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Family Code Of Azerbaijan Republic (excerpts)


Adopted by the Law of Azerbaijan Republic No-781-IQ of 28 December 1999, with amendments and supplements in accordance with the Law of Azerbaijan Republic No-374-IIQD of 22 October 2002

 

Article 2. Relations, regulated by Family Code of Azerbaijan Republic

 

2.1. Family Code (further - the present Code) of Azerbaijan Republic lays down the rules and conditions for contracting, breaking the marriage and declaring it invalid; regulates property and private non-property relations appeared between family members (spouses, parents and children), or in cases and frameworks specified by law, between other relatives and other persons; as well as determines the rules of adopting children, left without parents' guardianship.

2.2. Legal regulation of family relations is administered in accordance with the principles of the free-will marriage of a man and woman, equality of the spouses, settlement of the interfamily issues on mutual consent, priority' of children's upbringing in the family, care about their welfare and development, ensuring the priority protection of minors' and disabled family members' rights and interests.

2.3. Marriage is a free-will alliance of a man and woman, registered in the appropriate body of the executive power (Body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) with the purpose of establishing a family.

2.4. Any forms of human rights restrictions are prohibited on marrying and in family relations according to the indications of social, racial, national, language or religious affiliation.

2.5. Civil rights in the family can be restricted only on the basis of the law wkh the purpose of protecting morality, health, rights and legal interests of other family members and other citizens.

 

Article.3. Tasks of the present Code

 

3.0. The tasks of the present Code are the followings:

3.0.1. creation of the family on the basis of the principles, common to all mankind;

3.0.2. formation of family relations on the basis of the free-will marriage alliance between a man and woman, free from material considerations and on the basis of mutual love, friendship and respect of all family members;

3.0.3. upbringing of children in organic connection with the public upbringing and in the spirit of devotion to the Motherland;

3.0.4. comprehensive protection of the interests of mothers and children's interests and provision of a happy life of every child;

3.0.5. elimination of the harmful traditions in family relations,

3.0.6. training children about the feeling of responsibility to family and society.

 

Article 9. Procedure of marriage registration

 

9.1. Registration of marriage is carried out in personal presence of the persons getting into marriage, one month after submitting an application form by the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic).

9.2. If there are good reasons, the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) can reduce or extend the registration period of a marriage, but not more than for - month.

9.3. In special cases (pregnancy, birth of a child or in other cases) marriage can be registered on the day of submitting application.

9.4. Rights and duties of spouses are appeared from the day of the state registration of marriage from the side of the appropriate body of executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic).

9.5. Refuse of the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) in registration of marriage can be appealed in the court by persons wishing to marry (by one of them).

 

Article 10. Marriage age

 

10.1. Marriage age in Azerbaijan Republic is determined: for men - 18 years, for women - 17 years.

10.2. If there is a good reason, the appropriate body of the executive power (local bodies of the executive power) of the territory of the place of residence of the minor persons wishing to marry, can reduce their marriage age on the request, but not more for than a year.

 

Article 11. Conditions of marriage registration

 

11.1. For marriage registration it is necessary to have a written form of consent of marrying persons and their attainment of the marriage age.

11.2. Marriage can not be registered in the cases specified in Article 12 of the present Code.

 

Article 12. Circumstances prohibiting marriage registration

 

12.0. Marriage registration is not allowed between:

12.0.1. close relatives (parents and children, grandmothers, grandparents and grandchildren, brothers and sisters having common mother or father);

12.0.2. adopted persons and the adoptive parents;

12.0.3. persons if one or both of them are registered in another marriage;

12.0.4. persons if one or both of them are found by the court to be disabled as a result of mental illness or mentally backward.

 

Article 13. Medical examination of the marrying persons

 

13.1. Medical examination of the marrying persons as well as consultation on medical-genetic problems and issues of family planning are held by state and municipal medical facilities on the place of their residence free-of charge and only with their permission.

13.2. Results of medical examination of marrying persons are medical secret.

13.3. If one of the marrying persons hid from another person the fact of dermato-venerologic disease or a disease caused by the virus of AIDS, another side has a right to appeal to the court for declaring the marriage invalid.

 

Article 14. Fundamentals for dissolving the marriage

 

14.1. Marriage is dissolved in case of death or judicial adjudgement of a spouse to be dead.

14.2. Marriage can be dissolved upon the application of one or both spouses, as well as upon the application of spouse's guardian, judicially adjudged to be disabled.

