The Constitutional Court has made an important decision regarding debt agreements between individuals.
This was reported to Oxu.Az by the Press Service of the Constitutional Court.
It was stated that at a meeting of the Plenum of the Constitutional Court chaired by Farhad Abdullayev, based on an appeal from the Baku Court of Appeal, a constitutional case was examined regarding the interpretation of Articles 329.1, 337.1, and 739.2 of the Civil Code in conjunction with the requirements of Part I of Article 13 and Parts I and II of Article 29 of the Constitution of Azerbaijan.
The Plenum made a decision after reviewing the report of Judge R. Guliyev, the appeal of the Baku Court of Appeal, the opinion of the Milli Majlis Apparatus, as well as opinions submitted by the Supreme Court, Sumgayit Court of Appeal, Ministry of Justice of Nakhchivan Autonomous Republic, Center for Legal Expertise and Legislative Initiatives, Bar Association, and experts.
According to the decision, the Milli Majlis is recommended to make appropriate legislative changes so that the written form requirement of the debt agreement provided for in Article 739.2 of the Civil Code is considered as an "other case" specified in Article 329.1 of the same Code.
The Constitutional Court noted that until the issue is resolved legislatively, the possibility of confirming debt agreements and their terms between individuals with various written evidence should not be excluded.
The decision also emphasized that in order to ensure the stability of civil turnover, this legal position will apply to debt relations arising after the date the decision enters into force and to disputes currently pending in courts.
The decision enters into force on the date of publication and is final. It cannot be repealed, amended, or officially interpreted by any body or person.
