Open AccessThe Problem of Procedural Complicity in Georgian Civil Procedural Law
Author(s) -
Bakur Liluashvili
Publication year - 2022
Publication title -
samart'ali da msop'lio/samart'ali da msop'lio
Language(s) - English
Resource type - Journals
eISSN - 2587-5043
pISSN - 2346-7916
DOI - 10.36475/8.1.12
Subject(s) - complicity , procedural law , georgian , mistake , law , civil procedure , civil law (civil law) , political science , plaintiff , institution , legislation , public law , philosophy , linguistics
The paper discusses such an important institution of Georgian civil procedural law as procedural complicity. In particular, the legal grounds for co-participation in civil proceedings, such as: 1) the subject matter of the claim, 2) the common right and 3) the basis of the claim. We considered it necessary to discuss the above preconditions in order to avoid mistakes in resolving the issue of involving the parties (plaintiffs) and the parties (parties) participating in the proceedings. Making this mistake, in turn, can lead not only to a timely decision on the case, but also, most importantly, the ability to make an objective decision. As a result of the analysis and comparative study of the case law of Georgia, as well as the legislation of foreign countries, including continental and common law states, the issue of the need to make changes in the Georgian Civil Procedure Law regarding the institution of complicity was identified