The contribution discusses different approaches under private international law (including international civil procedure) relating to non-recognized States. Particular regard is given to relations between the Georgian courts and the de facto authorities of the occupied Abkhazia and Tskhvinvali Regions with regard to their ‘legal acts’ establishing civil status and other private rights. Georgian law takes, in principle, a position of non-recognition of ‘legislation’ or ‘legal acts’, which have been passed by de facto authorities in the two occupied regions, but some important exceptions are foreseen by legislation with regard to civil rights. The author analyses these exceptions from the perspective of private international law as well as Georgian interlocal law.

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Non-recognized States in Private International Law: Georgian Perspective

  • Giorgi Vashakidze

摘要

The contribution discusses different approaches under private international law (including international civil procedure) relating to non-recognized States. Particular regard is given to relations between the Georgian courts and the de facto authorities of the occupied Abkhazia and Tskhvinvali Regions with regard to their ‘legal acts’ establishing civil status and other private rights. Georgian law takes, in principle, a position of non-recognition of ‘legislation’ or ‘legal acts’, which have been passed by de facto authorities in the two occupied regions, but some important exceptions are foreseen by legislation with regard to civil rights. The author analyses these exceptions from the perspective of private international law as well as Georgian interlocal law.