Copyright 2023 Iason Skouzos TaxLaw.
All Rights Reserved.

Back to top

Civil Law

The operation of trust under Greek law

Since Article 1923(1) of the Hellenic Civil Code states that the testator may oblige the heir to surrender the inheritance acquired or a percentage thereof to another (the beneficiary under trust) after a specific event or a specific point in time. As is clear from this provision, in addition to making a person his direct heir who immediately acquires the inheritance after his death, the testator can also designate an indirect general successor, the beneficiary under trust, who is heir subject to a deadline/condition precedent, which is met after the death of the testator, which corresponds to a deadline/condition subsequent...

Continue reading

The rules of intestate succession under Greek law

Where there is an inheritance under Greek law without a will (intestate succession) there are six ranks which are used to determine who is called upon to inherit the estate first, second, third, fourth, fifth and sixth, so that they can either accept or relinquish the inheritance. If the first rank is called, the ranks below will be disqualified. In other words, if the heirs of the first class are called upon to inherit, the heirs in second, third, fourth, and other ranks are excluded. If the heirs of one rank decline or forfeit their inheritance in any manner, the...

Continue reading

Legal guardianship under Greek law

Legal guardianship is regulated by Articles 1666 to 1694 of the Hellenic Civil Code and is defined as responsible handling of issues of legal importance for an adult who has such manner of disease (mental or intellectual disorder or physical disability) that de facto he is unable to handle his own affairs. It must be ordered by a court (and therefore no person can be placed in legal guardianship on the basis of the private will/intention of another) which alone can determine its form and extent. The Single-Member Court of First Instance at the assisted person’s normal place of residence...

Continue reading

Executor of will : who can this person be, and what are his powers?

Article 2017 of the Hellenic Civil Code states that an executor for the will is only to be appointed by the testator and only if there is a will. Appointment is made exclusively by the testator of the estate and cannot be dependent on the opinion of a third party (such as an heir). The appointment of the executor of the will cannot be done by means of an inter vivos deed entered into by the testator but only by the will and consequently in that regard it follows the terms and conditions under which a will is valid. Article 2018...

Continue reading

Conditions under Greek law for the validity of a will which has been made abroad

In the case of a will which was prepared in a country other than Greece, what needs to be clarified is the applicable law under which the validity of the will is ascertained. According to Article 11 of the Hellenic Civil Code, a legal transaction is formally valid in procedural terms if it is in accordance with either the law governing its content or the law of the place where it is entered into or the national law of all the parties. An example of such a transaction is a will. Under the provisions of Article 28 of the Hellenic Civil...

Continue reading

Rules governing the publication of wills under Greek law

From the moment the testator passes away, there is a need to obtain probate for any will he may have left behind. This is a public policy requirement and the reasons which require probate for the testator’s last will relate to the security of transactions and the fate of individual assets. Grant of probate for the will is in the public interest and for that reason any provision of the will which precludes the granting of probate is null and void. Articles 1769, 1774 and 1775 of the Hellenic Civil Code establish a public law obligation for the holder of a...

Continue reading

Will formalities and enforceability of foreign wills under Greek law  

The Hellenic Civil Code recognizes both ordinary types of wills and extraordinary types of wills relating to special cases. The most common types of wills are holograph wills (Article 1721 of the Hellenic Civil Code), public wills (Article 1724 of the Hellenic Civil Code) and mystic wills (Article 1738 of the Hellenic Civil Code). The holograph will (Article 1721 of the Hellenic Civil Code) is the simplest way of expressing the last statement of the testator’s intentions since it is prepared by the testator himself without the presence of witnesses. In order to be valid, it must (a) be written (and...

Continue reading

Marriage procedures for foreign nationals in Greece

Regarding marriage within the Greek territory, between foreign nationals,  who do not have the Greek nationality and they don’t reside in Greece, the needed documents are described in the document no 71160 issued on 22th October 2020 by the Ministry of Interior – Directorate General home Affairs, as follows: Marriage license issued from the country of residence Birth certificate Both documents should be translated and validated (with Apostille Stamp or Consular Stamp, depending on the country of origin) A residence permit or VISA/legal short term stay, whose validity period has not expired (not required for E.U. citizens) A valid passport or...

Continue reading

Gross negligence under Greek law

Gross negligence in Greek law is not explicitly defined in the Civil Code. It is derived from the combined application of articles 330, 332 and 334 of the Civil code. In the lack of an express definition and specific criteria for it, gross negligence is deemed to exist when the deviation from the behavior of an ordinary person is important, unusual and especially great, indicating a total disregard of the acting person for the illegal consequences incurred by his act to a third party by. Gross negligence is an abstract legal notion, and hence a court’s ruling as to whether...

Continue reading

Negligence under Greek Civil law

Simple negligence, in contract or tort, defines the liability of a person whose actions or omissions gave rise to damage, when he did not show the necessary degree of care required in transactions, as a reasonable man would show in the course of his professional activity. Gross negligence is when the deviation from the expected behavior of the average reasonable man is important, unusual and especially grave, and indicates a complete lack of interest of the person at fault for the unlawful consequences that his actions or omissions will incur to third parties. The definition of gross negligence is legally vague, it...

Continue reading
error: Content is protected !!