How to terminate the contract of sale if the buyer has not fulfilled his obligations? On what grounds and within what time after the conclusion can the seller do this?
According to Article 406 of the Civil Code of the Republic of Kazakhstan (Special Part), by concluding a contract of sale, the seller undertakes to transfer the property (goods) to the other party - the buyer, and the buyer undertakes to accept this property (goods) and pay a certain amount of money (price) for it. Thus, the main obligation of the buyer under the contract of sale is to pay the price of the goods.
Paragraph 3 of Article 439 of the Civil Code gives the seller the right to demand that the buyer pay for the goods in court and pay a penalty for the use of other people's money. If the seller does not wish to exercise this right, then in the manner prescribed by Article 401 of the Civil Code of the Republic of Kazakhstan (General Part), it is possible to demand termination of the sale and purchase agreement in court.
According to paragraph 2 of Article 401 of the Civil Code, at the request of one of the parties, the contract may be amended or terminated by a court decision only in case of a material breach of the contract by the other party or in other cases provided for by legislative acts or the contract itself. Violation of the contract by one of the parties, which entails such damage for the other party that it is largely deprived of what it was entitled to count on when concluding the contract, is considered essential. The buyer's breach of his obligations to pay or take over the goods is, of course, a fundamental breach of contract.
Before filing a claim in court, the buyer must send a written proposal to terminate the contract. The fact of sending such a request must be recorded (for example, a letter with a description of the attachment and with a return receipt). The proposal must include a deadline for a response. If the buyer refuses or does not receive it within the period specified by you, and if the period was not specified, then within thirty days, you can file a lawsuit in court to terminate the contract of sale and reclaim the sold goods from the buyer, if this property is with him.
In accordance with paragraph 1 of Article 178 of the Civil Code, the general limitation period is set at three years. The seller must apply to the court with a claim for termination of the contract within three years from the date when the payment period for the goods expired. If the term for payment for the goods was not specified in the contract, then the limitation period will be calculated from the day when the seller presents the buyer with a demand for payment.