 

Article 15. Restriction of the right on husband's raising demand for divorce

 

A husband does not have a right to prosecute a claim for divorce'during the period of pregnancy of his wife or during 1 year after the birth of a child without permission of his wife.

 

Article 17. Dissolving the marriage in the appropriate body of the executive power

 

17.1. In case of mutual consent of spouses to dissolve the marriage, when they don't have common minor children, divorce is executed in the appropriate body of the executive power (body of the state registration of the acts of civil status oj Ministry of Justice of Azerbaijan Republic).

17.2. Dissolving a marriage due to the application of one of the spouses regardless of their having common minor children is executed in the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic), if another spouse:

17.2.1. is judicially adjudged to be untraceable;

17.2.2. is judicially adjudged to be disabled;

17.2.3. is convicted for committing a crime for imprisonment for a period not less than 3 years.

17.3. Dissolving a marriage and issuing a divorce certificate are executed in the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) within a month upon submitting the application.

17.4. State registration of divorce is executed by the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) in the course, established by legislation.

 

Article 18. Examination of the disputes, appeared between spouses during the divorce, in the appropriate body of the executive power

 

The disputes about division of common property of the spouses, payment of funds for maintaining an indigent disabled spouse, as well as disputes appeared between the parties, if one of the part is adjudged to. be disabled, or imprisoned for a period not less than 3 years, or about children, - are considered juridically regardless of divorce in the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic).

 

Article 19. Juridical dissolution of marriage

 

19.1. Dissolution of marriage is executed juridically if spouses have common minor children, except the cases specified in the Article 17.2 of the present Code.

19.2. Dissolution of marriage is executed juridically also in cases, if one of the spouses in spite of absence of objections, avoids the divorce in the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) (refuses to file an application, does not wish to come for state registration of divorce, etc.).

 

Article 20. Juridical dissolution of marriage in the absence of permission of one of the spouses

 

20.1. Dissolution of marriage is executed juridically, if the court determines that further joint residence of the spouses and preservation of the family is impossible.

20.2. If there is an absence of a permission of one of the sides for a marriage breakup court has a right to suspend a judgment with appointing a period for conciliation during 3 months. Breakup of a marriage is carried out if there is no conciliation or if spouses (one of them) insist on a marriage breakup.

 

Article 21. Juridical dissolution of marriage on mutual consent of spouses

 

21.1. In case of mutual consent for divorce of the spouses who have common minor children, and also in cases specified in Article 19.2 of the present Code, marriage is dissolved juridically without ascertaining the motives of divorce.

21.2. In accordance with Article 22.1 of the present Code, spouses have a right to submit an agreement about children for consideration of court. In case of absence of such agreement, or if the agreement violates children's interests, court takes measures to defend their interests in the order, determined in Article 22.2 of the present Code.

21.3. Divorce is executed juridically not earlier than a month from the day of spouses' submission of the application for divorce.

 

Article 22. Issues settled by court during adjudgement on divorce

 

22.1. In case of juridical divorce, spouses can submit the court the agreement, determining whom their minor children will live with, the order for paying the maintenance allowance for children and (or) disabled indigent spouses, amount of these funds and division of common property.

22.2. If the agreement between the spouses on the issues specified in Article 22.1 of the present Code is absent, and if one of the parties violates children's interests through this agreement, then the court is obliged:

22.2.1. to determine which of the parents minor children will live with after divorce;

22.2.2. to determine which of the parents will pay alimony for children and in what amount;

22.2.3. upon request of spouses (one of them) to make the division of common property;

22.2.4. upon request of a spouse, who has a right to get the maintenance allowance from the other spouse, to determine the amount of this allowance, liable to deduction from the spouse.

22.3. In case if the division of property affects the third person's interests, the court has a right to satisfy the demand on division of property as separate proceeding.

 

Article 23. The moment of declaring the marriage to be dissolved

 

23.1. The marriage, dissolved in the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic), is considered to be stopped from the day of state registration of divorce, and in case of dissolution of marriage juridically - from the day when the decision comes into force.

23.2. Breakup of a marriage in the court is liable to the state registration in the order prescribed for state registration of acts concerning civil state.

23.3. Court is obliged to submit an abstract from this decision to the appropriate body of the executive power during 3 days beginning from the day of coming into force of the same award (Body of the state registration of the acts of civil status of Ministry of Justice of The Azerbaijan Republic).

