Compelling Contract Performance — the Court Route
When a counterparty fails to perform its contractual obligations, compulsion in Georgia runs through the courts and enforcement proceedings. The Civil Procedure Code regulates this route clearly: what a statement of claim must contain, in which cases the judge refuses to accept it, how a claim is secured for the future enforcement of the decision, and when forced enforcement becomes admissible. This page explains these stages on the basis of the Code's relevant provisions — every detail comes directly from the text of the law.
In practical terms the process resolves into four steps: drafting the claim correctly, passing the acceptance stage, securing the claim where needed, and finally enforcing the decision that has entered into force. Each stage carries formal requirements whose neglect can cost time and money.
Contents of the Statement of Claim
The statement of claim must indicate: the name of the court; the names, surnames (denominations), principal addresses, alternative addresses, workplaces, telephone numbers and e-mail addresses of the plaintiff, the representative, the defendant, witnesses and other persons to be summoned — for legal persons, individual entrepreneurs and representatives these details are mandatory; the subject of the dispute; the price of the claim; the specific facts and circumstances on which the plaintiff relies; the evidence confirming them; the plaintiff's demand and its legal grounds; any motions — for instance, that the court order the defendant to produce evidence in the defendant's possession, that institutions be instructed to submit documents unreasonably refused to the plaintiff, that witnesses be summoned timely, or that third parties be joined; the list of attached documents; the plaintiff's position on consideration without an oral hearing and on court mediation.
The claim must be accompanied by a document confirming the representative's authority, the original of proof of payment of the state fee, and all evidence referred to in the claim; where submission with the claim is impossible for a valid reason, this must be indicated in the claim itself, and a reasonable period may be requested. As many copies of the claim and attached documents must be submitted to the court as there are defendants, and the claim is signed by the plaintiff or an authorized representative. The claim may also cite the norms of the Convention for the Protection of Human Rights and Fundamental Freedoms and precedents of the European Court of Human Rights.
Refusal to Accept the Claim — the 5-Day Check
The judge will not accept the claim within 5 days of its filing if the claim does not fall within the jurisdiction of the courts, or if there exists a court decision or ruling on the refusal of the same plaintiff's claim, the defendant's recognition of the claim, or the approval of a settlement between the parties, or an act of settlement confirmed by notarial procedure within notarial mediation. Jurisdictional defects and the existence of the same dispute are thus formal barriers, and checking them in advance significantly reduces the risk of refusal.
Securing the Claim — Application and Measures
The plaintiff may apply to the court for securing of the claim, indicating the circumstances under which the failure to apply a securing measure would complicate or render impossible the enforcement of the decision or the exercise of the violated or disputed right, or would cause irreparable and direct damage, or damage that cannot be compensated by awarding damages against the defendant. The application must also contain justification of which measure the plaintiff considers necessary. Where a lien on immovable property is requested, the application must be accompanied by a certificate from the public registry or a document confirming the defendant's ownership; if the application is defective or the fee unpaid, the court grants a period to cure, and failure leaves the application unexamined by ruling.
The court chooses the measure in accordance with the plaintiff's application. The Code lists among the measures: imposition of a lien on property, securities or monetary funds belonging to the defendant; prohibiting the defendant from performing certain actions; and obliging the defendant to transfer an item in its possession to the bailiff in the form of sequestration. Securing rests on the court's supposition that the claim may be satisfied, and this reasoning does not affect the court's final decision.
Forced Enforcement of the Decision
Forced enforcement of a decision is admissible only after it has entered into legal force. This short but decisive norm means that compulsion against the defendant — inventory and sale of property, court-substituted performance of the contractual act and the like — becomes possible only once the decision has taken legal effect. The securing mechanism exists precisely to protect the plaintiff's interests during that waiting period.
Frequently Asked Questions
What must a claim for contract performance contain?
The subject of the dispute, the price of the claim, the facts, the evidence, the demand with its legal grounds, full details of the parties, the list of attachments and proof of payment of the state fee.
Within what time may the judge refuse the claim?
Within 5 days of filing — for example, for lack of jurisdiction or because a decision or settlement act already exists in the same dispute.
What is securing of a claim?
Court protection against the defendant's assets — a lien, a prohibition of actions, sequestration — where the absence of the measure would complicate enforcement of the future decision or cause irreparable damage.
When is forced enforcement admissible?
Only after the decision has entered into legal force; until then the application of any measure of compulsion against the defendant is inadmissible.
Is mediation available in these disputes?
Yes — the claim itself states the plaintiff's position on court mediation, and an act of settlement confirmed by notarial procedure is likewise recognized by law.
How We Help on Legal.ge
The Legal.ge team conducts contract disputes through all stages of court proceedings: drafting claims in full compliance with the Code, preparing security applications with justified measures, and enforcing decisions that have entered into force. Contact us — we will assess your dispute and chart the optimal path of compulsion.