of November 13, 1992 No. 5b
About procedure for consideration by courts of statements for recovery of the rights according to the lost documents to bearer (calling production)
Due to the questions arising in practice of consideration by courts of cases on recovery of the rights on the lost documents to bearer (calling production), the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. In Chapter 36 of the Code of civil procedure of the Republic of Uzbekistan it is determined that person which lost the important document to bearer issued by bank about contribution of money or about acceptance on storage of values or bonds of state loans and also in other cases provided by the law can ask court about recognition of the document invalid and about recovery of the rights according to the lost document.
Recovery of such rights extends as to cases of loss of the documents issued by banks to bearer and to cases when documents lost solvency signs as a result of their inadequate storage or for other reasons (on the savings book or on check sheet record of account number did not remain, record of remaining balance of contribution, etc. not completely remained).
The question of loss of signs of solvency of the savings book, check sheet to it or the safe certificate in acceptance on storage of bonds of state loan or the values issued to bearer is allowed previously by savings bank. In case of refusal savings bank to make transactions according to the document issued to them to bearer in connection with loss of signs of solvency recovery of the rights on it the document is made judicially.
In the same procedure are subject to consideration of the application about recovery of the rights according to the documents specified in this Item to bearer issued by other banks operating in the territory of the Republic of Uzbekistan.
2. Cases on requirements about recovery of the rights on the lost documents to bearer are considered according to the procedure of special proceeding by court in the location of the organization which issued the document to bearer (further - organization).
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