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TAMAR ZARANDIA, TEA JUGHELI
ABUSE OF PROPERTY RIGHTS AND TERMS OF
NON-ALIENATION ACCORDING TO
GEORGIAN AND FRENCH LAWS
The authors in their work analyze abuse of property rights and terms of
non-alienation according to Georgian and French laws. Courts widely refer to
the inadmissibility of abuse of rights. The article analyses the notion of abuse of
rights, criteria that can determine abuse of rights, it also analyses French as well
Georgian judicial practice concerning with abuse of rights. It should be noted
that French Civil Code does not recognize legislative definition of abuse of property
rights but in spite of this, French law did not find it difficult to determine
the abuse of rights in specific case and to note that owner abuses rights from the
period when he/she uses it only on purpose to harm someone. It is quite interesting
that French judicial practice as well as Georgian one addresses the concept
of legitimate (acknowledged) interest. At the same time if the use of property
rights can develop into abuse of rights retaining property cannot be qualified as
abuse of rights.
With respect to property terms of non-alienation is a very interesting issue
that has never been discussed in Georgian theory. Is it possible to limit property
rights in one of its elements, namely, in property disposal The article discusses
the cases of terms of non-alienation in Georgian legislation – by the example
of redemption and permanent alimony.
Finally the authors conclude that similar to French Law it shall be proper
if the terms of non-alienation in an agreement is considered valid only when it is
provisional and is justified by the legitimate interest. In the authors’ opinion if
we assume that terms of non-alienation can be permanent this will distort property
regulations.
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