22.06.2021
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 Garadag District Court of Baku city on related interpretation of Articles 35.1, 35.3 and
39.1 of the Civil Procedure Code of the Republic of Azerbaijan.
Having
heard the report of Judge K.Shafiyev, studied and discussed reports of
representatives of interested parties – Judge of Garadag District Court of Baku city K.Asadov and Head of the Economic
Legislation Department of the Milli Majlis M.Bazigov, specialists, Chairman of
the Civil Board of Supreme Court S.Hajiyev and Judge of the Court of Appeal of Baku
city I.Shirinov, the
Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that, in accordance with Article
35.1 of the Civil Procedure Code of the
Republic of Azerbaijan the territorial
jurisdiction of claims on division of common joint property of spouses over
immovable property shall be determined at the place of official registration of
the defendant, unless otherwise provided by law.
According to Article 39.1 of the Civil Procedure Code of the Republic of Azerbaijan regulating the rules of exclusive jurisdiction the claims
for recognition of the right of ownership over immovable property shall be
submitted to the court at the place of location of the immovable property.
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.
