Law and World (E-Journal) / სამართალი და მსოფლიო
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დანაშაულებრივი გზით სხვის უძრავ ნივთზე საკუთრების უფლების მოპოვება (კონკრეტული სასამართლო გადაწყვეტილებების მიმოხილვა)
Get PDFThe research shows that the issue is very relevant, as the interests of two subjects of law are at stake. On the one hand the interest of the rightful owner who owns the real estate and on the other hand the interests of the private mortgagors who have mortgaged the real estate in exchange for a certain amount. Attention should be drawn to the fact that the Court of Appeals, in its reasoning, refers to mortgagors as the acquisition of immovable property, which is a wrong approach, since mortgages are a relative right as opposed to an absolute one, and thus in these types of disputes, it would be fair to cancel a mortgage. None of the chambers discusses the responsibility of the National Agency of Public Registry, which in this case should be the subject of discussion, since the registration of ownership of real estate is the competence of the National Agency of Public Registry, however, the public has a high standard of trust in the registry. It is the responsibility of the Registry, therefore it is its responsibility, it should be noted that the Georgian court practice is already aware of the fact that the Public Registry has compensated a number of damages, which means that the Administrative Board and the National Court as a whole impose responsibility on the Registry in their decisions. It can be said that the solution to the problem will be the introduction of a special marking standard on real estate by the public registry, with the help of which the owner will be able to give some warning to third parties not to mislead them. It is possible to introduce a "Compensation Fund" which already exists in the Federal Republic of Russia, with the help of this fund it is possible without a dispute, the rightful owner will receive monetary compensation in full for his real estate. It would be good to amend the Civil Code, according to which Article 185 of the Civil Code of Georgia would be drafted with the content of Article 187, in particular, the mortgagee and the purchaser of real estate would be obliged to inspect the real estate, not only in the public register, but also on the spot. Equal protection of the interests of the owner
პირგასამტეხლოს რეგულირების გერმანულ-ქართული მოდელი
No full textThe present article reviews the Penalty as an additional claim securing tool that has been adopted in private or public-legal relations and nowadays, it is characteristic to the laws of all countries belonging to the Roman-German (continental) or Anglo-American systems of law. This is why thorough study of the issue is performed by making focus on the comparative-legal analysis of the Georgian model and the German system of law. It is noteworthy that the Georgian legislation has been significantly amended with regards to the Penalty. Since 2017, the Civil Code of Georgia has provided a new definition of a statutory penalty (article 625) within the loan obligations, which was positioned on the 150%-scale that was inappropriate and unreasonable from the very beginning, and thus, it finally diverged from the overall practice adopted in the European countries. The article provides the review of a complex of issues like: the need for defining the form of a penalty, the prerequisites for charging and cancelling a penalty within the enforcement of decisions, court’s rulings on inappropriately high penalties, criticism of a statutory penalty determined under the new standard of article 625 of the Civil Code of Georgia and the discretionary authorities of the judge to rule an inappropriately high penalty. The article also presents the analysis of a generalized practice applied by judicial authorities, the analysis of high-profile court judgements, and along with outlining the flaws, the article has also drafted interim findings and recommendations, which are crucially important for harmonizing and improving the law
ადმინისტრაციული ხელშეკრულებებიდან გამომდინარე დავების არბიტრაჟში განხილვის პერსპექტივა
No full textThe use of arbitration as an alternative dispute resolution mechanism in the modern legal environment is in- creasing in civil-legal disputes. Although in 2001, the Council of Europe recommended using alternative dispute resolution mechanisms in administrative disputes, up to date, arbitration and other alternative dispute resolution mechanisms have not gained popularity in administrative disputes. Given its nature, arbitration is the closest to the judicial mechanism among the alternative dispute resolution methods. Although the use of arbitration as a dispute resolution mechanism in administrative disputes is not recognized by the legislation of Georgia, considering the types of administrative disputes, it is possible to use arbitration dispute resolution mechanisms in certain categories of administrative disputes. It is important to note that defining an alternative dispute resolution mechanism against