of December 27, 2001
About interpretation of Article 373 of the Civil code of the Azerbaijan Republic
Name of the Azerbaijan Republic
Constitutional court of the Azerbaijan Republic as a part of H. Gadzhiyev (chairman), judges F. Babayev, B. Garibov, R. Gvaladze, E. Mamedov, S. Salmanova (judge-speaker), A. Sultanova,
with participation of the court secretary I. Ismaylov,
legal representatives of the subjects interested in special constitutional proceeding of the judge of the Supreme Court of the Azerbaijan Republic B. Asadov and the employee of the Device Millie of Majlis of the Azerbaijan Republic I. Rafibeyli according to part IV of article 130 of the Constitution of the Azerbaijan Republic at the request of the Supreme Court of the Azerbaijan Republic of November 8, 2001 No. 8-10/2001 considered in proceeding in open court according to the procedure of special constitutional proceeding case on request of the Supreme Court of the Azerbaijan Republic of November 8, 2001 No. 8-10/2001 about interpretation of Article 373 of the Civil code of the Azerbaijan Republic.
Having heard the report of the judge S. Salmanova, performances of legal representatives of the subjects interested in special constitutional proceeding, B. Asadova and I. Rafibeyli, having taken into account the expert opinion, professor Yu. Mekhtiyev, the Constitutional Court of the Azerbaijan Republic established:
In Article 73 of the Civil code of the Azerbaijan Republic accepted on September 11, 1964 aggregate term for protection of the right in the claim of person which right is violated (limitation period) is established in three years, and in claims of legal entities to each other - in one year.
According to Article 373 of the Civil code of the Azerbaijan Republic which became effective since September 1, 2000, aggregate term of limitation period is established in ten years. Special terms of limitation period are also provided in this Article.
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