FUTURE OWNERSHIP RIGHT RECOGNITION PROBLEMS IN GEORGIAN JUSTICE

Abstract

Aim of the present article is to provide critical analysis of the court ruling with respect to recognition of future ownership right as property right and the given category of right. Article reviews ruling of the Board of Administrative Cases of Tbilisi Court of Appeal dated June 5th, 2012. Purpose of the article is to determine status of rights to real estate with consideration of fundamental principles of Georgian and European Private Law because granting inaccurate legal evaluation to registered references to real estate leads to incorrect and unqualified resolution of dispute. Development of economic relations necessitated association of number of references to real estate legal status of which is not defined by law-makers in advance, though hundreds of citizens are mistaken as this gives rise to assumption that everything being registered under public administrative act will be supported and defended by the state. Unfortunately, this is not the main point that has been demonstrated during construction related relationships where hundreds of thousands of obligations fulfilled by citizens remained unprotected by reason that state fails to provide exact assessment of future owner’s status. Purpose of each such citizen was to acquire title to individual area in exchange for obligations fulfilled by 100%. Future title was related not to personal demands of a builder but to transfer of title to real estate that by its content is property demand and respectively, a property right related to property.