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Apartment ownership in a Condominium under Georgian Law Cover

Apartment ownership in a Condominium under Georgian Law

Open Access
|Sep 2020

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.

DOI: https://doi.org/10.1515/bjes-2020-0013 | Journal eISSN: 2674-4619 | Journal ISSN: 2674-4600
Language: English
Page range: 28 - 41
Published on: Sep 13, 2020
Published by: Tallinn University of Technology
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2020 Tamar Zarandia, Tamar Tatanashvili, published by Tallinn University of Technology
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.