The Supreme Court has established a unified practice regarding the recognition of marriage as valid.
This was reported to “Elchi” by the court.
According to the information, the Civil Collegium of the Supreme Court has adopted a decision establishing a unified judicial practice regarding the subsequent recognition of an invalid marriage as valid.
According to the case materials, the plaintiff requested that the marriage concluded between his father and the defendant on April 3, 1976, be declared invalid. He stated that at that time, his father was still in a valid marriage with his mother, which had been concluded on September 15, 1974. The marriage of the plaintiff’s parents was only dissolved on June 19, 2004.
Although the court of first instance granted the claim, the appellate instance overturned this decision and rejected the claim. The court noted that according to the Marriage and Family Code of the Azerbaijan SSR in force at that time, if the circumstance preventing the conclusion of a marriage is subsequently removed, the court may consider that marriage valid.
The appellate court considered that after the marriage of the plaintiff’s parents was dissolved in 2004, the legal obstacle to the disputed marriage was removed. Therefore, the marriage concluded between the plaintiff’s father and the defendant in 1976 became valid.
The court also emphasized that declaring that marriage invalid does not affect the rights of children, including the right of inheritance.
The cassation instance also agreed with this position and, by not satisfying the plaintiff’s cassation appeal, upheld the decision of the appellate court.