Unofficial transfer (c) Soyuzpravoinform LLC
of November 29, 2022 No. 651-VIQD
About modification of the Civil code of the Azerbaijan Republic
Being guided by Item 12 of part I of article 94 of the Constitution of the Azerbaijan Republic, Millie DECIDES: Majlis of the Azerbaijan Republic
In the Civil code of the Azerbaijan Republic (Collection of the legislation of the Azerbaijan Republic, 2000, No. 4 (I book), Article 250, No. 5, Article 323; 2002, No. 12, Article 709; 2003, No. 8, Article 420; 2004, No. 3, Article 123, No. 5, Article 318, No. 6, Article 415, No. 10, Article 761, No. 11, Article 901; 2005, No. 2, Article 61, No. 6, Article 466, No. 8, Articles 684, 692, 693, No. 11, Article 996, No. 12, Article 1085; 2006, No. 2, Article 68, No. 3, Article 225, No. 5, Article 387, No. 6, Article 478, No. 8, Article 657, No. 12, Article 1005; 2007, No. 2, Article 80, No. 6, Article 560, No. 8, Article 745, No. 10, Article 937, No. 11, Article 1053, No. 12, Articles 1215, 1219; 2008, No. 3, Article 145, No. 6, Article 456, No. 7, Article 602, No. 12, Article 1049; 2009, No. 2, Article 47, No. 5, Article 295, No. 6, Article 404, No. 7, Article 517; 2010, No. 2, Article 75, No. 3, Article 171, No. 4, Articles 265, 266, 276; 2011, No. 2, Article 71, No. 7, Article 586, No. 8, Article 750, No. 12, Articles 1073, 1102; 2012, No. 1, Article 5, No. 5, Article 403, No. 6, Article 498; 2013, No. 1, Article 15, No. 6, Article 620, No. 11, Article 1280, No. 12, Articles 1469, 1478; 2014, No. 2, Article 96, No. 7, Article 768; 2015, No. 3, Article 254, No. 5, Article 512, No. 7, Article 814, No. 10, Article 1093; 2016, No. 1, article 26, No. 2 (I book), Articles 186, 204, No. 3, Article 401, No. 4, Articles 640, 646, No. 6, Article 1005, No. 7, Article 1248, No. 12, Articles 1998, 2018; 2017, No. 2, Articles 151, 153, No. 4, Article 524, No. 5, Articles 703, 735, No. 6, Article 1035, No. 11, article 1953, No. 12 (I book), Articles 2210, 2234, 2239; 2018, No. 2, Article 142, No. 4, Article 650, No. 5, Articles 845, 851, No. 11, article 2212, No. 12 (I book), Articles 2467, 2518, 2526, 2533; 2019, No. 1, Articles 23, 50, No. 5, Articles 806, 812, 814, No. 6, Articles 994, 996, No. 7, Article 1202, No. 8, Article 1369, No. 11, Article 1681, No. 12, Article 1908; 2020, No. 5, Article 515, No. 7, Articles 822, 832, 839, 843, No. 12 (I book), Article 1423, 1435; 2021, No. 1, Article 8, No. 4, article 307, No. 6 (I book), Articles 556, 558, No. 7, Article 711, No. 11, Article 1206, No. 12, Article 1335; 2022, No. 6, Article 580, No. 8, of Article 824, of 828, of 833) to make the following changes:
1. in Article 144.2-1 of the word "For the purpose of … according to the Law of the Azerbaijan Republic " about Notariate ", It Is Necessary to Provide Possibility of Exchange of Information and Documents between Notaries and the State Real Estate Register, including Direct Access for Notaries to the State Real Estate Register in Electronic Procedure" shall be replaced with words "it is provided according to Article 148.3 of this Code".
2. state Article 144.3 in the following edition:
"144.3. Based on electronic copy of the agreement on the order certified in notarial procedure real estate transmitted in real time by means of information systems through the Information system "Electronic Government", the appropriate rights are accepted on state registration in the state real estate register. Such agreement is considered the statement for carrying out registration of the property right following from it and other corporeal rights in the state real estate register.".
3. repeal Article 148.2-1.
4. state Article 148.3 in the following edition:
"148.3. For the purpose of ensuring obtaining by the notary or other officials authorized on making of notarial action in the cases established by the law in connection with making of notarial actions of the statement about real estate from the state real estate register, the description of this property, data on the registered rights to this property and about their restriction (encumbrance) and also for the purpose of ensuring transfer electronically of the document constituted and (or) certified as result of the notarial action made concerning real estate, and which is considered as the basis for carrying out registration concerning this property in the state real estate register right after its certificate it is necessary to provide possibility of exchange of data and documents in real time by means of electronic information systems between notaries and other officials, representatives on making of notarial action in the cases established by the law, and the state real estate register including direct access for these persons to the state real estate register by means of these systems.".
5. add Article 491.2 with the second and third offers of the following content:
"If the agreement on deposit is connected with the conclusion of the agreement on the order real estate, it shall be certified in notarial procedure. In case of the certificate of the agreement on deposit in connection with the conclusion of the agreement on the order real estate in notarial procedure to the receiver of deposit applies rules, stipulated in Article 225.6 of this Code.".
President of the Azerbaijan Republic
Ilham Aliyev
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