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

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

Open Access
|Jun 2024

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.

DOI: https://doi.org/10.2478/bjes-2024-0003 | Journal eISSN: 2674-4619 | Journal ISSN: 2674-4600
Language: English
Page range: 53 - 70
Published on: Jun 3, 2024
Published by: Tallinn University of Technology
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2024 Tamar Zarandia, Nana Mchedlidze, published by Tallinn University of Technology
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.