Realization of Vindication Claim on Immovable Property and Some Counterclaims
DOI:
https://doi.org/10.60131/jlaw.1.2023.7061Keywords:
property claim, property, ownership, unlawful possessor, Vindication claim, Vindication counterclaim.Abstract
The article is devoted to the problems of realizing the Vindication claim as a means of protecting the right to property in the Georgian legal order, in the form of researching the procedural and material legal features of this kind of lawsuits and presenting recommendations to overcome the delay in their consideration.
References
Constitution of Georgia, Legislative Herald of Georgia, 31-33, 24/08/1995 https://matsne.gov.ge/ka/document/view/30346?publication=36 [12.01.2023].
Law of Georgia "Civil Code of Georgia", Legislative Herald of Georgia, 786, 24/07/1997, https://matsne.gov.ge/ka/document/view/31702?publication=117 [12.01.2023].
Law of Georgia "Civil Procedure Code of Georgia", Legislative Herald of Georgia, 1106, 14/11/1997, https://matsne.gov.ge/ka/document/view/29962?publication=149 [12.01.2023].
The Law of Georgia "On Making Additions to the Civil Code of Georgia", Legislative Herald of Georgia, 48, 22/12/2006, https://matsne.gov.ge/ka/document/view/24922?publication=0 [12.01.2023].
Law of Georgia "On Amending the Civil Code of Georgia", Legislative Herald of Georgia, 29/12/2015, https://matsne.gov.ge/ka/document/view/3104655?publication=0#DOCUMENT:1 [12.01.2023].
Law of Georgia "On Amending the Civil Code of Georgia", Legislative Herald of Georgia, 3315-rs, 07/08/2018, https://matsne.gov.ge/ka/document/view/4273979?publication=0#DOCUMENT:1 [23.01.2023].
Law of Georgia "On Police", Legislative Herald of Georgia, 1444-I, 28/10/2013, https://matsne.gov.ge/ka/document/view/2047533?publication=33 [23.01.2023].
Order No. 747 of the Minister of Internal Affairs of Georgia, May 24, 2007 On approval of the rule to prevent of encroaching or tampering with the property, Legislative Herald of Georgia, 75, 29/05/2007, https://matsne.gov.ge /ka/document/view/70906?publication=0 [23.01.2023].
Explanatory card of the draft law https://factcheck.ge/wp-content/uploads/2015/10/file003.pdf [16.01.2023].
Barker K., Private and Public: the Mixed Concept of Vindication in Torts and Private Law, 2013, 59.
Berulava N., Vindication lawsuit against a juvenile, judicial practice, Georgian-German Journal of Comparative Law, 1/2022, Tbilisi, 2021, 48 (in Georgian).
Busse M., Strang, V., Introduction: Ownership and Appropriation. In Ownership and Appropriation, Routledge, 2020, 1-19.
Callies D. L., Breemer J.D., The Right to Exclude Others from Private Property: A Fundamental Constitutional Right. Wash. UJL & Pol'y, 3, 2000, 39-44, 58, 59.
Chanturia L., Ownership of Immovable Property, 2nd ed., 2001, 18, 20, 95 (in Georgian).
Chanturia L., Ownership of Real Estate, a Comparative Legal Study (on the example of German law), Tbilisi, 1994, 14, 95, 169 (in Georgian).
Chechelashvili Z., German Civil Code, 2nd ed., translation, Tbilisi, 2019, 258, 274, 284 (in Georgian).
Chechelashvili Z., Property Law, Tbilisi, 2010, 53 (in Georgian).
Chachava S., Revocation of an Property from Illegal Possession, Review of Judicial Practice, Journal of Georgian Law Review, 7/2004-4, 776-782 (in Georgian).
Dzneladze N., Legal Problems with Revocation of Property from Illegal Ownership and Protection of Property Rights, Scientific-practical Peer-reviewed Journal of the Supreme Court of Georgia "Justice", No. 2, Issue, 2007, 82, 85, 87 (in Georgian).
Ely J. W., The Guardian of Every Other Right: A Constitutional History of Property rights. Oxford University Press on Demand, 2008, 10-25, 42-58, 142.
Johnson N. L., Property Without Possession. Yale J. on Reg., 24, 2007, 209-211.
Kvernadze T., The Relationship between the Owner and the Possessor, Master's Thesis, Ivane Javakhishvili Tbilisi State University Faculty of Law, Tbilisi, 2019, 5, 6, 8, 9, 25, 39, 40-42 (in Georgian).
Kropholler I., German Civil Code, Study Comment, 13th revised ed., Tbilisi, 2014, 731-734 (in Georgian).
Kublashvili P., The Role of Good Faith and the Preconditions for Filing a Claim in Vindication and Condition Relationship, the Legal Journal of the Supreme Court of Georgia and the Association of Georgian Judges "Justice and Law", #2(50)'16, vol. 2016, 103-108 (in Georgian).
Kerashvili S., Constitutional Protection of Ownership and its Impact on Private Law: mainly based on the precedents of the German Constitutional Court, protection of human rights and legal reform in Georgia, collection of articles, Tbilisi, 2014, 170, 186, 187, 190, 194-196 (in Georgian).
Kochashvili K., An Attempt to Edit Norms on Ownership, Georgian-German Journal of Comparative Law, 3/2019, 22, 23, 25, 26 (in Georgian).
Kochashvili K., Possession as the Basis of Presumption of Ownership (comparative legal research) Dissertation for Obtaining the Academic Degree of Doctor of Law, Faculty of Law of Ivane Javakhishvili Tbilisi State University, Tbilisi, 2012, 24, 38, 59, 70-73, 76, 85, 87, 88, 114-116 (in Georgian).
