CIVIL LAW Objects of Civil

Objects of Civil Relationships

Objects of Civil Relationships
Types of goods
in civil law:
movable and immovable property
Immovable property: land lots,
buildings, structures, perennial
plantations and any other
assets which are strongly fixed
to the ground, i.e. objects,
displacement of which is
impossible without
unreasonable damage
to their designation.
Proprietary rights for
immovables shall have legal
force only after their
registration with registration
bodies (Law on registration
of rights for immovables and
transactions related thereto
dated July 26, 2007)
Objects, which are
not immovable property,
shall constitute movables.
Also air and sea vessels, vessels
of domestic water travel, vessels
of river-sea sailing and cosmic
objects, which are subject
to state registration shall be
equaled to immovable property.
Registration of rights for
movable property is not
required except cases provided
for by laws (Law on registration
pledge of movable property
dated June 30, 1998)

Objects of Civil Relationships
Types of goods
in civil law:
divisible and indivisible property
Divisible property shall be
assets, part of which do not lose
their designation (functions)
as a result of division.
Indivisible property shall be
property, which may not be divided
without changing its economic
designation (functions) or shall not be
divided by virtue of a prescription
of legislative act.

Objects of Civil Relationships
Compound and simple objects:
If heterogeneous objects form a single unit, which permits its use in accordance with its designation, determined by the nature of combining, then they shall be deemed to be one item (compound object).
The effect of a transaction which is concluded with regard to a compound object shall apply to all its constituent parts, unless the agreement provides otherwise.
Example: bedroom suite (спальный гарнитур).

Objects of Civil Relationships
Principal object and its accessory object:
An accessory, that is an object, which is intended to serve the principal object and which is tied to it by joint economic designation, shall follow the destiny of the principal object, unless laws or agreement provide otherwise.
Example: mobile and charger.

Objects of Civil Relationships
Fruit, Production and Income
(Плод, продукция, доходы):
Income obtained as a result of using assets (fruit, production, income) shall belong to the person who uses those assets on a legal basis, unless it is otherwise provided for by laws or agreement on use of this asset.

Objects of Civil Relationships
Animals:
General rules concerning objects shall apply to animals in so far as legislation does not provide otherwise.

Objects of Civil Relationships
Circulability of objects of civil rights:
Objects, not restricted from civil turnover: objects of civil rights may be freely alienated or transferred from one person to another in the course of the universal legal successorship (inheritance, reorganization of a legal entity) or by any other method, unless they are exempt from circulation or restricted in their turnover.
Objects, restricted to be circulated: the types of things which may belong only to specific participants in circulation, or those, acquisition and alienation of which is allowed only upon special-purpose permission, shall be determined by legislation (for example, weapon).
Objects exempt from civil circulation: the types of things, which are exempt from civil circulation, shall be expressly indicated in laws (for example, fake moneys).

Objects of civil rights
Monetary unit of the Republic of Kazakhstan is tenge.
Tenge shall be legal means of payment, which is obligatory for acceptance in accordance with its nominal value within the entire territory of Kazakhstan.
Payments in Kazakhstan shall be effected in the form of cash and non-cash payments.
Cases, procedure and conditions of payments in foreign currency in Kazakhstan shall be determined by laws of Kazakhstan (i.e. Law on currency regulation and currency control dated June 13, 2005).
Article 282 of the RK Civil Code: Monetary obligations on the territory of Kazakhstan shall be expressed in tenge. Use of foreign currency and also of payments documents in foreign currency when carrying out payments on obligations within the territory of Kazakhstan shall be allowed in the cases and under the conditions provided for by laws.
Joint Letter of the RK Ministry of State Revenue dated February 11,2002 and the RK National Bank dated February 5, 2002: Residents of Kazakhstan when entering into agreements between each other shall indicate their obligations only in tenge and shall not be entitled to determine an amount of monetary obligations for sale of goods (works, services) in the equivalent to the foreign currency.

Objects of civil rights
Features of personal non-proprietary rights:
Non-proprietary character;
Orientation at individualization of personality;
Absolute character;
Inalienability and impossibility of transfer.

Personal non-proprietary rights
Personal
non-proprietary
rights directed at
physical welfare of
personality
Personal
non-proprietary
rights directed at
individualization
of personality
Personal
non-proprietary
rights directed at
autonomy of personality
in the society
Right to life,
right to health,
right to favorable
environment,
right to freedom and
personal inviolability,
right to receipt of
qualified medical
assistance,
other rights
Right to name,
right to authorship,
right to protection of
honor, dignity and
business reputation,
right to own image,
right to inviolability
of composition,
other rights
Right to inviolability of
private life, right to
inviolability of housing,
right to protection of
personal and family
secrets, right to secrecy
of correspondence,
phone conversations,
postal and other messages,
other rights.

Protection of personal
non-proprietary rights
Person, whose personal non-proprietary right is violated, shall, in addition to measures provided for by Article 9 of the RK Civil Code, have the right to compensation of moral damages in accordance with rules of the RK Civil Code.
Protection of personal non-proprietary rights shall be carried out by the court in accordance with the procedure set forth in the civil proceedings legislation.
Personal non-proprietary rights shall be protected regardless of fault of a person, who violated these rights, unless otherwise is provided for by the RK Civil Code.
Person claiming protection shall demonstrate evidences of the fact of violation of his/her personal non-proprietary rights.