Analysis of Georgian Judicial Practice on the Grounds and Scope of Compensation of Damages Incurred by the Death of a Breadwinner

Abstract

The present paper provides an overview of the uniform Georgian judicial practice, from 2001 to date, on liability for damages in the event of a victim’s death, as envisaged by Article 1006 of the Civil Code of Georgia (hereinafter referred to as – “CCoG”). Since the issue concerns the law applicable to non-contractual obligations in general, it is reasonable to outline the relation between the general torts established under Article 992 of the CCG and the torts arising as a result of victim’s death, as established under Article 1006 of the same Code, in order to demonstrate specific peculiarities of Article 1006. In terms of teleological interpretation of Article 1006 of the CCoG, it is important to establish the legal effects of infringement of tort liabilities arising as a result of the death of a breadwinner as it determines the scope of specific requirements. However, in 2015, judicial practice revealed a radically different approach when non-pecuniary damages incurred as a result of a relative’s death was compensated.