23.4. Spouses can not enter into a new marriage till getting a certification of divorce.

 

Article 24. Restoration of marriage in case of appearance of a spouse declared to be dead or adjudged to be untraceable

 

24.1. In case of appearance of a spouse, declared by court to be dead or adjudged by to be untraceable and disaffirmation of the appropriate court decision, the marriage can be restored in the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) by mutual application of spouses.

24.2. A marriage can not be restored, if another spouse contracted a new marriage.

 

Article 26. Persons who have a right to demand adjudgement on invalidity of marriage

 

26.1. The following people can demand adjudgement of invalidity of marriage:

26.1.1. a minor spouse, his/her parents (persons substituting them) or an appropriate body of the executive power (custody and guardianship bodies of local executive power), if marriage is concluded with a person under nubility and in case of absence of the permission for marriage before nobility, specified by Article 10.2 of the present Code;

26.1.2. in cases of marriage, analogous to those specified in Article 26.1.1 of the present Code, and upon a spouse's coming of the age - only 18 years old spouse;

26.1.3. a spouse, whose rights have been violated by marriage, if the marriage is contracted without voluntary consent of one of the parties, i.e. as a result of coercion, deception, delusion or incapacity of a marrying person to understand the meaning of his/her actions and direct them at the moment of state registration;

26.1.4. a spouse, who was not aware of the circumstances, prohibiting the marriage; as well as a custodian of the spouse acknowledged juridically to be disabled;

26.1.5. a spouse of the previous non-dissolved marriage;

26.1.6. other persons, whose rights were abused in result of marriage contracted in violation of requirements of Article 12 of the present Code, except the persons specified in articles 26.1.4-26.1.5 of the present Code, as well as the appropriate body of executive power (custody and guardianship bodies of local executive power);

26.1.7. a spouse who was unaware of pro forma marriage in case of contracting the fictitious marriage;

26.1.8. a spouse whose rights are violated in the presence of circumstances specified in Article 13.3 of the present Code.

26.2. During examination of a case on the adjudgement of invalidity of marriage with a person under nubility, as well as with a person recognized juridically to be disabled, an appropriate body of the executive power is involved in the case (custody and guardianship bodies of local executive power).

 

Article 27. Circumstances, canceling the adjudgement of invalid marriage

 

27.1. The court may adjudge the marriage valid, if at the moment of considering the admission of invalid marriage, the circumstances legally preventing the marriage - are no longer relevant.

27.2. The court may reject the suit on admission of invalidity of marriage, contracted with a person under nubility, if the interests of the minor spouse require it, and also in case of absence of his/her permission for adjudgement of invalidity of marriage.

27.3. The court can not adjudge a pro forma marriage, if the persons making pro forma marriage, created an actual family before the case examination.

27.4. The previously dissolved marriage can not be further adjudged to be invalid, except the cases when there is kinship prohibited by between the spouses, and cases if one of them has been married to another person during state registration of the marriage.

 

Article 28. Consequences of the adjudgement of invalid marriage

 

28.1. The marriage adjudged to be invalid, does not cause mutual rights and duties of me spouses, except the cases specified in articles 28.5, 28.6 and 28.7 of the present Code.

28.2. The clauses of the Civil Code of Azerbaijan Republic on common shared property are applied to the commonly acquired property of the spouses, whose marriage is adjudged to be invalid.

28.3. The marriage contract, concluded between the spouses on the basis of Articles 38 and 39 of the present Code, is adjudged to be invalid.

28.4. Adjudgement of invalid marriage does not influence on the rights of children, who were born during the marriage or during 300 days from the day of adjudgement of invalid marriage.

28.5. In case of adjudgement of invalidity of marriage, the court may adjudge the right for allowance from another party in favor of a spouse whose rights were abused by contracting such marriage, in accordance with Articles 85-86 of the present Code, as well as during division of commonly acquired property till the moment of adjudgement of invalid marriage, the courts may administer the norms determined by Articles 32, 36-37 of the present Code and adjudge the marriage contract to be invalid completely or partially.

28.6. A spouse has a right to claim for reimbursement for material and moral damages in accordance with the rules, determined by civil legislation.

28.7. A spouse has a right to keep the surname taken during registration of marriage, after adjudgement of marriage to be invalid.

 

Article 29. Equality of spouses in family relations

 

29.1. Spouses have equal private and property rights in family relations due to equality of women and men in accordance with the Constitution of Azerbaijan Republic.

29.2. Maternity, paternity, bringing up and education of children, as well as other issues of the family are solved by spouses jointly in accordance with the principle of spouses' equality.

