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Apartment ownership in a Condominium under Georgian Law

Author

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  • Zarandia Tamar
  • Tatanashvili Tamar

    (Faculty of Law, Ivane Javakhishvili Tbilisi State University, Chavchavadze Ave. 1, Tbilisi 0128, Georgia)

Abstract

The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.

Suggested Citation

  • Zarandia Tamar & Tatanashvili Tamar, 2020. "Apartment ownership in a Condominium under Georgian Law," TalTech Journal of European Studies, Sciendo, vol. 10(2), pages 28-41, September.
    • Handle: RePEc:vrs:bjeust:v:10:y:2020:i:2:p:28-41:n:3
    DOI: 10.1515/bjes-2020-0013
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    References listed on IDEAS

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    1. Hansmann, Henry, 1991. "Condominium and Cooperative Housing: Transactional Efficiency, Tax Subsidies, and Tenure Choice," The Journal of Legal Studies, University of Chicago Press, vol. 20(1), pages 25-71, January.
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