12045/2005

MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Conditional action at law not allowed. It is necessary to always have a main base for the action so that it won’t be rejected as inadmissible. Essential requirement for the creation of a spouse’s claim to participate in the acquisitions of the other spouse, is the existence of marriage between the spouses.The claim to participate in the acquisitions may be projected also against the deceased spouse’s heirs but not vice versa, unless a respective action was contractually recognized or served.

12069/2013
MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI 

Preparation of oral loan contract with General Partnership. Condition in the articles of association: that the company will be committed and assume validly obligations, when both partners sign under the corporate name. Between General Partnership and General Partnereship partners, there is mandatory class action, while between the General Partnership partners in the same trial, there is no mandatory class action, there is simple class action. The written or oral confession by the litigant party constitutes integrated evidence against the person who confessed. The judicial confession by one of the simple joint defendants is not binding for the other joint defendants. The Court estimates freely the confession to all the mandatory joint defendants.

121/2010

COURT OF APPEAL OF THESSALONIKI

(Civil Procedure Inspection 2010/844) Political Procedure. International Jurisdiction. Regulation 44/2001. Definition of the jurisdiction of Greek courts on tort obligations. Definition of the place of tort execution through internet (see Remarks Ε. Vasilakaki, Civil Procedure Inspection 2010/848).

12279/2009
SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Infringement of personality. Interim measures. Temporary settlement of the situation. The court is entitled to order, as interim measure, any appropriate measure, at its discretion, that is required by the circumstances and aims at the assurance or maintenance of the right or the settlement of the situation, under the condition of compliance with the latter provision of the article 692, par.4 of the Civil Code Procedure, which defines that the interim measures should not consist in the satisfaction of the right, whose assurance or maintenance is requested.

16154/2009

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Cars. Prescription. According to the provision of the article 7 of the Law 1911, two-year prescription starts, in view of the article 241 CC, not the same day but the following day of the accident. Drunk driving. The principle of liberty of contracts (CC 361) concludes to the ability of the parts to proceed to civil liability insurance contract for car accidents in order to agree on cases of the agent’s release, when exist conditions agreed by the parties, one of which is the condition foreseen by the paragraph 8 of the article 25 of the Decision Κ4/585/1978, when the damage occurs when the car’s driver has consumed alcohol or drugs. The agent may at first, provided the law requirements are met, file recourse versus the holder and owner who is different person than the drunk driver, provided the as above persons are charged with liability for this infringement. This happens when the car’s owner grants the car’s driving to a person he already knows that will not be capable for safe driving after having consumed alcohol.

1627/2007 

COURT OF APPEAL OF THESSALONIKI

Divided property. Joint parts of the entire real estate. On divided property, the holder becomes ex officio co-owner ab indiviso, at respective portion, on the joint parts of the entire real estate and is entitled to make absolute use of them, proceed to their repair and maintenance, provided the rights of the other co-owners are not harmed, their destination remains unalterable, the building’s safety is not reduced by the usage and there is no risk for the building’s static capacity. Construction of unauthorized building in a building’s open space.

164/2010

COURT OF APPEAL OF THESSALONIKI

(Civil Procedure Inspection 2010/709) Civil Procedure. Declaration of enforceability of German Court’s judgment. This was issued on action for damages due to tort. Procedure of service, according to the Regulation 1348/2000. The attempt to serve the action, according to the Regulation, was unsuccessful. Service as whereabouts unknown. (See Notes A.Anthimos, Civil Procedure Inspection 2010/713).

16538/2009 

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Replacement of general partnership’s liquidator. Great reason for the liquidator’s replacement. It occurs even when there is no field of understanding and collaboration between the company’s statutory liquidators, due to disrupted relations between them and, as a result, intense disputes and quarrels, aiming at the extremely hindered continuation of the liquidation procedure, works and integration.

16547/2009 

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Replacement of general partnership’s liquidator. Great reason for the liquidator’s replacement. It occurs even when there is no field of understanding and collaboration between the company’s statutory liquidators, due to disrupted relations between them and, as a result, intense disputes and quarrels, aiming at the extremely hindered continuation of the liquidation procedure, works and integration.

16892/2010

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Encroachment of allotment plot. Action for recovery of property. Rural legislation, article 79, par.2 of the Rural Code. Real estate granted as lot to individual entitled for rural rehabilitation was not susceptible to possession and usucapio by other person, who could not acquire its ownership via ordinary or extraordinary usucapio, nor oppose against the claimant of lot or his heirs the objection by the article 249 CC for 20-year prescription of the action for recovery of property. Emergency law 431/1968. The sale or any disposal with legal acts of all lots is allowed to the allottees, according to the allotment law, with the only restriction the non-partition of the parts of final distribution, which comes also into effect at every future transfer.

