Property law 1

1.

Lecture 1
Doszhan Kassymbekov

2. Introduction to the property law

Property law is one of the fundamental institutions of civil law in the Republic of
Kazakhstan. It regulates legal relations connected with things and establishes who has
the right to possess, use, and dispose of property. Property law forms the legal
foundation of ownership, economic activity, and everyday life, and therefore occupies
a central place in the system of private law.
In Kazakhstan civil law, property rights are understood as rights to things that are
exercised directly by the right holder and are protected against an unlimited number
of third parties. This means that everyone is obliged to respect another person’s
property right and to refrain from unlawful interference. Because of this feature,
property rights are described as absolute rights. This distinguishes them from
obligations and contractual rights, which arise only between specific persons.

3. Introduction to the property law

The legal basis of property law in Kazakhstan is the Civil Code of the Republic of
Kazakhstan. The Civil Code establishes the general concept of property rights,
defines their types, determines the objects of such rights, and provides rules on
acquisition, exercise, and protection of these rights. Property law in Kazakhstan is
based on the principles of inviolability of property, equality of participants in civil
relations, and protection of ownership.

4. Introduction to the property law

The content of property rights traditionally includes three basic elements:
possession, use, and disposal. Possession means actual control over a thing. Use
means the ability to derive useful properties from the thing, such as living in a
house or using machinery in production. Disposal means the right to determine
the legal fate of the thing, including selling, gifting, leasing, pledging, or
otherwise transferring it to another person. These elements together define the
scope of powers of the right holder.

5. Introduction to the property law

The most important type of property right is ownership. Ownership is the most complete
property right and gives the owner full authority over the thing, within the limits established by
law. The owner may freely possess, use, and dispose of the property, unless such actions violate
the law or the rights of others. In Kazakhstan, ownership may belong to individuals, legal
entities, or the state. Ownership can also be shared, when several persons jointly own one
object.
In addition to ownership, Kazakh law recognizes limited property rights. These rights do not
provide full authority over a thing but allow the holder to exercise specific powers. Examples
include the right of economic management and the right of operational management, which
are mainly used in relation to state property. Another important limited property right is a
pledge, where property is used as security for the fulfillment of an obligation. Servitudes, or
easements, are also limited property rights and allow one person to use another person’s
immovable property for a specific purpose, such as passage or access.

6. Introduction to the property law

Property rights arise on the basis of legal facts provided by law. They may arise through contracts, such as purchase
and sale or gift, through inheritance, through creation of a new thing, or by a court decision. For immovable
property, the acquisition of a property right generally requires state registration. Without registration, the right may
not be recognized against third parties, even if a contract has been concluded.
The exercise of property rights must comply with the principles of good faith and reasonableness. The right holder is
not allowed to abuse their rights or exercise them in a way that causes unjustified harm to others. These limitations
are important for maintaining a balance between private interests and public order.
Property rights are protected by law. The main form of protection is judicial protection. A person whose property
right has been violated may apply to the court to seek recognition of the right, recovery of possession of the
property, elimination of obstacles to use, or compensation for damages. Property rights may also be protected
through administrative and, in serious cases, criminal law mechanisms, but the primary role belongs to civil courts.

7. Introduction to the property law

In practical life, property law applies to many common situations. When a person
buys an apartment, registers ownership, and lives there, property law governs
these relations. When a company owns equipment and uses it in business,
property law ensures protection against unlawful interference. When land is
used with certain restrictions or rights of access are granted to neighbors,
property law provides the legal framework for such arrangements.

8.

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