Some Legal Aspects of Civil Law According to German Civil Law (Comparative Analysis)

Authors

  • Ia Kharazi Davit Agmashenebeli St. Georgia University
  • Ani Damenia Akaki Tsereteli State University

Keywords:

Understanding of Legal Relations, German Civil Law, Civil Law Relations

Abstract

This article reviews the understanding  of civil law relations according to German civil law, its elements and the opinions of individual scientists. The significance of the categories of legal requirements in Civil law relations are specified in accordance with the German law.  In particular, like the science of German law, there are absolute (common actions) and relative legal relations in Georgian jurisprudence. Both in Germany and in Georgia, first of all, material legal relations are attributed to absolute legal relations. In particular, the field of universal rights of the person (Personlichkeitsrechte), the field of personal family rights (personlichefamilienrechte), the immaterial properties (Immaterialguterrechte), the right of possession of ownerless thing (aneigungsrech), the law of property rights (Rechte an dinglichen Rechte) and so on. Claim rights (Forderungsrechte), constitutional rights (Gestaltungsrechte) and "Dispute" against legal relations (einredengegenanspruche) are attributed to Relative. The "rights of expectation" (Anwartschaftsrechte) and the "right to a right" are relative rights that are directed towards acquisition. In other cases, these rights give rise to absolute legal relations. Separation of absolute and relative legal relations is important for choosing the proper protection of the legal scheme, etc.

Published

2022-09-19