21.02.2023
Plenum
of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad
Abdullayev, held a regular session.
At the court session was examined the constitutional
case based on the application lodged by the Court of Appeal of Sumgait city on interpretation of Articles 372.1, 373.1, 373.3, 551.1, 551.2.1 and 553.1.1 of the Civil
Code of the Republic of Azerbaijan in terms of Article 60 of the Constitution
of the Republic of Azerbaijan.
Having
heard the report of Judge H.Afandiyeva, studied and
discussed reports of representatives of interested parties – Judge of Court of
Appeal of Sumgait city S.Gafari and Head of the
Department of Economic Legislation of Milli Majlis (Parliament) M.Bazigov; conclusions of specialists – representatives
of the Supreme Court, judge of the Civil Board Court of Appeal of Baku city
M.Mammadov, Members of the Board of the Bar Association of D.Novruzov and
N.Ahmadova, Legal Executive and Legislative Initiatives Center S.Mahmudov;
opinion of expert – associate professors of the Department of Civil Law,
Faculty of Law, Baku State University, Doctors of Philosophy in Law S. Suleymanli and F.Mirzayeva, the Plenum of Constitutional Court
of the Republic of Azerbaijan adopted decision.
The decision states that the terms established by
paragraph 5 of Chapter 27 of the Civil Code are, in their essence, the terms of
claim.
Prior to the legislative body's improvement of
paragraph 5 of Chapter 27 of the Civil Code, the terms of claims provided for
in Chapter 18 of this Code shall apply to claims arising from obligations,
including periodic payments.
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.