29.3. A spouse is free to choose occupation, profession and place of residence.

29.4. Spouses must build their relationship in the family on the basis of mutual help and respect, act together for the welfare and strengthening of their family, create favorable conditions for the development of children and take care of their health.

 

Article 30. Right of spouses to choose surname

 

30.1. Upon proceeding their discretion, spouses choose the surname of one of them as a common one or keep their pre-marital surname, or join the spouse's surname to their own surname.

30.2. Joining the surnames is not allowed, if pre-marital surname of one or both of the marrying spouses is double.

30.3. Changing the surname by a spouse does not lead to changing the surname of the other spouse.

30.4. In case of divorce spouses may keep a common surname or restore their pre-marital surnames.

 

Article 31. The notion of legal regime of spouses' property

 

31.1. Legal regime of spouses' property is the regime of their joint property.

31.2. Legal regime of the of spouses' property works if the other one is not specified by a marriage contract.

31.3. Rights of spouses on usage, possession and disposition of the joint property of members of peasant's household (farming) are determined in accordance with the civil legislation of Azerbaijan Republic.

 

Article 32. Joint property of the spouses

 

32.1. Property acquired by spouses during marriage is adjudged as their common joint property.

32.2. The common joint property of spouses includes:

32.2.1. profits from labor, entrepreneurial activities and results of intellectual activity, pensions and allowances received by each of them, as well as other payments, which do not have any special destination (the sum, paid for disability as consequence of disablement, any form of injury, the sum of material allowance and so on);

32.2.2. movable and unmovable objects, securities, shares, savings invested in financial facilities or in other commercial.organizations, shares in capital or any other property acquired at the expense of common profits of spouses during marriage irrespective of whose name it was bought under and who made the investment.

32.3. The right to common property of spouses also belongs to the spouse who was engaged in housekeeping, taking care of children or for other valid reasons did not have separate income.

 

Article 33. The spouses' right to possession, usage and disposition of the joint property

 

33.1. The spouses' right to possession, usage and disposition of the joint property is executed on mutual consent.

33.2. Upon a spouse's deal to dispose of common property , it is supposed that he/she acts with the permission of the other spouse.

33.3. The deal, made by a spouse to dispose of common property, can be adjudged to be invalid for absence of other spouse's permission; and in cases if the other party of the deal was aware or had to be aware of the other spouse's disagreement about the deal.

33.4. For a spouse's deal to dispose of property and the deal, requiring notarial certification and (or) registration, it is necessary to get the permission of the other party, certified by the notary's office. The spouse, whose notarially certified permission was not received, has a right to demand the adjudgement of the deal to be invalid within one year from the day, when he/she is aware or gets the opportunity to be aware of the fulfillment of the deal.

 

Article 34. Separate property of each of the spouses

 

34.1. The property, belonging to each of the spouses before marriage, as well as the property presented to one of spouse during the marriage, in the form of inheritance or according to other gratuitous deals (the property of each of the spouses), is separate property of each of the spouses.

34.2. Objects of individual usage (clothes, shoes and so on), despite of purchase during the period of marriage at the expense of the spouses' common funds, are considered to be a possession of the spouse who used them.

 

Article 35. Adjudgement of separate property of each of the spouses to be their joint property

 

The property of each of the spouses can be adjudged to be their joint property, if it is determined that during the period of marriage, there were made investments, considerably increasing the price of that property (major repairs, reconstruction, re-equipment and so on) at the expense of spouses' common property or of the property of each of the spouses or of the labor of one of the spouses.

 

Article 36. Division of  spouses' common property

 

36.1. The division of spouses' common property can be executed both during the period «f marriage, and after the divorce upoii the demand of any spouse, as well as irk case of a creditor's claim to divide the spouses' common property for inflicting the penalty on the share of one of the spouses in common property.

36.2. Common property of the spouses can be divided between the spouses according to their agreement. By request of the spouses, their agreement on division of common property can be certificated notarially.

36.3. In case of a dispute, the division of common property and determination of spouses' shares in their property are executed juridically.

36.4. In case of division of spouses' common property, by the spouses' request, court determines which property is subjected to be passed to each of the spouses. In case if a spouse is given the property, the cost of which exceeds his/her due share, the other spouse can be adjudged the monetary compensation of the appropriate amount or any other from of compensation.

36.5. The court can adjudge the property, acquired by each of the spouses during the period of their separate living after ceasing their family relations, to be separate property.

