The Research On Legislation Of Civil Law In Azerbaijan

The year 2018 marked the 100 th anniversary of the Azerbaijan Democratic Republic.Azerbaijan has gone through three different political stages: the Democratic Republic(1918-1920),the Soviet Socialist Republic(1922-1991)and the modern Republic of Azerbaijan(1991-present).In each of these stages,the law of Azerbaijan had also undergone historic changes.In the 20 th century,Azerbaijan promulgated and effectively implemented three civil codes in 1923,1964 and 1999 respectively.China's first Civil Code is expected to be adopted in 2020.Therefore,these days Chinese civil law circles have been studying civil law and the experience of compiling civil codes around the world as well as putting forth various legislative proposals for the draft of China's Civil Code.Azerbaijan has compiled three Civil Codes throughout the 20 th century.In this time where the civil codes of several countries have attracted the attention of Chinese civil law scholars,the author is determined to introduce Azerbaijan's civil law and the rich experience in compiling civil codes to Chinese readers.This thesis conducts a comprehensive and systematic research on legislation of civil law and the compilation of Azerbaijan Civil Code through the methods of documentary study,historical research,legal interpretation and comparative study.Besides the Introduction and Conclusion,this thesis contains eight chapters.The first chapter introduces the history of Azerbaijan civil law,including Azerbaijani ancient civil law,medieval civil law,early modern and late modern civil law.This chapter mainly describes the traditions and customs of civil law in Azerbaijan since ancient times.The second chapter reviews the Civil Code of 1923,which was adopted in the early Soviet period of Azerbaijan.The political background,legislative origin,main characteristics,content,later development and fate of the Civil Code of 1923 are analyzed in this chapter.The third chapter introduces the Civil Code of 1964,which was adopted in the late Soviet period of Azerbaijan.This chapter expounds the background of the Civil Code of 1964,its main characteristics,structure,basic content,and probes into its historical evaluation.The fourth chapter deals with the Azerbaijan Civil Code,which was adopted in 1999.This chapter outlines the background of the social and political transformation in its compilation,as well as its main characteristics and content.Furthermore,this chapter studies the legislative technology and structure of the current Azerbaijan Civil Code.Finally,it explores the legislative model of civil and commercial law integration in the Azerbaijan Civil Code,considers the independent compilation of the personality rights in the Civil Code,underscores the need of maintaining special civil law on intellectual property in the Azerbaijan Civil Code and outlines the legislative arrangement of the law of obligation in the Civil Code.The fifth chapter reviews the succession of the current Azerbaijani Civil Code from the civil law of foreign countries.In other words,the enlightenment and influence of the German Civil Code,the Civil Code of the Russian Federation and the CIS Model Civil Code on the current Azerbaijani Civil Code are analyzed.The fifth chapter reviews the succession of the current Azerbaijan Civil Code from the civil law of foreign countries,specifically the influence of German Civil Code,the Civil Code of the Russian Federation and the CIS Model Civil Code on the current Azerbaijan Civil Code are analyzed.The sixth chapter deals with the revival of private law in the current Azerbaijan Civil Code,including the transformation of Azerbaijan civil law from a planned economy to a market economy.This chapter mainly introduces the privatization policy and land privatization reform initiated by the government of Azerbaijan after the collapse of the Soviet Union.The seventh chapter studies the influence of religion on civil law in Azerbaijan during different periods,focusing mainly on the influence of Zoroastrianism and Islam on civil law.In addition,this chapter discusses the influence of religion on the law of succession during the period of the Soviet Union and the modern independent Republic.The eighth chapter reflects the current Azerbaijan Civil Code,combs through the significance of the rule of law and the status quo of the Civil Code's revision.The characteristics of the Civil Code,as well as the shortcomings of the Azerbaijan Civil Code are summarized in this chapter,and some suggestions are made for its improvement.In addition,the results of this thesis may serve as a legislative inspiration for the Civil Code of China,which is to be enacted in 2020.