Civil Code of the Republic of Tajikistan.

The new Civil Code of the Republic of Tajikistan was approved on December 24, 2022 and became effective on July 1, 2023. It not only determines the main directions, priorities and tasks in the sphere of civil legislation, it sets forth provisions to regulate property and personal non-property relations, as well as the procedure for exercising intellectual and other property rights, corporate relations, contractual and other obligations. The Code consists of four parts: I) General provisions; II) Obligations; III) Inheritance; IV) Private international law. Specifically with respect to land governance, the new Code sets forth the rights and obligations of dekhkan farms and simplifies land registration procedures.
OWNERSHIP AND REAL RIGHTS. Property is defined as any material and non-material values that have a monetary value and are subject to civil rights (Article 141). It can be owned by citizens, legal entities, and the State, as well as by other subjects of civil law (Article 142). According to article 144, property can be in free circulation, limited circulation, or excluded from circulation, depending on whether it can be alienated or transferred to another person.
OBLIGATIONS AND CONTRACTS. Articles 190-545 deal with the specific types and forms of obligations arising from contracts, torts, unjust enrichment, and management of another’s affairs without a mandate. They also set out the rules on the performance, breach, assignment and discharge of obligations. The general provisions on the legal capacity and capacity to contract of natural and legal persons, as well as their rights and obligations in civil legal relations, are established under articles 24-86.
INHERITANCE. The Civil Code of Tajikistan of 2022 provides on inheritance in the following sections: Section VI (articles 546-612) regulates the general rules and conditions of inheritance, the types and forms of inheritance, the rights and obligations of heirs and legatees, the acceptance and renunciation of inheritance, the division of inheritance, etc.; Section VII on international private law (articles 613-633) defines the rules for determining the applicable law and jurisdiction in civil legal relations involving foreign elements, including inheritance.