Journal of Constitutional Law (Dec 2022)

The Importance of Eliminating the Legal Gap of Title to a Household and the Role of the Constitutional Court

  • Irakli Leonidze,
  • Giorgi Chikviladze

Journal volume & issue
Vol. 2, no. 2022
pp. 73 – 94

Abstract

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Only one article in the Civil Code of Georgia is dedicated to the issue of title to a household regulation, and the problem unresolved from the first years of independence up to now, which shows the lack of legal status of the owners, is echoed by many decisions of the Constitutional and Common Courts of Georgia. The question as to why title to a household has lost its function should normally be investigated by the legislator, but the practice of Common Courts did not capture the scope of the problem that actually existed. It is very important to make a correct definition of the norm, but when the legislator repeals the norms regulating the household, the problem becomes unsolvable and acquires a prolonged nature.

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