Civil Laws at Gambia
Georgia (the country) operates under a civil law system, heavily influenced by the German legal tradition. Its legal framework is primarily codified, with the Civil Code of Georgia serving as the foundational document for private law. Since gaining independence from the Soviet Union, Georgia has undertaken significant legal reforms to align its laws with European standards and principles, particularly those related to market economy and human rights.
1. Sources of Civil Law in Georgia:
The Constitution of Georgia (1995, with subsequent amendments): This is the supreme law. It establishes fundamental rights and freedoms, the structure of government, and the principles of the legal system. Any law inconsistent with the Constitution is invalid.
The Civil Code of Georgia (1997): This is the most crucial piece of legislation for civil law. It is a comprehensive codification of private law, covering a vast range of topics. It was developed with significant input from German legal experts and is considered a modern and refined civil code. The Civil Code is structured into five main books:
Book One: General Part – Deals with common rules governing private law, including legal subjects (natural and legal persons), transactions, exercise of rights, time periods, and limitations.
Book Two: Law of Things (Property Law) – Regulates possession, ownership, property rights, security interests (like mortgages), and rules for acquiring and losing ownership.
Book Three: Law of Obligations – This is considered the "heart" of the civil law system, focusing on contractual freedom, various types of contracts (sale-purchase, lease, loan, service contracts), and general principles of obligations.
Book Four: Family Law – Regulates family relations, including marriage, divorce, parental rights, adoption, and guardianship.
Book Five: Law of Inheritance – Governs the distribution of a person's estate after death, including rules for wills and intestate succession.
Other Laws (Organic Laws and Ordinary Laws): Parliament enacts other specific laws that complement or detail provisions of the Civil Code or govern specific civil matters not fully covered by the Code (e.g., specific intellectual property laws, consumer protection laws, company laws).
International Treaties and Agreements: International treaties ratified by Georgia are an integral part of its domestic law and take precedence over domestic normative acts unless they conflict with the Constitution or the Constitutional Agreement of Georgia.
Judicial Precedent (Limited Role): While Georgia is a civil law jurisdiction, judicial precedent does play a role, particularly decisions of the Supreme Court, in providing a unified interpretation of the law and guiding lower courts. However, it's not as binding as in common law systems.
Customary Law (Very Limited Role): Unlike some other countries with historical dual legal systems, customary law plays a very minor, almost negligible, role in the formal civil law system of modern Georgia. The comprehensive nature of the Civil Code and the drive for harmonization with European legal standards means that traditional customs do not typically hold the force of law in civil matters, unless specifically recognized or incorporated into legislation (which is rare). Historically, some customary practices like blood feuds existed, but they are not recognized or tolerated by the modern legal system.
2. Key Areas of Civil Law:
Persons and Legal Capacity: The Civil Code defines civil rights from birth and outlines the legal capacity of natural persons (individuals) and legal entities (organizations, companies) to acquire and exercise civil rights and duties.
Property Law: Encompasses ownership of movable and immovable property (real estate), possession, rights in rem, and mechanisms for transferring ownership (e.g., through contracts registered with the National Agency of Public Registry). Foreigners generally have the right to own residential and commercial property, with specific rules for agricultural land.
Contract Law: Forms a significant part of the Civil Code, detailing various types of contracts (sale, lease, loan, service, agency, etc.), their formation, validity, performance, and consequences of non-performance.
Tort (Delict) Law: Addresses civil liability for harm caused by unlawful acts, requiring compensation for damages.
Family Law: Integrated into the Civil Code. It covers:
Marriage: Requirements for marriage (age 18, voluntary consent, no close kinship, no existing marriage). Marriages can be registered at civil registration authorities. Religious ceremonies are not legally recognized for civil purposes.
Divorce: Can be by mutual consent (registered at civil registration authority if no minor children or property disputes) or through court proceedings if there are disputes or minor children. Courts may impose a waiting period for reconciliation.
Parental Rights and Obligations: Custody, child support, and other matters concerning minors.
Property Division: Property acquired during marriage is generally considered joint property and divided equally, with exceptions for inherited or gifted property. Marital contracts can alter this default rule.
Inheritance Law: Regulates how property is passed on after death, including rules for testate succession (wills) and intestate succession (without a will).
Intellectual Property Law: Governs rights related to inventions (patents), trademarks, geographical indications, and other intellectual creations.
Company Law: While separate from the Civil Code, it is closely related as it governs the legal entities that are subjects of civil law, including their formation, governance, and dissolution.
3. The Civil Justice System:
Georgia has a three-tier court system for general jurisdiction, which includes civil cases:
District (City) Courts: These are the courts of first instance. They hear a wide range of civil cases, including contractual disputes, property disputes, family matters, and tort claims. Some courts may have specialized judges for insolvency matters.
Courts of Appeal (Tbilisi and Kutaisi): These courts hear appeals from the decisions of the District (City) Courts in civil, administrative, and criminal cases. They review legal errors and sometimes factual findings from the lower courts.
Supreme Court of Georgia: This is the highest court and the court of final cassation (review) for civil (and criminal and administrative) cases. It aims to ensure the unified interpretation of the law and establish common judicial practice. It has a specialized Chamber of Civil Cases. The Supreme Court's judgments are generally final.
Constitutional Court: This court is separate from the general jurisdiction courts. It reviews the constitutionality of laws and international treaties and protects constitutionally defined human rights, which can have an indirect impact on civil law application.
Key Features of Georgia's Civil Law System:
Codification: Laws are systematically organized into codes, providing clarity and accessibility.
Emphasis on Freedom of Contract and Private Autonomy: Reflecting a modern market economy, the Civil Code strongly upholds the principle of freedom for individuals and entities to enter into agreements and manage their affairs.
Harmonization with European Standards: Georgia has actively sought to align its civil law with European legal principles as part of its broader integration efforts.
Focus on Rights and Obligations: The system clearly defines the rights and obligations of individuals and legal entities in their private interactions.
Georgia's civil law system is robust and continuously developing, aimed at providing a stable and predictable legal environment for both its citizens and international investors.
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