after the transfer of the gift of the ten years.
Article 1138. The right to seek remedy in the share If the person entitled to obtain a compulsory share, bequeathed property that is less than half of the shares, which he would have received in succession under the Act, it may require the share which he received under the will share less than half of the shares, which he would have received in the inheritance by law.
Article 1139. Refusal to accept a compulsory share 1. The heir who is entitled to obtain a compulsory share may withdraw its acceptance, but it involves no increase in compulsory share other coparcener. His share passes to the heirs according to the Testament.
2. Adoption of a compulsory share or refuse it should be carried out within the time-limit fixed for acceptance of inheritance or renouncing it.
Article 1140. The deprivation of the right to obtain a compulsory share 1. The deprivation of the right to a compulsory share possible if there are circumstances which lead to deprivation of the right to inheritance at all.
2. deprivation of the right to obtain a compulsory share leaver can be produced during his life by going to court.
3. the decision made by the Court concerning exclusions obtaining compulsory share, operates since the opening of the inheritance. The same result occurs when a testator during his lifetime went to court, but the decision was taken after his death.
Article 1141. Move to a compulsory share percentage of heirs according to the Testament heir, deprived of the right to obtain a compulsory share passes to the heirs according to the Testament.
Section 7. Bequest Article 1142. The concept of the testator may entrust the performance of heir through inheritance in favour of one or more persons any obligations (bequest-legate) 1143. The subject of the bequest Subject bequest can be transfer to the recipient bequest (legatoriû) belonging to the estate of things in the ownership, use, or other proprietary right, acquisition and transfer of his property, which is inherited, the performance of specific work, provision of services, etc.
Article 1144. Use of dwelling based on the bequest
The testator may entrust the heir to which moving residential house, apartment or other premises, the obligation to refer to a person who has lived together with the making of at least one year before the opening of the inheritance rights of life use location or its specific part. During the subsequent transition of ownership right to housing lifetime use remains in force.
Article 1145. The inalienability of the right to life use of living accommodation 1. The right to life is inalienable use of living accommodation and is not transferred to the heirs of the recipient of the bequest.
2. The right to life use of living accommodation does not constitute grounds to stay in the premises of the recipient's family members bequest, if the will provides otherwise.
Article 1146. Limits the execution of the testamentary heir, whose refusal to enforcing bequest, must execute it within the actual value of the inheritance bequeathed to minus that part of the debts of the testator, the repayment of which he fell.
Article 1147. Execution of bequest other heirs if the heir charged with the execution of the bequest, died before the opening of the inheritance or renounce the inheritance duty execution bequest passes to other heirs, who received his share if wills otherwise.
Article 1148. Termination of execution bequest in the event of the death of the heir upon whom rests with execution of obligation bequest bequest execution terminates if execution is impossible without its participation.
Article 1149. Execution of the bequest in proportion to the percentage of inheritance where the execution of a bequest is assigned to several heirs, each of them performs its proportional to their share in the inheritance, unless the will provides otherwise.
Article 1150. Term of execution(performance) bequest Recipient bequest may require the execution of a bequest within the three-year limitation period, commencing from the date of opening of the succession.
Article 1151. Bequest when receiving a compulsory share When the heir by will, who is the execution of the bequest, has the right to receive compulsory share, he performs a bequest only within that part of the bequests, which he received in excess of the mandatory proportion.
Article 1152. The responsibility of the recipient of the bequest Recipient bequest is not liable for the debts of the testator.
Article 1153. Renunciation of testamentary bequest Recipient failure has the right to refuse to accept bequest. In this case, the corresponding share of inheritance remains the heir who would be the task of the bequest.
Article 1154. Exemption from execution of the bequest if the recipient of the bequest would abandon its adoption, heir to whom enforcing bequest, exempt from its execution.
Article 1155. The transition to the heirs of bequest if the recipient bequest died after the opening of the inheritance, but did not give their consent to adoption of the bequest, the right to receive this waiver shall pass to his heirs, who instead will bequest.
Article 1156. Bequest in socially useful purpose 1. The testator may entrust to the heir to the performance of any act in the socially useful purposes, which can have both a property and non-property character.
