Il Contratto di Agenzia in Kazakistan

With a view to favoring transnational commercial relations, one of the most widespread instruments in Kazakhstan is represented by the agency contract, which however is not regulated by the Kazakh legal system.
A real definition of the agency contract emerged for the first time in letter no. NK-UM-08-3-22 / 8813 of 5 November 2003 of the Kazakh Ministry of Finance, where it is specified that, in accordance with the definition provided by the legal dictionary, the agency contract is considered as an agreement for which a party ( "The agent") undertakes, for a fee, to promote one or more legal activities and not on behalf of the other ("the principal") but in his own name, or in the name and on behalf of the principal.
The contract in question can be traced back to the category of contracts governed by the Kazakh civil code (hereinafter referred to as the Italian Civil Code). In general, the principle of contractual autonomy of the parties is in force in the Kazakh law. For the purposes of the discussion, it should be remembered that, by virtue of Art. 381 of the Italian Civil Code, the parties can stipulate the so-called mixed contracts, or agreements containing elements of different typical contracts, which are in fact borrowed from time to time to give life to a new form of contractual constraint. It follows that the mixed contact is governed in conjunction by all those rules or parts thereof applicable to each clause or to each specific legal institution used in the text of the agreement.
Furthermore, the Kazakh legal doctrine has stated that the agency contract underlies typical aspects of the commission contract and the representation contract and that, therefore, the rules governing these two distinct types of contract apply to it. The same orientation also emerges from the letter no. NK-UM-08-3-22 / 8813 of 5 November 2003 of the Kazakh Ministry of Finance, according to which, in the drafting of the agency contract, it is necessary to refer to chapter 41 of the cck, governing the institution of representation, as well as Chapter 43 applicable to commission contracts.
However, it should be remembered that, according to the most widespread Kazakh doctrinal current, the rules aimed at regulating the representation are more suitable to regulate the agency contract, rather than those inherent to the commission.