The Plenum of the
Constitutional Court of the Republic of Azerbaijan, chaired by Farhad
Abdullayev, held its regular session via the procedure of special proceeding.
At the session Constitutional Court examined
the constitutional case on the basis of request of the Civil Board of Supreme
Court of the Republic of Azerbaijan on interpretation of Articles 1134,1146 and
1252 of the Civil Code of the Republic of Azerbaijan.
Having heard the
report of Judge S.Salmanova, the reports of the subjects interested in special
constitutional proceedings, conclusions of expert, examined the materials of
the case, the Plenum of Constitutional Court of the Republic of Azerbaijan
adopted decision.
The decision
states that in accordance with Articles 1134, 1145 and 1146 of the Civil Code
of the Republic of Azerbaijan, inheritance is opened from the moment of death
or on the day of entry into force of the decision of the court on the death of
an individual and from the moment of death of the heir, living persons may be
declared heirs.
For the
application of hereditary transmission in connection with persons who died on
the same day and who had the right to inherit, the heritor is defining by
determining the exact moment of death of the testator. In case it is impossible
to determine the moment of death of persons who died on the same day, from the
point of view of succession, they will be considered dead at the same moment
and each person will be granted a separate inheritance, and therefore the
inheritance is opened separately for each and the use of the inherited transfer
is excluded.
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.
