გირავნობის საგნის რეალიზაცია. (Georgian)
In: TOU Scientific Journal, 2019, Heft 10, S. 117-127
academicJournal
Zugriff:
The present Article provides the general overview of the one of the most popular and practical real rights of realization ― pledge under the Georgian law. Unlike the German Civil legislation, the Georgian law is not notable with diversity of real rights of realization as the means of security of an obligation; the Georgian law did not adopt the German land charge (Grundschuld) and annuity land charge (Rentenschuld). The authors of the Civil Code of Georgia have made a simple decision and received only 2 legal institutes as means of security of an obligation: 1) pledge in regard to the movables as well as claims and rights related to the movable property and 2) mortgage in regard to the plots of land and other immovable. The Civil Code of Georgia puts the provisions regulating the real rights of realization in one chapter ― „Property as a Security for a Claim“ (Chapter 6, Articles 254– 310). Both rights ― pledge and mortgage are limited real rights which are created on a property for securing a claim. In certain cases, in particular, when the undertaken obligation is breached, the encumbered property is subject to realization. Like in case of the ownership and other real rights, two main principles of the Law of Property apply to pledge and mortgage as the security rights: principle of determination and publication. According to the first principle, the security right may encumber and exist only on a determined thing; however, in regard to the movables, the pledge can be created on an aggregation of things (universality of things) as well as on the whole movable thing. Publication enables the third persons to take notice of a possible existence of the security right. In case of possessory pledge, publication is achieved by transferring the movables into the creditor’s (pledgee’s) possession. In case of a registered pledge or a mortgage, publication is achieved by registration of the security right in the Public Registry. [ABSTRACT FROM AUTHOR]
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Titel: |
გირავნობის საგნის რეალიზაცია. (Georgian)
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Autor/in / Beteiligte Person: | ჭეჭელაშვილი, ზურაბ |
Zeitschrift: | TOU Scientific Journal, 2019, Heft 10, S. 117-127 |
Veröffentlichung: | 2019 |
Medientyp: | academicJournal |
ISSN: | 1987-9067 (print) |
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