17274/2003

MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Prescription during lis. Payment order by bill of exchange. Acquires the force of res judicata and, thus, the short-term prescription turns into twenty-year one (article 268 CC) only upon its notification for second time to the debtor and the lapse of deadline by par.2, article 633 or the final rejection of this opposition. Interruption of prescription through recognition of the debt on behalf of the debtor. It should result by the debtor and address to the lender and take place after the starting of the prescription time and before its completion.

1627/2007 

COURT OF APPEAL OF THESSALONIKI

Divided property. Joint parts of the entire real estate. On divided property, the holder becomes ex officio co-owner ab indiviso, at respective portion, on the joint parts of the entire real estate and is entitled to make absolute use of them, proceed to their repair and maintenance, provided the rights of the other co-owners are not harmed, their destination remains unalterable, the building’s safety is not reduced by the usage and there is no risk for the building’s static capacity. Construction of unauthorized building in a building’s open space.

164/2010

COURT OF APPEAL OF THESSALONIKI

(Civil Procedure Inspection 2010/709) Civil Procedure. Declaration of enforceability of German Court’s judgment. This was issued on action for damages due to tort. Procedure of service, according to the Regulation 1348/2000. The attempt to serve the action, according to the Regulation, was unsuccessful. Service as whereabouts unknown. (See Notes A.Anthimos, Civil Procedure Inspection 2010/713).

272/2009

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI (INTERIM MEASURES)

Restitutio in integrum, according to the article 730, par.2 of the Civil Procedure Code. Indispensable requirement for the application of this provision is the irrevocable ascertainment of non-existence of substantial right. Application of the father for restitution of the paid alimonies for minor child, due to final assignment of the minor’s custody to him. Non-legal application, since the decision of the custody assignment did not reveal the non-existence of the minor’s custody right during the time of the mother’s custody, therefore the requirement for irrevocable ascertainment of non-existence of substantial right is not met for the time period in issue.