The abstract of the judgment (The judgment is available only in Georgian). Abstracts published by the Constitutional Court of Georgia summarise the facts of the case and key legal considerations of the judgment.

Abstract

On 21 July, 2017, the Constitutional Court did not uphold the constitutional complaint (registration №656) of the JSC “Silk Road Bank” v. the Parliament of Georgia.

The complainant challenged the rule, which determines the six-month statute of limitations for giving the notice to the heirs of a person by his or her creditors, in case of his or her decease. This term starts running from the moment the creditor learns about the opening of estate (person’s death). The complainant indicated, that the creditor may know about the fact of opening of the estate, but may not be informed about the identity of the heir, to who the notice must be submitted. Therefore the creditor may not be able to submit the notice within the time prescribed by law and lose the right to demand performance.

The Constitutional Court took into account the interpretation of the Supreme Court of Georgia with regard to the disputed provision and ruled, that the 6-month limitation period applies only in case, if the creditor learns within this period the identity of the heir, to who notice should be given. Otherwise, reasonable time for giving the notice applies. In view of the above-mentioned, the Constitutional Court decided that the disputed rule does not contradict Article 21 of the Constitution of Georgia.