NON‐CONTRACTUAL OBLIGATIONS

Abstract

Codification of law in modern continental Europe, cornerstone of which is Roman civil law, recognize both contractual and non-contractual basis as grounds giving rise to an obligation. The basic form of existence of obligation is a contract, though noncontractual relationship is initially considered under the notion of obligation, especially since in the Civil Code of Georgia obligation is explained as a right to demand, not as performance of obligation. The subject of our interest is an overview of legal nature of the noncontractual obligations as well as the existing case law with regard to them, as determination of the ground rising to an obligation is important then to decide compensation for damage between the parties. In other words, in order to protect a fair interest of parties, in terms of relations of obligation risen without the contract, it is necessary to fi nd out how these persons became the parties of this relationship without prior agreement. The present research is aimed at displaying peculiarities and similarities with regard to the current Civil Code of Georgia based on the examination of the norms of Civil Code of France related to the non-contractual obligations, especially since Georgian legal literature about the non-contractual obligations is quite scarce. Apart from this, if we consider the importance and number of obligation risen between the parties without their prior agreement, this work will provide a good job for the law practitioners as well as persons concerned with the study of the law of obligations. According to Civil Codes of Georgia and France, based on the examination of the norms regulating non-contractual obligations, the following conclusions can be drawn.