PLEA BARGAIN: JUSTICE OR PROSECUTORIAL DISCRETION

ანოტაცია

The right to property or the awareness of the process of its transfer and appropriate analysis of each stage of this procedure is important regarding legal, economic and social meaning. Since property interests are of great importance in the context of a market economy and the object of the right to property is property, the rule of behavior by which the right to property is transferred or acquired is always important. It should be pointed out that the right to property to movable, immovable and intangible possessions is conferred by means of different rules. The present paper discusses the rule (process) about how transfer of the right to property to movable properties is carried out. The selection of the mentioned ‘rule’ as the subject of the research was preconditioned by the fact that in scientific literature the rule (process) of transfer or acquisition of the right to property is not interpreted (defined, understood) in uniform ways. Some scientists consider that only titulus contract and modus are sufficient for transfer of the right to property to a movable property in Georgia. Other scientists consider that causa is not sufficient for transfer of the right to property to movable properties in Georgia and that property transaction, existing in an “invisible” position beyond modus, is also essential.