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

Zarandia Tamar () and Mchedlidze Nana ()
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Zarandia Tamar: Faculty of Law Ivane Javakhishvili Tbilisi State University Chavchavadze Ave. 1 Tbilisi 0128, Georgia
Mchedlidze Nana: Faculty of Law Ivane Javakhishvili Tbilisi State University Chavchavadze Ave. 1 Tbilisi 0128, Georgia

TalTech Journal of European Studies, 2024, vol. 14, issue 1, 53-70

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.

Keywords: actio negatoria; constitution; ECHR; property rights; vindication claim (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:bjeust:v:14:y:2024:i:1:p:53-70:n:1003

DOI: 10.2478/bjes-2024-0003

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