Azərbaycan Respublikası Mülki Məcəlləsinin 234-cü maddəsi - “yaşayış binasının tərkib hissəsinə mülkiyyət hüququna xitam verilməsi”: hüquqi mahiyyəti və müqayisəli təhlili

This article provides a comprehensive and detailed analysis of Article 234 of the Civil Code of the Republic of Azerbaijan—“Termination of Ownership Rights to a Component Part of a Residential Building”—from legal, practical, and comparative law perspectives. Initially, the reasons behind the enactment of this provision, its stages of historical development, and its place within the Azerbaijani civil law system are explored. The author elaborates on the scope of application of the article, offering examples from judicial practice, particularly regarding residential buildings that are deemed hazardous or are being demolished in the public interest. The article further compares the Azerbaijani approach with the legislation of Switzerland, Türkiye, and Russia, highlighting both the similarities and distinctive features of analogous mechanisms in various legal systems. Special emphasis is placed on the concept of “peşman haqqı”—known in comparative law as "compensation for withdrawal", “compensation in lieu” or “compensatory payment”—and its legal essence as a tool for resolving property disputes between owners. It is underlined that this mechanism plays a balancing role in the resolution of conflicts arising between entrepreneurs and property holders. The procedures for calculating and paying this compensation, as well as its impact on social justice, are thoroughly examined. Moreover, the article notes that the application of this legal norm leads to significant consequences not only in the legal domain but also from social, economic, and urbanization perspectives. The author points out that, as a result of applying Article 234, special attention is paid to protecting the rights of property holders, especially during urban redevelopment projects in large cities involving old or unfit buildings. This protection is recognized as playing an essential role in the implementation of the state’s social policy. Ultimately, the study concludes that this provision is both innovative and progressive in terms of legal technique and policy, serving as a crucial instrument in balancing property rights with public interests. Keywords: Property rights, condominium, hazardous buildings, compensation for withdrawal, forced termination, Civil Code, residential ownership.