2. If the action in respect of the assets entrusted to apply the rules governing the bequest.
3. in the event of the death of the heir, who will charged with the Commission of any act in the socially useful purposes, fulfillment of this obligation passes to other heirs who inherit.
4. To demand that the heir to his execution may by a court executor and, if not, then any such heir, as well as the interested public and religious organization, Foundation, public authorities or bodies of local self-government.
Section 8. Change or cancellation of wills Article 1157. Possible changes to probate Testator can always change or Cancel will Testament: a) the compilation of the New Testament, he explicitly repealing previous Testament or its part which contradicts the new testament;
b) making statements in notarial body;
in all instances of the destruction) of wills the testator or his order-notary.
Article 1158. Inadmissibility of restoration undone probate Wills drawn up wills subsequently cancelled, cannot be restored even if the will made later overruled by submission of the application.
Article 1159. Several wills If the testator constituted several wills, but they are complementary and not entirely interchangeable, all wills shall remain in force. Previous Testament valid insofar as its provisions are not changed subsequent wills.
Article 1160. Priority of notarial wills 1. If one person amounted to several wills, of which only one is made in notarial form, the advantage goes to the bequest, compiled in notarial form.
2. Notarial Testament cannot be cancelled will some form.
Article 1161. Grounds for the recognition of wills void Testament becomes invalid if: (a)) a person in whose favour done will die before the testator;
b) bequests lost when the life of the testator or expropriated;
in) the only heir refuses acceptance of the inheritance.
Article 1162. Invalidity of probate 1. Testament is null and void if there are circumstances which lead to the invalidity of transactions at all.
2. Legacy with orders, contrary to law or to public interests, as well as conditions that are unclear or contradictory, are invalid.
3. The Testament may be declared by a court as invalid, if it is in violation of statutory regulations, as well as in such a condition when a person could not realize the value of its actions and guide it.
Article 1163. The invalidity of individual testamentary orders 1. Order wills, based on which the vocation to inheriting things, which is not in the inheritance-is invalid.
2. If someone is bequeathed a sum of money which is not present in ancestral property, probate is not valid.
3. Valid order wills that heir receives inherited or not for a certain period of time from the date of testator's death, and later, and also to specify the person to whom should go inheritance on the death of the heir.
Article 1164. Invalidity of testamentary disposition due to impossibility of its execution Order, which cannot be made heir for health or other reasons, may be deemed invalid at the suit of the heir.
Article 1165. Consequences of the invalidity of one of the testamentary orders if several testamentary orders null and void or lapsed one and the testator did not leave other orders, the remaining orders of probate shall remain valid.
Article 1166. Inheritance in case of intestacy, in the case of recognition of wills invalid heir, which deprived the Testament inheritance rights, the right to inherit on an equal footing.
Article 1167. Challenges to the validity of wills the validity of wills may be challenged by the heirs at law and other stakeholders on the circumstances entailing the nullity of the transaction.
Article 1168. Duration of action 1. A claim for the recognition of wills void may be brought within two years from the date of opening of the succession.
2. The period of limitation does not apply to the claim of the owner when the testator bequeathed incorrectly heir property as his own.
Section 9. Execution of wills Article 1169. The subjects of the execution of wills in the absence of instructions in the will his performance rests with the testamentary heirs. Heirs may by mutual agreement to entrust the execution of wills one or another person.
Article 1170. The appointment of an executor for the precise execution of the testamentary orders of the testator may designate one or more wills executor from among heirs according to the Testament, and another person who is not the heir. In the latter case, the consent of the executor, he must express the inscription on the Testament or codicil appended to the statement.
Article 1171. Refusal to perform probate executor may at any time renounce his testator duties as provisionally must warn heirs under a will.
Article 1172. Appointment of executor third person the testator may entrust the appointment of executor to a third person, which, after the opening of the inheritance shall immediately appoint an executor and inform the heirs. It may refuse to comply with this request, as also should report immediately to the heirs.
Article 1173. Execution of Wills Probate Executor completely or partially can be entrusted wills completely or specific orders.
