Legislative Gaps as a Factor Impeding the Exercise of Ownership Rights to Real Estate and Certain Intangible Property Assets in Georgian Private Law

Abstract

Property has played an important role since time immemorial and continues to do so today, because since ancient times, people have associated property with the economic well-being of their families and, accordingly, have tried and continue to try to protect it, both within the country and abroad.

Property, on the other hand, implies the right to property, and the latter, or property, is attributed to Article 147[1] of the Civil Code of Georgia by all things and those intangible property benefits that can be owned, used and disposed of by natural and legal persons and which can be acquired without restriction, if this is not prohibited by law or does not contradict moral norms.

In turn, things can be both movable and immovable. However, the Civil Code of Georgia provides only a list of immovable things in Article 149[2]. In particular, they include a plot of land with minerals on it, plants growing on the ground, as well as buildings and structures that stand firmly on the ground. Accordingly, it is assumed that all things that do not belong to the category of immovable things are movable things.