Until 1995, the small European state was known as the Republic of Georgia, however, in that year, in its Constitution the name was changed into Georgia. Apart from the Constitution, The
Civil Code is one of the most important laws to provide for the fundamental rights and obligations of the persons who live here.
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Quick Facts |
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Content of the Civil Law in Georgia |
It presents laws that govern civil matters, including the rights and obligations of individuals and entities in non-criminal legal matters, as established and defined by the Civil Code. |
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Civil rights at birth
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A Georgian person's civil rights are established from birth and cannot be taken away during her/his lifetime. |
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Legal rights of natural individuals
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- property ownership and inheritance,
- choice of residence,
- change of name,
- personal and professional reputation protection, etc.
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Establishment of legal entities |
Both locals and foreigners can open a company in Georgia to achieve specific objectives. |
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Activities of legal entities |
A legal entity may only engage in activities that are explicitly prescribed in the statutory documents.
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Rights of legal entities |
- acquiring and disposing of properties in line with their purposes,
- engaging in commercial and contractual relations with third parties,
- completing various transactions,
- pursuing legal action against other companies or natural persons, etc.
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Property ownership |
Both natural persons and companies have the legal right to own various types of real estate and register them with the National Land Register.
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Transfer of ownership |
It must be documented through contracts.
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Contract types in Georgia |
- sale-purchase agreements,
- lease agreements,
- rental contracts,
- franchise contracts,
- concession contracts, etc.
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Aspects of the Law of Inheritance |
- hereditary succession,
- legal heirs, disinheritance,
- opening of the estate,
- revendication,
- property rights,
- wills and testaments, etc.
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Family Law - main issues |
- solemnization and termination of marriage,
- marital rights and duties,
- voidness of marriage,
- parental rights,
- adoption,
- guardianship, etc.
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Aspects of the Intellectual Property Law |
- inventions,
- trademarks,
- geographically distinctive designations,
- tradenames,
- trade secrets in Georgia, etc.
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Structure of the Civil Code |
- Book One (private law system),
- Book Two (Property Law),
- Book Three (Law of Obligations),
- Book Four (Family Law/ Intellectual Property Law),
- Book Five (Law of Inheritance)
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Development of Georgian Civil Code |
from 1992 to 1997
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Assistance |
Our lawyers can explain you more about the Civil Law in Georgia and can assist in more legal matters, such as company incorporation in Georgia. |
Civil legislation in Georgia is given by the Civil Code, which provides general provisions regarding the scope of this law, the manner in which the provisions of the Code may enter into force, as well as regulations regarding natural persons living in Georgia. Also, the Civil Code prescribes the general definition concerning legal entities registered in Georgia, on matters related to the legal capacity of such entities and the domicile of the company.
The legislation also provides the legal framework concerning the registration of a foundation and
our team of lawyers in Georgia can advise on these regulations. Investors and natural persons can receive professional assistance on the above mentioned aspects, as well as information on the property legislation prescribed under the
Georgian Civil Code.
As per the rules regulating property matters and foreigners, it must be noted that all categories of foreigners can buy a property in Georgia if they provide the necessary documentation and have the necessary budget for the purchase.
One can also buy land, but agricultural land is no longer available for sale to foreign residents following a modification of the law brought in 2017.
Below, our lawyers in Georgia explain the main provisions of the Civil Law. We can also help in a wide range of civil law matters, including litigation on cases that need to be tried under the Civil Code of Procedure.
The main provisions of the Georgian Civil Code
The following concepts are provided for in the Civil Law of Georgia:
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the right to property under the form of real estate and other assets in Georgia;
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the private relations between natural persons with a main focus on equality;
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civil proceedings in case of litigation which fall under the jurisdiction of Georgian courts.
The Civil Code also contains provisions with respect to companies engaging in various contractual relations. The Contact Law is one of the important sub-divisions of the Civil Code.
Our
law firm in Georgia can guide natural persons and companies in various actions which fall under the incidence of the
Civil Law. Such actions can include, drafting and reviewing of civil contracts, legal advice on family matters and others.
Rights of natural persons under the Civil Law in Georgia
The first chapters of the Civil Code refer to the rights of persons born or moving to Georgia and legally residing here. According to these provisions, a person’s rights and duties start at their birth when they are capacitated to acquire and exercise their civil rights. Then, natural persons are also allowed to own properties and to inherit various assets. One of the most important laws deriving from the Civil Code is the Inheritance Law.
Another important right under the
Civil Code is for a person to choose his or her place of
residence in Georgia.
Our attorneys in Georgia can offer more information on the rights of persons living in this country.
Georgian regulations concerning natural persons
Chapter One of the Georgian Civil Code prescribes definitions regarding the legal understanding of the term “natural person”. According to the Article 11.1, a
person in Georgia will obtain civil rights prescribed by the
Georgian legislation at the moment of birth, and he or she can’t be deprived of such rights during his or her lifetime. Article 12 offers the legal framework concerning the legal capacity of a natural person, who may obtain his or her full rights (and exercise them) at the age of majority which, in
Georgia, is attained at the age of 18 years.
Civil Code regulations in Georgia for legal entities
Local and foreign businessmen who want to
open a company in Georgia may set up a legal entity in this country under the
Article 24 of the Civil Code, which states that a legal person is set up with the purpose of accomplishing a certain objective. The company’s objectives have to be stated in the statutory documents and the respective legal entity may engage only in the activities that are prescribed in the respective documents (Article 25).
Our team of lawyers in Georgia may provide further information on the articles of association and memorandum of a legal entity incorporated here.
Even if the Law on Enterprises is the main act providing for the incorporation of companies in Georgia, the Civil Code also establishes a few aspects related to the rights once such entities are created. Both private and public companies have the following rights according to the law:
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to acquire properties and dispose of them in accordance with their purposes;
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to enter commercial and contractual relations with third-parties;
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complete various transactions;
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to sue other companies or natural persons.
You can also rely on us if you want to open a business in Georgia. Our lawyers are at your service in various cities in the country, among which the capital,
Tbilisi.
Ownership rights under the Civil Law
The second book of the
Civil Code provides for the right to owning various types of real estate. Both natural persons and
companies in Georgia can acquire residential, commercial building and/or land plots and register them with the
National Land Register.
Under the law, ownership rights over real estate and other holdings can be passed on or sold to other parties, in accordance with the Civil Law or other applicable regulations. The transfer of ownership must be documented with contracts.
Contracts in Georgia fall under the Law of Obligation which is covered by the third chapter. There are various types of contracts that can be concluded between parties in Georgia, based on the transaction they are subject to.
In order to enter an agreement, both parties must consent to the content of the contract. Under the Georgian Civil Code, contracts can be concluded in writing (the most common form) or in an oral form.
The most common types of contracts in Georgia are:
The Civil Law contain extensive provisions on contracts and if you need specific information on any of the agreement presented above, you can ask our lawyers in Georgia.
For more information on the
Civil Code and assistance in any matter related to it, please refer to
our Georgian lawyers.
Economy of Georgia
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the first half of 2019 brought an economic increase of 4.7% on a yearly basis;
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export of goods registered one of the highest growths of 12.4% in the first 8 months of last year;
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tourism also increased with a growth of 5.9% in international visitors coming to the country;
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2020 is expected to deliver a 4.5% increase in the country’s real Gross Domestic Product.
A
legal entity in Georgia can have only one domicile and, if other business addresses are available, they will be considered the domicile of the company’s branch offices. Natural persons and legal entities are invited to
contact our law firm in Georgia for legal advice on the
Georgian Civil Code.
