The Origin of Marriage and the Registration Body
The legal origin of marriage in Georgia depends on a clear formal act: under Article 48 of the Civil Code, the registration of the marriage by the body for the registration of civil acts is mandatory for the origin of the marriage. This means that a ceremony, a religious rite or a family tradition does not by itself create a legal marriage — only state registration gives the relationship legal force and all the consequences flowing from it. The act of state registration is at the same time a basis of public confidence: others, including state bodies and financial institutions, learn of the existence of the marriage precisely from the record of the registration of civil acts. Refusing or delaying the registration is therefore not merely a formal but a practical problem.
The Place of Registration
The choice of place is free: under Article 49 of the Civil Code, the registration of the marriage is carried out according to the place chosen by the persons wishing to marry. A special rule applies to a person placed in a penitentiary institution: the registration of his marriage is carried out at a specially designated place within that institution. In this way the law does not let even imprisonment become a barrier to the right to marry. The freedom of choosing the place creates practical flexibility: the couple may select the place where registration is most convenient for their family or practical circumstances, and this decision is not restricted by the law.
The Conditions of Registration and the Marriage Age
For registration, the marriage age and the consent of the persons wishing to marry are necessary — these conditions are fixed in Article 50 of the Civil Code. On the age itself the law is unequivocal: under Article 51, marriage is allowed from the age of 18. The marriage of an adult person with limited legal capacity is allowed with the prior written consent of the custodian, and where consent is refused or cannot be obtained — on the basis of a decision of the court. The law thus protects the expression of will and the age criterion with particular care. Together these conditions ensure that the marriage rests both on full legal capacity and on free, informed consent. The age requirement protects the maturity of the parties, while the condition of consent excludes coercion or an unfounded decision; in the case of limited legal capacity an additional control operates through the custodian or the court.