Supreme Court against ownership restrictions
Azerbaijan, Baku, Oct. 22 / Trend corr K.Zarbaliyeva /
The Supreme Court of Azerbaijan has appealed to the Constitutional Court to clarify the 5th and the 12th article of the Law on the Privatization of the Housing Stock, the Constitutional Court reported to Trend on Monday.
According to the Article 5 of the law, following the privatization of apartments, with the consent of the adult members of the family living with the tenant, the apartment can be transferred into the ownership of one or more members of the family, or in the common property of all members of the family, the Supreme Court Judge Asad Mirzaliyev told Trend.
The 12th article of the law also says that citizens who received an apartment in the property and have reached the age of majority can bequeath, donate, sell, lease and perform other actions with it, which not contradict the legislation.
"Most of the members of the family refuse the right for the apartment in favor of parents or other family members. During the sale, the will and the donation of apartments the owner must obtain the consent of all family members listed on this living space. This is a violation of the rights of the owner. So as if he is the owner of the apartment, why are these restrictions?" Mirzaliyev noted.
According to him, another contradiction in the law is the violation of the mysteries of the will. Mirzaliyev said, law implies secrecy of will.
"From the contents of the law on 'Privatization of the housing stock', follows that the will of the apartment owner must obtain the consent of other family members, so other family members are actually informed of the nature of the will. In this case, the mystery of the will is violated" he added.