BAG negatively assesses planned amendments in the Civil Code

4 Jun '15

Legislative amendments proposed in the Georgian parliament, which are related to cancelation of suppression of an administrative order or other kind of Suppression of administrative procedure, significantly worsens the quality of protection of property rights in the Country.
As BAG announces, the legislative amendments unjustifiably and disproportionately restrict the right of owners to defend their property effectively from unlawful and interference.
By the proposed legislative amendments the role of real estate property registries and registry presumptions of correctness will be diminished because although registered property rights, in every contentious case, the owner will be forced to defend his right to address the court, and this is associated with certain financial and most importantly - time expenses. Not only Business, but also individuals who has the ownership of the real estate to gain financial interest will face difficulties by proposed legislative amendments.
We think it is worth emphasizing that by the Article 21 of the Constitution of the State is obliged to establish and maintain a judicial system that provides effective protection of property rights, which includes the existence of effective mechanisms for the prevention of interference with property rights enforcement.