Law and World (E-Journal) / სამართალი და მსოფლიო
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აღნაგობის უფლების შეწყვეტისას წარმოშობილი რამდენიმე პრობლემური საკითხის მიმოხილვა იმოხილვა
Get PDFSuperficies allows a person to erect a structure on the plot of land according to his will without obtaining the property right of the plot of land, on account of which the importance of this institute in a market economy is increasing every day. The provisions regulating the right of superficies are found in the Civil Code of Georgia and allow different and multiple interpretations that give rise to certain problems in practice. The situation is complicated by the fact that neither the competent registration authority, nor the court has rich case-law dealing with the issues of termination of the right of superficies that makes it even more difficult to make comprehensive analysis and to understand the institute of superficies. By the close cooperation with the National Agency of Public Registry, we have studied the procedures that the registration authority follows regarding the origin and termination of superficies. The present article discusses kinds of legal issues arising after termination of superficies such as – transformation of the mortgage by which the superficies is mortgaged, origin of the right to claim an appropriate compensation for the structure erected on the plot of land in case of non-gratuitous superficies, its replacing order and the place of the right of superficies in the Public Register, as well as the legal positions (order of precedence) of the compensation claims of pledgees. The author also discusses conditions for the registration and order of precedence of compensation claims relating to structures erected under superficies, the transformation of mortgage into pledge and its consequences, and the possibility to mortgage structures erected under superficies. This is the list of the issues on which there is no uniform opinion in legal literature, with some of them even being disregarded by certain scholars
მოძრავ ნივთებზე საკუთრების უფლების გადაცემის წესი
Get PDFThe right to property or the awareness of the process of its transfer and appropriate analysis of each stage of this procedure is important regarding legal, economic and social meaning. Since property interests are of great importance in the context of a market economy and the object of the right to property is property, the rule of behavior by which the right to property is transferred or acquired is always important. It should be pointed out that the right to property to movable, immovable and intangible possessions is conferred by means of different rules. The present paper discusses the rule (process) about how transfer of the right to property to movable properties is carried out. The selection of the mentioned ‘rule’ as the subject of the research was preconditioned by the fact that in scientific literature the rule (process) of transfer or acquisition of the right to property is not interpreted (defined, understood) in uniform ways. Some scientists consider that only titulus contract and modus are sufficient for transfer of the right to property to a movable property in Georgia. Other scientists consider that causa is not sufficient for transfer of the right to property to movable properties in Georgia and that property transaction, existing in an “invisible” position beyond modus, is also essential
მართლმსაჯულების რეფორმის ზიგზაგები საქართველოში
Get PDFI extend warm greetings to everybody – speakers, foreign guests and especially inspiring persons and initiators of the conference. Wish you the best of luck; I have no doubts with this regard considering the successful presentation of the program and the fl ow of the procedure. Herewith, given that the conference is devoted to Topical issues of Justice, which primarily represents the current concern, I feel the need to have a very general outline of an early period of the reform, lack of which it might make difficult to perceive, estimate and further transform the present circumstances. This is equally related to beneficial and suitable, as well as, loss-making and hazardous salient factors
საპროცესო უფლებები დასავლურ ფასეულობებთან თანხმობაში
No full textThe important and organic part of the development of Western Civilization is deep understanding of the essence of a fair and impartial state. What does a fair impartial state mean, what are its fundamental principles built upon, what elements does it imply in itself? These issues have always been and continue to be of a serious reflection and analysis on the various stages of Western thought evolution
ძალადობრივი სამოხელეო დანაშაულის გამომწვევი ფაქტორები და მათი გამოძიებისას დასადგენი ძირითადი გარემოებები
Get PDFThe Author of the article identifies the causal factors of official misconduct committed by abuse of office and classifies it into ten categories. According to the author, for the effective investigation of criminal cases concerning the official misconduct, first of all, it is vital to accurately prepare strategies and tactics of an investigative plan, outline the factual circumstances, which later will become the subject of proof. Based on the analyzes regarding specifics of official misconduct, the author offers five conditional criteria. These criteria must be determined and examined in each investigation process of official misconduct, promoting to resolve criminal cases, as well as, to obtain and preserve the evidence in accordance with the established procedures
პაციენტის პირადი ავტონომიის დაცვისა და ინფორმირებული თანხმობის გაცემის თავისებურებები
