Limitation of Freedom of Will in the Household – The Problem of Private Property of Georgian Citizens

Abstract

Nowadays, the limitation of the freedom of will when obtaining ownership rights to household property has acquired tremendous legal importance because the registration of household property is manifested in frequent inheritance disputes, and citizens have been deprived of the opportunity to make a will for years. Consequently, the rule of legal inheritance remained the only means of obtaining ownership of the household property. Increased rates of estate disputes caused by many reasons are more problematic. Some citizens can still not register their property, and these plots are subject to dispute. It is worth noting how the freedom of will was limited in the household and how quickly agricultural plots turned into inheritance disputes. Restricting the freedom of will and other restrictions creates an irreversible situation of unequal distribution of land among citizens, and years later, we will face the reality when the right to own land will lose its self-generating function. The research is directed to evaluating the problem caused by the limitation of the freedom of will when obtaining the ownership right to the household’s property. Also, the research discusses the decisions of the Constitutional Court of Lithuania regarding land ownership.

Keywords

• freedom of will
• household
• heir
• household member and non-member heirs
• estate
• actual possession
• litigation
• notary