the background of the overwhelmed courts and delayed justice and establishing new mechanisms may be successful and promising in the context of a justice rapid response. Accordingly, taking into account the legislation of Georgia, the analysis of practice, and the application of civil standards to administrative contracts, the aim of the study is to consider the possibility of using the arbitration mechanism in disputes arising out of administrative contracts. In this regard, the subject matter of the study is the essence of the administrative contracts and arbitration mechanism, the analysis of Georgian legislation is presented, and the possibility, purpose, and perspective of the use of arbitration for resolving the disputes of administrative contracts are summarized
მსოფლიოს წამყვანი ქვეყნების კიბერუსაფრთხოების ეროვნული სისტემები
Get PDFThe rapid development of technology in the 21st century has led to the fact that the geopolitical structure of the modern world depends not only on the strength of armies, but also on the proper functioning of cybersecurity systems. Based on this, the developed countries of the world „compete" with each other in the cyber defense field and taking active offensive measures. Unambiguously the US cybersecurity system has no competitors in the modern world, and the national cybersecurity systems of Great Britain and France are sufficiently effective. For their part, the Russian Federation and China are also actively trying to keep up with the development of modern technologies to meet the requirements and challenges of cyberspace. Every year, the leading countries of the world spend vast amounts of money on the improvement of their cybersecurity systems, as well as on the development of new technologies, which directly indicate the importance of strong cyber systems and the necessity to create a sustainable cybersecurity environment in the world
სუბროგაციის შედარება ცესიასთან და რეგრესთან
No full text The purpose of this article is to present one of the most problematic issues in the Civil Code of Georgia, which is manifested in the confusion of the institution of subrogation in insurance law with such institutions as cession and the condition of regression. They are close in content to each other, and this fact makes it difficult to see differences between them. Seeing the difference in content between them has not only theoretical but also practical significance, as each institution is characterized by a different legal outcome, and in each specific case the proper qualification of the relationship is crucial. One of the most practical different legal consequences of the given institutions is revealed in the different terms of the statute of limitations. For example, until 2012, it was unknown to the Georgian court that the statute of limitation of a subrogation starts from the period when the insurer has the right to claim damages against the insurance underwriter. Before then, it was an unknown fact that, different from regression, only legal relationship is established with one obligation in subrogation. In this article, we have discussed the distinctive features of subrogation, cession, and the condition of regression, and the accompanying legal consequences. We have discussed the decisions of the Supreme Court of Georgia, which discuss the differences in the content and results of the above-mentioned institutions. As a result, it was revealed that the practice of the Civil Court of Georgia before 2012 was unknown about the institution of subrogation, which is a really signifi cant problem. It can be said that a uniform practice of the Supreme Court has been established at the Subrogation Institute and the problems that existed before have been solved
Compatibility of the EU and Georgian Personal Data Protection Regimes and Data Transfer
Get PDFThe work discusses Personal Data Protection system under the European Union law, also Personal Data Protection in Georgia and the compatibility of those two regimes. Moreover, there were mentioned ways how Georgia can adopt regulations and harmonize its legislation, to be compatible with the European Union Personal Data Protection regime. The work emphasized efforts of Georgia on the path of developing its Personal Data Protection system. The many citizens of Georgia don’t even have a knowledge that their Personal Data has to be defended. Although, the court practice of Georgia revealed good developing signs in this field. If before there were not any cases concerning personal data protection, today we have some good decisions regarding the personal data protection. The data transfer between the European Union and Georgia, is also implemented in the Association Agreement between the European Union and Georgia. Here as well has to be mentioned that the Association Agreement was the greatest step for Georgia, it was the great opportunity to harmonize Georgian Personal Data system with a European. Step by step, Georgia is straining to become a member of the European Union. Thus, this work is a look through past and future of Georgian and EU relations in the field of Personal Data system
