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

<p>The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of <italic>superficies solo cedit</italic> in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.</p>
</abstract>

The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.

Apartment ownership in a Condominium under Georgian Law

Ivane Javakhishvili Tbilisi State University

TalTech Journal of European Studies

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

{"article-title":"Apartment ownership in a Condominium under Georgian Law"}

The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide...

Apartment ownership in a Condominium under Georgian Law

Publié en ligne: 13 sept. 2020

Pages: 28 - 41

DOI: https://doi.org/10.1515/bjes-2020-0013

Mots clés
condominium, homeowners’ association, individual ownership of an apartment, superficies solo cedit

© 2020 Tamar Zarandia et al., published by Sciendo

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

Apartment ownership in a Condominium under Georgian Law

Publié en ligne: 13 sept. 2020

Pages: 28 - 41

DOI: https://doi.org/10.1515/bjes-2020-0013

Mots cléscondominium, homeowners’ association, individual ownership of an apartment, superficies solo cedit

© 2020 Tamar Zarandia et al., published by Sciendo

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

Mots clés
condominium, homeowners’ association, individual ownership of an apartment, superficies solo cedit