Commentary to article 182. Suspension of the limitation period of the Civil Code of the Republic of Kazakhstan
Suspension of the running of the limitation period means that the running of the limitation period, which has already begun, temporarily stops its movement until an obstacle has arisen and persists, after which the running continues. The time period that elapsed before the suspension is added to the subsequent time.
The circumstances serving as grounds for suspending the limitation period are indicated in the commented article in an exhaustive manner.
Part 2 of paragraph 1 of the commented article provides for the conditions for suspending the listed circumstances: they must necessarily cover the last six months of the statute of limitations or any part of them. To do this, these circumstances either arise at some point in the last six months or, having arisen earlier, continue to persist until a part of the last six months is covered. If the circumstances mentioned in the commented article occur during the limitation period and cease before reaching the last six months, they do not affect the calculation of the limitation period (for example, if force majeure appeared in the second year after the beginning of the 3-year limitation period and lasted for 2 years). months, then it has no suspending value).
The concept of force majeure, given in the commented article, is also used in cases of exemption from property liability for causing harm and violation of obligations. Force majeure is an event that makes it impossible to file a lawsuit. Most often, an irresistible force is a natural disaster (earthquake, hurricane, flood, etc.).
The presence of the plaintiff or defendant in military units serves as a basis for suspending the limitation period only if the military unit in which the plaintiff or defendant is serving has been transferred to martial law. The military service of the plaintiff or the defendant does not normally suspend the running of the statute of limitations, but may be taken into account when assessing the validity of the reason for the omission of the statute of limitations.
The suspension of the limitation period when a victim applies to the competent authority for a pension or benefit due to injury or death covers the period from the moment of filing the application until the competent authority makes a decision on the appointment of benefits or pensions or on the refusal of their appointment.
After the termination of the circumstance that caused the suspension of the limitation period, the remaining part of the limitation period is extended to six months. If the shortened limitation period has been suspended (for example, the 2-month period under Article 375 of the Civil Code of the Kazakh SSR), then the remaining period is equalized with this period itself, that is, after the suspension, the shortened limitation period, established within six months, is calculated anew.
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
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.
