The Institution of Statute of Limitations as a Guarantee for the Protection of Minors' Rights: Theoretical and Practical Aspects of Civil Proceedings
Year: 2025
Type: article
Abstract: This research systematically examines the statute of limitations as a key guarantor of stability in civil legal relationships, with particular focus on the protection of minors. Georgia's Civil Code regulates the suspension of limitation periods for individuals with limited legal capacity until they obtain legal representation or reach adulthood. However, the current regulatory framework inadequately protects the rights of legally incapacitated children under seven years who lack parental care and have no appointed legal representatives. This legislative deficiency requires comprehensive research and normative improvements to safeguard children's best interests. The study also addresses the critical role of legal representatives. Our empirical data analysis demonstrates that segments of society possess insufficient information about legal representatives' rights and obligations. Public awareness regarding limitation periods as protective mechanisms for minors is notably low. The research incorporates critical analysis of legal norms from various jurisdictions and relevant European Court of Human Rights precedents. This paper ultimately aims to formulate recommendations that will substantially improve the protection mechanisms for minors' civil procedural rights, addressing both theoretical frameworks and practical implementation challenges within the Georgian legal system
Source: GEORGIAN SCIENTISTS
Author: Mariam Mamuladze
Institution: David Agmashenebeli University of Georgia
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4410417756