27.12.2023

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 inquiry of the Supreme Court of the Republic of Azerbaijan on verification of conformity of Articles 1246 and 1273-1 of the Civil Code of the Republic of Azerbaijan with Part VII of Article 29 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed report of interested party – Supreme Court of the Republic of Azerbaijan and Staff of the Milli Majlis (Parliament); conclusions of specialists – Baku Court of Appeal, Sumgayit Court of Appeal, Bar Association of the Republic of Azerbaijan and Center for Legal Expertise and Legislative Initiatives, opinion of experts – Associate Professor of Civil Law Department of Baku State University, Doctor of Philosophy in Law S.Suleymanliny, Professor of International Economic Law and Comparative Law at Martin Luther Halle-Wittenberg University A.Aliyev and doctoral candidate within the joint doctoral project of Azerbaijan Diplomatic Academy and Martin Luther Halle-Wittenberg University N.Rasulzadeh, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that since Articles 1246 and 1273-1 of the Civil Code of the Republic of Azerbaijan, which determine the condition and term of special admission for the right to inherit, do not comply with the constitutional principle of proportionality and guarantee of the right to inherit, enshrined in Part VII of Article 29 of the Constitution of the Republic of Azerbaijan, and legal positions reflected in the descriptive and reasoning part of this Decision, they shall be considered as null and void.

It should be recommended to the Milli Majlis of the Republic of Azerbaijan to improve the legal regulations arising from the requirements of the institution of acceptance of inheritance of the Civil Code of the Republic of Azerbaijan, taking into account the legal positions reflected in the descriptive-reasoning part of this Decision.

In order to ensure the stability of the civil circulation, this Decision should be applied to the inheritance relations that will arise after its entry into force and to the cases of disputes that are currently pending in the courts.

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.