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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

(as amended on 23-04-2021)

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.

Article 5. Application of the family legislation and civil legislation to the family relations by analogy

If the relations between family members are not settled by the family legislation or the agreement of the parties, and in the absence of the regulations of the civil law which are directly governing the specified relations to such relations if it does not contradict their being, the regulations of the family and (or) civil law governing the similar relations are applied. In the absence of such rules of law and obligation of family members are determined according to the general principles of the family and civil legislation, and also the principles of humanity and justice.

Chapter II. Implementation and protection of the family rights

Article 6. Implementation of the family rights and execution of family obligations

6.1. Citizens at discretion perform the family rights, and also protection of these rights if other is not established by this Code.

6.2. Implementation by the member of the family of the rights and execution of the obligations by it shall not violate the rights, freedoms and legitimate interests of other family members and other citizens.

Article 7. Protection of the family rights

Protection of the family rights is performed by courts, and in the cases provided by this Code - relevant organs of the executive authority and other state bodies in the procedure established by the legislation.

Article 8. Use of limitation period in the family relations

8.1. On the requirements following from the family relations, limitation period does not extend, except as specified, if term for protection of the violated right is established by this Code

8.2. In case of application of the regulations establishing limitation period, the court is guided by the rules provided by the Civil code of the Azerbaijan Republic.

II Section. Conclusion and termination of scrap

Chapter III. Procedure and conditions of marriage

Article 9. Procedure for marriage

9.1. Marriage is made by relevant organ of the executive authority at personal presence of persons marrying after month from the date of submission of the statement by them with appendix of the reference certifying passing of physical examination according to Article 13.3 of this Code.

9.2. In the presence of reasonable excuses the relevant organ of the executive authority can reduce or extend scrap imprisonment term, but no more than for month.

9.3. In particular cases (in case of pregnancy, the birth of the child and other cases) it can be got married in day of filing of application.

9.4. The rights and obligations of spouses arise from the date of state registration of marriage of the executive authority by relevant organ.

9.5. The refusal of relevant organ of the executive authority in registration of scrap can be appealed administratively and (or) in court by persons wishing to marry (one of them).

Article 10. Age of consent

10.1. The age of consent in the Azerbaijan Republic is established in 18 years.

10.2. In the presence of reasonable excuses relevant organ of the executive authority of the territory at the place of residence of the minors who are wishing to marry, having the right to reduce at their request age of consent no more than by 1 year.

Article 11. Marriage conditions

11.1. Marriage requires written consent, marrying, submission of the reference certifying passing of physical examination by them according to Article 13.3 of this Code and achievement of age of consent by them.

11.2. It cannot be got married in the cases specified in article 12 of this Code.

Article 12. The circumstances interfering marriage

12.0. Marriage is not allowed between:

12.0.1. close relatives (parents and children, grandmothers, grandfathers and grandsons, full and not full (having general the father or mother) brothers and sisters);

12.0.2. adoptive parents and adopted;

12.0.3. persons of whom one person or both consist in other scrap;

12.0.3-1. persons who refused to provide the reference certifying passing of physical examination by them;

12.0.4. persons from whom one person or both are acknowledged court incapacitated owing to sincere disease or intellectual backwardness.

Article 13. Physical examination of persons wishing to marry

13.1. Persons wishing to marry undergo physical examination on diseases which list is established by relevant organ of the executive authority.

13.2. Physical examination of persons wishing to marry and also consultation of these persons on medico-genetic, medico-psychological questions and questions of planning of family is performed at the expense of means of the government or local budget respectively (and if it is provided in service package according to the Law of the Azerbaijan Republic "About medical insurance" - at the expense of means of compulsory medical insurance) based on their address in the public and (or) local medical institutions at the place of residence.

13.3. The reference certifying passing of physical examination by them is issued to persons wishing to marry along with results of their physical examination. The reference certifying passing of physical examination by persons wishing to marry confirms the fact of passing of physical examination and provision of medical consultation according to Article 13.2 of this Code and does not reflect results of physical examination of these persons.

13.4. The reference certifying passing of physical examination by persons wishing to marry is enclosed to the declaration of accession to scrap submitted by them to relevant organ of the executive authority. Officials of relevant organs of the executive authority cannot demand from persons wishing to marry results of their physical examination.

13.5. The procedure for passing of physical examination by persons wishing to marry and form of the reference certifying passing of physical examination by persons wishing to marry affirm relevant organ of the executive authority.

13.6. Results of physical examination of persons wishing to marry are medical secret.

13.7. If one of persons wishing to marry hides availability of the dermatovenereal disease and disease caused by human immunodeficiency virus from other person, then other party can take a legal action with the requirement about scrap recognition by invalid.

