01.05.2024

Plenum 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 Baku Court of Appeal on interpretation of Articles 673.1.2 and 673.3 of the Civil Code in terms of Part I of Article 17 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge S.Salmanova, studied and discussed the report of interested parties – Baku Court of Appeal and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court, Collegium of Advocates, Center for Legal Expertise and Legislative Initiatives, 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 in terms of requirements of Part I of Article 17 of the Constitution of the Republic of Azerbaijan the provision provided for in Article 673.1.2 of the Civil Code of the Republic of Azerbaijan "duties imposed on the recipient of gifts in accordance with family legal relations" contains duties arising from property and personal non-property relations in cases and within the limits established by family law.

Since the provision of "gross violation" reflected in the disposition of Article 673.1.2 of the Civil Code requires an evaluation, when the issue of refusal to forgive is resolved by the courts, depending on the circumstances of the case, it should be determined exactly what constitutes a violation of the duties imposed on the gift recipient according to the family law relations.

Regardless of when the gift contract is concluded, the donor's right to refuse the gift ceases after the expiration of the one-year period established by Article 673.3 of the Civil Code, from the day when the donor learned about the circumstances giving rise to the refusal of the gift.

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.