The concept of a commercial contract and its special regime derives from the general legal concept of a contract (Article 378 of the Civil Code of Kazakhstan), which recognizes the agreement of two or more persons on the establishment, amendment or termination of civil rights and obligations, and is enshrined in the Commercial Code of the Republic of Kazakhstan (hereinafter – PC) and paragraph 4 of Article 8 of the Civil Code.
Despite the fact that in Kazakhstan legislation there is no clear distinction between civil and commercial contracts, the latter can be distinguished according to such criteria as purpose, systematic, professionalism, risk and legalized nature.
The Civil Code of Kazakhstan does not define such well known and widely used contracts as a distribution, agency and dealer agreements. These contracts are taken from international trade practices. However, according to the Civil Code of Kazakhstan, the parties can conclude the contract, which is not specified by the Kazakh legislation. It is also not prohibited to conclude a contract containing elements of various types of contracts. If otherwise is not stated in the contract or emanates from its nature (essence), the relationships of the parties to the composite contract shall be governed by the legislation governing appropriate contracts elements of which the composite contract is composed.
Our law firm offers the following services in the sphere of Commercial Contracts
- advising private sector clients on a wide range of matters related to commercial contracts;
- handling regulatory matters in the Kazakhstan authorities, including notarization, expertise, recording and registration of commercial contracts;
- representation corporate clients in front of counterparties in course of execution and implementation of commercial contracts to help with anything from pre-contract negotiations to perfection commercial contracts;
- verifying of commercial contracts in respect to their correspondence to the mandatory regulations of the Kazakhstan legislation, including as regard to requirements of the Civil Code of Kazakhstan and antimonopoly legislation of the Republic of Kazakhstan;
- issuing legal opinions as regard to legality, non-conflict, perfection and enforceability of commercial contracts;
- consulting on various legal issues related to international commercial contracts.