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Law of Georgia Civil Code of Georgia

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Law of Georgia Civil Code of Georgia Law of Georgia Civil Code of Georgia Book One General Provisions of the Civil Code Introductory Provisions Article 1 – Concept; scope of application This Code regulates property, family and personal relations of a private nature based on the equality of persons. Article 2 - Civil legislation 1. The Civil Code, other acts of private law and their interpretations shall conform to the Constitution of Georgia. 2. If legal norms of the same rank are in conflict, the special and the most recent law shall apply. If general norms provided for in this Code are in conflict with special norms, special norms shall be applied. 3. Subordinate normative acts shall be applied to regulate civil relations only if they supplement the norms of a law. If such acts contravene the law, the law shall prevail. 4. Customary norms shall be applied only if they do not contravene universally accepted principles of justice and morality or public order. Article 3 - Entry into force of a civil law 1. A law and subordinate normative acts shall take effect only after they are published in an official journal for general knowledge according to established rules. 2. Ignorance or misunderstanding of the law shall not serve as an excuse for not applying the law or for release from liability stipulated by law. 3. A law shall lose force if so expressly indicated by a new law, or if any former law contravenes a new law, or if a new law encompasses the relations regulated by the former law, or if the relations regulated by the former law no longer exist. 4. A law of a general nature shall not repeal a special law unless such repeal was the direct intention of the legislator. 5. Repeal of a law that repeals a former law shall not reinstate the former law. Article 4 – Inadmissibility of denying justice in civil proceedings 1. A court may not refuse to administer justice in civil cases even if no legal norm exists or the legal norm is vague. 2. A court may not refuse to apply a law on the grounds that in its opinion a norm of the law is unjust or immoral. Article 5 - Analogy of law and justice 1. To regulate a relationship that is not expressly provided by law the legal norm that regulates the most similar circumstance (analogy of law) shall be applied. 2. If an analogy of law cannot be used, then the relationship shall be regulated by the general principles of justice and the requirements of fairness, good faith and morality (analogy of justice). 3. Norms regulating special relationships (norms on exceptions) may not be applied by analogy. Article 6 - Retroactive force of civil laws Laws and subordinate normative acts shall not be retroactive except as expressly provided in law. A law may not be given retroactive force if it is prejudicial to or disadvantages a person. http://www.matsne.gov.ge 040.000.000.05.001.000.223 Article 7 - Objects of private law An object of private legal relations may be a tangible or intangible good having tangible or intangible value, which has not been removed from circulation by law. Article 8 - Subjects of private law 1. Any natural or legal person may be a subject of private law. This rule shall apply to both entrepreneurial and non-entrepreneurial persons of Georgia and of other countries. 2. Private law relationships between state bodies and legal entities under public law, on the one hand, and other persons on the other hand, shall likewise be regulated by civil laws, unless these relationships, in the interests of the state or the public, are to be regulated by public law. 3. Participants in a legal relationship shall exercise their rights and duties in good faith. Article 9 - Purpose of civil laws Civil laws ensure the freedom of civil circulation in the territory of Georgia, unless the exercise of such freedom prejudices the rights of third parties. Article 10 - Independence of civil rights from political rights; imperative norms of civil law 1. The exercise of civil rights shall not depend on political rights regulated by the Constitution or by other laws of public law. 2. Participants in a civil relationship may exercise any action not prohibited by law, including any action not expressly provided by law. 3. Imperative norms of civil laws protect the freedom of others from the abuse of rights. Actions that contravene these norms shall be void except where the law explicitly defines other effects. Individual interventions through administrative acts shall be prohibited, unless such acts are applied on the grounds of a specific law. Section One Persons Chapter One Natural Persons Article 11 – Capacity for rights 1. The capacity for rights of a natural person is the ability to have civil rights and duties that arise from the moment of the person’s birth. 2. The right to inherit shall arise upon conception; the exercise of this right shall depend on birth. 3. The capacity for rights of a natural person shall be terminated by his/her death. The moment of death shall be the moment in which the brain ceases to function. 4. A natural person may not be deprived of his/her capacity for rights. Article 12 – Legal capacity 1. Legal capacity or the ability of a natural person to fully acquire and exercise civil rights and duties of his/her own will and with his/her action shall arise upon attainment of the age of majority. 2. A person who has attained the age of eighteen years shall be a person of the age of majority. 3. A person who has entered into marriage before attainment of the age of eighteen years shall be deemed to have legal capacity. 4. A person with legal capacity is deemed to be a person in need of psychosocial support (the ‘beneficiary of support’), or a person who has a fixed psychological, mental/intellectual disorders which, when interrelating with other impediments, may prevent him/her from participating in public life fully and effectively on equal terms with others if such a person meets the conditions under paragraphs 2 and 3 of this article; furthermore, these http://www.matsne.gov.ge 040.000.000.05.001.000.223 impediments, without appropriate advice and aid, significantly make it harder for the person to freely express his/her own will and to make an informed and conscious choice in an area defined by the court. 5. The court may also recognise a minor as a beneficiary of support within the limits when, under the legislation of Georgia, the consent of his/her legal representative is not required while the minor exercises his/her rights and duties. 6. A minor under the age of seven years (an underage) shall be a person with legal capacity. Decision No 2/4/532,533 of the Constitutional Court of Georgia of 8 October 2014 – website, 28.10.2014 Law of Georgia No 3339 of 20 March 2015 – website, 31.3.2015 Article 13 – Inadmissibility of limiting legal capacity by an agreement Legal capacity may be limited only where so provided by law. Legal capacity may not be limited by an agreement. Article 14 - Limited legal capacity 1. A minor from the age of seven to eighteen years shall have limited legal capacity. 2. An adult over whom a court has established a custodianship shall also be deemed to be a person with limited legal capacity. A person with limited legal capacity and a minor shall be equal in their legal capacities. 3. Limitation of legal capacity shall cease when the grounds for limitation of a person’s legal capacity no longer exist. Article 15 - Consent of a legal representative in cases of limited legal capacity In order for the declaration of intent of a person with limited legal capacity to be valid the consent of his/her legal representative shall be required, except when the person with limited legal capacity acquires a benefit from the transaction. Article 16 - Limitation of legal capacity by reason of use of alcohol or narcotic substances 1. A court may establish custodianship over an adult who abuses alcohol or narcotic substances and because of this puts his/her family in material hardship. He/she may conduct transactions to administer property or wages, pension or other income only with the consent of his/her custodian, except for minor everyday transactions. 2. Full restoration of limited legal capacity shall cause the cancellation of custodianship. Article 17 - Right to a name 1. Every natural person shall have the right to a name that includes a given name and a surname. 2. Change of name shall be allowed. Change of name shall require the person’s application stating the grounds for change. An appropriate body shall consider the application according to established rules. 3. Change of name shall not serve as the basis to terminate or alter the rights and obligations acquired or assumed under the former name. The person shall be bound to undertake all necessary actions to notify his/her creditors and debtors of the change of his/her name. Article 18 - Personal non-property rights 1. A person whose right to a name is contested or whose interests are prejudiced as a result of an unauthorised use of his/her name may demand that the wrongdoer cease or refrain from such action. 2. A person may protect in court, according to the procedures laid down by law, his/her honour, dignity, privacy, personal inviolability or business reputation from defamation. 3. If information defaming the honour, dignity, business reputation or privacy of a person has been disseminated in the mass media, then it shall be retracted in the same media.
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