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Georgia Statutes, Title 44

Georgia/Statutes

← All Georgia coverage

Title 44

16 chapters · 1,114 sections in this title.

All chapters in Title 441,114 Ch 14, MORTGAGES, CONVEYANCES TO SECURE DEB…227 Ch 2, RECORDATION AND REGISTRATION OF DEED…158 Ch 12, RIGHTS IN PERSONALTY143 Ch 5, ACQUISITION AND LOSS OF PROPERTY123 Ch 3, REGULATION OF SPECIALIZED LAND TRANS…117 Ch 6, ESTATES77 Ch 7, LANDLORD AND TENANT68 Ch 13, EXEMPTIONS FROM LEVY AND SALE48 Ch 9, EASEMENTS43 Ch 4, DETERMINATION OF BOUNDARIES22 Ch 10, HISTORIC PRESERVATION20 Ch 11, EJECTMENT AND PROCEEDINGS AGAINST IN…19 Ch 1, GENERAL PROVISIONS17 Ch 16, UNIFORM ENVIRONMENTAL COVENANTS14

1,114 sections·Filtered byTitle 44✕

O.C.G.A. § 44-5-67 Breach of bond for title to land; measure of damages
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Upon the breach of a bond for title to land, the value of the premises at the time of the breach with interest thereon should be the measure of damages. However, if the vendee has bought up the outstanding title, only the actual damage sustained by him may be recovered. (Orig. Co…
O.C.G.A. § 44-5-100 Criteria for making valid gift causa mortis
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(a) To constitute a valid gift in contemplation of death, the following criteria must be met: (1) The object of the gift must be personal property; (2) The donor must be in his last illness or in peril of death; (3) The gift must be intended to be absolute only in the event of de…
O.C.G.A. § 44-5-80 Criteria for making valid inter vivos gift
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To constitute a valid inter vivos gift, the following criteria must be met: (1) The donor must intend to give the gift; (2) The donee must accept the gift; and (3) The gift must be delivered or some act which under law is accepted as a substitute for delivery must be done. (Orig.…
O.C.G.A. § 44-5-81 When acceptance presumed; acceptance for minors and corporations

Showing 351–400 of 1,114

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If a gift is of substantial benefit, the law will presume its acceptance unless the contrary is shown. A parent, guardian, or friend may accept a gift for a minor. The officers of a corporation may accept a gift for the corporation. (Orig. Code 1863, § 2615; Code 1868, § 2616; Co…

O.C.G.A. § 44-5-82 Delivery; constructive delivery

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Actual manual delivery is not essential to the validity of a gift. Any act which indicates a renunciation of dominion by the donor and the transfer of dominion to the donee shall constitute a constructive delivery. (Orig. Code 1863, § 2617; Code 1868, § 2618; Code 1873, § 2660; C…

O.C.G.A. § 44-5-83 Written gift

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A gift in writing, without good consideration and without delivery, is void. However, when, in order for a gift to be valid, a written conveyance for good consideration is required by law, or when in any case a written conveyance is made for a good consideration, the execution an…

O.C.G.A. § 44-5-84 Presumption of gift arising from delivery of personalty by parent to child living separate from parent

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The delivery of personal property by a parent into the exclusive possession of a child living separate from the parent creates a presumption of a gift to the child. This presumption may be rebutted by evidence of an actual contract of lending or by circumstances from which such a…

O.C.G.A. § 44-5-85 Rebuttable presumption of gift of lands belonging to parent but in possession of child for seven years

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The exclusive possession by a child of lands which originally belonged to the parent or parents, without payment of rent, for the space of seven years, creates a rebuttable presumption of a gift and conveys title to the child. The presumption may be rebutted by evidence of a loan…

O.C.G.A. § 44-5-86 Gifts by person subject to undue influence; avoidance

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A gift by a person who is just over the age of majority or who is particularly susceptible to be unduly influenced by his parent, guardian, trustee, attorney, or other person standing in a similar confidential relationship to one of such persons shall be closely scrutinized. Upon…

O.C.G.A. § 44-5-87 Implied trust on failure of specific purpose for which gift made

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If a gift is made for a specific purpose which is either expressed or is secretly understood and the purpose is illegal or from some other cause fails or cannot be accomplished, the donee shall hold the object of the gift as trustee for the donor or his next of kin. (Orig. Code 1…

O.C.G.A. § 44-5-88 Gifts void against creditors and bona fide purchasers

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(a) An insolvent person may not make a valid gift to the injury of his existing creditors. (b) When partial or complete possession of property remains with the donor, every parol gift thereof shall be void against bona fide creditors and bona fide purchasers without notice. (Orig…

O.C.G.A. § 44-5-89 Donation of blood by persons over 17 years of age

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Any person who is a resident of this state and who is 17 years of age or over may donate his blood to any person, firm, association, organization, public or private agency, or corporation without the consent of his parent or parents or guardian. Any person who is not a resident o…

O.C.G.A. § 44-5-110 Short title

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This article shall be known and may be cited as ‘‘The Georgia Transfers to Minors Act.’’ (Code 1981, § 44-5-110, enacted by Ga. L. 1990, p. 667, § 1.)

