Between freedom of contract and the principle of good faith: An inside view on the reform of private law of Kazakhstan

Sabirov, Kamal; Konussova, Venera Tuleutaevna; Alenov, Marat A.

doi:10.26619/1647-7251.10.2.10

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References 5 publications

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“…However, the operation of the principle of freedom of contract has certain exceptions, assigned in legislative norms. For example, article 380 of the Civil Code of the Republic of Kazakhstan prohibits compulsion to conclude a contract, while clarifying that this does not apply to cases where the obligation to conclude a contract is provided for by the legislation or a voluntarily accepted obligation (Sabirov et al, 2020).…”

Section: ерс-Contract: Definition Basic Characteristics and Concludin...mentioning

confidence: 99%

Experience of conclusion and performance of engineering, procurement and construction contracts in post-Soviet countries

et al. 2022

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The main purpose of the article is the analysis of properties and risks arising during the conclusion and performance of engineering, procurement and construction contracts (hereinafter referred to as EPC contracts) in Ukraine, Kazakhstan, Russia and Belarus, notwithstanding the current situation with military aggression and sanctions. The methodological basis of the study consists of the comparative legal and structural-logical method, systemic analysis and synthesis. It also describes the ways of relevant adaptation of EPC contracts in accordance with the requirements of the legislation. In addition, the authors have studied in detail the legal instruments that could help the contracting parties to establish the control due to occurrence of risks in different jurisdictions of the post-Soviet space. Finally, it was concluded that the application of EPC contracts, in the countries of the post-Soviet space, is connected with the presence of high level of political risks that should be taken into account when carrying out large-scale infrastructural projects. The results of the study will be useful to practicing lawyers, students and scientists who are interested in the examination of public relations in the field of civil works with some political influence on the development of this sector.

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Section: ерс-Contract: Definition Basic Characteristics and Concludin...mentioning

confidence: 99%

Experience of conclusion and performance of engineering, procurement and construction contracts in post-Soviet countries

et al. 2022

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show abstract

Between freedom of contract and the principle of good faith: An inside view on the reform of private law of Kazakhstan

Abstract: Institute of Legislation of the Republic of Kazakhstan. He is the author of more than 40 scientific articles in Kazakh and Russian languages in the field of private law issues and active participant of the law making process in Kazakhstan.

Cited by 1 publication

References 5 publications

Experience of conclusion and performance of engineering, procurement and construction contracts in post-Soviet countries

Experience of conclusion and performance of engineering, procurement and construction contracts in post-Soviet countries

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