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Home / Codes / Article 31. Exclusive jurisdiction of the Civil Procedure Code of the Republic of Kazakhstan

Article 31. Exclusive jurisdiction of the Civil Procedure Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 31. Exclusive jurisdiction of the Civil Procedure Code of the Republic of Kazakhstan

     1. Claims for rights to land plots, buildings, premises, structures, and other objects firmly connected to land (immovable property), for the release of immovable property from seizure, for foreclosure on mortgaged immovable property, for termination or invalidation of the pledge agreement for immovable property are filed at the location of these objects.

     If the real estate objects are located in different localities, the claim is filed in court at the location of one of the objects.

     If the real estate objects are located on the territory of the same locality, the claim is filed in court at the location of one of the objects.

     2. The claims of creditors of the testator brought against the heirs, the executor of the will (the trustee of the inheritance), are subject to the jurisdiction of the court at the location of the inherited property in accordance with the rules established by the first part of this article.

     3. Claims for recognition as an unworthy heir, recognition of an inheritance as extortionate, extension or restoration of the deadline for accepting an inheritance, or renunciation of an inheritance are filed at the place where the inheritance was opened.

     4. Claims against carriers arising from contracts for the carriage of goods, passengers or baggage are brought to court at the location of the carrier (transport organization, individual entrepreneur).

     5. Claims for damages caused by a violation by a foreign State of the jurisdictional immunity of the Republic of Kazakhstan and its property are filed with the court at the location of the plaintiff, unless otherwise provided by an international treaty ratified by the Republic of Kazakhstan.

 

 

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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The court of cassation instance, if the case is considered in an illegal composition of the court or in violation of the rules of jurisdiction, is obliged to cancel both the decision of the court of first instance and the decision of the court of appeal and send the case for a new hearing to the appropriate court of first or appellate instance in a different composition of judges.

The court of cassation instance, if the case is considered in an illegal composition of the court or in violation of the rules of jurisdiction, is obliged to cancel both the d...

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