THE RIGHT OF PROPERTY IN GEORGIAN LEGISLATION

Nino Kharitonashvili

doi:10.14210/nej.v29n2.p444-456

Authors

Nino Kharitonashvili Caucasian University https://orcid.org/0000-0002-8279-1162

DOI:

https://doi.org/10.14210/nej.v29n2.p444-456

Keywords:

Property Right, Ownership, Mortgage, Inheritance

Abstract

Contextualization: This article addresses the constitutional protection of property rights in Ge-orgia, both in its historical and modern contexts, while also analyzing the cultural peculiarities that influence property regulation rules. Key aspects include restrictions on agricultural land ownership by foreigners, violations of property rights and their respective protections, the order of property ac-quisition, and issues related to the disposal of property owned by children.

Objective: The article aims to examine problematic issues related to the defense stan-dards for property owners and bona fide purchasers. Another critical point is the extent of state intervention in property rights, including the prohibition of mortgages and their impacts on the economic situation of the population. The research seeks to answer: How do Georgia's legal regulations balance property rights with public and economic interests?

Method: A mixed-methodological approach was used, combining quantitative, quali-tative, historical, and general methods, as well as comparative analysis. In-ternational practices, local legislation, and judicial decisions were analyzed to contextualize property regulations and their practical applications.

Results: The study reveals that, although the Constitution of Georgia protects proper-ty rights, legal regulations often weaken this protection. Frequent cases of fraudulent alienation, restrictions on agricultural land ownership by foreig-ners, and limitations on the disposal of children’s property highlight syste-mic weaknesses. Furthermore, the prohibition of mortgages, while imple-mented to protect citizens, has led to adverse economic consequences, poin-ting to the need for improvements in public policies and market regulation.

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Author Biography

Nino Kharitonashvili, Caucasian University

Doctor of Law. Associate professor of Caucasian University.

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