Response to the notification of unilateral termination of the agreement
To the Director of "Trade and Entertainment" LLP
Domillion Center" And G.K.
BIN
the city of Almaty, Ryskulova V.
from: IP "M N" represented by the head of M N M
IIN:
The city of Almaty, district 143.
Answer
on notification of unilateral termination of the contract
On 01.01.2024, a Lease Agreement No. 31 was concluded between me and the Limited Liability Partnership Domillion, where the subject of the agreement is the Partnership gives me temporary possession and use (lease) of a part of the boutique Premises No.B2-16+B2-16/2 Block B2, with a total area of 158 sq.m. located on the 2nd floor of the Shopping Center "Domillion."
The above relations correspond to Articles 151, 581, 582 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized). The lease agreement for a building or structure is concluded in writing by drawing up a single document signed by the parties. Failure to comply with the form of the lease agreement for a building or structure entails its nullity.
However, on November 23, 2024, I received from you a Notification of Unilateral termination of the contract for ext. No.096 dated November 18, 2024, where you motivate the unilateral termination of the contract by subparagraph 5, paragraph 5 of the Lease Agreement for No. 31 dated 01.01.2024, which provides that the Contract may be terminated unilaterally on the initiative of either party, provided that a written notice of termination is sent no later than 30 calendar days before the date of the upcoming termination.
392 of the Civil Code of the Republic of Kazakhstan, when interpreting the terms of a contract, the literal meaning of the words and expressions contained therein is taken into account. The literal meaning of a contract clause, in case of ambiguity, is established by comparing it with other terms and the meaning of the contract as a whole.
I would like to note sub-clauses 2,3,4 of clause 5.1 of the Lease Agreement on the part of the Tenant, there was no violation of the terms of the Lease Agreement for termination of the contract and the non-residential commercial premises are used for their intended purpose with timely monthly lease payments.
In accordance with Article 8 of the Civil Code of the Republic of Kazakhstan, the exercise of civil rights should not violate the rights and legally protected interests of other subjects of law.
Citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs, as well as the rules of business ethics.
This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
Actions of citizens and legal entities aimed at harming another person, abuse of the right in other forms, as well as the exercise of the right in contradiction with its purpose are not allowed.
Thus, it is not clear to me which essential terms of the Lease Agreement I violated in order to terminate the contract, since I consider subparagraph 5 of the Lease Agreement to be categorically contrary to subparagraphs 2,3,4 of paragraph 5.1 of the Lease Agreement. And I think you are taking advantage of your dominant position by abusing the bonded norms of the contract, which contradict Civil law.
Whereas in paragraph 4. of the Civil Code of the Republic of Kazakhstan, civil relations may be regulated by customs, including business practices, if they do not contradict the civil legislation in force on the territory of the Republic of Kazakhstan.
A violation of an obligation is understood as its non-fulfillment or improper fulfillment, which contradicts Article 349 of the Civil Code of the Republic of Kazakhstan, which is unacceptable according to Article 272 of the Civil Code of the Republic of Kazakhstan.
Thus, we express our disagreement with the Notification of Unilateral Termination of the contract for issue No. 096 dated November 18, 2024.
Being a decent and responsible person, I, as a Tenant, have never refused to fulfill my Contractual obligations to the Landlord. However, you are not undertaking any constructive dialogue to resolve the current situation. To date, I have been fulfilling all the clauses of the agreement in good faith, however, you have been abusing the clauses of the agreement and the norms of legislation for your own unscrupulous selfish purposes.
We consider the arguments in favor of unilateral termination of the contract to be unsubstantiated and unjustified from the point of view of relevance and admissibility as evidence in accordance with art. 68 of the CPC RK, each evidence is subject to assessment taking into account relevance, admissibility, reliability, and all the evidence collected together sufficiency to resolve a civil case – in this case, I observe the unreasonableness of the claim and Slander against me from other tenants and some employees of the shopping center administration.
In accordance with Article 8 of the CPC, everyone has the right to apply to the court for protection of violated or disputed constitutional rights, freedoms or protected interests.
With respect,
IP "M N"
___________/M N M
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