Article 1174. Protecting and managing heritage executor is obliged since the opening of the inheritance to proceed to the conservation and management of heritage; He has the power to perform all actions necessary for the execution of wills. Within these powers heirs lose the right of stewardship.
Article 1175. Protecting and managing heritage multiple performers if the executor several, individual actions are only allowed in order to protect the inheritance, in other cases the consent between them.
Article 1176. Reimbursement of expenses for the execution of wills 1. Executor shall perform their duties freely, although it may receive remuneration, if any, provided for in the will.
2. Executor has a right to reimbursement from the inheritance of the necessary costs incurred for storage and management of property.
3. the contractor will, not an heir, may not produce other expenses from inheritance, except in cases envisaged by article 1244 of the present code.
Article 1177. Report of the Executive Director
After the execution of wills executor is obliged on demand of the heirs, to present the report on its activities. Executor performs its functions prior to the adoption of the inheritance of all the heirs.
Article 1178. Removal of executor In executing their duties performed by an interested person may apply to the Court demanding the removal of executor.
Article 1179. The responsibility of the executor if the executor intentionally or recklessly abandon execution of the tasks entrusted to him will the duties and this will cause damage to the heirs, he should be responsible for this damage.
Section 10. Acceptance of the inheritance and the abandonment of its adoption Article 1180. 1 acceptance of the inheritance. Heritage takes an heir, he heir at law or under a will.
2. Inheritance is deemed adopted heir when he makes to the notary of the place of the opening of the inheritance Declaration concerning acceptance of inheritance or actually begin to ownership or property management that undoubtedly testifies to the acceptance of the inheritance.
3. If the heir actually began to hold part of the inheritance, it is believed that he had inherited a fully what it was expressed and wherever they may be.
4. If one of the heirs to refuse taking share of inheritance in favor of another heir, such an action is deemed to be acceptance of the inheritance.
Article 1181. Acceptance of the inheritance as incompetent person to accept the inheritance can a competent person. Failed and partially incapacitated persons take heritage through their legal representatives.
Article 1182. Acceptance of the inheritance through the representative of the Heir can take the inheritance personally or through a representative.
Article 1183. The deadline for acceptance of inheritance Inheritance must be made within six months from the date of the opening of the inheritance.
Article 1184. The special term of inheritance acceptance if the right inheritance occurs when other heirs do not accept the inheritance, the inheritance should be taken during the remaining time of the deadline for acceptance of inheritance, and if this time is less than three months, it is extended to three months.
Article 1185. Extension of inheritance acceptance 1. The deadline for acceptance of inheritance may be extended by the Court, if he recognizes a good reason for delay. Upon expiry of the inheritance could be taken and without recourse to the Court, if it is agreed to by all the other heirs receiving inheritance.
2. In the case provided for in paragraph 1 of this article, the heir, delaying acceptance of the inheritance, its share of the property derived or other heirs passed into the ownership of the State, issued in kind from what remains; It takes also the sum of the cost of the rest of his property for themselves.
Article 1186. Inadmissibility of inheritance not Heir orders without the attendance of other heirs and came into ownership or management of heritage, is not entitled to dispose of the inheritance until the expiration of six months from the date of the opening of the inheritance or to obtain a certificate of inheritance, except expenses for care leaver on treatment during his illness and burial, the contents of which were dependent on the testator persons, payment of wages, protection and management of the inheritance.
Article 1187. The right to the income obtained prior to the initiation of a lawsuit if the heir at law, unaware of the existence of wills, inheritance, ownership began and heir by will didn't know about intestacy or if heirs and legatees were unaware of other closer heirs at law or about the existence of other wills, they have income derived from inheritance to claim; they may also require the entire capital invested in their inheritance.
Article 1188. Consequences of the exclusion of things from inheritance if the things included in the heritage, will be sold before the commencement of the dispute, the purchase and sale will be deemed valid and will remain in force, and the proceeds from the sale of things sum is transferred to the real heir.
Article 1189. Hereditary transmission if the heir has died after the opening of the inheritance, but prior to the adoption of the inheritance, the right to obtain a share of the inheritance shall pass to his heirs (hereditary transmission). The heirs of a deceased heir must accept the inheritance within the time remaining before the end of the acceptance of the inheritance. If it is less than three months, it should be extended to three months.