36.6. The subjects, purchased for satisfaction of minor children's requirements (clothes, dresses, shoes, school and sports supplies, musical instruments, children's library and so on), are not liable to division and are given without any compensation to the parent whom the children live with.

36.7. Investments, made by spouses at the expense of common property under their common minor children's name, are considered to belong to these children and are not taken into account during the division of the common property of the spouses.

36.8. In case of division of the common property of the spouses during the period of marriage, the part of property, which was not divided as well as the property acquired by spouses during the further period of marriage, constitute their common property.

36.9. Three years' term of limitation of action is applied to the demands of the divorced spouses on division of the common property.

 

Article 37. Determination of shares during division of common property of spouses

 

37.1. During division of common property of spouses, their shares are considered to be equal, if nothing different is specified by the contract between the spouses.

37.2. In separate cases the court has a right to recede from the equality of spouses' shares in their common property, based upon the interests of minor children and (or) upon the noteworthy interest of one of the spouse, particularly if the other spouse did not get a profit for inadequate reasons, or spent common property of the spouses in the prejudice of family interests.

37.3. Common debts of spouses during division of common property are distributed between the spouses in proportion to shares.

 

Article 38. Marriage contract and its content

 

38.1. A marriage contract is the agreement concluded between the marrying persons to determine property rights and duties of the spouses during the period of marriage and (or) in case of divorce.

38.2. Through marriage contact spouses can change the regime of the spouses' joint property, determined by law, lay dawn the regime of joint, shared or separate property for spouses' common property, for its separate kinds or for the property of each of the spouses.

38.3. A marriage contract can be concluded regarding both the existing property and future property of spouses.

38.4. Spouses have a right to determine their rights and duties in marriage contract on mutual maintenance, ways of participation in each other's profits, the order of paying for family expenses; determine the property which will be given to each of the spouses in case of divorce, as well as include any other conditions concerning the spouses' property relations into the marriage contract.

38.5. The rights and duties, specified by marriage contract, can be restricted by certain terms or be dependent on occurrence or nonoccurrence of different conditions.

38.6. A marriage contract cannot contain the clauses, regulating legal capacity or capability of spouses, their right to apply io court for defending their rights, rights and duties regarding children, as well as personal non-property relations between the spouses, limiting the right of indigent incapable spouse to get allowance for maintenance, other conditions leaving one of the spouses in a very unfavorable situation or contradicting the basis of family legislation.

 

Article 39. The order of concluding marriage contract

 

39.1. A marriage contract can be concluded both before the state registration of marriage and in any period of marriage.

39.2. The marriage contract, concluded before the state registration of marriage, comes into force from the day of state registration of marriage.

39.3. A marriage contract is concluded in written form and is liable to a notarial certification.

 

Article 40. Change, dissolution of a marriage contract and adjudgement of its invalidity

 

40.1. A marriage contract can be changed or dissolved at any time in accordance with the agreement of the spouses in the order specified in Article 39.3 of the present Code.

40.2. Unilateral rejection to execute a marriage contract is not admitted.

40.3. Upon a spouse's demand, a marriage contract can be changed or dissolved in accordance with the court decision on the basis and in the order, determined by Civil Code of Azerbaijan Republic for change and dissolution of contracts.

40.4. The effect of a marriage contract is ceased from the moment of divorce, except the duties specified by a marriage contract for the period after dissolution of marriage.

40.5. A marriage contract can be adjudged to be invalid by court fully or partially on the basis specified by Civil Code of Azerbaijan Republic for void contracts.

40.6. The court can also adjudge a marriage contract to be invalid fully or partially upon a spouse's demand, if the conditions of the contract make this spouse in a very unfavorable situation. The conditions of a marriage contract, violating other requirements of Article 38.6 of the present Code, are insignificant and considered to be invalid from the moment of contract conclusion.

 

Article 41. Penalty for spouses' property

 

41.1. According to a spouse's liability, the penalty can be incurred only on the property of this spouse and on the share, which he could have at the division of the common property.

41.2. The penalty is incurred on the spouses' common property upon common liability of the spouses, as well as according to a spouse's liability, if the court adjudges that everything, received due to liability by one of the spouses, was spent to meet the needs of the family. In case of insufficiency of this property, due to specified circumstances, the spouses have joint liability by the property of each of them.

41.3. If it is ascertained by the court, that common property of spouses was acquired or extended at the expense of funds, received by one of the spouses in a criminal way, the penalty may correspondingly be incurred on the common property of the spouses or on its part.

