Main | Contact Us |
AZ | EN | RU
Online consultation
About Us
Our Experience
Our Service
Our Customers
Our Team
Sual - Cavab
Question #1

“Kermur” Specialized Bureau of Advocates with high legal assistance opportunities began functioning in law assistance market of the Republic of Azerbaijan from 2006.
The key objective of our Bureau is to defend all interests, including economical interests of clients applying to us.

The Bureau has rich experience in acceptance of immovable property to commissioning, tax, compensation of inflicted damages, claim on property, ensuring making of unpaid debts, and settlement of difficult economical disputes occurring in other spheres.

 

F.A.Q.

Question #1-1. What does corporate common property of spouses mean?

Question #2 - 2. What differs the stopping of the flow of claim period from cassation of this period?

Question #3- 3. What are principles for determination of guardianship and patronage?

For Your Information

Methodic Study Guide On Issues Related To The Registration
Of Legal Entities.

 

1. What does corporate common property of spouses mean?

Answer: Legal condition of the property under common property of spouses is regulated by Article 225 of the Civil Code, Articles 31-37 of the Family Code. Subject to Clause 1, Article 225, the Civil Code, any property acquired during marriage term of spouses, unless otherwise is specified or otherwise is agreed between the parties, this property shall be common property. The property acquired during marriage term of spouses is their corporate property (Clause 1, article 32, The Family Code). The property obtained and acquired during marriage constitutes corporate property of spouses.

Corporate property of spouses may include incomes obtained by each of them from legal activities, their pension and remunerations, objects obtained by their common incomes, securities, shares in credit institutions, deposits and any other property acquired during the marriage term of spouses.

The followings are not subject to corporate property rights of spouses:

•  the property, owned by husband, or wife separately before the marriage

•  property received by husband or wife during the marriage as a gift or inheritance, as well as property obtained by other gratuitous acts;

•  possessions of individual use (for example clothes, shoes and etc.) except adornment and jewelries. Such kinds of properties (things of individual use such as suits, clothes, shoes and etc.) which are not subject to corporate property right are considered separate property of spouses. Though they are obtained during the marriage term of the spouses but they are considered the property of user.

Any property which belongs to any of spouses may be considered their corporate property. But for this, it is very important to determine who was made investment that increased the value of that property significantly at the cost of corporate or individual property of the spouses during the marriage term (Clause 225.4 of Civil Code, Clause 35 of the Family Code). “Investment that increased the value of that property significantly” means capital repair, reconstruction, changing of equipment and etc.

According to Paragraph 5 of Clause 225 of the Civil Code, the charge for the liabilities of husband (wife) may be directed to the property under his or her possession as well as to his her share in corporate property of spouses, unless there are mentioned other terms and conditions in marriage contract.

There are mentioned two routine in the Family Code for the property relations established between supposes: legal routine (Chapter 7, Clauses 31 to 37); contractual routine (Chapter 8, Clauses 38 to 42).

Unless it is otherwise determined by marriage contract, there will be acting the legal routine for the property of the spouses. The routine for corporate property of the spouses is considered the legal routine of their property (Clause 31.1 of the Family Code).

The Contractual routine for the property of spouses means the application of corporate, distributed or separate property routine to corporate property, different kind of them or to the property of each of the spouses by changing the routine for corporate property of the spouses that was determined by law. Contractual routine is innovation for our legislation.

 
Question#2
 

What differs the stopping of the flow of claim period from cassation of this period? How does the change of creditor or debtor upon the loan agreement affect the claim period?

Answer: Let's firstly mention that the claim period is a period determined by law for protection of violated rights by filing a claim. The main objective of the claim period is to issue a period of time to an authorized person whose rights were violated to defend its rights by the way of court.

Stop of the flow of claim period means that the period of time in which an objective case which prevents filing a claim and intended in law exists is not counted for the claim period and the flow of that period continues from day of elimination of that case. The flow of the claim period may be stopped if: filing of a claim is prevented by emergency or force-major situations; the petitioner or defendant serving in militarized armed forces; the Cabinet Council determines moratorium; disabled person has not any registered agent and etc. (Clause 379 of the Civil Code)

The rules for cassation of the flow of claim period are defined in Clause 380 of the Civil Code: “If the claim is properly made and the debtor acts in such manner which demonstrates that he/she acknowledges the debt, than the flow of claim period will be ceased. The claim period starts again after the interval. The time passed before the interval is not included in new period.”

According to the abovementioned Clause, the flow of claim period will be ceased as the result of definite actions by the parties and the flow of claim period starts again after such cessation without taking into consideration the passed period. The cessation of the flow of claim period differs from the stop of this period just for these characters. So that as it was mentioned above, when the flow of the period starts again after its stop, the period which passed till the stop of this period will not be included in the claim period. In such case the flow of the claim period starts from the day of its stop.

s we know, loan agreement is a type of contract. Contract is one of the reasons for creation of obligations. From this point of view according to Clause 378 of the Civil Code the change of obligated persons does not result in changing of the claim period and its calculation order.

 

Question#3

 

What are principles for determination of guardianship and patronage?

Answer: According to Paragraph 3 of Clause 33 of the Civil Code guardianship and patronage are determined in the following cases:
1) if underage person has no parent and there is no one who adopts him/her;
2) if his/her parents are deprived of parentage rights;
3) if parents deviate from educating and protecting the rights and interests of underage persons;
4) in all other cases when there is need for guardianship and patronage.

 

 

Methodic Study Guide On Issues Related To The Registration Of Legal Entities.

   
   
 

 


We look forward to working with you to build your vision

Rustamov Ruslan

 

Apply us without complicating your small problems!

Elvin M. Novruz

   

Main | About Us | Our Experience | Our Services | Contacts
Copyrights (c) 2009 KERMUR
All rights reserved