Law of Georgia
Civil Code of Georgia

[Only the articles relevant to this dossier have been reproduced here]

Article 118 – Self-help
If help from authorities cannot be obtained in good time, and without immediate intervention there is a danger that the realisation of the claim will be prevented or be considerably more difficult, then the action of a person who for the purpose of self-help removes, destroys or damages a thing, or who for the same purpose restrains the liberty of a responsible person who may escape, or overcomes the resistance to an action of a responsible person who has a duty to perform that action shall not be deemed unlawful.

Article 119 – Limits of self-help
1. Self-help may not extend further than is necessary to ward off danger.
2. If property is removed, it is necessary to immediately make a declaration on the attachment of the property.
3. If the liberty of a responsible person is restrained, he/she shall be taken before the relevant authorities without undue delay.

Article 172 – Demand for restoring a thing from defective possession and for removing a disturbance
1. An owner may recover a thing from its possessor, except if the possessor had the right to possess it.
2. If encroachment on or other disturbance of the right of ownership occurs without seizure or dispossession of the thing, then the owner may demand that the disturber end the disturbance. If the disturbance continues, the owner may seek a prohibitory injunction.
3. (Deleted – 11.12.2015, No 4625).
Law of Georgia No 3885 of 8 December 2006 – LHG I, No 48, 22.12.2006, Art. 327
Law of Georgia No 4625 of 11 December 2015 – website, 29.12.2015

Article 173 – Common property
1. Common (joint and shared) property shall arise by operation of law or on the grounds of a transaction. Each co-owner may assert a claim against third persons over the property under common ownership. Each co-owner may recover the thing only in favour of all co-owners.
2. A thing under common ownership, if so agreed by the co-owners, may be pledged or otherwise encumbered in favour of and in the interests of one of the co-owners.
3. Expenses on maintaining and keeping a thing under common ownership shall be borne equally by the co-owners, unless otherwise provided by law or contract.
4. Unless directly established by the legislation of Georgia, the pre-emptive right to the acquisition of any share of the common property may be determined by agreement among the co-owners.
Law of Georgia No 4744 of 11 May 2007 – LHG I, No 18, 22.5.2007, Art. 158
Law of Georgia No 4851 of 25 June 2019 – website, 2.7.2019

Article 319 – Freedom of contract. Obligation to enter into a contract
1. Subjects of private law shall be free to enter into contracts and determine their contents within the scope of the law. They may also conclude contracts that are not prescribed by law but do not contravene it. If, for the protection of the essential interests of society or a person, the validity of a contract depends upon the permission of the state, then a separate law shall govern the matter.
2. If one of the parties to a contract holds a dominant position in the market, then it shall be bound by the obligation to enter into a contract in this field of activity. This party may not unjustifiably offer unequal contractual terms to another contracting party.
3. Persons who acquire or use property and services either for non-commercial purposes or for meeting their vital needs may not be unjustifiably denied entry into a contract, provided that the other party to the contract is acting within the scope of its business.

Article 342 – Concept
1. Standard contract terms are provisions prepared in advance for repeated use that one party (the offeror) proposes to the other party, and which lay down rules that deviate from, or supplement statutory provisions.
2. If the parties have determined the contract terms in detail, then such terms shall not be deemed to be standard contract terms.
3. The terms specifically agreed upon by the parties shall prevail over standard contract terms.

Article 344 – Uncommon provisions in standard contract terms
Provisions contained in standard contract terms that are of such an uncommon character that the other party could not have expected them shall not become an integral part of the contract.

Article 345 – Interpretation of unclear provisions in favour of the other party
If the text of standard contract terms is unclear, then it shall be interpreted in favour of the other party.

Article 346 – Invalidity of terms contravening the principles of trust and good faith
Standard terms of a contract shall be void, notwithstanding their inclusion in the contract, if they disadvantage the other party to the contract and are irreconcilable with the principles of trust and good faith. In addition, account shall be taken of the circumstances in which these terms have been included in the contract, also the mutual interest of the parties, etc.

Article 955 – Share in the fruits
1. Each part owner shall be entitled to the portion of the fruit proportionate to his/her share.
2. Each part owner may use the thing held in common in such a way as not to impair the use by the rest of the shareholders.

Article 956 – Administration of a thing held in common
1. The part owners shall jointly administer the thing held in common.
2. Each part owner may undertake measures necessary for maintaining the thing without the consent of the other part owners.

Article 957 – Making decisions when administering things held in common
1. Decisions on the administration and use appropriate for the qualities of the thing held in common may be made by a majority of votes. The majority of votes shall be determined according to the size of the shares.
2. Each part owner may, according to fairness, demand administration corresponding to the interests of all part owners, unless the administration is regulated by agreement or by a majority vote.
3. The right of each part owner to a share of use may not be impaired without his/her consent.