A human rights protector organization the “Young Barristers” successfully won another case in Supreme Court of Georgia.

The court of cassation affirmed the decision of Tbilisi Court of Appeals dated on July 17^th 2013 and left complaint of the claimant undiscussed. Subject of the dispute was 10 100 Euros; However, the court accepted proof, according to which a request of N.J concerning demanding back transfers transacted in different periods, infringes legislation based on the principles of justice. Correspondingly, the court shared provision of Article 976 (2) of Civil Code, according to which “A request of receiving back is excluded, if performance corresponds with moral duties”.

On December 12^th 2012 claimant N.J. filed a lawsuit in Tbilisi City Court in order to impose payment charges on the defendant. The defendant N.J. did not acknowledge the lawsuit and remarked, that a loan agreement had never taken place. Otherwise, N.J. would not have received monetary funds from Italy. The court of first instance imposed the defendant to pay 10 100 Euros. The court did not share definition of the defendant, that 10 100 Euros were handed to the defendant as a loan. In addition, the Court did not share explanation of the defendant, according to which 10 100 Euros represented an allowance amount.  The court defined it as a case of unjust enrichment. In precise, the claimant delivered 10 100 Euros to the defendant without any judicial reasons, therefore, the defendant was obliged to reimburse.

The “Young Barristers” started the performance at the stage of Appelate court. The Appelate Court defined, that N.J. was informed about the amount of money transferred by N.J. from Italy through a phone call prior to shipment. Therefore, the court shared provision of Article 976 (2) of Civil Code, according to which “A request of receiving back is excluded, if performance corresponds with moral duties”.

Representing the “Young Barristers”, the co-founder and chief-exeutive of the organization Archil Kaikasishvili defended the case in Appelate and Supreme courts. In 2014, the organization has already won 2 cases in the Supreme Court of Georgia.