Get PDF Protecting patients’ personal autonomy is one of the most pressing issues in medicine as well as in law. In this sense, the aim of the study is to determine the essence of the patient’s personal autonomy and the legal consequences of infringement in personal interests. It is particularly interesting to determine the characteristics of informed consent by analyzing Georgian and European approaches. Furthermore, it is important to study medical secrets. It seems that ensuring a patient’s personal autonomy is based on the respect towards an individual and the rules on giving informed consent. It turned out that informed consent should be voluntarily issued before medical intervention, be understood and provided in a simple language for the patient. Georgia has to consider a well-accepted approach in Europe that informed consent is seen as a component of respect for private life, while medical intervention without a consent of patient constitutes a violation of the private life. Exceptions might exist, such as - emergency situations. However, it was found that it is advisable to use the term “medical secrets” instead of the term “doctoral secrets” in order to protect the personal interests of the patient and to avoid narrowing the circle of those responsible for. According to the research, the lack of informed consent can cause both material and non-material damage. It is particularly important to avoid non-determination of health and causing non-material damage during medical interventions withoutinformed consent. It is recommended to extend the provisions of Article 413 of the Civil Code of Georgia to this case. Additionally, if personal virtues (dignity, privacy, etc.) have been violated while breaching a patient’s personal autonomy, the rulesset forth in Article 18 of the Civil Code should apply
მოსამართლის დამოუკიდებლობის გარანტიები საქართველოს კონსტიტუციის ახალი რედაქციის მიხედვით
Get PDF Institutional legitimacy of the judiciary is formally and qualitatively distinct from the legitimacy of political branches and it is considerably more difficult to establish. Judicial legitimacy is built upon the actual and perceived institutional independence and impartiality, and more importantly, through a long process of giving reasoned decisions, as well as, cultivating a public perception of judicial fidelity to law . During the 2017 Constitutional Reform significant amendments have been made to the Constitution of Georgia with regard to strengthening independence of judicial system. Despite of the positive amendments, Georgian legislation needs improvements in the direction of independence of the court and individual judges. The report analysis constitutional guarantees of the judge and the total judicial system, its legislative deficiencies and advantages. The report envisages analysis of the best practice and successful international experience regarding independence of the judiciary. The analysis is based on the following methodology - de lege ferrenda and the international experience
კერძო ციხეების სისტემის ზოგად სამართლებრივი მიმოხილვა
No full textCriminal law is the most ancient and classical branch of the law. There is no doubt that elementary, simple norms of criminal law existed even in primitive society.1 Main specific of criminal law is that, generally this branch of law is connected with two main notions: crime and punishment. It can be said that this two main notions create some sort of judicial results in criminal law. These two notions are closely related with each other: there is no punishment without crime and there should be no crime without punishment. Of course, right on punishment is exclusive monopoly right of state.2 In modern judicial literature is often mentioned that criminal law is, “last resort”. 3 Usually, the most important values (ex. life, health, personal inviolability etc) are reserved by criminal law. These values are not only important for separate individuals, but also for whole society. So, when these interests are at risk state should take appropriate measures: make full investigation and use criminal responsibility on persons who are threatening above mentioned important interests.ნაშრომში წარმოდგენილია კვლევა კერძო ციხეების სისტემის შესახებ. კვლევის ფარგლებში განხილულია კერძო ციხეების სისტემის ზოგადი დახასიათება, სისტემის საჭიროება. ნაშრომში ასევე დეტალურად არის განხილული ამ სფეროშიარსებული მოდელები და პრაქტიკა. კვლევაში წარმოდგენილია შედარებითი ანალიზი და დეტალურად არის განხილული კერძო ციხეების სისტემის ნაკლოვანება და უპირატესობები. კვლევა შეიცავს ავტორისეულ მოსაზრებებს საქართველოშიკერძო ციხეების სისტემის დანერგვის პერსპექტივისა და ზოგადად სისხლის სამართლის პოლიტიკის სრულყოფისათვის
ექსპერტთა როლი უცხოური ნორმის არსის განსაზღვრის პროცესში
Get PDFDespite of the existence of foreign statutes, judgments, treatises and commentaries, or even “official” declarations or certificates, irreconcilable conflict will often arise in the acutely contested proceedings. Cases like these call for the opinions of experts of foreign law. Otherwise, it would seem that too much burden is put upon the court that is expected to determine foreign law without any external assistance when such situations arise. As the present paper suggests, applying to expert witnesses might be essential in a number of cases, they are even preferable in each single case. All misunderstandings concerning facts, differences in translations, ways of reasoning and basis for conclusions can be revealed by the direct, as well as, the cross-examination in the court with the presence of the parties. What is the most favorable role of an expert, whether appointed by parties or the court? It appears that an expert provides the reasoned support for a particular interpretation of foreign law and assists the counsel by responding on the submissions of any opposing experts
საქართველოში ნაფიც მსაჯულთა სასამართლოს სისტემის მიმოხილვა და მისი გაუმჯობესების გზები
Get PDFThe present article discusses jury trial system in Georgia. The paper fully analyzes jury trial in various perspectives. The author provides detailed review of not only the world history of jury trial, but also – history of the system in Georgia. Comprehensive study of different kinds of systems and a comparative legal analysis are also included. Main attention is paid to Georgian legislation, particularly on the issue about how the system is regulated by procedural norms. The paper examines famous cases regarding jury trial and provides the detailed review of advantages and disadvantages of the system