Comment to the article 7. Grounds for the emergence of civil rights and obligations of the Civil Code of the Republic of Kazakhstan  

The article lists the grounds on which Civil rights and obligations arise, i.e. civil legal relations arise. For the same reasons, civil law relations may be changed or terminated. These grounds are commonly referred to as legal facts in the legal lexicon.

The list of legal facts mentioned in the commented article is not exhaustive. Since one of the basic principles of civil law is the freedom of subjects of legal relations ("everything is allowed except what is directly prohibited by law"), they can create civil rights and obligations for themselves, i.e. enter into civil relations by their actions that are not directly named by the commented article, but are not prohibited by law.. For example, sponsorship is not explicitly named by the law, but it is not prohibited by it either. Therefore, sponsorship can generate civil rights and obligations.

The legal facts listed in the commented article, depending on the mechanism of their impact on legal relations, are usually divided into several groups: actions of participants (including future ones), actions of third parties, events.

The actions of the participants may be lawful or unlawful. Lawful actions are aimed at the emergence of mutual legal relations. These are transactions (see the commentary to Art. 147 of the Civil Code), including contracts. The commented article talks about transactions (contracts) both directly provided for by law (for example, purchase and sale, contract, transportation, etc.) and not provided for.  

Legitimate legal facts may be actions that are not directly aimed at achieving a legal result, but generate it by virtue of the rules established by law - for example, building a house, writing a book, creating an invention.

Legal relations may also arise due to the deliberate actions of third parties. This is usually an administrative act (for example, the transfer of property by the state owner from one state institution to another). Acts of the same kind include court decisions of title. The peculiarity of this type of legal facts lies in the fact that third parties, whose volitional actions generate civil relations, themselves are not and do not become their participants.

Actions that give rise to civil relations may be unlawful, i.e. directly prohibited by law. In this case, as a rule, legal relations arise that are not desirable for the subjects who commit the actions, nevertheless imposing on them the obligation to make amends for the damage caused to other persons. For example, damage to someone else's property or its unlawful retention.

The commented article finally refers to legal facts as events, i.e. circumstances that do not arise according to the will of the participants. First of all, natural facts should be mentioned here (death of a person, a fire caused by lightning, which generates the obligation to pay the cost of insured burnt property, natural disasters, etc.). An objective event for the participants in the legal relationship may be the action of other persons (intentional arson of a house by an unauthorized person is an unlawful act for the arsonist's legal relationship with the injured owner of the house and an event for the legal relationship of the owner of the house with the insurance company).

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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.  

Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.

Deputy head Professor Basin Yu.G.