BETWEEN FREEDOM OF CONTRACT AND THE PRINCIPLE OF GOOD FAITH: AN INSIDE VIEW ON THE REFORM OF PRIVATE LAW OF KAZAKHSTAN


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Kamal K. Sabirov

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PhD student in Legal Sciences at L.N. Gumilyov Eurasian National University and Senior Researcher at the 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.

Venera T. Konussova

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Deputy Director of the Institute of Legislation of the Republic of Kazakhstan; PhD in Legal Sciences. She is one of the developers of the Enterprise Code of the Republic of Kazakhstan and one of the authors of the Kazakhstan’s law on advocacy.

Marat A. Alenov

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Doctor of Law, Professor at L.N. Gumilyov Eurasian National University. He is one of the lead experts in Civil Procedure in Kazakhstan. He is the author of a large number of works in the field of private law and civil procedure.



Abstract


Over the years since Kazakhstan gained independence there have been cardinal changes in the country's economy associated with the inflow of foreign investments. These changes require the implementation of foreign experience in regulating economic relations and in particularly foreign contractual institutions. The International Financial Center "Astana" has started functioning in Kazakhstan since 2018. The acts of the International Financial Center are based on the principles and norms of law of England and Wales. In this regard, a largescale reform of the private law of the Republic of Kazakhstan was launched, aimed at identifying a number of civil-law ideas and designs that can be measured out in the Kazakh legislation from English law. The authors of this research are direct participants of the reform. This study is aimed at highlighting one of the issues considered within the framework of the reform of private law: strengthening the role of the principle of freedom of contract and the principle of good faith in the contract law of the Republic of Kazakhstan.



Keywords


Principle of good faith; freedom of contract; bona fide purchaser; legislation of Kazakhstan; private law of Kazakhstan



How to cite this article


Sabirov, Kamal K., Konussova, Venera T.; Alenov, Marat A. (2019). "Between freedom of contract and the principle of good faith: an inside view on the reform of private law of Kazakhstan". JANUS.NET e-journal of International Relations, Vol. 10, N.º 2, November 2019- April 2020. Consulted [online] on the date of the last visit, https://doi.org/10.26619/1647-7251.10.2.10



Article received on March 5, 2018 and accepted for publication on September 25, 2019