O.C.G.A. § 44-5-111 Definitions

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As used in this article, the term: (1) ‘‘Adult’’ means an individual who has attained the age of 21 years. (2) ‘‘Benefit plan’’ means an employer’s plan for the benefit of an employee or partner or an individual retirement account. (3) ‘‘Broker’’ means a person lawfully engaged i…

O.C.G.A. § 44-5-112 Applicability of article

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(a) This article applies to a transfer that refers to ‘‘The Georgia Transfers to Minors Act’’ in the designation under subsection (a) of Code Section 44-5-119 by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of…

O.C.G.A. § 44-5-113 Nomination of custodian

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(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor recipient upon the occurrence of the event by naming the custodian, followed in substance…

O.C.G.A. § 44-5-114 Irrevocable gift or exercise of power of appointment made under Code Section 44-5-119

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A person may make a transfer by irrevocable gift to, or by the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Code Section 44-5-119. (Code 1981, § 44-5-114, enacted by Ga. L. 1990, p. 667, § 1.)

O.C.G.A. § 44-5-115 Irrevocable transfer by personal representative or trustee to custodian for minor’s benefit

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(a) A personal representative or trustee may make an irrevocable transfer pursuant to Code Section 44-5-119 to a custodian for the benefit of a minor as authorized in the governing will or trust. (b) If the testator or settlor has nominated a custodian under Code Section 44-5-113…

O.C.G.A. § 44-5-117 Transfers by other persons to custodian

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(a) Subject to subsections (b) and (c) of this Code section, a person not subject to Code Section 44-5-115 or 44-5-116 who holds property of or owes a liquidated debt to a minor may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Code Section …

O.C.G.A. § 44-5-118 Effect of custodian’s written acknowledgment of delivery

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A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this article. (Code 1981, § 44-5-118, enacted by Ga. L. 1990, p. 667, § 1.)

O.C.G.A. § 44-5-119 Creation and transfer of custodial property

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(a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: (A) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance b…

O.C.G.A. § 44-5-120 Single custodianship

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A transfer may be made only for one minor, and only one person may be custodian. All custodial property held under the authority of this article by the same custodian for the benefit of the same minor constitutes a single custodianship. (Code 1981, § 44-5-120, enacted by Ga. L. 1…

O.C.G.A. § 44-5-121 Validity of transfer

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(a) The validity of a transfer made in a manner prescribed in this article is not affected by: (1) Failure of the transferor to comply with subsection (c) of Code Section 44-5-119 concerning possession and control; (2) Designation of an ineligible custodian, except designation of…

O.C.G.A. § 44-5-122 Powers and duties of custodian; name in which registered securities to be held; commingling with personal assets

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(a) A custodian shall: (1) Take control of custodial property; (2) Register or record title to custodial property if appropriate; and (3) Collect, hold, manage, invest, and reinvest custodial property. (b) In dealing with custodial property, a custodian shall invest and reinvest …

O.C.G.A. § 44-5-123 Custodian’s rights, powers, and authority over custodial property; liability for breach of Code Section 44-5-122

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(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only. (b) This Code section does no…

O.C.G.A. § 44-5-124 Custodial discretion in transfers of custodial property for support, maintenance, education, and general use and benefit of minor

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(a) A custodian may deliver or pay to the minor or expend for or apply to the minor’s benefit so much or the whole of the custodial property as the custodian considers advisable for the support, maintenance, education, and general use and benefit of the minor in such manner, at s…

O.C.G.A. § 44-5-125 Compensation; expenses of custodian; bond

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(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (b) Except for one who is a transferor under Code Section 44-5-114, a custodian has a noncumulative election during each calendar ye…

O.C.G.A. § 44-5-126 Liability of third person for dealings with person purporting to act in capacity of custodian

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A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining: (1) The va…

O.C.G.A. § 44-5-127 Assertion of claim arising out of custodial relationship

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(a) A claim based on: (1) A contract entered into by a custodian acting in a custodial capacity; (2) An obligation arising from the ownership or control of custodial property; or (3) A tort committed during the custodianship may be asserted against the custodial property by proce…

O.C.G.A. § 44-5-128 Appointment of successor custodian

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(a) A person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian may decline to serve by delivering a valid disclaimer under Code Section 53-2-115 to the person who made the nomination or to the transferor or the transferor’s legal represe…

