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ARTICLE 316/1 OF THE CIVIL
CODE OF GEORGIA –
STATUTORY INTERPRETATION
OR LEGAL GROUNDS FOR
CLAIM?
GIORGI AMIRANASHVILI
Ivane Javakhishvili Tbilisi State University, Faculty of Law, Master Student
Law of obligations is the biggest and the most important part of the civil law.
General part of the law of obligations has a significant role in private law. General
provisions about obligations start with Article 316 and point 1, Id presents the
concept of obligation.
In the opinion of German lawyers, this norm is not grounds for a claim, but it
gives statutory interpretation of an obligational relation. Therefore, it appears
that its purpose is only limited with introduction of the concept, which is disputable.
The thing is that this norm does not describe facts, but it defines actions. Therefore,
law is made of normative regulations. The latter establish implementation of certain
actions or abstaining from the action. Even if we assume that this norm only
provides the concept of obligation, it appears that those regulations that exist in
the civil code that contain concept interpretations, do not have normative purpose,
which does not correspond to the truth.
Therefore, the goal of the article is to conduct critical analysis of different
opinions existing in the literature and to try to establish what purpose the Article
316/1 serves in reality.
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