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.