17274/2003

MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Prescription during lis. Payment order by bill of exchange. Acquires the force of res judicata and, thus, the short-term prescription turns into twenty-year one (article 268 CC) only upon its notification for second time to the debtor and the lapse of deadline by par.2, article 633 or the final rejection of this opposition. Interruption of prescription through recognition of the debt on behalf of the debtor. It should result by the debtor and address to the lender and take place after the starting of the prescription time and before its completion.

17580/2013

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Third-party proceedings. Instituting third-party proceedings does not suspend the execution of the appealed judgment. The application for judiciary suspension of enforceability of the appealed judgment with the third-party proceedings cannot be submitted independently but only during the judgment of the third-party proceedings. The independently submitted application for enforceability suspension is rejected as inadmissible.

19540/2008 

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Common certificate of succession. Blood and half-blood siblings of the testator. The half-blood siblings of the testator have no legal right on the inheritance (article 1825 CC), therefore the testator is not engaged to dispose his inheritance through testament, according to his will.

21722/2011
MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Article 249 Civil Code Procedure. If the diagnosis of the dispute depends entirely or partially on the existence or non-existence of a legitimate relation or the invalidity or disruption of a legal act that constitutes object of another trial of suspending issue before civil or administrative court or issue that is going to be judged or is under judgment by administrative authority, the court may ex officio or upon application of a litigant, order for postponement of discussion up to the irrevocable or final integration of the other trial or up to the issue of uncontestable judgment by administrative authority. Action for donation disruption as defrauding. Suspended actions dealing with the loan attribution. The object of those trials is the existence of claims, in virtue of which the plaintiff persecutes via judicial action the donation disruption as defrauding. Orders the suspension of judgment of the judicial action.

22807/2007

MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Contract per procura. Exceeding powers’ limits by the proxy. Abusive exercise of the right of powers. Admissible cumulation of action for tort nullification and compensation payment due to tort. Compensation obligation also for the third who transacts with the proxy-assignee, who abuses the relation that connects him with the principal, when he knows the facts that constitute exceeding of the powers’ order or abuse and that those were expedient to bring damage to the principal.

2426/1997 

COURT OF APPEAL OF THESSALONIKI

ΑΡΜ/1998 (448) Trader quality. Members of S.A Board of Directors or Ltd administrators. As representatives of those companies, they are not traders. Shareholders. Acquisition of trade quality in case of possessing the greatest part of shares or corporate dividends respectively. Personal detention against S.A or Ltd representatives cannot be applied.

24664/2011
SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Preparation of oral loan contract with General Partnership. Condition in the articles of association: that the company will be committed and assume validly obligations, when both partners sign under the corporate name. Between General Partnership and General Partnership partners, there is mandatory class action, while between the General Partnership partners in the same trial, there is no mandatory class action, there is simple class action. Approval of action. In case of more joint defendants, the approval of action is judged independently for each joint defendant, that is, objectively both in simple and mandatory class action. (76 par. 2), with the exception as for the latter case, when the claim for disposal of the recognized right belongs jointly to all the mandatory joint defendants and when it is a mandatory joint legitimization, therefore the declaration of approval should result by all the joint defendants.

25478/2013

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Tort. Conditions for compensation obligation. Chargeable event for compensation obligation is also the fraudulent conduct against the injured. Due interests upon the defendant’s delayed payment are executed on the exercise of compensation claim, based on tort. It should be subject to the type defined by the law for the main contract, otherwise it is void. Unjustified enrichment. The down payment in execution of preliminary agreement on real estate purchase for which no notary document was prepared, constitutes enrichment of the seller without legal base resulted by the purchaser’s property. Regarding the interests, the liability of the cash benefit’s receiver is defined by the general provisions of the articles 345, 346 and 910, while the provision of the article 911 par.2 is not applicable.

265/1997

COURT OF APPEAL OF THESSALONIKI

ΑΡΜ/1997 (373) Securities. Bank cheque. Payment order based on cheque: constitutes enforceable title. Objections by claims from payment order may be suggested only via opposition or action for declaratory judgment, depending on the case, but not via objection in a trial of personal detention pronouncement due to request from payment order.

272/2009

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI (INTERIM MEASURES)

Restitutio in integrum, according to the article 730, par.2 of the Civil Procedure Code. Indispensable requirement for the application of this provision is the irrevocable ascertainment of non-existence of substantial right. Application of the father for restitution of the paid alimonies for minor child, due to final assignment of the minor’s custody to him. Non-legal application, since the decision of the custody assignment did not reveal the non-existence of the minor’s custody right during the time of the mother’s custody, therefore the requirement for irrevocable ascertainment of non-existence of substantial right is not met for the time period in issue.