04.02.2021
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 Court
of Appeal of Sumgait city on interpretation of Articles 1193 and 1200 of the Civil Code of the
Republic of Azerbaijan.
Having
heard the report of Judge I.Nadjafov, studied and discussed written reports of
representatives of interested parties – Judge of the Court of Appeal of Sumgait
city S.Gafari, Head of the Economic
and Social Legislation Department of the Staff Office of Milli Majlis M.Bazigov,
conclusions submitted by Supreme Court and Court of Appeal of Baku city, and
also with the opinion of the expert - Head of the Legal Department of the
National Aviation Academy, Doctor of Law A. Rustamzade, the
Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that according to Articles
1159.1.1 and 1193 of the Civil Code of the Republic of Azerbaijan, the heirs of
the first stage in inheritance under the law (children, parents and wife
(husband) of the testator) are persons who have the right to obligatory share, regardless
of the existence of a will.
According to the content of Articles 667.1 and 1200 of
the Civil Code of the Republic of Azerbaijan, heirs of the first stage in
inheritance under the law (heirs having the right to obligatory share), even in
the absence of a will, have the right to demand that heirs fill the obligatory
share.
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.
