In recent days, legal positions reflected in the April 269, 1, issue of the Constitutional Court of Azerbaijan have resulted in the formation of different opinions in society.

This was noted in a report to the EPA by the Constitutional Court.

In this regard, the Council has said that the issue raised in a petition to the Constitutional Court of Baku's Court of Appeals relates to whether the principal borrower and if the borrower dies, the claims raised against the mortgage holder (while there are different borrowers and mortgages) are directed to the mortgage:

"The Constitutional Court's Decision, adopted by the Plenum, showed that because Article 48 of the Mortgage Act does not constitute the death of a borrower as the basis for a petition to a mortgage agreement, the death of the borrower does not result in any legal consequences in relation to the mortgage agreement. That is, the mortgage agreement continues even when the borrower dies.

The decision also stipulates that according to Article 1151.1 of the Republic of Azerbaijan, inheritance includes a collection of property rights (heritage activity) and duties (heritage passive) that the heir has until his death. That is, the inheritance is accepted by the inheritance.

In conclusion, the Constitutional Court's Plenum, in light of the relevant legislative standards, concluded that a borrower (such as a loan agreement borrower), including in the event of the death of the latter, can claim that the creditor should be directed to the mortgage prediction when the loan fails to perform the obligation or performs it properly (in the event of a breach of the principal obligation). That is, in the event of a breach of the obligation, it has been deemed possible to direct a mortgage to a legally binding mortgage without claiming against the principal borrower or legacies.

It should be noted that the right to a mortgage is the right to hold a mortgage in cases where there are legally binding grounds. The issue asked to be commented on is related to the mortgage (girov) institution as a basis for the implementation of obligations such as a legal category, not to be associated with the line of the Mortgage and Credit Insurance Fund or otherwise."