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.

7456/2008 
SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Bills of exchange. Opposition against payment order. The obligation for pre-evidencing presentation of the original title, which is liability of the lender-respondent in the opposition, and the violation of which leads to immediate acceptance of the opposition as founded, exists only when the petitioner states allegations referring to the title’s defects, proved by the content or related to the quality of the opposing party, as legal bearer of the title, since in any other case, the possession is not doubted. Invalidity of payment order because bills of exchange do not mention the place of issue and there is no notice of such details next to the issuer’s name.

HELLENIC NATIONAL CADASTRE – COMMISSION OF OBJECTIONS

JUDGMENT: ΚΤ16-ΘΕΣ-2/ΚΤ160028/24

National Cadastre. Commission of Objections. Claim of ownership of fungible property by the State’s Land Service. For most plots within the limits of the fungible property, Title deeds were issued by the Land Service of the Ministry of Agriculture and Care. Transmission to the licensors of the current beneficiaries with legally transcribed titles of ownership. The objection by the State’s Land Service is rejected.

HELLENIC NATIONAL CADASTRE – COMMISSION OF OBJECTIONS

JUDGMENT:140046/6/9/156

National Cadastre. Commission of Objections. Old seashore of Thessaloniki. Public property BK168. The old seashore and old side release their former public feature and penetrate into the private property of the State. The land possession acquired its final form upon acts of settlement, deliberation and redistribution of building plots, with the suggested compensations of third persons, self-compensations or definition of final compensation values by the First Instance Court of Thessaloniki. Greek State compensation for parts belonging in the old seashore. Payment of compensation for the ratification resulting to the real variation of the full ownership right. Set beneficiaries. Acquisition, possession and occupancy in good faith by the affected private individuals, who support their right to successive legal transcribed titles. Violation of the principle of proper administration. Recognition of ownership against the Greek State with irrevocable Court judgments. Accepts partially the objection by the Greek State.