Recognition of the Right, as a Ground to Acquire Property Rights of the Illegally Occupied Plots of Land

Abstract

The constitution of Georgia, article 19, stipulates the universal right to ownership, acquisition, alienation, and inheritance of property. The right to own property is a pillar to the modern democratic society development, on which it is based economic freedom and stable civil turnover. According to the established practice of the Constitutional Court of Georgia, ’’The constitutional-legal guarantee of property rights includes the obligation to create a legal base that ensures the practical realization of the right to own property and makes it possible to accumulate property through the purchase of the property."
 According to Georgian law, one type of property acquisition is the recognition of property rights to illegally occupied plots of land in the absence of a document certifying the lawful possession (use) of land. 
 The purpose of this article is to discuss the recognition of the right as a basis for acquiring ownership to illegally occupied plots of land. To do this, logical analysis is used along with the presentation of the issue's informational and cognitive aspects and discussion of the judicial practice.