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FAMILY CODE OF THE AZERBAIJAN REPUBLIC

Approved by the Law of the Azerbaijan Republic of December 28, 1999, No. 781-IQ

(The last edition from 17-10-2014)

This Code according to the basic rights and freedoms of man and citizen provided by the Constitution of the Azerbaijan Republic establishes the principles of creation and strengthening of the family relations, their terminations, the right and obligation of participants of the family relations, obligations of state bodies in this area, and also the regulations regulating rules of civil registration.

I Section. General provisions

Chapter I. Family legislation

Article 1. Family legislation of the Azerbaijan Republic and its basis

1.1. The family legislation of the Azerbaijan Republic consists of the Constitution of the Azerbaijan Republic, of this Code, other corresponding legal acts adopted according to this Code and the international treaties supported by the Azerbaijan Republic.

1.2. The family is in the Azerbaijan Republic under care of the state, motherhood, paternity, the childhood are protected by the law.

1.3. The family legislation proceeds from need of strengthening of family, creation of the family relations on feelings of mutual love and respect, inadmissibility of intervention someone in cases of family, mutual assistance and responsibility to family of all her members, ensuring free implementation by members of the family of the rights, possibilities of judicial protection of these rights.

1.4. In the Azerbaijan Republic legal regulation of the marriage and family relations from the legal point of view is performed by the state, and only the scrap concluded in relevant organ of the executive authority is recognized.

1.5. The religious wedding (religious scrap) has no legal value.

This provision does not concern the religious marriages concluded before creation of relevant organs of the executive authority, and documents concerning their confirmation, documents on the birth, marriage, the termination of scrap and death.

Article 2. The relations regulated by the Family code of the Azerbaijan Republic

2.1. The family code (further - this Code) the Azerbaijan Republic establishes rules and conditions of the conclusion, the termination of scrap and recognition by its invalid, governs the property and personal non-property relations arising between family members (spouses, parents and children) or in cases and limits, stipulated by the legislation, between other relatives and other persons, and also determines rules of acceptance on education of the children who were left without guardianship of parents.

2.2. Legal regulation of the family relations is performed according to the principles of voluntariness of scrap of the man and woman, equal rights of spouses, permissions of intra family questions by mutual consent, priority of family education of children, care of their welfare and development, ensuring priority protection of the rights and interests of minor and disabled family members.

2.3. Scrap is the voluntary union of the man and woman registered in relevant organ of the executive authority for the purpose of creation of family.

2.4. Any forms of restriction of the rights of citizens in case of marriage are forbidden and in the family relations on signs of social, racial, national, language or religious affiliation.

2.5. The rights of citizens in family can be limited only based on the law for the purpose of protection of morality, health, the rights and legitimate interests of other family members and other citizens.

Article 3. Tasks of this Code

3.0. Treat tasks of this Code:

3.0.1. creation of family on the basis of the universal principles;

3.0.2. creation of the family relations on the basis of the voluntary marriage union of the man and the woman, feelings of mutual love, friendship and respect of all family members, free from material reasons;

3.0.3. education of children in family in organic connection with public education and in the spirit of commitment to the Homeland;

3.0.4. comprehensive protection of interests of mothers and children and providing happy life of each child;

3.0.5. elimination of harmful traditions in the family relations;

3.0.6. education in children of sense of responsibility before family and society.

Article 4. Application to the family relations of the civil legislation

The regulations of the civil legislation which are not contradicting being of the family relations are applied to the property and personal non-property relations between family members specified in Article 2 of this Code not settled by the family legislation.

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