14.04.2022
Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by
Farhad Abdullayev, held a session.
At the court session was examined the constitutional
case based on the request submitted by the Court of Appeal of Shirvan
city on interpretation of Article 340.2 of the Civil Code of the Republic of
Azerbaijan.
Having heard the report of Judge S.Salmanova, studied and discussed reports of representatives of interested parties – Head of the Economic Legislation Department of the Milli Majlis (Parliament) M.Bazigov and Chairman of Court of Appeal of Shirvan city V.Abdullayev, conclusions of specialists – the Supreme Court of the Republic of Azerbaijan, Judge of the Court of Appeal of Baku city H.Sariyev, opinion of expert – associate professor of the Department of Civil Law, Faculty of Law, Baku State University, Doctor of Philosophy in Law S.Suleymanli the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that according to the meaning of
Article 340.2 of the Civil Code of the Republic of Azerbaijan, transactions
made for the purpose of obscuring the actual relations arising from the
expressions of the true will of the parties, as well as formally concluded
transactions between different entities are insignificant as false
transactions.
The expressions of the true will of the parties
involved in the conclusion of a false transaction must be investigated and a
legal conclusion must be made in accordance with the legal positions reflected
in the descriptive and substantiating part of this Decision.
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.
