Europeanisation of Georgian Private Law: Legal Reform and Future Development Through the Lens of Property Law Reception

Abstract

This article examines the historical foundations, conceptual evolution, and contemporary development of Georgian private law through the lens of legal reception, focusing on property law. It begins by tracing the formation of Georgian legal culture, shaped over centuries by Byzantine, Eastern, and later Russian influences, and highlights the creative codification tradition exemplified in the legislative works of Vakhtang VI. The analysis then turns to the Soviet era, in which law functioned as an instrument of ideological control, subordinating private ownership to socialist forms of property. The article explores the divergent post-Soviet reform strategies adopted across the region and emphasises Georgia’s unique choice to reject the Soviet legacy and ground its new Civil Code in the German legal tradition. The article analyses the reception of German property law principles – such as numerus clausus, publicity, specificity, superficies solo cedit, the right to follow, and priority – and assesses how these concepts were adapted within Georgian law. A recurring theme is the creative, not mechanical, nature of the reception process, shaped both by historical conditions and practical constraints of the post-Soviet transition. The article evaluates the implications of Georgia’s causal model of ownership transfer, contrasting it with the German separation and abstraction principles. In addition, the article discusses the effects of the EU-Georgia Association Agreement on legal approximation, particularly in the field of property law, and examines continued challenges stemming from Soviet-era doctrinal remnants, such as the former classification of property forms. The conclusion emphasises that while Georgian civil law continues to undergo legislative change, the core structural principles of the Civil Code remain stable. The article underscores the crucial role of legal principles and judicial practice in shaping future development, arguing that the dynamic interplay between legislative reform, doctrinal reception, and judicial interpretation remains central to the evolution of Georgian private law.