03.11.2022

Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held a 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 Court of Appeal of Sumgayit city on related interpretation of Articles 1246, 1248.1 and 1268.2 of the Civil Code of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed written reports of representatives of interested parties - Judge of Court of Appeal of Sumgait city S.Gafari, Head of the Economic Legislation Department of the Milli Majlis (Parliament), M. Bazigov, specialist – Chairman of the Civil Board of the Supreme Court S.Hajiyev, Judge of the Court of Appeal of Baku city Sh.Mammadova, and also with the opinion of the expert – associate professor of the Department of Civil Law, Faculty of Law, Baku State University, Doctor of Philosophy in Law S.Suleymanli, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that the six-month period specified in Article 1246 of the Civil Code of the Republic of Azerbaijan is the period provided for registration by notary of the acceptance of inheritance. After the transfer of this period, the issue of inheritance can be resolved in court in accordance with Article 1248.1 of the Civil Code of the Republic of Azerbaijan and the legal positions reflected in the descriptive and substantiating part of this Decision.

In accordance with Article 1268.2 of the Civil Code of the Republic of Azerbaijan, the period of refusal provided for in Article 1256 of the same Code shall apply to the appeal to the court in connection with the refusal of hereditary property of an incapable or limited capable heir.

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.