Last update : 16.01.2021



A new version of the Civil Code of Uzbekistan has been published for public discussion

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A new version of the Civil Code of Uzbekistan has been published for public discussion


Research Institute for Legal Policy under the Ministry of Justice of Uzbekistan has published a draft of the new edition of the Civil Code of the Republic of Uzbekistan on the portal for discussion of normative legal acts of the Republic of Uzbekistan (regulation.gov.uz).


The Draft consists of 2 parts, 70 chapters, and 1178 articles. It includes the following news:

1. To improve the investment climate and ensure the stability of property relations in the economy, the Draft suggests:

• giving foreign companies the right to register their branches in Uzbekistan and engage in entrepreneurial activities;

• legalising civil law institutions used in many developed countries, such as options, escrow, which are considered to be institutions of English law;

• introducing rules for the inclusion of the land into relations not only through the purchase and sale but also through new types of property rights, such as the right of construction (superfiction), the right of personal use and possession (usufruct);

• banning of return the property from the owner who bought it believing in information of the State register despite the infringements committed by the seller in the past.

2. To create a legal framework for the use of information and communication technologies in civil law relations, the Draft introduces:

• applying civil law to concerns arising in the virtual (Internet) space;

• equating transactions with electronic or other technical means in writing;

• determining the basic rules for the sale of goods using electronic means of communication, the procedure for dealing with digital money (cryptocurrency), the concept of digital rights and their implementation.

3. To create more favorable conditions for self-employment, entrepreneurial activity:

• making it possible to introduce in the law certain types of activities to be carried out without state registration as an individual entrepreneur;

• rejecting organizational and legal forms that do not comply with the rules of a market economy, such as (state) unitary enterprises based on the right of economic management or operational management;

• dividing legal entities into public law and private law legal entities, strengthening the limitation of the legal capacity of public legal entities (only within certain state functions);

• empowering commercial banks to enter into income payment agreements in other forms in addition to interest under a bank deposit agreement;

• creating an opportunity to determine the income of the leasing company based on the results of the use of the leased object;

• abolishing the restriction on liability insurance for breach of contract, allowing insurance companies to ensure any risks are not prohibited by law, liberalizing mutual insurance activities.

4. To liberalize the contractual relations and meet the requirements of international standards, the Draft includes:

• introducing new types of contracts (distribution agreement, agency services, etc.) that are important for economic development;

• excluding certain types of contracts (agricultural procurement contract, state contract for the supply of goods) that do not meet the principle of equality of parties;

• allowing to conclude a verbal agreement, regardless of the value of the contract, for assignment, deposit and a number of other common relationships.

5. To strengthen the civil protection of individuals and legal entities, the following are regulated:

• rules for calculating lost profits and non-pecuniary damage;

• the grounds for compensation for damage caused by the lawful actions of state bodies and citizens' self-government bodies;

• methods of providing civil protection in the use of images (photographs, videos, etc.) without the consent of the citizen, in the dissemination of information about personal and family life;

• the rule that not only the person who directly caused the damage but also the person who incited or actively assisted him, as well as the person who used the damage, shall be liable for the damage caused to the person;

• civil law relations related to the neighborhood (the impact of neighboring real estate, the danger on the neighboring parcels of land, the establishment of a boundary marker between parcels of land, the fruits, roots, branches of a tree of neighbour).

It is planned to improve further the Draft Code based on proposals received as a result of public discussion.

The text of the Draft Сode is available at the following links:

https://regulation.gov.uz/uz/d/23955

https://regulation.gov.uz/uz/d/23980.