მოსამართლის მიხედულების ფარგლები საოჯახო და მემკვიდრეობითსამართლებრივ დავაში contra legem განმარტების გამოყენებისას

Family and inheritance disputes are distibguished by anumber of specificities. First of all, with issues, such as – divorce, the interest of child, parental rights and so on, is interested the whole community, because definitely is a subject each person even just one of any relationship. It is also a peculiarity as the basis for the origin of the dispute, as well as the results, because it deals with highly sensitive topics. The litigation is saturated with a number of inquisition elements, which makes the practice even more interesting.
It is true that the law is the starting point for a judge in Georgia. However, it is impossibleto include all possible cases in the code, this time an interpretation of the law isnecessary. The paper deals with the definition of law in such a way about which there are still heterogeneous approaches and attitudes.Definition Contra Legem opposes the content of the norm and gives it a completely opposite meaning. It is a problematic issue – where does the line between the definition of law and its creation.
Because family and inheritance disputes are already distinguished by theinquisition, will be discussed, both, wide view and unlawful definition, whether there is a threat to justice.
It will be revealed how brave the Georgian judges are and whether they use an illegal definition in family disputes, if used, in what case and on what grounds. What happens then when law-opposes other law and morality, justice and legality.