14.07.2025

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 329, 340.2 and 661 of the Civil Code in terms of the requirements of Part I of Article 13 and Parts I and II of Article 29 of the Constitution of the Republic of Azerbaijan.

Having heard the report of Judge C.Qaracayev, studied and discussed the reports of interested parties – Baku Court of Appeal and Staff of the Milli Majlis (Parliament), the conclusions of specialists – Supreme Court and Center for Legal Examination and Legislative Initiatives, opinion of experts – Head of the Civil Law Department of the Law Faculty of Baku State University, Doctor of Philosophy in Law, Associate Professor Sh.Yusifov and doctoral student of the same department H.Irzayev, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

The decision states that, based on the content and legal purpose of Part I of Article 13, Parts I and II of Article 29 of the Constitution of the Republic of Azerbaijan, Article 340.2 of the Civil Code, as well as the legal positions expressed in this Decision of the Plenum of the Constitutional Court of the Republic of Azerbaijan, a contract entered into by the parties with the intention of creating a false impression of its validity in any third party is a false contract and is therefore invalid.

In accordance with the requirements of Articles 329 and 340.2 of the Civil Code, the application of the rules relating to the contract that the parties intended when concluding the contract should be considered possible if the false contract meets the requirements for validity, including the form requirement, stipulated in civil legislation.

According to Articles 405.1, 659.2 and 661 of the Civil Code of the Republic of Azerbaijan, the agreement of the parties to repurchase the sold item, as an essential condition of the real estate purchase and sale contract, is valid only if it is notarized.

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.