LAW OF THE REPUBLIC OF AZERBAIJAN ON PRIVATE INTERNATIONAL LAW
ABOUT INTERNATIONAL PRIVATE LAW
LAW OF THE REPUBLIC OF AZERBAIJAN
Accepted: June 6, 2000, № 889-IQ
Chapter I.
General Provisions
Article 1. Scope of application of the law and determination of the law to be applied
1.1. This Law determines the legal norms to be applied to civil-legal relations with an external element.
1.2. The right to be applied to civil-legal relations with a foreign element is determined by this Law, as well as other relevant legislative acts, international treaties to which the Republic of Azerbaijan is a party and generally accepted international customs, as well as the consent of the parties.
1.3. The agreement of the parties to determine the applicable law must be clearly stated or, as a whole, directly derived from the terms of the contract and the circumstances of the case.
1.4. The application of the legal norms of foreign countries cannot be limited only on the basis of their general legal nature.
1.5. The provisions of this Law on the determination of the right to be applied by the court shall be applied by other bodies having such powers.
Article 2. Determining the content of foreign law
2.1. In the application of foreign law, the court is obliged to take all necessary measures to determine the content of these legal norms in the relevant country in accordance with their official interpretation and application practice.
2.2. If the actions provided for in Article 2.1 of this Law are ineffective or require excessive costs and none of the parties to the proceedings can submit documents confirming the legal norms to which they refer to justify their claims and objections, the court shall apply the legislation of the Azerbaijan Republic.
Article 3. Backward reference or reference to the law of a third state
3.1. In accordance with the provisions of this Law, any reference to foreign law implies the application of the substantive law of the relevant foreign country, except as provided in this article.
3.2. When regulating the relations provided for in Articles 9 and 10 of this Law, as well as family-inheritance legal relations, a reference to the law of the Republic of Azerbaijan or a reference to the law of a third country shall be accepted in the application of foreign law.
Article 4. Restrictions on the application of foreign law
Foreign legal norms contradicting the Constitution of the Republic of Azerbaijan and acts adopted by referendum shall not be applied in the Republic of Azerbaijan.
Article 5. Application of imperative norms
5.1. According to this Law, the imperative norms of the law of the Republic of Azerbaijan regulating the relevant relations are applied regardless of the law to be applied.
5.2. When applying the law of one country, the law of that country may give preference to the imperative norms of another country, which are closely related to the circumstances (essence) of the case, to the extent possible without reference to the law based on the contract. When deciding whether to give preference to such norms, their purpose and nature, as well as the results of their application, must be taken into account.
Article 6. Application of the law of a state with several legal systems
Where the law of a State in which several legal systems are in force applies, the law of that State shall determine which of those legal systems shall apply. If no such procedure is established, a legal system that is more closely related to the circumstances of the case should be applied.
Article 7. Retaliations (special restrictions)
The relevant executive authority of the Republic of Azerbaijan may impose similar restrictions as a response to citizens and legal entities of states applying retaliation to citizens and legal entities of the Republic of Azerbaijan.
Article 8. Illegality of the rule of law
Agreements and other actions of the Parties aimed at subordinating the relevant attitude to another law in excess of the rules established by this Law on the applicable law shall be considered illegal. In such cases, the law of the relevant country, the application of which is determined by this Law, shall apply.
Chapter II
Individuals
Article 9. Law referred to by an individual
9.1. The law of the country of citizenship is considered the law to which the individual refers. For a person with two or more nationalities, the law of the country to which that citizen is most closely related is the law to which he or she is referring.
9.2. The law of the country of permanent residence of a stateless person is the law to which he refers.
9.3. The law of the country of refuge is the law to which the refugee refers.
Article 10. Legal and legal capacity of an individual
10.1. The rights and legal capacity of an individual are determined by the law to which he refers.
10.2. The legal capacity of an individual in respect of transactions and obligations arising from the damage shall be determined by the law of the country where the transaction was concluded or the liability for the damage was incurred.
10.3. Consideration of a natural person as incapable or incapable