10.05.2022
Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by
Farhad Abdullayev, held a 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 Baku city on
related interpretation of Articles 1099 and 1108 of the Civil 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 the Court of Appeal of Baku city I.Shirinov and Head of the Economic Legislation Department of the Milli Majlis (Parliament) M.Bazigov, conclusions of specialist – Chairman of the Civil Board of Supreme Court S.Hajiyev the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that employer shall be liable for
civil damage in accordance with Article 1099 of the Civil Code of the Republic
of Azerbaijan for damage caused by a person driving a vehicle in connection
with the performance of labor (service) duties under a labor or civil law
contract. In accordance with Article 1114 of the Civil Code of the Republic of
Azerbaijan, the employer who reimbursed the damage has the right to demand
recourse against the employee if it is the fault of the employee.
Pursuant to Article 1108 of the Civil Code of the
Republic of Azerbaijan, individuals or legal entities possessing a source of
increased danger on the right of ownership or other legal basis are liable for
damage caused as a result of the activities of the source of increased danger
(car, mechanism, etc.).
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.