Article 1190. The consequences of failure of the inheritance of hereditary transmission 1. Failure to take the inheritance of hereditary transmission does not preclude the possibility of the heir to inherit the estate, which directly relied the deceased heir.
2. Unsubscribing property on hereditary transmission property passes to the persons responsible to receive inheritance along with the deceased heirs.
Article 1191. Inventory of inheritance Heir has the right to require an inventory of inheritance, which sets a two-month period, which is part of the total period for accepting inheritance.
Article 1192. The emergence of property inheritance adopted by succession shall be deemed the property of the heir with the opening of the inheritance.
Article 1193. The term waiver of acceptance of inheritance
An heir may refuse to accept the inheritance within three months from the date when he knew or should have known that he meant to them. If there is good reason this deadline may be extended by the Court, but not more than two months. Refusal to accept the inheritance should be registered at the notary office.
Article 1194. Impermissibility of partial acceptance of the inheritance 1. It is not allowed to accept the inheritance or renouncing it partially under any condition or for any period.
2. If the heir renounces part of the inheritance or about any condition, it is believed that he renounced the inheritance.
Article 1195. The refusal of the heir from taking agricultural land Heir, not engaged in agriculture, may refuse to accept the land, equipment, tools and livestock for agricultural purposes, but it is not considered a waiver of acceptance of inheritance at all.
Article 1196. The adoption of several shares of inheritance If for various reasons a few shares of reliant heir inheritance, it can take one and abandon the other either relinquish all share.
Article 1197. Waiver of part inheritance Heir has the right to refuse part of the inheritance which belongs rightfully to him increments, despite the rest of the inheritance.
Article 1198. Refusal in favour of others Heir may refuse to accept the inheritance in favor of other persons from among the heirs at law or under a will. Invalid Disclaimer of inheritance in favor of a person recognized unworthy heir or deprived of his rights of inheritance as a direct indication of wills. Such a refusal may be appealed in the Court of the other heirs.
Article 1199. Increment percentage when refusal of inheritance if the heir has refused the inheritance, but not stated, in whose favour he refused, his share is added to the percentage to inheritance of heirs according to the law, and if all the inheritance is distributed will, to share the heirs according to the Testament and is divided between them in proportion to their shares if the will provides otherwise.
Article 1200. Disclaimer the sole heir of the inheritance If the heir renounced the inheritance is sole heir among the heirs of this queue, the inheritance shall pass to the heirs of the next queue.
Article 1201. Refusal in favour of the few heirs if the heir renounces the inheritance in favor of several persons, it may indicate the share of each of them. In the absence of such a specification, its share is divided equally among heirs, in favour of which was lodged with the refusal to accept the inheritance.
Article 1202. Renunciation of inheritance in favour of grandchildren refusal of inheritance in favor of his grandson (granddaughter), if on the day of the opening of the inheritance will not be alive to its parent, which was supposed to be the heir of the testator, or if your grandson is the successor of the bequest.
Article 1203. Inadmissibility waiver acceptance of inheritance from the Treasury coffers may not refuse to accept jumping to her inheritance.
Article 1204. Inadmissibility waiver after making statements in the notarial body not allowed rejection of inheritance after heir introduced in notarial body at the place of the opening of the inheritance Declaration concerning acceptance of inheritance or that the certificate of inheritance.
Article 1205. The irreversibility of renunciation of inheritance 1. Statement by the heir of renunciation of inheritance acceptance is irreversible.
2. If the heir is a failed or partially capable person, renunciation of inheritance is allowed with the permission of the Court.
Article 1206. Failure to actual possession of the inheritance Heir actually came into ownership or management of heritage, within the time established for acceptance of inheritance, may refuse to accept the inheritance, what should apply to a notary organ.
Article 1207. Go right to refusal of inheritance 1. Right to refuse inheritance passes by inheritance.
2. If the heir died before the expiration of the time prescribed for renunciation of inheritance, this period does not end before the expiration of the time remaining after the death of the heir.
