The Role and Significance of Fundamental Principles in the Civil Procedural Law of Georgia: A Comparative Legal Analysis
Year: 2025
Type: article
Abstract: The field of legal science is constantly evolving, driven by ongoing assessments and enhancements. Within legal doctrine, the principles of disposition, competitiveness, and party equality stand as cornerstones. These principles underpin the legal framework governing procedural systems across various types of legal proceedings, including constitutional, civil, administrative, criminal, and arbitration cases. They are crucial in ensuring the court's independence and impartiality, with the direct correlation between objectivity, equality within the state, and the application of these principles. Advancing these principles through further legislative efforts will solidify their integration within distinct legal relationships. This research paper aims to explore the foundational concepts of competition and equal rights among parties, particularly focusing on their application in civil proceedings. To achieve a comprehensive understanding and conclusive insights, it will examine the concept and essence of the principles of competition and equality among parties. This includes investigating the functional characteristics of these principles within civil proceedings as a procedural mechanism for addressing the objectives of such proceedings. The court's role in upholding these foundational principles is significantly impactful, offering a lens through which the quality of court operations in civil proceedings can be evaluated. Additionally, this paper will uncover the methods of consolidating and actualizing the principle of competition and equality within the civil process. The Civil Procedure Code, which has been meticulously developed to embody the principles of disposition and competition, will be analyzed for its norms that regulate procedural actions and relations arising from civil case deliberations in a manner distinct from earlier versions of the Code.
Author: Zaza Mchedlishvili
Institution: Grigol Robakidze University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4407089702