41.4. Spouses bear responsibility for damage, made by their minor children, in the order specified by civil legislation. In this case, the penalty on the spouses' property is incurred in accordance with Article 41.2 of the present Code.

 

Article 42. Guarantee of creditors' rights upon conclusion, change and dissolution of a marriage contract

 

42.1. A spouse must notify his/her creditor (creditors) about conclusion, change or dissolution of a marriage contract. If the spouse fails to discharge this obligation, he/she carries out his/her duties irrespective of the content of the marriage contract.

42.2. Creditor (creditors) can demand to change the conditions of a marriage contract or its dissolution on the basis of the Civil Code of Azerbaijan Republic.

 

Article 56. Equality of parents' rights and duties

 

56.1. Parents have equal rights and bear equal duties regarding their children.

56.2. Parents' rights and duties, specified in this chapter, are stopped when children attaint their majority, when minor children marry and when minor children achieve complete capability in cases, specified by the legislation.

 

Article 84. Duties of spouses on mutual maintenance

 

84.1. Spouses must support each other financially.

84.2. In case of refusal of such kind of support and absence of agreement between the spouses about the payment of alimony, the right to demand the alimony judicially from another party, who has necessary funds for it, belongs to:

84.2.1. disabled persons who need financial aid of a spouse;

84.2.2. a wife in the period of pregnancy and during 3 years from the birth of common children;

84.2.3. an indigent spouse, who takes care of a common disabled child, until the child is 18 years old;

84.2.4. an indigent spouse, who takes care of a common disabled child of the I group.

 

Article 85. Right of a former spouse to get alimony after divorce

 

85.1. The right to demand the alimony after divorce from a former spouse, who has necessary funds for it, belongs to:

85.1.1. a former wife in the period of pregnancy and during 3 years from the birth of common children;

85.1.2. an indigent former spouse, who takes care of a common invalid child until the child is 18 years old or of a common child with inborn disability of 1 group;

85.1.3. a former indigent disabled spouse, who became disabled before divorce or during 1 year from the moment of divorce;

85.1.4. an indigent spouse, achieved the age of pension not later than 5 years from the moment of divorce, if spouses were married for a long time;

85.2. The amount and order of paying the alimony to a former spouse after divorce can be determined by the agreement between the former spouses.

 

Article 86. Amount of alimony, recovered juridically from the spouses and former spouses for the opposite party

 

In case of absence of the agreement between the spouses or former spouses about the payment of alimony, the amount of alimony recovered from a spouse or a former spouse juridically, is determined by the court based upon financial and marital status of the former spouses and other interests worthy of parties' attention, - hard sum of money, subjected to monthly payment.

 

Article 87. Discharge of a spouse from the duty to maintain the other spouse or restriction of this duty by a term

 

87.0. The court may discharge a spouse from the duty to maintain the other indigent disabled spouse or restrict this duty by a certain term both during the peiioc1 of marriage and after divorce:

87.0.1. in case if disability of an indigent spouse is a result of misuse of alcohol, drugs or a result of perpetration of a deliberate crime;

87.0.2. in case of misbehavior in the family of a spouse, demanding alimony;

87.2.3. in case of a short-termed marriage.

 

Article 117. Children, regarding whom adoption is permitted

 

117.1. Adoption is permitted regarding to minors and only in their interests.

117.2. The same child can not be adopted by two persons (except spouses).

117.3. A spouse can adopt his/her extramarital child or a child of another spouse.

 

Article 146. Registration of marriage on the territory of Azerbaijan Republic

 

146.1. Form and rules of registration of marriage in Azerbaijan Republic are determined by the legislation of Azerbaijan Republic.

146.2. Conditions of registration of marriage for foreigners on the territory of Azerbaijan Republic are determined by the legislation of  their own country and with compliance of requirements of Article 12 of the present Code.

146.3. Conditions of registration of marriage by a stateless person are determined by the legislation of the country where this person has a permanent place of residence.

 

Article 147. Registration of marriage in diplomatic representations and consular offices

 

147.1. The marriage between the citizens of Azerbaijan Republic living beyond the bounds of Azerbaijan Republic is registered in diplomatic representations or in consular offices of Azerbaijan Republic in accordance with the requirements of the present Code.

147.2. The marriage between foreigners, registered in diplomatic representations or in consular offices of the foreign countries in Azerbaijan Republic, is recognized to be valid in Azerbaijan Republic.

