Azerbaijani Ombudsman sends request to Constitutional Court on compulsory share in inheritance

Azerbaijani Ombudsman Elmira Suleymanova is concerned that the right to a compulsory share of inheritance leads to the restriction of property rights.

Based on the fact that the article 1193 (compulsory share of inheritance) of the Civil Code is contrary to article 29 (ownership) of the Constitution, the Commissioner for Human Rights has sent to the Constitutional Court a request to comment on this article, the Constitutional Court told Trend.

The Constitutional Court will consider the request of the Ombudsman at a meeting on June 10.

According to the article 1193 of Civil Code, children, parents and spouse (wife) of the testator have a compulsory share of inheritance, regardless of content of testament. This share should make up half of the share that would be available for each of them in inheritance.

Based on the protection of property rights in accordance with the Constitution, the Ombudsman considers that the recognition of the right to a compulsory share of inheritance unduly restricts the right to inheritance and property rights of the testator.


/Trend/