29.07.2021

The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held its regular session via the written procedure of special constitutional proceedings.

At the court session was examined the constitutional case based on the request submitted by the Balaken District Court on interpretation of Article 37.3 of the Family Code of the Republic of Azerbaijan in terms of Articles 32 and 36 of the same Code.

Having heard the report of Judge S.Salmanova, studied and discussed reports of representatives of interested parties – Judge of Balaken District Court Z.Tahirov and Head of the Department of Social Legislation of Milli Majlis A.Veliyev, conclusions of specialists Chairman of the Civil Board of Supreme Court S.Hajiyev, Judge of the Court of Appeal of Baku city R.Eyvazov, opinion of experts associate professors of the Department of Civil Law, Faculty of Law, Baku State University, Doctors of Philosophy in Law Sh. Yusifov and S.Suleymanli the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that, in accordance with the requirements of Articles 225 of the Civil Code of the Republic of Azerbaijan, Articles 32 and 41.2 of the Family Code of the Republic of Azerbaijan, obligations assumed by the husband or wife during the marriage in order to provide for the needs of the family create obligations for both of them, including the common property of the spouses.

The provision on the division of the common property of spouses provided for in Article 36 of the Family Code of the Republic of Azerbaijan includes the division of their property shares, claims of economic value and obligations to be performed.

If the personal property of the husband (wife) is not sufficient for the fulfillment of personal obligations, the creditor may apply for the division of the common property in order to direct the payment to the share of the relevant party in the common property of the spouses.

In accordance with Article 37.3 of the Family Code of the Republic of Azerbaijan, when considering a claim of a spouse against each other on the division of property, debts on common obligations are divided in proportion to the property share of each spouse. However, this division does not eliminate the fact that the spouses are jointly indebted to the creditor.

In order to prevent possible property disputes between spouses, the relevant executive authority should be recommended to propose the conclusion of a marriage contract to persons applying for marriage.

The decision comes into force from the date of its publication, is final, and may not be cancelled, changed or officially interpreted by any institution or official.