LAW OF TURKMENISTAN

of May 4, 2012 No. 299-IV

About entering of amendment into the Civil code of Turkmenistan

I. The civil code of Turkmenistan approved by the Law of Turkmenistan of July 17, 1998 (The sheet of Majlis of Turkmenistan, 1998, No. 2, Art. 39; 2003, No. 4, Art. 36; 2007, No. 1, Art. 40; 2010, No. I, Art. 63; 2012, No. 1, the Art. 7) to add with Article 653-1 of the following content:

"Article 653-1. Prime contractor and subcontractor

1. If the obligation of the contractor does not follow from the law or the agreement to perform the work provided in the agreement personally, the contractor in coordination with the customer has the right to involve in execution of the obligations of physical persons and legal entities (subcontractors). In this case the contractor acts as the prime contractor.

2. The prime contractor who involved in agreement performance of the contract of subcontractor in defiance of provisions of Item 1 of this Article or agreement bears before the customer liability for damages caused by participation of subcontractor performed by the agreement.

3. The prime contractor bears before the customer responsibility for effects of non-execution or improper execution of obligations by subcontractor according to rules of Item 1 of Article 383 of this Code, and before subcontractor - responsibility for non-execution or improper execution by the customer of agreement obligations of the contract.

If other is not provided by the law or the agreement, the customer and subcontractor have no right to impose each other requirements connected with agreement breach, concluded by each of them with the prime contractor.".

II. This Law  becomes effective from the date of its official publication.

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