The Plenum of the Constitutional Court of the Republic of Azerbaijan, chaired by Farhad Abdullayev, has held a session to review and issue a ruling on the interpretation of specific provisions within the Civil Code and the Law on Notaries.
According to the Operative Information Center-OMM, the court examined a petition from the Baku Court of Appeal regarding the interconnected interpretation of Article 402 of the Civil Code and the fourth part of Article 74 of the Law of the Republic of Azerbaijan "On Notaries." The session included reports from Judge H. Afandiyeva, submissions from the Milli Majlis (National Assembly) staff, and expert opinions from the Ministry of Justice, the Supreme Court, the State Committee for City Planning and Architecture, and the State Service on Property Issues under the Ministry of Economy.
The Plenum ruled that there is no conflict between Article 402 of the Civil Code and the fourth part of Article 74 of the Law "On Notaries." The decision specifies that under a preliminary contract, payments can be made to ensure the fulfillment of obligations or to cover necessary expenses for the conclusion of the main contract. The court emphasized that when resolving disputes related to preliminary contracts, the true will and intentions of the parties involved must be investigated in accordance with the legal positions reflected in the Plenum's decision.
The Constitutional Court of Azerbaijan serves as the supreme body of constitutional justice, ensuring the supremacy of the Constitution and protecting the fundamental rights and freedoms of individuals. Its rulings are final and binding, meaning they cannot be canceled, changed, or officially re-interpreted by any other body or official. This latest clarification aims to provide legal certainty in civil transactions and property law, streamlining the judicial process for lower courts in Baku and across the country.
