Logo

Legislative Gap as an Obstructing Factor to the Exercise of Property Rights in Georgian Private Law

ბარამიძე.jpg
Giorgi Baramidze

Doctoral Candidate of David Aghmashenebeli University of Georgia, Lawyer

Abstract

Property has played an important role in the life of society since time immemorial, because throughout the entire past period a person, associating property with both his personal and his family’s economic well-being, tried and still tries to protect it, both within the country and beyond its borders.

Accordingly, property, at first glance, should include the owner’s right to the assets which Article 147 of the Civil Code of Georgia attributes to all things and to those intangible property benefits, the possession, use, and disposal of which may be exercised by natural and legal persons and the acquisition of which may occur without restriction, if this is not prohibited by law or does not contradict moral norms.

However, due to the fact that the existing national legislation is characterized by a number of shortcomings, in certain cases, and especially if there is corresponding political will for this, problems are created regarding the protection of ownership rights over immovable property and certain intangible property benefits, which requires appropriate legislative amendments.

Keywords: property, legislation, shortcomings, right, protection, things.

References

  1. Constitution of Georgia; Civil Code of Georgia; Administrative Procedure Code of Georgia; Law of Georgia “On Licenses and Permits”; Law of Georgia “On State Property”; Law of Georgia “On Subsoil”; Law of Georgia “On Licenses and Permits”;
  2. Resolution of the Chief Prosecutor’s Office of Georgia dated March 20, 1018, on recognition as a victim in criminal case N 006220113003;
  3. Order #102 of the Minister of Environmental Protection and Natural Resources of Georgia dated 15/02/2006;
  4. License Certificate N00035 issued by the Ministry of Environmental Protection and Natural Resources of Georgia on May 4, 2006;
  5. Order #181 of the Minister of Justice of Georgia dated October 8, 2010 - https://matsne.gov.ge/ka/document/view/1040547?publication=0;
  6. Ordinance #1044 of the Government of Georgia dated May 25, 2015 - https://matsne.gov.ge/ka/document/view/2858361?publication=0;
  7. Order N181 of the Minister of Justice of Georgia dated February 28, 2026 - https://matsne.gov.ge/ka/document/view/6789636?publication=0;
  8. Collection of Law Books of Vakhtang VI (The Law of King Vakhtang);
  9. Chavchavadze I., Complete Collection of Works, Volume VI. 1956;
  10. Moniava P. (T.), Introduction to the General Part of the Civil Code of Georgia. Tbilisi. 2013;
  11. Moniava P. (T.), The Social Nature of Property, Its Content, the Criteria Established by the Precedential Decisions of the European Court of Human Rights Regarding the Protection of Property, and the Existing Reality in Georgia in this Regard. Journal: “Spectrum” N4, 2021, Tbilisi;
  12. Gakhokidze J., Gabisonia I., Mamniashvili M., Moniava P. (T.), Investigative Law, Book One. Tbilisi. Publishing House “World of Lawyers.” 2018;
  13. Adeishvili Z., Winter G., Kitoshvili D. Commentary on the General Administrative Code of Georgia. Tbilisi. 2002;
  14. Adam Smith, An Inquiry into the Nature and Causes of the Wealth of Nations. Tbilisi. 1938;
  15. Kharitonashvili J. Adam Smith, Founder of Economic Science - https://burusi.wordpress.com/2013/05/29/adam-smith-3/ (as of 21/03/2026);
  16. Baramidze G. The Social Nature of Property at Different Stages of Social Development Abroad and in Georgia, Journal “Spectrum” Volume 11 №1 (2025) - https://journals.4science.ge/index.php/spectri/article/view/4576/4603;
  17. Ulrich Huber, “On the Conflict of Laws in Different Empires” / Huber’s Conflict of Laws - https://openyls.law.yale.edu/entities/publication/9a54706f-2fc6-46dc-9a33-22cacdae912b (as of 21/03/2026);
  18. Veshapidze, Sh., “Ilia Chavchavadze’s Concept of Universal Welfare Oriented toward European Values,” Journal: “New Economist” #47, 2017, p. 35.
  19. Legally effective ruling of the Administrative Cases Panel of the Tbilisi City Court dated April 22, 2025 (Case #3/2963-25);

20. Legally effective ruling of the Civil Cases Panel of the Tbilisi City Court dated April 23, 2025 (Case #2/11261-25);

21. Legally effective ruling of the Tbilisi Court of Appeals dated May 20, 2025 (Case #2b/2598-25);

22. Legally effective ruling of the Tbilisi Court of Appeals dated January 10, 2025 (Case #2b/2485-25); Ruling #bs-942 (K20) of the Supreme Court of Georgia dated December 28, 2022.

The New Economist, N3, 2026, Vol. 21, Issue 3.

axali ekonomisti 3-2026 kda_edited.jpg
Published Date:

07/10/2026

Article Views: 67