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ზიანისა და ზარალის კატეგორიების ურთიერთგამიჯვნის პრობლემა და ანაზღაურების საფუძვლები
Date Issued
2020
Author(s)
Advisor(s)
Institution
Faculty
Abstract
The present paper reviews one of the forms of public liability, problem of separation of damage and loss categories and basics of compensation as well as the associated field of legal regulation.
It is notable that the existing Civil Code of Georgia and generally the Civil Law do not provide an exact definition and explanation of damage and loss. However, together with the adjustment with the other forms of civil responsibility, generally definition of its content under the law is easy.
It is noted that in accordance with the Georgian Civil Law, there are different forms of public liability, from which the most actual and especially important form is compensation for damages (loss). Its specific character and actuality is that when non-fulfillment or improper fulfillment of contractual obligations between the parties accurs, therefore the respective responsibility is originated. This respective liability may include the imposition of compensation.
The main goal of the paper is within the study of topic subjecting to discussion. The study gives the forms of responsibility in property relations, basically both the previous and current legislative regulation of compensation for damages (loss) and the errors therein, which was always the subject of controversy. Herewith, the paper reviews the forms of liability in non-property relations too; privately, compensation for moral damage and fundamentals of its compensation will also be highlighted. Besides, contemporary court practice and development of judicial law is very important, which will support the comprehensive improvement of legislative framework and eradication of existing legal problems. Opinions, discussions and explanations of both Georgian and foreign scientists working in the field of law deserve a special mention in connection to the given subject matter, which has been the subject of discussion and dispute repeatedly.
It is notable that the existing Civil Code of Georgia and generally the Civil Law do not provide an exact definition and explanation of damage and loss. However, together with the adjustment with the other forms of civil responsibility, generally definition of its content under the law is easy.
It is noted that in accordance with the Georgian Civil Law, there are different forms of public liability, from which the most actual and especially important form is compensation for damages (loss). Its specific character and actuality is that when non-fulfillment or improper fulfillment of contractual obligations between the parties accurs, therefore the respective responsibility is originated. This respective liability may include the imposition of compensation.
The main goal of the paper is within the study of topic subjecting to discussion. The study gives the forms of responsibility in property relations, basically both the previous and current legislative regulation of compensation for damages (loss) and the errors therein, which was always the subject of controversy. Herewith, the paper reviews the forms of liability in non-property relations too; privately, compensation for moral damage and fundamentals of its compensation will also be highlighted. Besides, contemporary court practice and development of judicial law is very important, which will support the comprehensive improvement of legislative framework and eradication of existing legal problems. Opinions, discussions and explanations of both Georgian and foreign scientists working in the field of law deserve a special mention in connection to the given subject matter, which has been the subject of discussion and dispute repeatedly.
Subjects
Degree Name
Master of Law in Private Law
Degree Discipline
კერძო სამართალი
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Name
Samagistro Gelukashvili.pdf
Description
ზიანისა და ზარალის კატეგორიების ურთიერთგამიჯვნის პრობლემა და ანაზღაურების საფუძვლები
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785.95 KB
Format
Adobe PDF
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(MD5):b2264698e4168341cbe38cccaa44a4be