<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Disputes on property rights date back to the ancient times. Having undergone extensive development, the right to property can be protected through a vindication claim and <italic>actio negatoria</italic> which are the most common of the private legal means of protecting property rights within the domestic judicial proceedings in Georgia. Within the Council of Europe, “existing property” and legitimate expectations to acquire an asset are safeguarded by Article 1 of Protocol No. 1 to the European Convention on Human Rights, which enjoys supremacy over domestic legislation, including the country’s Constitution. The European Court of Human Rights differentiates between three rules on how protection of property is represented under this provision and interprets the state’s positive obligations in securing property rights, including through investigation.</p>
</abstract>

Disputes on property rights date back to the ancient times. Having undergone extensive development, the right to property can be protected through a vindication claim and actio negatoria which are the most common of the private legal means of protecting property rights within the domestic judicial proceedings in Georgia. Within the Council of Europe, “existing property” and legitimate expectations to acquire an asset are safeguarded by Article 1 of Protocol No. 1 to the European Convention on Human Rights, which enjoys supremacy over domestic legislation, including the country’s Constitution. The European Court of Human Rights differentiates between three rules on how protection of property is represented under this provision and interprets the state’s positive obligations in securing property rights, including through investigation.

Protection of the Right to Property under Georgian Legislation and the European Convention on Human Rights

Ivane Javakhishvili Tbilisi State University

TalTech Journal of European Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Disputes on property rights date back to the ancient times. Having undergone extensive development, the right to property can be protected through a...

Protection of the Right to Property under Georgian Legislation and the European Convention on Human Rights

Publicado en línea: 03 jun 2024

Páginas: 53 - 70

DOI: https://doi.org/10.2478/bjes-2024-0003

Palabras clave
actio negatoria, constitution, ECHR, property rights, vindication claim

© 2024 Tamar Zarandia et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Protection of the Right to Property under Georgian Legislation and the European Convention on Human Rights

Publicado en línea: 03 jun 2024

Páginas: 53 - 70

DOI: https://doi.org/10.2478/bjes-2024-0003

Palabras claveactio negatoria, constitution, ECHR, property rights, vindication claim

© 2024 Tamar Zarandia et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Palabras clave
actio negatoria, constitution, ECHR, property rights, vindication claim