3. each of the several heirs of the deceased heir may refuse only from its hereditary share.
Article 1208. Refusal to accept the inheritance, through the representative of renunciation of inheritance through the representative is possible if the order (power of attorney) specifically provided for the refusal of permission.
Article 1209. The deadline for contesting the refusal of acceptance or renunciation of inheritance can be challenged within two months from the date when the person concerned has learned that there is a basis for this.
Article 1210. The legal consequences of acceptance of inheritance legal consequences of acceptance or renunciation of inheritance acceptance occur since the opening of the inheritance.
Section 11. Partition of inheritance Article 1211. The notion of Partition of inheritance shall be made by agreement of the heirs, inheritance, according to makers share due to each of them by law or by a will.
Article 1212. Definition of testator comment section inheritance Leaver can determine the order of inheritance section will, inter alia, to entrust the inheritance section to a third party. Decision of the third person is not necessarily for heirs, if it is manifestly unfair. In this case, the section will be accorded on the decision of the Court.
Article 1213. The allocation of the share of inheritance in kind
Each heir may require their share in kind from both movable and immovable property, if such allocation may or may not be prohibited by law.
Article 1214. Gift set-off in a fraction of the heir when the topic of inheritance in proportion of each heir counts cost of property received as a gift from the testator within five years prior to the opening of the inheritance.
Article 1215. Sale of inheritance by agreement under the agreement allowed coparcener coparcener sale total inheritance and distribution of money among heirs according to their shares.
Article 1216. Move inheritance to one sonasledniku under the agreement has been deducted can move entire inheritance to one sonasledniku, which, in turn, is obliged to pay the other sonaslednikam appropriate compensation.
Article 1217. The suspension section inheritance joint-heirs may agree that the section of the inheritance was suspended for some time.
Article 1218. Share ownership on the indivisible property If the agreement of all the heirs, receiving an inheritance, property, unless otherwise provided, the Division which would result in the loss or weakening of its purpose, is not subject to section and becomes the common property of the heirs of their shares, respectively.
Article 1219. The section between the heirs of agricultural land 1. If the owner of agricultural land, on which the farm, left him by will multiple heirs or the Testament was not left and there are several heirs according to the law, agricultural land with hosted it peasant farming can be divided between heirs, if he as a result section to each of the heirs to the land plot ensures the existence of a viable economy.
2. Section is permitted only if the heirs themselves are going to farm. If none of the heirs do not wish to farm on their land agreement with hosted it management can be sold, and the heirs will get their share of the money.
Article 1220. Inadmissibility section agricultural land agricultural land if the section is not possible, the land should be given to the heir, who lived in farms and along with leaver led economy; If there is no heir to who is capable and has a desire to farm.
Article 1221. Compensation proportion of Heir, which cannot get land, receives an appropriate share of other property, and if other equipment is not enough appropriate compensation in accordance with the established procedure.
Article 1222. Share in the inheritance of the heir because 1. If the heir is conceived but not yet born, section is possible only after the birth of such an heir.
2. If conceived but not yet born heir is born alive, the rest of the heirs have the right to divide the inheritance only he allocation percentage. In order to protect the interests of the newborn to participate in section its representatives should be invited.
Article 1223. Laying the debt to one of the heirs To the agreement allowed coparcener laying full recovery of all debt obligations on one of the heirs with granting him instead, respectively, increased the share of the inheritance.
Article 1224. The obligation to ensure that the proportion of Each sonaslednik must ensure that the other co-heirs of the respective shares. When sonaslednik from the Division acquires the right requirements, other joint-heirs should contribute to the solvency of the debtor at the time of the partition of its shares respectively, and if the term of fulfillment of such obligations not yet due, upon performance of the obligation.
Article 1225. A proportionate decrease in the percentage of the population if it turns out that the combination of certain Wills shares exceeds the entire inheritance, the share of each heir is reduced proportionally.
Article 1226. Consideration of disputes when the property in the absence of agreement between the co-heirs in the inheritance section, the dispute shall be settled by the Court when dividing property must take into account the nature of the subject to the Division of property, each of the co-inheritors and other specific circumstances.
