7765/2010

MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Sale. Evidence. Unacceptable evidence. Solemn declaration of the l.1599/1986 without date. Constitutes unacceptable evidence because its content reveals the conclusion that it was given for the needs of this trial, without respecting the law formalities, for the examination of witnesses before the audience or without audience.

17580/2013

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Third-party proceedings. Instituting third-party proceedings does not suspend the execution of the appealed judgment. The application for judiciary suspension of enforceability of the appealed judgment with the third-party proceedings cannot be submitted independently but only during the judgment of the third-party proceedings. The independently submitted application for enforceability suspension is rejected as inadmissible.

22807/2007

MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Contract per procura. Exceeding powers’ limits by the proxy. Abusive exercise of the right of powers. Admissible cumulation of action for tort nullification and compensation payment due to tort. Compensation obligation also for the third who transacts with the proxy-assignee, who abuses the relation that connects him with the principal, when he knows the facts that constitute exceeding of the powers’ order or abuse and that those were expedient to bring damage to the principal.

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.