Restitution Claims — the Civil Procedure Toolkit
When an economic offence or another wrongful act causes damage, what matters to the victim is not formal recognition of the right but actual restoration — getting the money or the property back. The Georgian Civil Procedure Code provides two instruments for that purpose: interim security of the claim, which protects the respondent's assets until the decision is enforced, and the damages suit that rests on a judgment already in legal force. This page explains both, on the basis of Articles 191, 198 and 309¹⁷. What is described here is the standalone civil court route; a civil claim embedded in a pending criminal case is governed by a different procedural regime that lies outside this page.
Security of the Claim — the Application and Its Grounds
Under the first part of Article 191, the plaintiff may apply to the court for security of the claim, indicating the circumstances under which the non-application of a security measure would impede 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 imposing damages on the respondent. The application must also contain substantiation of which security measure the plaintiff considers necessary. Where such a circumstance exists, the court issues a ruling on security of the claim. The norm itself makes an important point: the application of a security measure rests on the court's assumption that the claim may be satisfied, and that reasoning does not affect the court's final decision on the merits — security is not a premature resolution of the case.
Documentary Requirements and the Boundaries of Security Measures
If you request attachment of immovable property, the second part of Article 191 requires the application to be accompanied by a certificate from the public registry or a document confirming the respondent's ownership right. If the certificate or document is missing, or the state duty is unpaid, the court issues a ruling on the defect and grants you a deadline to cure it; if the defect remains uncured within that period, the application is left unexamined, which may be appealed by complaint. The same article lists assets to which security measures do not extend — among them the subject matter of financial collateral, the settlement account of a payment system participant, covered-bond collateral assets, a prize fund, separate accounts in the insurance sphere, and pension assets. A distinct regime applies to a bank in resolution: on the basis of the National Bank's request, security measures are not applied, and applied measures are suspended for the period specified in the request, which may not exceed 90 days; the judge issues the ruling within 1 day of the request.
The Catalogue of Security Measures
Article 198 provides that the question of which security measure should be applied is decided by the court in accordance with the plaintiff's application. The measures include: attachment of property, securities or funds belonging to the respondent; prohibition of the respondent's performance of specific actions; the respondent's obligation to transfer an item in its possession to the bailiff by way of sequestration — the forcible administration of property; a prohibition addressed to other persons to transfer property to the respondent or to perform any obligation towards it; suspension of the realisation of property where a claim for release from attachment has been brought; suspension of the operation of a disputed act of a state authority, municipal body, organisation or official; suspension of the enforcement of an enforcement document in specified categories of cases; and suspension of authority in a case brought demanding the deprivation of representative or managerial authority of a partner in a company with joint liability or a limited partnership. The court may also apply other measures if that is necessary for securing the claim, and where necessary several types of security may be applied simultaneously.
The Damages Suit Resting on a Judgment
The second instrument — Article 309¹⁷ — concerns the documents attached to a damages suit. Such a suit must be accompanied by a court judgment that has entered into legal force, the fact of the infliction of damage. If the act lacks a calculation of the damage, a document by an authorised person or body specifying the amount may also be attached. The practical significance of this norm is that the injured party is no longer obliged to prove the fact of damage afresh — the final act and, where needed, the quantum document suffice.
Frequently Asked Questions
Below we answer the questions most frequently raised in connection with restitution claims.
What must be indicated in a security application?
The circumstances under which the non-application of a measure would impede or render impossible the enforcement of the decision or cause irreparable damage, and the substantiation of which measure you consider necessary.
What accompanies an application for attachment of immovable property?
A public registry certificate or a document confirming the respondent's ownership; in its absence the court issues a defect ruling and grants a deadline for completion.
Can several measures be applied simultaneously?
Yes — where necessary, several types of security are permitted, and the court may apply measures beyond the catalogue if that is necessary for securing the claim.
What does the law require for the damages suit?
A judgment in legal force or an administrative act confirming the fact of damage; where no calculation is contained, a document determining the amount of the damage.
How We Help on Legal.ge
On Legal.ge you can contact an experienced civil-law lawyer who will assess your situation, help prepare the security application and the accompanying documents, select the appropriate measure, and properly file the damages suit. Fill in the request form on the site and get a qualified consultation on Legal.ge.