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Apartment ownership in a Condominium under Georgian Law

Apartment ownership in a Condominium under Georgian Law AbstractThe 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. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Journal of European Studies de Gruyter

Apartment ownership in a Condominium under Georgian Law

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Publisher
de Gruyter
Copyright
© 2020 Tamar Zarandia et al., published by Sciendo
ISSN
2228-0596
eISSN
2674-4619
DOI
10.1515/bjes-2020-0013
Publisher site
See Article on Publisher Site

Abstract

AbstractThe 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.

Journal

Baltic Journal of European Studiesde Gruyter

Published: Sep 1, 2020

Keywords: condominium; homeowners’ association; individual ownership of an apartment; superficies solo cedit

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