On June 6, 2000 No. 889-IG
About private international law
1.1. This Law establishes the precepts of law which are subject to application to civil legal relationship with foreign elements.
1.2. The right which is subject to application to civil legal relationship with foreign elements along with this Law is established also on the basis of other corresponding legal acts, international treaties supported by the Azerbaijan Republic and the commonly accepted international customs, and also by agreement of the parties.
1.3. The consent of the parties to determination of the right which is subject to application shall be clearly stated or directly to proceed from terms of the contract and the facts of the case in general.
1.4. Application of precepts of law of foreign countries cannot be limited only owing to their all-legal nature.
1.5. Provisions of this Law on determination of the right which is subject to application by court shall apply and other bodies having such powers.
1.6. The relations in the field of establishment of precepts of law which shall be applied in the civil relations with foreign element in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".
2.1. In case of application of foreign law the court shall take all necessary measures for establishment of contents of these precepts of law according to their official interpretation and practice of application in the respective country.
2.2. If the stipulated in Article 2.1 presents of the Law of action did not yield result or require extremely big expense and any of the parties, being the participant of process, cannot submit the documents confirming precepts of law to which she refers for reasons for the requirements and protests the legislation of the Azerbaijan Republic is applied.
3.1. According to provisions of this Law any reference to foreign law provides application of the substantive right of the respective foreign country, except as specified, provided by this Article.
3.2. During application of foreign law in case of regulation of the relations provided by articles 9 and 10 of this Law, and also heredo-familial legal relationship the back link on the right of the Azerbaijan Republic or the reference to the right of the third country is accepted.
The foreign precepts of law contradicting the Constitution and the acts of the Azerbaijan Republic adopted by referendum are not applied in the Azerbaijan Republic.
5.1. Irrespective of the right which is subject to application under this Law the mandatory rules of the Azerbaijan Republic governing the corresponding relations are applied.
5.2. In case of application of the right of one country according to the right of this country as the peremptory rules of other country which are closely connected with circumstances (being) of case it can be preferred in that degree in what it is possible for their application without reference to the right taken as basis in the agreement. In case of decision making about provision of benefit to such regulations their purpose and nature, and also results of application shall be considered.
In cases of application of the right of the state in which several systems of law are effective the right of this state determines what of these systems of law will be applied. In the absence of establishment of such procedure for application the system of law which is most closely connected with the facts of the case shall be applied.
The relevant organ of the executive authority of the Azerbaijan Republic can enter as response measures for citizens and legal entities of the states applying retortion to citizens and legal entities of the Azerbaijan Republic, similar restrictions.
The arrangement and other actions of the parties directed to exceeding of the rules established by this Law on the right which is subject to application and subordination of the corresponding relation to other right are considered as illegal. In these cases the right of the respective country which application is established by this Law is applied.
9.1. The right of the country which citizen is the physical person is considered the law to which it refers. And for person having two or more nationalities, the right of the country with which it is most closely connected is considered the law to which the citizen refers.
9.2. The country right where the person without citizenship constantly lives, is considered the law to which it refers.
9.3. The country right where the refugee found shelter, is considered the law to which he refers.
10.1. Legal capacity and capacity to act of physical person are determined by the law to which it refers.
10.2. Capacity to act of physical person concerning the obligations which resulted from transactions and the caused damage is determined by the country right where the bargain was concluded or there was obligation connected with the caused damage.
10.3. Recognition of physical person by incapacitated person or restriction of his capacity to act is performed according to the right of the country which possesses court.
Recognition of physical person by the missing person or the announcement by his dead submits to the right of the country which possesses the court considering this case.
The right of the country in which the legal entity is founded is considered the law to which this person refers.
13.1. Legal capacity of the legal entity is determined by the law to which it refers. This procedure extends also to representation and branch of the legal entity.
13.2. The foreign legal entity cannot bring protest concerning restriction of its powers owing to the conclusion by its body (branch) or the representative of the transaction prohibited according to the country right where the bargain was concluded.
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