The Constitutional Court confirmed the possibility of terminating the agreement through legal proceedings

Теlegram CС - https://t.me/consot_kz

 

The Constitutional Court of the Republic of Kazakhstan received a request to review the constitutionality of subparagraph 1) part one of paragraph 2 of Article 401 of the Civil Code, which provides for the termination of a contract in court if, in the opinion of the applicant, non-payment under a contract of sale cannot be grounds for termination of the contract in court after state registration of the contract and the new owner of the property.

The Constitutional Court pointed out that a material breach of the contract was a breach that deprived a party of the expected result in the form of payment for the property specified as a mandatory condition of the transaction.

The Constitutional Court emphasized that the right to judicial protection is guaranteed to everyone, and the applicant exercised this right by applying to the court.

The Constitutional Court, guided by subparagraph 2) of paragraph 3 of Article 48 of the Constitutional Law, found no legal grounds for reviewing the constitutionality of the case.