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Article 175. Expiry of a Term on a Non-Working Day

If the last day of a term falls on a non-working day, then the expiry day of the term shall be the nearest working day following that day.

Article 176. The Procedure for Entering Into Actions on the Last Day of a Term

1. If a term is established for entering into any action, it may be entered into before twenty four hours of the last day of the term.

However, if that action must be entered into in an organisation, then that term shall expire at the hour when in accordance with the established rules that organisation ceases the relevant transactions.

2. Written applications and notifications which are submitted to the post office, telegraph or any other institution of communications before 24 hours of the last day of a term, shall be deemed to be submitted within the term.

Chapter 7. Statute of Limitations Article 177. The Definition of the Statute of Limitations

1. The statute of limitations is a period of time during which a claim may be satisfied, which arises from a violation of rights of a person or of an interest protected by law.

2. Statutes of limitation and the procedure for their calculation shall be stipulated in law and may not be changed by an agreement of parties.

Article 178. Terms of the Statute of Limitations

1. The general term of the statute of limitations shall be established at three years.

2. For certain types of claims legislative acts may establish special-purpose terms of the statute of limitations, which are shorter or longer as compared to the general term.

3. The rules of Articles 177, 179 - 186 of this Code shall apply also to the special-purpose terms of the statute of limitations, unless legislative acts stipulate otherwise.

Article 179. The Application of the Statute of Limitations

1. The requirements to protect a violated right shall be accepted by the court for consideration irrespective of expiry of the term of the statute of limitations.

2. The statute of limitations shall be applied by the court only upon the application by a party in the dispute, which is made prior to the adoption of a decision by the court.

3. The expiry of the term of the statute of limitations prior to the presentation of the claim shall be the basis for he court's passing the decision to deny the action.

With the expiry of the term of the statute of limitations on the principal claim, the term of the statute of limitations shall expire with regard to additional claims (concerning the imposition of damages, the responsibility of the trustor etc.).

Article 180. The Course of the Term of the Statute of Limitations

1. The course of the term of the statute of limitations shall begin on the day when the person learned or should have learned of the violation of the right. Exceptions from this rule shall be established by this Code and the other legislative acts.

2. With regard to the obligations which have a definite term for their implementation, the course of the statute of limitations shall begin upon the expiry of the date of the execution.

3. With regard to the obligations, the implementation term of which is not determined or is determined by the moment of the call, the course of the statute of limitations shall begin from the moment when the call for the implementation of the obligation is made, and where the debtor is granted a privilege term for the implementation of such call, the counting of the statute of limitations shall begin on the expiry of the indicated term (paragraph 2 of Article 177 of this Code).

4. With regard to the regress obligations the course of the statute of limitations shall begin from the moment of execution of the principal obligation.

Article 181. The Term of the Statute of Limitations in the

Replacement of Persons in an Obligation

The replacement of persons in an obligation shall not entail any changes with regard to the statute of limitations and the procedure of its calculation.

Article 182. Suspension of the Course

of the Statute of Limitations Term

amended by (9) Law of 19th June 1997 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Act of the Republic of Kazakhstan;

(12) Law of No. 211 of 2nd March 1998 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to the Civil Code of the Republic of Kazakhstan (General Part), and to the Decree of the Supreme Soviet of the Republic of Kazakhstan "Concerning the Implementation of the Civil Code of the Republic of Kazakhstan (General Part)"; and

1. The course of the term of the statute of limitations shall be suspended as follows:

1) where the making of the claim is impeded by an event which is extraordinary or inevitable under those circumstance (force majeure);

2) by virtue of the announcement by the President of the Republic of Kazakhstan of a postponement of the execution of the obligation of that type (moratorium);

3) where the plaintiff or the defendant are military units which are under marshal law;

4) where an incapable person has no legal representative;

5) by virtue of suspending the effect of legislation which regulates the relevant relations.

With regard to actions concerning the compensation for harm caused to life or health of a citizen, the course of the term of the statute of limitation shall be suspended also in connection with the application by a citizen to the appointment of a pension or benefit, or the refusal to appoint those. to appropriate organisations for appointment and/or performance of payment of pensions or for appointment of a benefit - -prior to appointment and/or performance of payment of pensions or appointment of a benefit or refusal to appoint and/or performance of payment of pensions or appointment of a benefit.

2. The course of the term of the statute of limitations shall be suspended where the circumstances indicated in this Article arose or continued to exist during the last six months of the statute of limitations, and if that term does not exceed six months, - during the course of the term of the statute of limitations.

3. The course of the statute of limitation shall continue from the date of the cessation of the obligation which entailed the suspension of the statute of limitations. In that respect, the remaining part of the term shall be extended up to six months, and where the term of the statute of limitations does not exceed six months, - up to the term of the statute of limitations.

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