წუნდებული საკვები პროდუქტით გამოწვეული ზიანის ანაზღაურების ფარგლები

The paper is about the actual problem of Georgia, the damage caused by food, amount of its reimbursement. Damage caused by a defective product is very common in Georgia, but consumers do not appeal to the court to impose the manufacturer, so court practice is very scarce. Thus, the paper discusses compensation cases due to damages caused by a tort in general, due to health damages and death, as well as the amount of compensation for moral damage due to health damages and death in accordance with the existing court practice in Georgia. The paper discusses the amount of compensation for moral damage caused by health damage according to the case law in Georgia. The research results show that there has been an increase tendency of determining the amount of damage in recent years, which can be assessed positively from the point of view of human rights. There is also discussed the amount of compensation to the successor in the event of the death of the victim. In the last mentioned case, there was a total changes in the court practice in connection with the decision of the European Court of Human Rights about “Sarishvili-Bolkvadze” case, because Georgian court did not authorize compensation for moral damages in the event of death before this decision.
The paper considers which product is faulty as stated by the legislation of Georgia and Germany, as well as based on the directive of the Council of Europe. This part of the topic also reviews whether the concept of subject matter should include products of primary production or not in accordance with the Civil Code of Georgia. The master's study also includes the problem of establishing a causal relationship in the event of food spoilage.
The near absence of case law about food damages is a significant problem in terms of consumer right protection in the country, as the diversity of case law can also lead to improved legislation and a general “revival” of this area. In fact, there are defective products in the country, but they do not have any legal assessment, because according to Article 2 of the Civil Procedure Code of Georgia, the court considers the case on the basis of an application of a person who wants to protect his/her rights or interests. This problem existed in many countries when it was necessary to raise consumer awareness, as well as in Georgia. It needs time to discuss the problem and identification of the problem to make the problem more visible.