There was a discussion regarding the draft of the new Civil Code of Uzbekistan at the Supreme Court.
It is known that the Ministry of Justice is developing a new version of the Civil Code based on the Concept of improving the civil legislation of the Republic of Uzbekistan, approved by the Presidential Decree (No. 5464) dated April 5, 2019.
To date, the first draft of the Code has been sent to the ministries and departments, higher legal education, research institutions, chambers of lawyers and notaries of the country for additional comments and suggestions.
During the meeting at the Supreme Court, judges of the Judicial Board for Civil Cases of the Supreme Court, professors of the Tashkent State Law University, experts of the Research Institute for Legal Policy under the Ministry of Justice have discussed vital amendments to the Civil Code.
In particular, the following issues provoked heated debates among participants:
• the emergence and termination of civil legal capacity for individuals and legal entities;
• establishment of a clear list of organizational forms of commercial organizations, abandonment of organizational (corporate) types of some legal entities such as a private unitary enterprise with an economic management right base and a state unitary enterprise with an operational management right base;
• defining clear criteria for calculating non-pecuniary damage;
• exclusion of norms stipulating the conclusion of a contract on a mandatory basis, determining that the terms of the standard contract contrary to the principles of honesty violate the rights and interests of the other party and therefore should be void;
•amendments related to the deadline of appeal.
The work on the improvement of civil legislation is underway.