of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad
Abdullayev, held a regular session.
At the court session was examined the constitutional
case based on the inquiry of the Supreme Court of the Republic of Azerbaijan on
verification of conformity of Articles 1246 and 1273-1 of the Civil Code of the
Republic of Azerbaijan with Part VII of Article 29 of the Constitution of the
Republic of Azerbaijan.
Having heard the report of Judge C.Qaracayev,
studied and discussed report of interested party – Supreme Court of the Republic of Azerbaijan and Staff
of the Milli Majlis (Parliament); conclusions of specialists – Baku Court of Appeal, Sumgayit
Court of Appeal, Bar Association of the Republic of Azerbaijan and Center for
Legal Expertise and Legislative Initiatives, opinion of experts – Associate
Professor of Civil Law Department of Baku State University, Doctor of
Philosophy in Law S.Suleymanliny, Professor of International Economic Law and
Comparative Law at Martin Luther Halle-Wittenberg University A.Aliyev and doctoral
candidate within the joint doctoral project of Azerbaijan Diplomatic Academy
and Martin Luther Halle-Wittenberg University N.Rasulzadeh, the Plenum of
Constitutional Court of the Republic of Azerbaijan adopted decision.
The decision states that since Articles 1246 and
1273-1 of the Civil Code of the Republic of Azerbaijan, which determine the
condition and term of special admission for the right to inherit, do not comply
with the constitutional principle of proportionality and guarantee of the right
to inherit, enshrined in Part VII of Article 29 of the Constitution of the
Republic of Azerbaijan, and legal positions reflected in the descriptive and reasoning
part of this Decision, they shall be considered as null and void.
It should be recommended to the Milli Majlis of the
Republic of Azerbaijan to improve the legal regulations arising from the
requirements of the institution of acceptance of inheritance of the Civil Code
of the Republic of Azerbaijan, taking into account the legal positions
reflected in the descriptive-reasoning part of this Decision.
In order to ensure the stability of the civil
circulation, this Decision should be applied to the inheritance relations that
will arise after its entry into force and to the cases of disputes that are
currently pending in the courts.
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.