O.C.G.A. § 44-5-129 Accounting by custodian; petition for accounting

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(a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court: (1) For an accounting by the custodian or the custodia…

O.C.G.A. § 44-5-130 Transfer of custodial property by custodian to minor or minor’s estate

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The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earliest of: (1) The minor’s attainment of 21 years of age with respect to custodial property transferred under Code Section 44-5-114 or 44-5-115; (2) The m…

O.C.G.A. § 44-5-131 Applicability to transfers made after July 1, 1990

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This article applies to a transfer within the scope of Code Section 44-5-112 made after July 1, 1990, if: (1) The transfer purports to have been made under former Article 5 of this chapter, known as ‘‘The Georgia Gifts to Minors Act’’; or (2) The instrument by which the transfer …

O.C.G.A. § 44-5-132 Applicability to transfers made prior to July 1, 1990

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(a) Any transfer of custodial property as now defined in this article made before July 1, 1990, is validated notwithstanding that there was no specific authority in former Article 5 of this chapter, known as ‘‘The Georgia Gifts to Minors Act,’’ for the coverage of custodial prope…

O.C.G.A. § 44-5-133 Uniform applicability of article

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This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. (Code 1981, § 44-5-133, enacted by Ga. L. 1990, p. 667, § 1.)

O.C.G.A. § 44-5-134 Exceptions to article

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The former Article 5 of this chapter, known as ‘‘The Georgia Gifts to Minors Act,’’ is repealed. To the extent that this new article, by virtue of subsection (b) of Code Section 44-5-132, does not apply to transfers made in a manner prescribed in ‘‘The Georgia Gifts to Minors Act…

O.C.G.A. § 44-5-140 Short title

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This article shall be known and may be cited as the ‘‘Georgia Revised Uniform Anatomical Gift Act.’’ (Code 1981, § 44-5-140, enacted by Ga. L. 2008, p. 503, § 1/SB 405.)

O.C.G.A. § 44-5-141 Definitions

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As used in this article, the term: (1) ‘‘Adult’’ means an individual who is at least 18 years of age. (2) ‘‘Agent’’ means an individual: (A) Authorized to make health care decisions on the principal’s behalf by an advance directive for health care or a durable power of attorney f…

O.C.G.A. § 44-5-142 Anatomical gifts during life of donor

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Subject to Code Section 44-5-146, an anatomical gift of a donor’s body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Code Section 44-5-143 by: (1) The donor, if the donor is an adult …

O.C.G.A. § 44-5-143 Method to make an anatomical gift

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(a) A donor may make an anatomical gift: (1) By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor’s driver’s license or identification card; (2) In a will; (3) During a terminal illness or injury of the donor, by …

O.C.G.A. § 44-5-144 Amending, or revoking an anatomical gift

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(a) Subject to Code Section 44-5-146, a donor or other person authorized to make an anatomical gift under Code Section 44-5-142 may amend or revoke an anatomical gift by: (1) A record signed by: (A) The donor; (B) The other person; or (C) Subject to subsection (b) of this Code se…

O.C.G.A. § 44-5-145 Refusal to make an anatomical gift

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(a) An individual may refuse to make an anatomical gift of the individual’s body or part by: (1) A record signed by: (A) The individual; or (B) Subject to subsection (b) of this Code section, another individual acting at the direction of the individual if the individual is physic…

O.C.G.A. § 44-5-146 Role and authority of people other than donor

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(a) Except as otherwise provided in subsection (g) of this Code section and subject to subsection (f ) of this Code section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gi…

O.C.G.A. § 44-5-147 Classes of persons available to make donations; priority

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(a) Subject to subsections (b) and (c) of this Code section and unless barred by Code Section 44-5-145 or 44-5-146, an anatomical gift of a decedent’s body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following class…

O.C.G.A. § 44-5-148 Signed writing or oral communication required for gift of document

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(a) A person authorized to make an anatomical gift under Code Section 44-5-147 may make an anatomical gift by a document of gift signed by the person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduced to a record…

O.C.G.A. § 44-5-149 Recipients of anatomical gifts of procurement organizations

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(a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) Subject to subs…

O.C.G.A. § 44-5-150 Search and notification for information identifying donor status

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(a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement offic…

O.C.G.A. § 44-5-151 Delivery of document

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(a) A document of gift need not be delivered during the donor’s lifetime to be effective. (b) Upon or after an individual’s death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copyi…

O.C.G.A. § 44-5-152 Rights and duties of procurement organizations

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(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the in…

O.C.G.A. § 44-5-153 Coordination of procurement and use

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Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (Code 1981, § 44-5-153, enacted by Ga. L. 2008, p. 503, § 1/SB 405.)