 

Article 148. Recognition of the marriage, registered beyond the borders of Azerbaijan Republic

 

148.1. The marriage between the citizens of Azerbaijan Republic, citizens of Azerbaijan Republic and foreigners or stateless persons, registered beyond the boundaries of Azerbaijan Republic, with compliance of the legislation of the foreign country, is recognized to be valid in Azerbaijan Republic, except the circumstances, specified by Article 12 of the present Code (the circumstances preventing registration of marriage).

148.2. The marriage between foreigners, registered beyond the boundaries of Azerbaijan Republic with compliance of the legislation of their country, is recognized to be valid in Azerbaijan Republic.

 

Article 149. Adjudgement of invalidity of the marriage, registered on the territory of Azerbaijan Republic and beyond the boundaries of Azerbaijan Republic

 

Adjudgement of the marriage, registered on the territory of Azerbaijan Republic and beyond the boundaries of Azerbaijan Republic, invalid is determined by the legislation, which was applied during registration of the marriage in accordance with Articles 146 and 148 of the present Code.

 

Article 150. Dissolution of marriage

 

150.1. Dissolution of marriage between the citizens of Azerbaijan Republic or persons without citizenship, as well as between the citizens of Azerbaijan Republic, registered beyond the boundaries of Azerbaijan Republic, - is executed in accordance with legislation of Azerbaijan Republic.

150.2. The citizen of Azerbaijan Republic, living beyond the boundaries of Azerbaijan Republic, has a right to dissolve marriage, registered with the spouse living beyond the boundaries of Azerbaijan Republic, irrespective of his/her citizenship, in the courts of Azerbaijan Republic. In case if the legislation of Azerbaijan Republic permits to dissolve marriage in the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic), this marriage can be dissolved in diplomatic representation or in consular offices of Azerbaijan Republic.

 

Article 151. Private non-property and property rights and duties of spouses

 

151.1. Private non-property and property rights and duties of spouses are determined by the legislation of the country on the territory of which they have a common place of residence, and in case of absence of a common place of residence - by the legislation of the country on the territory of which they had latest common place of residence. On the territory of Azerbaijan Republic private non-property and property rights and duties of the spouses without a common place of residence are determined by the legislation of Azerbaijan Republic.

151.2. Spouses who do not have common citizenship or common place of residence can choose the legislation, which is liable to be applied for determination of their rights and duties according to the marriage contract or according to the agreement about the payment of alimony. Upon absence of such agreement between the spouses or the marriage contract about the payment of alimony, Article 151.1 of the present Code is administered.

 

Article 152. Affiliation and impugnment of paternity (maternity)

 

152.1. For affiliation and impugnment of paternity (maternity), there applied the legislation of the country, the citizen of which a child is adjudged due to his birth.

152.2. The order of affiliation and impugnment of paternity (maternity) in Azerbaijan Republic is determined by the legislation of Azerbaijan Republic. In case if the legislation of Azerbaijan Republic permits affiliation of paternity (maternity) in the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic), the a child's parents, living beyond the boundaries of Azerbaijan Republic, if at least, one of them is a citizen of Azerbaijan Republic, has a right to claim for affiliation of paternity (maternity) in diplomatic representation or consular office of Azerbaijan Republic.

 

Article 153. Rights and duties of parents and children

 

Rights and duties of parents and children, including the rights of parents to maintain a child, are determined in accordance with the legislation of the country, on the territory of which they have a common place of residence. If there is no common place of residence of parents and children, the rights and duties of parents and children are determined by the legislation of the country, which the child's citizenship belongs to. Upon a plaintiffs demand for alimony commitments and for other relations between parents and children, there can be applied the legislation of the country, on the territory of which a child has permanent residence.

 

Article 154. Alimony commitments of adults and other members of a family

 

Alimony commitments of family members are determined by the legislation of a country on the territory of which they have a common place of residence. ]f there is no common place of residence, such commitments are determined by the legislation of the country, where a person claiming for alimony has citizenship.

 

Article 179. The place of registration of divorce

 

The appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) registers divorce in accordance with the place of residence of the spouses or one of them, or in accordance with the place of marriage registration.

 

Article 180. Registration of divorce by court decision

 

180.1. Divorce by court decision is registered by the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) in accordance with the application by both spouses or the application by one of them.

180.2. Upon the registration of divorce on the basis of the application by only one of the spouses, the marriage is considered to be dissolved, however none of them can register a new marriage until receipt of the certificate about divorce.

 

Article 181. Registration of divorce by mutual consent of spouses

 

181.1. The application for divorce by mutual consent (Article 171 of the present Code) must contain information the existence of minor children.

