Acquiring a school in Georgian law is first of all a property transaction — and its legal frame is written in the Civil Code's rules on sale. At the same time, the purchase of an education business carries one significant caveat: buying the assets does not mean acquiring the educational status — the authorization. This page explains how the sale contract operates in a school acquisition, what obligations the parties bear, how rights are transferred, and what must be considered on the status question.
The core of the sale contract
Under the Civil Code, by a sale contract the seller must transfer to the buyer ownership of property, the documents connected with it, and deliver the goods. The buyer must pay the seller the agreed price and accept the property purchased. In a school acquisition this norm defines the essence of the deal: buildings, equipment, inventory and documentation together form the property complex that passes under the contract. If the price is not directly indicated, the parties may agree on the means of determining it — though in practice a clear fixation of the price is always the better course.
The obligations of buyer and seller
Both sides of the norm operate: the seller's duty is the transfer of ownership together with the documents and the delivery of the goods; the buyer's — payment of the price and acceptance of the property. In the school context "documents" means a broad package: operational documentation, contracts, inventory descriptions — everything connected with the property. The correct allocation of the parties' obligations in the contract determines at which moment risk passes and who answers for which defect.
The sale of rights and defect-free transfer
A school acquisition often includes a package of rights — for example, claims arising from contracts. The Code regulates this case with a separate norm: the rules governing the sale of things apply correspondingly to the sale of a right or other property. Where a right is sold, the seller bears the burden of substantiating the authenticity of that right and the costs of its transfer. And where the right sold enables the possession of a thing, the seller must hand over to the buyer a thing that is materially and legally defect-free — meaning that transferring an asset burdened by third-party rights or disputed is a breach of the contract.