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Main legal aspects and related problems of the mortgage in Georgian judicial practice
Date Issued
2019
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Advisor(s)
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Faculty
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Abstract
In civil legal relations, mortgage, one of the means of providing a demand, is granted great importance. The Mortgage Institute has undergone substantial changes since the entry into force of the Civil Code of Georgia. The actuality of the paper is determined by the fact that I will discuss the main problems and modifications related to the mortgage, according to which the rule of registration of mortgage right on the real estate had been changed.
The path to development, which has been followed by legal norms relating to the mortgage, gives us an opportunity to make a significant analysis. With the definition of the essence and significance of the mortgage concept, the importance of this institution in the civil law is established, more specifically in the property law, which makes the mortgage problem more interesting and topical. The research is implemented in relation to German and French laws, where the hypothetical nature and characteristics of the mortgage are determined better.
Based on the above-mentioned, I have developed recommendations for better reviewing of mortgage-related problems towards court practice by using legislative analysis with comparing to foreign countries legislation, reviewing the legislative amendments, analyzing the statistical data and summarizing the problems presented in court decisions.
The path to development, which has been followed by legal norms relating to the mortgage, gives us an opportunity to make a significant analysis. With the definition of the essence and significance of the mortgage concept, the importance of this institution in the civil law is established, more specifically in the property law, which makes the mortgage problem more interesting and topical. The research is implemented in relation to German and French laws, where the hypothetical nature and characteristics of the mortgage are determined better.
Based on the above-mentioned, I have developed recommendations for better reviewing of mortgage-related problems towards court practice by using legislative analysis with comparing to foreign countries legislation, reviewing the legislative amendments, analyzing the statistical data and summarizing the problems presented in court decisions.
Degree Name
სამართლის მაგისტრი
Degree Discipline
სამართლის სამაგისტრო საგანმანათლებლო პროგრამა
Degree Grantor
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NinoBerishvii Samagistro.pdf
Description
იპოთეკის ძირითადი სამართლებრივი ასპექტები და მასთან დაკავშირებული პრობლემები ქართულ სასამართლო პრაქტიკაში
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1.34 MB
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Adobe PDF
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(MD5):bc99ddcb8f08988a37e495aa5e79ab42