of May 29, 2009 No. 06-03-13/1385
Joint-stock company "Subsidiary insurance Company
BTA of BTA Care Bank
To all insurance companies
(according to the list)
Concerning the documents confirming the right of the beneficiary to receipt of insurance payment
Agency of the Republic of Kazakhstan on regulation and supervision of the financial market and the financial organizations (further - the Agency), having considered the letter of JSC Subsidiary BTA Insurance Company of Bank BTA Zabota (further - the Insurance company) of 12.03.2009 No. and-0327, reports the following.
By the subitem 2) of Item 2 of Article of 291 GPK of RK it is determined that the court considers cases on factual determination of finding of person in dependence.
According to the above-stated request of the Insurance company the Agency sent inquiry to the Supreme Court of the Republic of Kazakhstan (further - the Supreme Court) concerning determination of the documents confirming the right of the beneficiary to receipt of insurance payment.
According to explanation of the Supreme Court of the basis of establishment judicially of the facts having legal value 292 Codes of civil procedure of the Republic of Kazakhstan are stipulated in Article (further - RK GPK).
According to Article 292 GPK court determine the facts having legal value only in case of impossibility of obtaining by the applicant in other procedure for the proper documents certifying these facts, or in case of impossibility of recovery of the lost documents.
Need of confirmation of availability or lack of the facts having legal value arises in relation to specific legal relationship.
In Article 940 of the Civil code of the Republic of Kazakhstan (further - RK Group) lists not only the subjects having the right to insurance payment as beneficiaries but also signs to which these persons shall correspond.
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