PREJUDICATION IN THE CIVIL PROCEDURE LAW (FOR THE HERMENEUTICS OF THE ARTICLE 106 OF THE CIVIL PROCEDURE CODE OF GEORGIA)

Abstract

This paper centers on the principles of prejudication and competition, as well as the inconsistency between pre-determined factual knowledge and a judge's personal intuition. The article analyzes idea of legal prejudication in the comparative view, especially in the light of German, Estonian and Austrian civil procedural law, and case of the European Court of Human Rights. It focuses on the Article 106 of Civil Procedure Code of Georgia, its content, elements, and implementation in the Georgian case law.