Comment to the articles of Paragraph 7. Rental of vehicles of Chapter 29 Property Lease Agreement of the Civil Code of the Republic of Kazakhstan

7.1. Rental of vehicles is regulated by § 5, Chapter 29 of the Civil Code (Articles 585-594 of the Civil Code). These regulations primarily regulate the rental of a vehicle with a crew (temporary chartering). The subject of the contract includes, in addition to the provision of a vehicle as such, the provision of services for its management and technical operation (paragraph 1 of Article 585 of the Civil Code). The rental object can be both cars and other vehicles - air, sea, river vessels, etc.  

The Code establishes that the specifics of renting certain types of vehicles with the provision of management and technical operation services may additionally be established by legislative acts. Such acts primarily include legislative acts on transport.  

Renting a vehicle without providing management and maintenance services (renting vehicles without a crew) is subject to the general provisions of the property lease agreement (art. 594 of the Civil Code).  

7.2. The specifics of a vehicle rental agreement with a crew is that the rules of Chapter 29 of the Civil Code on the tenant's pre-emptive right to renew the lease agreement and to renew the lease agreement for an indefinite period (Articles 557 and 558 of the Civil Code) do not apply to a vehicle rental agreement with a crew (paragraph 2 of Article 585 of the Civil Code); the requirement is established on the mandatory written form for this type of contract, regardless of the term (Article 586 of the Civil Code). A special feature of this type of lease is also the possibility of the lessee, without the consent of the lessor, to conclude agreements with third parties on the use of a vehicle (art. 591 of the Civil Code).  

7.3. Maintenance of the vehicle and its operation. The vehicle lease agreement regulates the legal relations of the parties regarding the maintenance of the vehicle and its operation in more detail than with other types of leases. In particular, the lessor is obliged to maintain the proper condition of the leased vehicle during the entire term of the contract, including carrying out routine and major repairs and providing necessary accessories (art. 587 of the Civil Code). In addition, the responsibilities of the lessor for the management and technical operation of the vehicle are established. The scope of services provided to the lessee by the lessor for the management and technical operation of the vehicle must ensure its normal and safe operation in accordance with the rental objectives specified in the contract. A lease agreement for a vehicle with a crew may provide for a wider range of services provided to the lessee (paragraph 1 of Article 588 of the Civil Code).  

There are special regulations in the Civil Code regarding the crew of a vehicle (paragraphs 2, 4 of Articles 588 of the Civil Code); regarding liability for damage caused to a vehicle (Article 592 of the Civil Code) and liability for damage caused by a vehicle (Article 593 of the Civil Code).

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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.