STATUTE OF LIMITATIONS, CONTRA LEGEM INTERPRETATION AND ONE INTERESTING DECISION FROM THE GEORGIAN CIVIL CASE LAW

Abstract

“Contra Legem"” is a Latin legal term and it is a different, oppositional interpretation of the norms established by the legislation in the country. In other words, this term is used in a specific legal context to discuss court decisions that appear to contradict or
defy the laws governing a particular legal controversy. The obligation to interpret the law Contra Legem, of course, due to its content, is not recognized by the legislation of any country (including Georgia), it can only be considered as an element of
judge-made law, as courts are allowed to reach such decisions under certain circumstances, insofar as a judge has the right to use
this form of explanation at his or her discretion if necessary. The national legal space “Contra Legem” is not really pampered
by explanations, moreover, Georgian judge-made law practically is not developed in this direction. One can only find distorted and nonstandard explanations of the content of particular law norm in separate court decisions. The following is an analysis of just one
such decision.