Civil Code of the Republic of Azerbaijan
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Civil Code of the Republic of Azerbaijan was enacted through Law No. 779-IQ dated December 28, 1999. It lays down the principles and rules that govern civil relationships. As stipulated by article 1, paragraph 2, the Code regulates property and personal non-property relations of civil law subjects; sets provisions to protect the rights and legal interests of civil law subjects; aims to protect the honor, dignity, business reputation of natural persons; aims to ensure civil circulation; supports entrepreneurial activity; outlines rules to create conditions for the development of a free market economy. The Code is structured into the following Sections: 1) General provisions; 2) Persons; 3) Property and things law; 4) Fee; 5) Deadlines; 6) General part of the law of obligations; 7) Obligations arising from contracts.
OWNERSHIP AND PROPERTY RIGHTS. Property and related rights are regulated under article 135 and subsequent provisions. Firstly, this section specifies the basic concepts of property law, including the concept of movable and immovable things and State registration of property rights. As to ownership, the Code states that the owner may freely own, use and dispose of the property (item) taking into account the restrictions set by the law or the contract , may not allow the ownership property by other persons. Article 152 defines the abuse of rights. Subjects of ownership rights to movable and immovable property of all types can entities and individuals, municipalities and the Republic of Azerbaijan. Article 157 cocnerns the protection of property (claims). A specific provision deals with presumption of ownership based on possession (art. 166). Further provisions apply to joint ownership, servitudes, usufruct, lien and mortgage rights.
INHERITANCE. General provisions on law of succession are established in article 1141 and subsequent provisions, with specific rules concerning on the one hand inheritance by law and, on the other hand, inheritance by will.
OBLIGATIONS AND CONTRACTS. Section 6 gives the definition of obligations lays sown general applicable provisions. More specific rules are laid down as to contract law, also under section 7. Detailed provisions apply to purchase and sale, including buying and selling of animals, birds and fish (art. 608). Article 700 concerns lease agreements, whereas article 743 refers to loan (the consumer's right to withdraw from the consumer credit agreement is regulated under article 746.3). .
WATER RESOURCES. The Code also contains provisions relating to water. See in particular article 170 on rights of neighbours. It is established that nobody is permitted to change the natural course of water such that it entails harm to a neighbor. Water required for each of a lower and higher land plot may be directed to the higher land plot only in the amount necessary therefore. In using water the owner of the lower land plot shall receive all water which comes to their plot through its natural course free of charge. Where such owner sustains damage from discharge of water, they shall be entitled to demand that the owner of the higher land plot, at their expense, dig a ditch through the lower land plot. Further, paragraph 4 states that it is not permitted to change the course of underground waters which traverse several land plots, or so to manipulate the water that it could lead to reduction in volume of water or a deterioration in its quality at other land plots. See also article 238 on ownership and water rights.
OWNERSHIP AND PROPERTY RIGHTS. Property and related rights are regulated under article 135 and subsequent provisions. Firstly, this section specifies the basic concepts of property law, including the concept of movable and immovable things and State registration of property rights. As to ownership, the Code states that the owner may freely own, use and dispose of the property (item) taking into account the restrictions set by the law or the contract , may not allow the ownership property by other persons. Article 152 defines the abuse of rights. Subjects of ownership rights to movable and immovable property of all types can entities and individuals, municipalities and the Republic of Azerbaijan. Article 157 cocnerns the protection of property (claims). A specific provision deals with presumption of ownership based on possession (art. 166). Further provisions apply to joint ownership, servitudes, usufruct, lien and mortgage rights.
INHERITANCE. General provisions on law of succession are established in article 1141 and subsequent provisions, with specific rules concerning on the one hand inheritance by law and, on the other hand, inheritance by will.
OBLIGATIONS AND CONTRACTS. Section 6 gives the definition of obligations lays sown general applicable provisions. More specific rules are laid down as to contract law, also under section 7. Detailed provisions apply to purchase and sale, including buying and selling of animals, birds and fish (art. 608). Article 700 concerns lease agreements, whereas article 743 refers to loan (the consumer's right to withdraw from the consumer credit agreement is regulated under article 746.3). .
WATER RESOURCES. The Code also contains provisions relating to water. See in particular article 170 on rights of neighbours. It is established that nobody is permitted to change the natural course of water such that it entails harm to a neighbor. Water required for each of a lower and higher land plot may be directed to the higher land plot only in the amount necessary therefore. In using water the owner of the lower land plot shall receive all water which comes to their plot through its natural course free of charge. Where such owner sustains damage from discharge of water, they shall be entitled to demand that the owner of the higher land plot, at their expense, dig a ditch through the lower land plot. Further, paragraph 4 states that it is not permitted to change the course of underground waters which traverse several land plots, or so to manipulate the water that it could lead to reduction in volume of water or a deterioration in its quality at other land plots. See also article 238 on ownership and water rights.
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Source language
English
Legislation Amendment
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