The Plenum of the Constitutional Court of the Republic of Azerbaijan held a regular session

Новости

2020 Aug

24.08.2020 

The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, held its regular 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 Nasimi District Court on interpretation of Article 407.2 of the Civil Code of the Republic of Azerbaijan.

Having heard the report of Judge K.Shafiyev, studied and discussed written assertions of representatives of interested parties - Chairman of Nasimi District Court R. Halilov and Head of the Department of Economic and Social Legislation of the Milli Majlis of the Republic of Azerbaijan M. Bazygov; specialists – Chairman of the Civil Board of Supreme Court S. Hajiyev and Judge of the Court of Appeal of Baku city R. Eyvazov, the Plenum of Constitutional Court of the Republic of Azerbaijan adopted decision.

Decision states that, requirement of “proper signing” of the provision of Article 407.2 of the Civil Code of the Republic of Azerbaijan “a simple written contract is considered concluded from the moment of its proper signing” means that it shall be signed by the parties in person, by mechanical or other means of copying, using a facsimile of the signature, an electronic signature or another analogue of the personal signature.

The terms of contracts concluded by mechanical or other means of copying using a facsimile of a signature, an electronic signature or another analogue of a personal signature shall be as clear, honest and understandable as possible.

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.