Family Law - Divorce

  • 12045/2005 MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

    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.

  • 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.

  • 2129/2008 MULTIMEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

    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”.

  • 272/2009 SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI (INTERIM MEASURES)

    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.

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