მხარეთა უფლება-მოვალეობები გირავნობით უზრუნველყოფილი ვალდებულების დროს

This paper discusses the types of collateral, their classification and the most important aspects that accompany such collateral. Rights and obligations of the parties during the process of securement of the collateral, fulfillment of the obligation / cases of non-performance, guarantees of protection of the right and legislative practice. The approach of the legislation towards the secured relationship is presented, as well as the areas of regulation, and the approach of the leading, legal-states towards the specific provision is also included.
The purpose of the paper serves to raise public awareness of the specific types of collateral. There is and always will be a high factor of trust between people, however it is always better to use collateral as a safety measure during a particular relationships.
Relevance of the topic: Due to the current relevance of the topic, we are discussing the secured obligation, the problems around the mentioned topic and the mutual rights and responsibilities of the parties. From the origin of the obligation to its execution, each stage is very important, as there are often cases of non-fulfillment or improper fulfillment of the obligation by both the creditor and the debtor. We will examine the risks associated with the latter, which are often overlooked.
Reasoning of the Research: The purpose of the paper is to identify and protect the rights and obligations of the parties in the case of a secured obligation, during execution of the rights granted in such a relationship, what are the challenges associated with this issue. Discussed are Both the creditor and the debtor, their obligations at each stage, the violations and what is the best ways to prevent that the rights of neither party to the contract will be violated.
Subject of the Research - Type of collateral provided by the legislation of Georgia, rights and obligations of the parties in the presence of such collateral.
Object of the Research- Development, refinement and adjustment of the legislation around the topic presented in the title to the interests of the parties.
Research Topic Hypothesis - Under Georgian law, in the obligation to provide collateral, the parties suffer to some extent the violation of their rights due to vague entries in the law, the implementation of which reveals the shortcomings that need to be addressed. Data on contractual relationships in practice arising from the provision of a mortgage.
The research is of a socio-legal nature, as it examines the effectiveness of legal norms, raises public awareness of the issue and provides prognosis based on all the above.
The research is based on the analysis of historical method, existing practice, legal norms, doctrines, observations, articles and case law.