Commentary to article 20. Property responsibility of a citizen The Civil Code of the Republic of Kazakhstan
The commented article regulates only one of the sides of the property responsibility of a citizen, establishing the rule that citizens are responsible for their obligations with all their property. Other aspects of a citizen's property liability are determined by other norms of civil law, in particular, Chapter 20 of the Civil Code on liability for breach of obligations.
The property of a citizen, to which he is responsible for his obligations, includes all movable and immovable property, including property rights and binding claims, in particular, deposits in banks, funds in stocks and bonds, property rights to land plots, with the exception of property that cannot be levied by law.
The procedure for foreclosing on citizens' shares in the property of partnerships has a number of special features. Thus, by virtue of Article 69 of the Civil Code, foreclosure on a participant's share in a full partnership for his personal debts is allowed only if there is a shortage of his other property to cover debts. The above applies to the limited partnership.
Foreclosure on the share of a citizen participating in limited and additional liability partnerships for his personal debts is not allowed. If the property of a participant in limited and additional liability partnerships is insufficient to cover his personal debts, creditors may require allocation of the debtor participant's share in accordance with the established procedure (art. 83 of the Civil Code).
A citizen is liable for his obligations both with property belonging to him personally and with shares belonging to him in common property. According to art. 222 of the Civil Code, the creditor of a participant in shared or joint ownership, if the latter has insufficient other property, has the right to demand that the debtor's share of the common property be allocated for foreclosure.
The specifics of imposing foreclosure on the property of a citizen who is an individual entrepreneur in case of bankruptcy are defined by art. 21 of the Civil Code.
The list of citizens' property on which foreclosure cannot be levied, as well as the order and sequence of foreclosure, are determined by the CPC.
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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.
