The Plenum of the
Constitutional Court of the Republic of Azerbaijan, chaired by Farhad
Abdullayev, held its regular session via the procedure of special proceeding.
At session was examined
the constitutional case submitted by Salyan district Court on interpretation of
some provisions of Article 1164 of the Civil Code of the Republic of Azerbaijan.
Having heard the
report of Judge S.Salmanova, the reports of the subjects interested in special
constitutional proceedings, conclusions of expert, examined the materials of
the case, the Plenum of Constitutional Court of the Republic of Azerbaijan
adopted decision.
The decision
states that the spouse of a person who applied to the court for divorce and
expressed his/her will, but who died before the court's decision entered into
legal force, may be deprived of the right to inherit only in accordance with Article
1164 of the Civil Code of the Republic of Azerbaijan if the court confirms that
at least three years before the opening of the inheritance, the marriage of the
spouse with the testator was actually terminated and the spouses lived
separately.
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.
