2129/2008 

MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Divorce action due to irretrievable breakdown. The action’s request is to declare the dissolution of the marriage, attributed exclusively to the defendant’s fault. The notion of fault in the new form of irretrievable breakdown in the legitimate marital relationship, upon the modification of the Family Law with the l.1329/1983, does not constitute element of the notion of the marital relationship’s irretrievable breakdown, but it is clearly also liable for the consequences, since this is included and mentioned in the sentence “due to reason concerning the defendant or both husband and wife”.

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.