25478/2013 SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

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.

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