ინფორმაციის პარადიგმა მომხმარებლის უფლებების დაცვის სამართალში – ქცევითი და შედარებითი ანალიზი
No full textThis article examines the issue of information asymmetry in consumer law and deliberates on the necessity of regulation of the status of a consumer and their protection mechanisms. It is evident that the relevant Georgian law, by and large, does not guarantee the sufficient safeguarding level and thus the approximation to the respective EU legislation cannot be deemed successful in toto. Furthermore, this article analyzes the Draft Law of Georgia on the Protection of Consumer Rights and displays the possible challenges. In addition, the special emphasis is on consumer credit contracts. In the wake of the growing importance of behavioral analysis and its impact on the law and economics, the standard of an informed and rational consumer, which constitutes a cornerstone of the EU consumer law, is now highly debated. By reviewing some findings in behavioral law and economics, along with the international legislation and case law, it is argued that some implications of behavioralism should be taken into account in the field of consumer law
მოსამართლეთა დისციპლინური პასუხისმგებლობა – პრევენცია თუ წახალისება
No full textPresent paper is intended to verify how strongly the current legislation of Georgia is focused on prevention of disciplinary misconduct of judges. The matter is discussed through the prism of the concept of general prevention (Die generalpräventive Lehre). After a consistent review of legislation, following conclusion should be made: • The main idea of the general prevention – the threat of punishment – is diminished. • Current Georgian legislation is less than focused on general prevention of disciplinary misconduct of judges; • Current regulations make it even more difficult to prevent misconducts; • A deep comprehension of the matter through the prism of concept of general prevention is needed in order to create new, more acceptable regulations. The discussion offered in this paper has once again stressed on an ever existing problem: It is not necessary at all that a concept developed within certain field of law is used in a restricted way − only within the frame of that same field of law. It should be applied in process of comprehension of a problem that occurred within adjacent field of law if it is applicable considering its subject, problematics or/and methodological base
ეთერიუმის, როგორც „გონიერი კონტრაქტის “, სამართლებრივი რეგულირების ზოგიერთი საკითხი
Get PDFThe article reviews the essence of blockchain – the technology of new generation, raised from the computer and internet development. The article also analyses several aspects in legal regulation of one of the most famous cryptocurrencies: Ethereum by using the blockchain technology. Except for that, the article describes steps of computer and internet development and the involvement of blockchain in these steps, as a revolutionary invention. The article analyses the essence of blockchain technology, the steps of its development and also, coming from its high confidentiality, the possibilities of its legal regulation by the states. In this regard, several countries are represented as an example (Great Britain, Vietnam, Canada). Except for blockchain, the article reviews essence and specification of Ethereum, as the cryptocurrency, as well as smart contract, analyses the area of smart contract development and the indispensability of its legal regulation, because they have an ability to detach simple consumer agreements in one of the directions of digital economy – electronic commerce, in the nearest future. In addition to this, the binary nature Ethereum is also analyzed, in particular it can be a method of payment, as well as have a form of a legally binding deal – contract with the high self-fulfillment mechanism and securing parties confidentiality standards
Towards a Communicative Model of Language of International Law: From Linguistic Sign to Cognitive Complements
Get PDFFrom past up to here one of the most important questions in international law has been focused on how interpretation of IL texts and instruments should be elaborated. Answering this question definitely, we could see the positive results. Despite all of the efforts of ICJ, UN special comities for conclusion of VCLT in 1969 and the other international law organs, we observe basic problems and inconveniences while trying to understand IL instruments and texts. Some scholars have tried to create links between hermeneutic, the knowledge of comprehending and interpreting texts, while the others, have tried to analyze in detail the unseen intentions of VCLT creators and writers specially when speaking about terms like “context” and “ordinary meaning”. We believe that deciphering some specific VCLT terms and also, understanding the true sense of language of international law is not possible but through interdisciplinary innovator sturdies which could show the necessity of understanding the “communicative language” designed for IL