Supreme Court of Georgia

Round-Table Held at the Supreme Court with the Participation of the Delegation of the Higher Regional Court of Drezden to Discuss the Topical Issues on the Corporative and Contract Laws

Published: 04/11/2016

On April  11 of 2016 with the support of the  German  Agency  for International Cooperation (GIZ) and participation of the delegation of the  Higher Regional Court of Drezden  a round-table discussion was held on the Topical issues of Corporative and Contract Law.       

The participants of the meeting were greeted by: Chairperson of the Supreme Court and High Council of Justice Ms. Nino Gvenetadze; Chairperson of the Chamber of  Civil Cases at the Supreme Court  -    Ms. Mzia Todua   President of the Higher Regional Court of Drezden  - Mr. Ulrich Hagenloch  and  Head of the group for approaching the South Caucasian legislation to the European standards at the German Agency of International Cooperation    (GIZ)  - Mr. Jens  Depp and program  coordinator of the same agency   -Mr. Thomas Mayer    

Ms. Nino Gvenetadze emphasized the significance of the traditional  cooperation with the German colleagues having started decades ago, for development of Georgian legislation  and  expressed her gratitude  towards the German  Agency  for International Cooperation   (GIZ) for support in organizing the similar format  meetings.   

During the meeting the participants delivered reports concerning  the Georgian and German legislations, as well, as the court practice on the topical issues of the corporative and contract laws:  legislative nature of the agreements made with the directors of  manufactures, responsibility of the manufacture partner – usage of the delictual norms and industrial law; Defense of the rights of  minority partners, during distribution of dividends ( when the  “  major” partner refuses to give away the dividends; The mechanisms of  defense of the minority  partner   in the closed companies; the extent to  which the public creditors have the right of demanding from the company director  accountability  for social obligations  with his/her property, when the society itself does not impose liabilities and does not prosecute the director for the ineffective management);  In case of avoidance of the Contract, the issue of  performance and restitution of benefits  according  to the article N352 of the Civil Code of Georgia, whether it gives the benefit or not and how that benefit is calculated and at avoidance of the Contract how that harm caused by performance/non-return is  compensated. After each report the participants within the discussion format had an opportunity of making clear their positions very actively.  

The participants assessed the meeting as successful and marked, that the active legal cooperation between Georgia and Germany through similar meeting formats will significantly promote effective development of Georgian legislation. 

Judges  of  General Court  - specialists of the Civil Law, representatives  of lawyers and invited guests attended the Round-Table discussion on the topical issues of  Corporative and Contract Law.