Kochashvili K., Relationship between Ownership and Property in Terms of Property Protection, the Legal Journal of the Supreme Court of Georgia and the Association of Georgian Judges "Justice and Law", #3(30)'11, 2011, 76 (in Georgian).
Kochashvili K., Interrelationship of Ownership and Property (in terms of the origin of concepts and rights of property), TSU Journal of Law, No. 1, issue, 2011, 105, 109, 114, 115, 119, 122, 126 (in Georgian).
Kochashvili K., Possession – Fact and Right (a critical analysis of the Soviet legal concept of ownership), TSU Journal of Law, No. 2, Issue, 2009, 7, 8, 11, 12 (in Georgian).
Klimas T., A Comparative Analysis of Vindication and the Security of Acquisitions. International Journal of Baltic Law, (1), 2005, 65-79.
Kuznichenko S. H., Determination of the Elements of the Claim for Recovery of Property from Illegal Possession (Vindictive Claim). Bull. Kharkiv Nat'l. Univ. Internal Aff., 99, 1999, 99-100.
Mikava L., Vindication Lawsuit as a Legal Means of Protecting the Right to Sale, the legal journal of the Supreme Court of Georgia and the Association of Judges of Georgia "Justice and Law", #1(28)'11, Vol. 2011, 73-76, 84, 85 (in Georgian).
Rusiashvili G., Competition between Vindication and Performance Condition in Reversing the Results of an Invalid Bilateral Agreement, Ivane Javakhishvili Tbilisi State University Law Faculty Law Journal, #1, 2013, Tbilisi, 2014, 205, 226-228 (in Georgian).
Rusiashvili G., Sirdadze L., Egnatashvili D., Property Law, Collection of Cases, Tbilisi, 2019, 20-23, 46, 47 (in Georgian).
Shotadze T., Property Law, Tbilisi, 2014, 140 (in Georgian).
Tang H.W., Limitation Period for Unjust Enrichment Claims, at the Claimant’s Expense, Lack of Consent, Illegality, and Vindication of Property Rights: Esben Finance Ltd and Others v Wong Hou-Lianq Neil, King's Law Journal, 33:3, 2022, 345-357.
Totladze L., Commentary on the Civil Code, Book II, Tbilisi, 2018, 79-84 (in Georgian).
Varuhas J. NE, The Concept of ‘Vindication’ in the Law of Torts: Rights, Interests and Damages, Oxford Journal of Legal Studies, Volume 34, Issue 2, Summer 2014, 253-293.
Wolf M., Wellenhofer M., Property Law, 29th ed., translation by Zurab Chechelashvili, Tbilisi, 2016, 60, 109, 121 (in Georgian).
Zarandia T., Property Law, Tbilisi, 2019, 27-29, 31, 36, 37, 42-44, 48, 50-52, 56, 61, 63, 64, 76, 77, 94, 127, 128, 130, 133-135, 137, 138, 144, 149, 150, 151, 158, 162-165, 170, 174, 177-181, 189, 200, 202, 206, 208-213, 215, 2019-222, 229, 243-255 (in Georgian).
Zoidze B., Reception of European Private Law in Georgia, Tbilisi, 2005, 260-265 (in Georgian).
Zoidze B., Georgian Civil Law, Tbilisi, 2003, 70, 85 (in Georgian).
Zoidze B., The Concept of Ownership (possession) in the Future Civil Code of Georgia, in the book: Georgian Property Law, 2nd ed., Tbilisi, 2003, 430, 431 (in Georgian).
Zoidze B., Commentary on the Civil Code of Georgia, Book Two, Tbilisi, 1999, 87 (in Georgian).
Decision of the Supreme Court of Georgia of June 16, 2022 in case No. AS-1375-2021.
Decision of the Supreme Court of Georgia of April 15, 2022 in case No. AS-110-2022.
Decision of the Supreme Court of Georgia dated March 31, 2021 in case No. AS-102-2021.
Decision of the Supreme Court of Georgia dated February 18, 2021 in case No. AS-320-2020.
Decision of the Supreme Court of Georgia of May 5, 2017 in case No. AS-454-426-2017.
Decision of the Supreme Court of Georgia of June 17, 2015 in case No. AS-487-461-2015.
Decision of the Supreme Court of Georgia of May 14, 2015 in case No. AS-167-155-2015.
Decision of the Supreme Court of Georgia of January 23, 2015 in case No. AS-1142-1088-2014.
Decision of the Great Chamber of the Supreme Court of Georgia of September 9, 2002 in case No. 3k/624-02.
Decision of the Chamber for Civil Affairs of the Tbilisi Court of Appeal of June 6, 2022 on case No. 2b/1819-22.
Decision of the Chamber for Civil Affairs of the Tbilisi Court of Appeal of November 30, 2022 on case No. 2b/783-22.
Decision of the Chamber for Civil Affairs of the Tbilisi Court of Appeals on August 16, 2022 in case No. 2b/2938-22.
Decision of the Chamber for Civil Affairs of the Tbilisi Court of Appeal dated November 30, 2022 on case No. 2b/2650-22.
Ruling of the Chamber for Civil Affairs of the Tbilisi Court of Appeal of November 14, 2022 on case No. 2b/2854-2
Ruling of Chamber for Civil Affairs of the Tbilisi Court of Appeal of July 18, 2018 in case No. 2b/5145-17.
Ruling of the Chamber for Civil Affairs of the Tbilisi Court of Appeal of July 6, 2017 on case No. 2b/685-17.
‘’Transparency International Georgia" opinions and notes on legislative changes related to the eviction of illegal possession of immovable property, June 4, 2015, https://www.transparency.ge/sites/default/files/post_attachments/shenishvnebi_da_mosazrebebi_udzravi_nivtis_aramartlzomieri_mplobelis_gamosaxlebaze.pdf [12.01.20] (in Georgian).
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
