Constitutional Court: assessment of the practice of application of the Civil Code norms on limitation period is within the competence of the courts

Constitutional Court: assessment of the practice of application of the Civil Code norms on limitation period is within the competence of the courts

28.05.2025 17:44:43 16150

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A citizen applied to the Constitutional Court for constitutional review of the constitutionality of Articles 177 and 178 of the Civil Code (General Part) of 27 December 1994.

The applicant had previously challenged the validity of the inheritance certificate issued to his father in 2004 and requested that he be recognized as having accepted the inheritance. However, his claim had been dismissed with reference to those provisions of the Civil Code.

The Constitutional Court held that the said provisions of the Civil Code governing the limitation period were relevant to judicial protection and it was the exclusive competence of the courts to assess the lawfulness of their application in practice. The applicant's arguments relate to factual circumstances in a civil case involving him and cannot be regarded as grounds for constitutional review.

Source : https://www.gov.kz/memleket/entities/ksrk/press/news/details/999349?lang=kk