Chapter IV. Scrap termination

Article 14. Bases for the scrap termination

14.1. Scrap stops in case of death or recognition judicially of one of spouses by the dead.

14.2. Scrap can be stopped according to the statement of one or both spouses, and also according to the statement of the guardian of the spouse recognized judicially as incapacitated.

Article 15. Restriction of the right to presentation by the husband of the requirement about annulment of marriage

The husband has no right without the consent of the wife to bring the action of rescission of scrap during pregnancy of the wife or within year after the child's birth.

Article 16. Procedure for annulment of marriage

Annulment of marriage is made by relevant organ of the executive authority, and in the cases provided by Articles 19-21 of this Code - court.

Article 17. Annulment of marriage in relevant organ of the executive authority

17.1. In case of mutual consent on annulment of marriage of the spouses who do not have general minor children, annulment of marriage it is made in relevant organ of the executive authority.

17.2. Annulment of marriage according to the statement of one of spouses irrespective of availability at spouses of general minor children is made in relevant organ of the executive authority if other spouse:

17.2.1. it is acknowledged judicially it is unknown absent;

17.2.2. it is recognized judicially as incapacitated;

17.2.3. it is condemned for crime execution to imprisonment for the term of at least three years.

17.3. it is excluded

17.4. State registration of annulment of marriage is made by relevant organ of the executive authority according to the procedure, established by the legislation.

Article 18. Consideration of the disputes arising between spouses in case of annulment of marriage in relevant organ of the executive authority

Disputes on the Section of common property of spouses, payment of funds for content of the needing disabled spouse, and also the disputes arising between the parties if one of the parties it is recognized as court incapacitated, or imprisonment for the term of at least three years, or about children, are considered judicially irrespective of annulment of marriage in relevant organ of the executive authority.

Article 19. Annulment of marriage judicially

19.1. Annulment of marriage is made judicially in the presence at spouses of general minor children, except as specified, stipulated in Article 17.2 of this Code.

19.2. Annulment of marriage is made judicially also in cases if one of spouses, despite the absence of at it objections, evades from annulment of marriage in relevant organ of the executive authority (refuses to submit the application, also another does not wish to be for state registration of annulment of marriage).

Article 20. Annulment of marriage judicially in the absence of the consent of one of spouses

20.1. Annulment of marriage judicially is made if by court it is determined that further joint life of spouses and preserving family are impossible.

20.2. In the absence of the consent of one of the parties to annulment of marriage the court has the right to adjourn case, having appointed spouses term for conciliation within three months.

Annulment of marriage is made if conciliation does not happen or spouses (one of them) insist on annulment of marriage.

Article 21. Annulment of marriage judicially in case of mutual consent of spouses

21.1. In the presence of mutual consent on annulment of marriage of the spouses having general minor children and also in the cases specified in Article 19.2 of this Code, marriage is dissolved judicially without clarification of motives of its termination.

21.2. According to Article 22.1 of this Code of the spouse has the right to submit the agreement on children for consideration of court. In the absence of such agreement or if the agreement violates the interests of children, the court takes measures to protection of their interests according to the procedure, stipulated in Article 22.2 of this Code.

21.3. Annulment of marriage is made judicially not earlier than the expiration of month from the date of submission of the declaration of avoidance of scrap by spouses.

Article 22. The questions resolved by court in case of decision about annulment of marriage

22.1. In case of annulment of marriage judicially spouses can bring into court the agreement determining with which of them minor children, payment procedure of funds for content of children and (or) the disabled needing spouse, the size of these means and the Section of common joint property of spouses will live.

22.2. In case of absence between spouses of the agreement on the questions specified in Article 22.1 of this Code, and also violation by this agreement of interests of children or one of the parties, the court shall:

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

22.2.2. determine from which of parents and in what sizes the alimony for their children is collected;

22.2.3. upon the demand of spouses (one of them) to make the Section of the property which is in their joint property;

22.2.4. upon the demand of the spouse having the right to funds for content from other spouse to determine the amount of this content, subject to deduction from the spouse.

22.3. If the Section of property infringes on interests of the third party, the court has the right to select the requirement about the Section of property in separate production.

Article 23. The moment of recognition of scrap stopped in case of its termination

23.1. The marriage dissolved in relevant organ of the executive authority is considered stopped from the date of state registration of annulment of marriage, and in case of its termination judicially from the date of the introduction of the judgment in legal force.

23.2. Annulment of marriage in court is subject to state registration according to the procedure, established for state registration of acts of civil status.

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