16154/2009 SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

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.

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