Evolution of legal capacity in Georgian and Roman law for natural persons

Abstract

This article traces the historical development of the legal capacity of natural persons within the contexts of ancient Roman law and modern Georgian legislation. It begins by examining the gendered distinctions that once characterized the determination of legal age and capacity in both Roman and old Georgian civil laws. Highlighting the progress made, the article notes that contemporary domestic and international legislation no longer employ such gender-based differentiations. The current civil legislation in Georgia is outlined, emphasizing the differentiation of rights based on age and health status. This includes a detailed discussion of the legal capacity of minors, the incapacitated, and individuals with limited legal capacity, as well as the implications for property relations and legal transactions. The article also discusses the significant legal reforms enacted in Georgia from April 2015, transitioning from a medical model to a social model of legal capacity. This reform allows for greater autonomy and legal engagement for persons with disabilities, including the ability to marry, inherit property, and participate in legal proceedings. The support recipients' legal liabilities and their expanded rights are examined, illustrating the alignment of Georgian civil legislation with international human rights standards, particularly the Convention on the Rights of Persons with Disabilities. This analysis reveals the dynamic evolution of legal capacity from ancient to contemporary times, shedding light on the nuanced interplay between health status, legal capability, and societal inclusion. The article concludes that Georgian civil law has not only embraced international norms but also significantly advanced the legal agency of individuals with disabilities.