Gaining Possession of Another’s Real Estate Thought Criminal Ways (Overview of Specific Court Decisions)

Abstract

The research shows that the issue is very relevant, as the interests of two subjects of law are at stake. On the one hand the interest of the rightful owner who owns the real estate and on the other hand the interests of the private mortgagors who have mortgaged the real estate in exchange for a certain amount. Attention should be drawn to the fact that the Court of Appeals, in its reasoning, refers to mortgagors as the acquisition of immovable property, which is a wrong approach, since mortgages are a relative right as opposed to an absolute one, and thus in these types of disputes, it would be fair to cancel a mortgage. None of the chambers discusses the responsibility of the National Agency of Public Registry, which in this case should be the subject of discussion, since the registration of ownership of real estate is the competence of the National Agency of Public Registry, however, the public has a high standard of trust in the registry. It is the responsibility of the Registry, therefore it is its responsibility, it should be noted that the Georgian court practice is already aware of the fact that the Public Registry has compensated a number of damages, which means that the Administrative Board and the National Court as a whole impose responsibility on the Registry in their decisions. It can be said that the solution to the problem will be the introduction of a special marking standard on real estate by the public registry, with the help of which the owner will be able to give some warning to third parties not to mislead them. It is possible to introduce a "Compensation Fund" which already exists in the Federal Republic of Russia, with the help of this fund it is possible without a dispute, the rightful owner will receive monetary compensation in full for his real estate. It would be good to amend the Civil Code, according to which Article 185 of the Civil Code of Georgia would be drafted with the content of Article 187, in particular, the mortgagee and the purchaser of real estate would be obliged to inspect the real estate, not only in the public register, but also on the spot. Equal protection of the interests of the owner.