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Issues of Perfecting the Ranks of Legal Heirs in Georgian Legislation

By Guranda Misabishvili

Law and World · Vol. 11, No. 33, pp. 60-80 · 2025

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Abstract

The article concerns the issue of the perfection of the ranks of legal heirs, the importance of marriage registration, and the prerequisites for its validity when receiving an inheritance. In Georgian reality, the law is often ignored, and spouses do not apply for official marriage registration in accordance with the procedure established by law when getting married. Marriage registration falls within the scope of state competence. For years, spouses have been living together in actual cohabitation, have children together, and are engaged in joint farming, but since they are not in a registered marriage, in the event of the death of one of the spouses, the other spouse cannot become his or her heir. The inheritance is received by the children of the deceased person or other relatives of the next order, while the surviving spouse remains without property, which, naturally, causes a great sense of injustice among people. This issue is one of the important and widespread problems in practice when talking about the improvement of the ranks of inheritance. It should be said how important the registration of marriage is for the emergence of rights and obligations between spouses, as well as for that particularly important right called the right to be an heir. The article discusses ways to equalize the actual cohabitation of spouses and registered marriage to improve the ranks of legal heirs.

Details

Publication type
Journal article
Author
  • Guranda Misabishvili - Notary, Doctoral Program of Law, Caucasus International University, Georgia
Journal
Law and World
Publication
March 31, 2025
Volume
11
Issue
33
Pages
60-80
Language
English
DOI
10.36475/11.1.5
ISSN
2346-7916
Institutions
Caucasus International University
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Family and Succession Law

Keywords

Inheritance legal marriage registration spouses cohabitation

Cite this record

Misabishvili, G. (2025). Issues of Perfecting the Ranks of Legal Heirs in Georgian Legislation. Law and World, 11(33), 60-80. https://doi.org/10.36475/11.1.5
Misabishvili, Guranda. "Issues of Perfecting the Ranks of Legal Heirs in Georgian Legislation." Law and World 11, no. 33 (2025): 60-80. https://doi.org/10.36475/11.1.5.
@article{misabishvili2025_78wknw,
  title     = {Issues of Perfecting the Ranks of Legal Heirs in Georgian Legislation},
  author    = {Misabishvili, Guranda},
  year      = {2025},
  journal   = {Law and World},
  volume    = {11},
  number    = {33},
  pages     = {60--80},
  doi       = {10.36475/11.1.5},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/674},
  note      = {Open access}
}
Download BibTeX 
TY  - JOUR
AU  - Misabishvili, Guranda
TI  - Issues of Perfecting the Ranks of Legal Heirs in Georgian Legislation
PY  - 2025
JO  - Law and World
VL  - 11
IS  - 33
SN  - 2346-7916
DO  - 10.36475/11.1.5
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/674
AB  - The article concerns the issue of the perfection of the ranks of legal heirs, the importance of marriage registration, and the prerequisites for its validity when receiving an inheritance. In Georgian reality, the law is often ignored, and spouses do not apply for official marriage registration in accordance with the procedure established by law when getting married. Marriage registration falls within the scope of state competence. For years, spouses have been living together in actual cohabitation, have children together, and are engaged in joint farming, but since they are not in a registered marriage, in the event of the death of one of the spouses, the other spouse cannot become his or her heir. The inheritance is received by the children of the deceased person or other relatives of the next order, while the surviving spouse remains without property, which, naturally, causes a great sense of injustice among people. This issue is one of the important and widespread problems in practice when talking about the improvement of the ranks of inheritance. It should be said how important the registration of marriage is for the emergence of rights and obligations between spouses, as well as for that particularly important right called the right to be an heir. The article discusses ways to equalize the actual cohabitation of spouses and registered marriage to improve the ranks of legal heirs.
KW  - Inheritance
KW  - legal
KW  - marriage
KW  - registration
KW  - spouses
KW  - cohabitation
KW  - მემკვიდრეობა
KW  - კანონისმიერი
KW  - ქორწინება
KW  - რეგისტრაცია
KW  - მეუღლეები
KW  - თანაცხოვრება
SP  - 60
EP  - 80
ER  -
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