4595/2014 SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

4595/2014

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Lins pendens. The submission of payment order issue request, as non leading to lins pendens, does not hinder the filing of ordinary action for the same financial claim. On the contrary, lins pendens by the filing of ordinary action renders inadmissible the jurisdiction of the payment order issue request and the order that may have been issued constitutes invalid title and is cancelled via opposition.

28280/2008 MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

28280/2008
MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

The Multimember Court of First Instance of Thessaloniki judges the application for interim measures only during the discussion of the main case. If the application for interim measures is brought to discussion to the Multimember Court before the discussion of the suspending main case, its discussion is declared as inadmissible, aiming at its co-judgment with the main case. Inadmissible discussion of the application under judgment.

12069/2013 MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

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.

24664/2011 SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

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.

135/2013 SINGLE MEMBER COURT OF FIRST INSTANCE OF EDESSA

135/2013 

SINGLE MEMBER COURT OF FIRST INSTANCE OF EDESSA

Evading alimony obligation. Temporary jurisdiction of alimony with decision given in summary proceedings. The omission to bring main action within thirty days since the publication of the decision given on summary proceedings leads to ipso jure cease of validity of the latter both for past and future, therefore, it is invalidly expedited based on this enforcement of judgment.

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