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 the facts of a case constitute gross negligence is subject to the annulment of the Areios Pagos (Supreme Court).
Gross negligence does not comprise cases of willful misconduct. The latter is equal to deceit (either direct, indirect or necessary deceit). In cases of gross or simple negligence, the person at fault either does not foresee the upcoming result of his actions or he foresees it but acts in the hope that he will avoid it.
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