181.2. Divorce is registered after a month from the day of submitting the application.

 

Article 182. Registration of divorce upon application of one of the spouses

 

182.1. A spouse, submitted the application for divorce on the basis specified by Article 17.2 of the present Code, must enclose the court decision on admission of

a spouse to be untraceable or mentally ill, or to be disabled because of mental deficiency, or the abstract from the verdict about his/her spouse's imprisonment for a period not less than 3 years.

182.1. The appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) sends the notification about the application to a spouse, sentenced to imprisonment or to the guardian of the disabled spouse, or to a trustee of the property of a spouse admitted untraceable. The notification determines the time for informing about existing disputes around children, division of property which is common and joint, or about the payment of alimony to the indigent disabled spouse. The timeframe supposed for receiving the reply should be exceed a month. The appropriate body of the executive power registers divorce upon receiving the reply about the absence of any dispute or on the absence of the reply within the timeframe, shown in notification.

 

Article 183. Fact of appellation of antenuptial surname to a spouse upon registration of divorce

If a spouse wishes to take antenuptial surname, he/she must inform the appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) upon registration of divorce. The indicated body makes the relevant record about the fact of appellation of antenuptial surname to the spouse.

 

Article 184. Issuing a certificate on divorce

 

On recording the divorces, there are issued the certificates on divorce.

 

Article 185. Informing a spouse and the appropriate body of the executive power of the place of marriage registration about the registration of divorce

 

The appropriate body of the executive power (body of the state registration of the acts of civil status of Ministry of Justice of Azerbaijan Republic) must inform a spouse about the registration of divorce in case of awareness of his place of residence, as well as inform the appropriate body of the executive power on the place of marriage registration.

VIRTUAL MUSEIM

AGIC promotes creating the history of civil society and those initiations by studying womans public activity in the end of XIX - the beginning of XX centuries. The collection of the visual evidences and oral reminiscences allows not only to recalled the events, become utterly absorbed in the atmosphere that reigned at that time but also to comprehend, understand how and what efforts were demanded for establishing of Caucasus womens rights. The information collected here will serve also as a supporting material for teachers, historians and researchers working in the sphere of womans and gender problems. They will get an opportunity of using these unique documents as historical references, visual and oral evidences.




EUROPEAN WOMENS THESAURUS

The European Womens Thesaurus is the tool for definition and search of the "female" information in databanks, the Internet and the collection of womens libraries, the documentary centers and archives. The European Womens Thesaurus contains 2087 European terms.

In the Azerbaijan version of the Thesaurus are brought 589 terms reflecting sociopolitical realities of the Azerbaijan society, national and Islamic culture.




GENDER DIRECTORY

is the data-base of all the national actors involved in women's and gender issues work. The data base supposes to include the gender focal points: State agencies, National parliament, Business sector, Mass media outlets, International organizations, functioning in Azerbaijan, Funding institutions, functioning in Azerbaijan,Diplomatic corps, functioning in Azerbaijan, the individual actors (individual feminists, writers and poets, artists, scientific womens rights lawyers). Attention! The directory is connected by links to databases of womens NGOs (both registered and non-registered), NGOs carrying out gender projects, researchers and teachers.




AZERBAIJAN STATE COMMITTEE ON FAMILY, WOMAN AND CHILD PROBLEMS

In Azerbaijan by initiative of the President Ilham Aliev in accordance with Presidential Decree dated by 6 of February 2006 State Committee on Family, Women and Children issues has been established. Chairwoman of the Committee is Mrs. Khidjran Guseynova. She is the professor of the Baku State University and the first woman- the doctor of political sciences in Azerbaijan




THE NATIONAL DOCUMENTS

The section presents the international documents on achievement of equality between men and women and protection of human rights for women.




THE INTERNATIONAL DOCUMENTS

The section presents the international documents on achievement of equality between men and women and protection of human rights for women.




DATABASE OF WOMEN'S NGO

The database base of womens NGOs includes the registered and unregistered organizations, womens f groups. Attention! There arent practically precisely profile NGOs in Azerbaijan. For completeness of the information search is recommended to realize by several key words




DATABASE OF NGOS, CARRYING OUT GENDER PROJECTS

The database represents the information about the international and national projects on gender problems for the period 1998-2007. Search is carried out both by thematic key words and under names of NGOs






Human Rights in the XXI Century - Azerbaijan














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Regional Initiative of Women's Groups for Promoting ICT as a Strategic Tool for Social Transformation









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