Article 1227. The right to dispose of shares 1. Each sonaslednik can dispose of his share of the inheritance. A contract by which one of the co-inheritors disposes of his shares, must be certified by a notary public.
2. Sonaslednik can not dispose of separate subjects from its share.
3. When a fellow-heir disposal its share of other joint-heirs have the right of primary purchase. The right of primary purchase must be made within two months. This right passes by inheritance.
Article 1228. Termination of the right of primary purchase Right for primary purchase shall terminate upon transfer of sonasledniku Article 1229. Satisfaction with the credits upon transfer of shares in case of alienation of shares to the acquirer shall acquire the duty to satisfy the creditor's claim on the size of the acquired shares.
Article 1230. Proportion equation
The heirs to the inheritance, shall be obliged for the equation of their shares prior to the partition of inheritance among themselves counted among the inherited all that they got from the testator during his lifetime as a separation of the assets of the parents if the testator does not provide otherwise.
Article 1231. Effects of disposals descendant If prior to the opening of the inheritance or after its opening left descendants that as heir would have been obliged to call share the obligation equation share is vested in the heir, which must get its share.
Article 1232. Accounting for the special contribution in the equation a descendant (a relative of the descendant), who through their work in the family economy, participation in professional and commercial activities of the testator, the substantial expenditure on their part or otherwise made a special contribution to the preservation and augmentation of the testator's property, when the property of the testator shall have the right to demand equations with relatives who are with him are considered heirs at law and require inheritance.
Article 1233. Inadmissibility of demand equation equation Requirement may not be the case if a relative for services received a fee or remuneration was determined in advance or relative based on rendered services may bring any requirement on other legal grounds.
Article 1234. The requirement for equitable distribution of 1. The equation should happen fairly accordingly extended services and the amount of the inheritance.
2. The sum of the equation under section property is subtracted from the total amount of the inheritance and is added to the percentage eligible co-inheritor requirements equation.
Article 1235. The duty to ascertain the whereabouts of the heir if heirs there are persons whose whereabouts are unknown, the remaining heirs must take reasonable measures to establish their whereabouts and calling them.
Article 1236. Consequences of non-appearance of the heir to the 1. If the intended heir to inherit, which is not in place, but its location is established, within a period of three months would not renounce the inheritance, the remaining heirs must tell him of its intention to split the inheritance.
2. If such an heir within three months after the notice does not inform the remaining heirs of their wish to participate in the agreement on the Division of property, the other heirs are entitled by mutual agreement to divide property and allocate the share is not on site.
3. If, within a period of six months after the opening of the inheritance, the whereabouts of the missing heir is not installed and no information on refusal of acceptance of inheritance, the remaining heirs entitled to divide the property in the manner prescribed by paragraph 2 of this article.
Article 1237. Right of priority Heirs having, together with the making of the right of common ownership of property, have a preferential right to inheritance of property in common ownership.
Article 1238. Preferential right to obtain an apartment house When dividing property heir who is not less than one year before the opening of the inheritance stayed with leaver has a priority right to receive from the inheritance of a dwelling house, apartment or other dwelling, as well as household items.
Article 1239. Accounting of property interests of heirs in the exercise of the preemptive right shall be provided with property rights other heirs involved in the inheritance section. If the property is not enough to get them to share the heirs relying on exercising the preferential right shall give them relevant monetary or property compensation.
Article 1240. Installment of on-demand compensation heirs, exercising the preferential right, the Court has the right to spread out compensation in view of its length, but not more than ten years.
Section 12. Satisfaction of creditors, heirs Article 1241. Responsibility of the heirs to the creditors 1. The heirs are required to fully satisfy the interests of creditors of the testator, but in proportion to the percentage of each asset received.
2. If the testator to revert to the heirs of debts has been supportive by the debtor heirs jointly and severally bear liability.
3. Responsible for the debts of the testator are mandatory and received a share of the heirs.
Article 1242. The burden of proof, the heir must prove that the testator's debts exceed the inheritance, unless the inheritance was described by a notary.
Article 1243. Laying on paying the debt on the heir to the testator may entrust the debt repayment in whole or in part to one or more successors.
