On the Influence of Roman Law Tradition in the Development of Private Law and the Recodification of Civil Law in Georgia /Sakartwelo/ Cover Image
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Zum Einfluss der römischrechtlichen Tradition in der Privatrechtsentwicklung und in der Neukodifikation des Zivilrechts in Georgien (Sakartwelo)
On the Influence of Roman Law Tradition in the Development of Private Law and the Recodification of Civil Law in Georgia /Sakartwelo/

Author(s): Gábor Hamza
Subject(s): History, Law, Constitution, Jurisprudence, History of Law, Civil Law
Published by: STS Science Centre Ltd
Keywords: Alexander I.; Basilika; Georgian Civil Code of 1997; code unique; Common law; concept moniste; customary law (ius consuetudinarium); Erekle II.; Hexabiblos; fiducia; German Civil Code (BGB);

Summary/Abstract: The author analyzes in the first part of his article the influence of the Byzantine legal tradition on the development of private law in Georgia. Special emphasis is given to the code (compilation) of king or emperor Wachtang VI in the first half of the 18th century. The comprehensive code of Wachtang VI is based mainly on Byzantine law. In the second part of the study the structure, the main institutions as well as the sources of the Georgian Civil Code promulgated and put into effect in 1997 are analyzed. The author outlines that the redactors of this code availed themselves of the scholarly achievements of the German pandectist legal science based substantially on Roman law tradition. The redactors of the Civil Code of 1997 took into consideration the French Civil Code, the German Civil Code, the Italian Civil Code of 1942 as well as the New Dutch Civil Code. The redactors of the Georgian Civil Code did not adopt the concept moniste whereby the Civil Code of Georgia is no code unique ? unlike the Italian Civil Code of 1942 and the New Dutch Civil Code.

  • Issue Year: 9/2018
  • Issue No: 1
  • Page Range: 174-177
  • Page Count: 4
  • Language: German