Debt agreements and their specific terms must be substantiated by the parties involved through written evidence, according to a recent ruling by the Constitutional Court of Azerbaijan.
Operative Information Center-OMM reports that the decision was reached during a plenary session of the Constitutional Court, chaired by Farhad Abdullayev.
The court reviewed a constitutional case concerning the interpretation of Articles 329.1, 337.1, and 739.2 of the Civil Code, following an inquiry from the Baku Court of Appeal. The ruling recommends that the Milli Majlis (National Assembly) implement legislative amendments to ensure that the written form requirement for debt agreements, as stipulated in Article 739.2, is properly aligned with the "other cases" provision defined under Article 329.1 of the Civil Code.
The Constitutional Court emphasized that until these legislative changes are fully enacted, the ability of individuals to substantiate debt agreements and their terms through written evidence must not be excluded. Furthermore, to ensure the stability of civil circulation, this decision will apply to future debt relations between individuals, as well as to ongoing disputes currently under judicial review.
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 citizens. Its plenary sessions are critical for interpreting legislative acts and resolving complex legal disputes that impact the broader civil and economic landscape of the country.