11 Feb 2021

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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...

18 Jan 2021

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Negligence under Greek Civil law

Posted by Έλενα Μπατάλα

in Civil Law, Special topics

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...

30 Mar 2020

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Liability for transfer of a Group of assets (Article 479 CC)

Posted by Έλενα Μπατάλα

in Civil Law, Special topics

According to Article 479 of the Civil Code, “Where assets or an undertaking have been transferred by contract, the transferee shall be liable to the creditor up to the value of the elements transferred for the debts of the assets or the undertaking. The transferor’s liability is not extinguished. Any agreement between the parties which damages the lenders is void against them”. It may be deduced from applying mutatis mutandis Article 25, second sub-paragraph, of the Civil Code and Article 4(4) of Regulation (EC) No 593/2008 of the European Parliament and the Council, of 17 June2008, on the law applicable to...

30 Mar 2020

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Abuse of the corporate form – Piercing/lifting of the corporate veil

Posted by Έλενα Μπατάλα

in Civil Law, Special topics

According to established case-law, piercing / lifting of the corporate veil is justified where: i. the legal person is used as an interposed person, ii. there exists a dominant shareholder who prevails in a manner such as that the company does not operate as a legal person, and iii. the institution is being abused, i.e. insisting on the principle of separation would lead to results unacceptable by the law, and the dominant shareholder uses the legal person either to circumvent the law or to intentionally cause damage to third parties or to avoid complying with its obligations towards third parties. Under Greek law, the...

17 Oct 2019

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Acquisition & Revocation of Greek citizenship – Q&As

Posted by Έλενα Μπατάλα

in Civil Law, Special topics

- Is it enough for someone to prove 24,000 euros per year alone? Or should have a formal job? Someone must prove at least 24,000 income for one person per year (e.g. bank accounts, etc). This income should not come from a job (this type of residence permit is for people who are financially independent persons = they have income without working). - Is it possible for someone to study in the EU with this residency? It is possible to study in Greece? If the sponsor (the person who has the income and gets the FIP residence permit), also has a child less...

02 Jul 2019

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The applicable law to cross-border successions under Regulation (EU) 650/2012

Posted by Έλενα Μπατάλα

in Civil Law, Special topics

Regulation (EU) 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, was entered into force on the 17th of August 2015....

08 Feb 2019

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Regulation (EU) 1215/2012

Posted by Niki Plyta

in Civil Law, Special topics

The Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters entered into force on 10 January 2015. Scope The Regulation (EU) 1215/2012 applies to international disputes, i.e. disputes in the field of private law, which, because of the fact that they are connected with several jurisdictions present -when brought before the courts of a state- an international element in this regard. The regulation does not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts...

26 Nov 2018

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European Account Preservation Order (EAPO) – Regulation (EU) 655/2014

Posted by Niki Plyta

in Civil Law, Special topics

Regulation (EU) 655/2014 establishes a European account preservation order (EAPO) procedure, providing creditors with the opportunity to secure (“freeze”) bank accounts throughout the European Union on the basis of a single application. The Regulation also provides for the possibility to obtain information regarding a debtor’s bank account....

01 Dec 2017

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Issues that emerge from the judicial assistance of a person incapable of legal acts

Posted by Niki Plyta

in Civil Law, Special topics

The legal provisions in the Civil Code-hereinafter called for brevity 'AK' – regarding the judicial guardianship (Articles 1666 up to 1688 AK) do not make a specific reference to the actions that the judicial assistant may attempt, either alone, without the involvement of any other or with the consent of the supervisory council, or upon Court authorization ...

08 Apr 2015

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The electronic signature in Greek law

Posted by Niki Plyta

in Civil Law, Special topics

By virtue of Presidential Decree 150/2001, Directive 99/93/EC of the European Parliament and of the Council on a Community framework for electronic signatures was incorporated in the Greek law. Pursuant to such framework, an electronic signature, namely data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication is regarded as legally equivalent to hand-written signatures both in substantive law and in civil procedure law only if the essential and formal requirements laid down below are fulfilled. Essential requirements to be met so that the electronic signature is regarded as...

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