Counterclaim - Procedural Mechanism for Defense Against a Suit

Authors

  • Nikoloz Meladze Grigol Robakidze University

DOI:

https://doi.org/10.52340/zssulaw.2023.01.07

Keywords:

counterclaim, suit

Abstract

In line with Article 31 of the Constitution of Georgia, every individual is entitled to seek judicial intervention for the safeguarding of their rights and freedoms, to address violations of civil rights, or to forestall potential infringements. Georgia is in the process of aligning its laws with European standards, an endeavor that reveals certain legal gaps necessitating timely rectification. It is essential for an individual's right to legal recourse to be fully upheld by the courts, not only in the act of petitioning the court but also through the issuance of equitable and well-founded judgments.

Author Biography

Nikoloz Meladze, Grigol Robakidze University

Barrister, PhD Student

References

Constitution of Georgia article 31.

Tskitishvili, M., Lawsuit in Civil Process p 1.

Kopaleishvili, M., Skhirtladze, N., Kardava, E., & Turava, P. (2008). Manual of Administrative Procedural Law, pp. 36-37.

Civil Procedure Code of Georgia article 188, part 1.

Arkhoshashvili, L. Legal Remedies for Defense Against Lawsuits, pp. 166-167.

Arkhoshashvili, L. Legal Remedies for Defense Against Lawsuits, pp. 167-169.

Civil Procedure Code of Georgia article 189.

The Decision of the Supreme Court of Georgia No. 1410-1425-2011.

Liluashvili, T., & Khrustali, V. (2004). Commentary on the Civil Procedure Code of Georgia, p. 326.

Ibid, pp. 324-325.

Arkhoshashvili, Ll. Prosecutorial Remedies for Defense Against Lawsuits, pp. 166-169.

Civil Procedure Code of Georgia article 215, part 3.

Tskitishvili, M., Lawsuit in Civil Process pp 134-135.

Natchkebia, A., Definitions of Civil Legal Norms in the Practice of the Supreme Court of Georgia, Case No. as-1003-1304-07, February 13, 2008.

Civil Procedure Code of Georgia article 245, part 2.

Civil Procedure Code of Georgia article 190.

Civil Procedure Code of Georgia article 379.

Liluashvili, T. (2005). Civil Procedural Law, pp. 469-472.

Decision of the Supreme Court of Georgia No. 293-550-08.

Published

2025-02-02

Issue

Section

Articles