Article 1244. The obligation of communication to the creditors about the opening of the inheritance of Heirs of the testator's creditors must report on the opening of the inheritance, if they knew about the debts of the deceased.
Article 1245. The deadline for submission of claims of creditors 1. Creditors of the testator within six months from the date they became aware of the opening of the inheritance, must claim the heirs who inherit, regardless of maturity requirements.
2. If creditors heirs did not know about the opening of the inheritance, they should claim the heirs within one year from the date of maturity requirements.
3. failure to comply with these rules will result in the loss of creditors claims.
Article 1246. Application of the General Statute of limitations
1. the term of presentation of creditors shall not apply to the requirement for costs associated with the care and treatment during the last illness of the testator, the issuance of wages, funeral, conservation and management of heritage, as well as the requirements of third parties on the recognition of the ownership of property and the discovery of contingent-owned equipment.
2. In respect of claims referred to in paragraph 1 of this article, the general limitation periods.
Article 1247. Postponement of the due date if the request was presented by a creditor until maturity, the heir is entitled to defer the execution until maturity. With the onset of period creditor shall have the right to require performance during the General period of limitation.
Article 1248. The advantage of the testator's creditors In satisfaction of the requirements of the testator's creditors take precedence over creditors of the heir.
Article 1249. The responsibility of the Treasury before the creditors when you move to a Treasury assets without heir, she is responsible for the debts of the testator in the same way as heir.
Article 1250. The effects of inheritance by the creditor If the testator bequeathed his property to the creditor, then it cannot be considered as a set-off rights of the creditor.
Article 1251. Order of satisfaction of creditors, heirs must satisfy the claims of creditors by one-time payments, unless the agreement provides otherwise between them.
Section 13. Protection of inheritance Article 1252. The concept For the protection of the interests of the absent heirs, recipients in situ bequest and public interests the notary of the place of the opening of the inheritance on the initiative of the interested persons, executor or on its own initiative, take the necessary measures to protect the heritage that continues until the acceptance of the inheritance of all the heirs or the deadline for acceptance of inheritance.
Article 1253. The duty of the notary of inheritance protection authority If the inheritance or its part is not located in the place of the opening of the inheritance the notary authority authorizes the notary authority at the location of the property to take measures for the protection of the property.
Article 1254. Seizure of property with a view to protecting the assets of the notary authority describes the heritage preservation and the heir or other person taking action to search for heirs who are not in the place of the opening of the inheritance.
Article 1255. The appointment of an administrator of the property If the property needs of the Office, as well as when creditors of the heir sued, notary authority appoints an asset manager. The manager shall not apply if at least one of the heirs took property or appointed executor.
Section 14. Certificate of inheritance, Art. 1256. Concept 1. Recognized heirs may demand from the place of opening of the inheritance the notary authority of a certificate of inheritance.
2. In cases provided for by law, obtaining the certificate of inheritance is obligatory.
Article 1257. The deadline for the issue of a certificate of inheritance, a certificate of inheritance of heirs issued six months after the date of the opening of the inheritance at any time. Certificate of inheritance issued six months earlier if the notary authority is aware that apart from persons seeking evidence, there are no other heirs.
Article 1258. Agreement to amend the certificate of heirs, not inheritance within the term established by law, may be made in the certificate of inheritance with the agreement of all the heirs, who accepted the inheritance. Consent must be expressed in writing prior to the issuance of the certificate of inheritance.
Article 1259. Issue of a certificate of inheritance to heirs if the heir to the heir for acceptance of inheritance will die after the opening of the inheritance, without having had time to accept it within the prescribed time limit, his heirs may obtain a certificate of inheritance, property, remaining after initial death of the testator.
Article 1260. The issuance of a certificate of inheritance sonaslednikam about inheritance Certificate can be granted as to all heritage, and part of it. The certificate is issued as all heirs together or individually on a voluntary basis. Issuance of a certificate of inheritance, one of the heirs to one part of the inheritance does not deprive the other heirs the right to obtain a certificate for the remainder of the inheritance.
July 17, 1998 No. 294-I
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