Topic of my paper is Real Estate protection in Georgian Republic, and I will observe the ownership right in scope of Protocol 1 Article 1 “Property Protection”. By Article 1 “Every natural or legal person is entitled to the peaceful enjoyment of his possessions”. In the statement possessions we can consider everything of economic value, phrase “possessions” is very huge by its contents and I will limit my inquest to real estate, so my point of inquest is the protection of real estate in Georgian Republic. Paper comprises elucidation of problems regarding protection of the right to property in republic of Georgia, which arose after the governmental shift and draws the subsisting situation concerning violation of ownership rights entitled by the Protocol 1 article 1. The paper also includes cases in which ownership rights were breached.
In 2003 in Georgia happened Rose Revolution which by its side evoked the total governmental shift, total governmental shift means that everyone who was governing and reining the country became persecuted by the new government and the policy of new rulers became a great threat for their possessions, Thousands of private property were demolished and assigned to the state. The number of cases in which private owners granted their property to the state without reimbursement has increased. Bodies which should guarantee the inviolability of property breached the fundamental right.
Inhaltsverzeichnis (Table of Contents)
- Preview
- Ownership Right in General
- Article 1. Protection of property
- History: Georgian Republic
- The development of Georgian legal system
- Legislation ensuring ownership rights/ Theoretical democracy
- National Legislation
- International Obligations
- The obligation of protection
- “Good Laws” working in the real life or “Inter arma enim silent leges”
- State and citizens
- Cases:
- Case of Ltd "Comercanti 95"
- Nodar Maisuradze's case
- Zurab Talakhadze's Case
- Irina Nergadze's Case
- Tabukashvili street 50/52 tenant's case
- The Case of Garages in Dighomi and Batumi
- The Case of Marina Bochorishvili
- Davit Asatiani's Case
- The case of company “Nia Ltd”
- The Case of a trading centre near the Tsereteli Metro Station
- The Case of Lasha Morchiladze
- "Orkidea Ltd" "Merry Time Ltd.
- Other Cases on deconstruction
- Santa Claus Time
- Gocha Lomidze's case
- Gela Bezhashvili's Case
- Jemal Tsiklauri's Case
- Santa's List
- Massive Deprivation
- Resolution 07.01.205
- Case of Dodo Giorgadze
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper observes the protection of real estate ownership rights in the Georgian Republic, focusing on Article 1 of Protocol 1 to the European Convention on Human Rights, which guarantees the peaceful enjoyment of possessions. The objective is to analyze the situation following the 2003 Rose Revolution, examining cases where property rights were violated and assessing the effectiveness of legal mechanisms designed to protect property ownership.
- The impact of the 2003 Rose Revolution on property rights in Georgia.
- Analysis of Georgian national legislation and its compliance with international obligations regarding property protection.
- Examination of specific cases where property rights were violated.
- Assessment of the effectiveness of state mechanisms in protecting property rights.
- The discrepancy between legal frameworks and their practical application.
Zusammenfassung der Kapitel (Chapter Summaries)
The Preview section introduces the paper's topic and scope, focusing on real estate protection under Protocol 1, Article 1 of the European Convention on Human Rights. The section on Ownership Right in General defines property and the rights associated with it, outlining the legal framework for ownership. The section on Article 1. Protection of Property elaborates on the legal guarantees protecting property ownership, discussing the concept of “peaceful enjoyment” and limitations permitted by law. Subsequent sections detail specific cases illustrating breaches of property rights in Georgia post-Rose Revolution.
Schlüsselwörter (Keywords)
Real estate, property rights, Georgia, Rose Revolution, Protocol 1, European Convention on Human Rights, peaceful enjoyment of possessions, legal protection, case studies, post-Soviet transition, governmental shift, property violation.
- Quote paper
- L.L.M / European and International Law George Taliashvili (Author), 2008, The Real Estate Property Protection in Georgian Republic, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/119528
