Issue 1 (2015)

THE ROLE OF MANAGING THE SHARE FROM THE PROPERTY OF FELLOWSHIP OF FELLOWSHIP

Authors:

Abstract: On the basis of the first part of Paragraph 933 of the Georgian Civil Code, there is prohibited the delegation of the share from all common property without the other participants consent. Fellowship Agreement is a Fiducial Agreement, where the personality of each participant. is of significant importance. Willful managing of belonging share from all common property by one of the participant without the consent given by the other participants is related with substituting of this participant for the buyer of his (her) share – outstanding individual i.e. the participant from all common property will delegate to the other individual not only the belonging share, but the right of participation in Fellowship Agreement. I think, that in case of alienation of the share by one of the partner, consent of the other (all) participants shouldn’t be required, as all the rights and obligations, which were assigned on alienating participant of the share by the Agreement will be delegated to a new participant. Thus, I consider, that in the first part of paragraph 933 of the Georgian Civil Code, there should be contemplated the experience of the other country (France, Russia) in relation with free managing of share from fellowship, in order the participants of Agreement not to be limited in the matter of managing the belonging share from all common property.

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