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  • Page 3

CONDITIONS FOR CLASSIFYING A TRAFFIC ACCIDENT AS AN ACCIDENT AT WORK

Monday, 03 July 2023 by spiliopouloslaw
According to the established case law of the Greek courts, an accident at work is considered to be any violent event that caused death or disability, which hinders work and which occurred during the performance of work or because of it, and which is directly or indirectly related to it in terms of cause and
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  • Κατηγορα: Legal Issues for Individuals

COMPENSATION IN THE FORM OF LOST PROFITS IN A TRAFFIC ACCIDENT

Monday, 15 May 2023 by spiliopouloslaw
From the combination of provisions 928 and 298 of the Civil Code, it follows that a person who has suffered bodily injury or damage to their health as a result of a traffic accident is entitled to claim future consequential damages (=lost profits), since, due to their inability or reduced ability to work as a result of bodily injury or damage to their health, they lose the income from their work, which, had they been fully able, they would normally have earned in the future.
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  • Κατηγορα: Legal Issues for Individuals

AUCTION – APPEAL AND CORRECTION OF THE INITIAL BID PRICE

Monday, 15 May 2023 by spiliopouloslaw
It is particularly common for banks to rush auctions at prices well below the value of the property. In such cases, the debtor may file an appeal to correct the auction price (which is essentially a request for correction of the seizure report). This appeal seeks, in particular, to correct the description of the seized property and, consequently, its estimated value and, consequently, the initial bid price, which may be increased or decreased based on the debtor's claims, evidence, and relevant request. By filing this objection, the debtor manages to raise the price at which the property is auctioned and, on the one hand (if the auction ultimately takes place) to pay off a larger portion of their debts and, on the other hand, makes it more difficult to find a buyer through auction, with the result that very often the auction does not take place, and the debtor gains a significant amount of time, during which the property will remain in his ownership and use.                                                                        According to decision no. 2000/13.02.2023 of the Single-Member Court of First Instance of Thessaloniki, the certified appraiser (company), whose appraisal was taken into account by the court clerk, underestimated the central location of the property on key road axes and at points of connection with the public transport network, which provides direct access to both the city center and the surrounding municipalities, as well as to the city's exit, and its proximity to schools and all kinds of public and private services necessary to serve its tenants, such as bank branches, public utilities, and shops, as well as the excellent internal condition of the apartment, given that no internal inspection of the apartment was carried out. Under these circumstances, in view of the location, size, age, quality, construction, and overall characteristics of the seized apartment and its amenities, which make it attractive, taking into account the fact that it is located in a privileged area, where there has been a significant increase in the value of residential properties over the last two years, with supply falling short of demand, it is likely that its commercial value amounts to €186,000.00 and not €146,506.00.Therefore, there is reason to correct the contested report of compulsory seizure with regard to the value of the above-mentioned auctioned apartment and its initial bid price, which should be set at €186,000.00. The above decision prevents yet another E.D.A.D.P. (Loan and Credit Management Company) from presenting yet another property as an "opportunity" to directly serve its interests. After all, it is particularly common for lenders to rush to auction properties at prices well below their value. In fact, it is striking that the property had already been listed on a popular real estate search website/platform, with only a description of the rooms and the area and, of course, only photos of the exterior, and was characterized as "a great choice for families and workers." In other words, the property was promoted as a case where the quality and price were not in line with each other and there was a discrepancy between them, so that it could be sold immediately and for less than its real value. Consequently, this diminishes both the physical and financial identity of the property and, of course, harms the debtor because their debts are not reduced.
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  • Κατηγορα: Legal Issues for Individuals

LEASE – DEATH OF THE LESSOR – SUCCESSION OF HEIRS IN THE LEASE RELATIONSHIP

Monday, 15 May 2023 by spiliopouloslaw
From the provisions of Articles 574, 612(1) and 1710 of the Civil Code, it follows that the lease agreement is hereditary and, consequently, in the event of the lessor's death, his heirs, whether by will or intestate, enter into the lease agreement as soon as they accept the inheritance (Civil Code 1846, 1847, 1850, 1940), without the need for prior registration of the declaration of acceptance, since this is an acquisition of a contractual relationship and not of ownership. In the above case and in the case of an action for rent due, the statement of claim must necessarily contain all the information referred to in Articles 118 and 119 of the Code of Civil Procedure. Furthermore, in addition to the above, the lawsuit must contain, in accordance with Articles 216 and 591(1) of the Code of Civil Procedure: a clear statement of the facts on which the lawsuit is based in accordance with the law and which justify its bringing by the plaintiff against the defendant. Thus, it is necessary to state the conditions which, according to the law, give rise to the right in dispute (historical basis of the action), the legal standing of the parties, as well as the legal interest of the plaintiff,a precise description of the subject matter of the dispute, and a specific claim. The absence or insufficient or unclear reference to any of the elements renders the action vague and constitutes a lack of preliminary proceedings, which is examined ex officio because it relates to public order. This vagueness cannot be remedied either by the pleadings or by the assessment of the evidence.
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  • Κατηγορα: Legal Issues for Individuals

VOLUNTARY JURISDICTION – UNSEALING OF PROPERTY

Monday, 24 April 2023 by spiliopouloslaw
Unsealing of property is the procedure that must be followed in the event that a property (house, apartment) has been sealed by the police due to the death of the person residing therein. In order for the property to be unsealed, it must first have been sealed, which, as mentioned above, is ordered in the event of the death of the occupant, following a decision by the Chief of Police or the Magistrate's Court. The sealing is done by placing tape and a seal on the door and a relevant report is drawn up. The keys are kept at the Secretariat of the Magistrates' Court. The unsealing is ordered only by decision of the competent Magistrate's Court, which adjudicates in accordance with the procedure of voluntary jurisdiction. The person with a legal interest must file an application (document) with the Magistrate's Court, a copy of which must be served on the police authority that imposed the sealing and on the notary who carried out the sealing of the property. The request is for the property to be unsealed. Potentially, the applicant may request an inventory of the items found, e.g., in the event of acceptance with the benefit of inventory. At the hearing, all necessary supporting documents are submitted (depending on the applicant's legal interest) and witnesses may also be examined. The decision also appoints the notary who will carry out the unsealing, who sets the date and time when it will take place. It also calls on the parties to attend. During the unsealing, the notary public is obliged to check that the seals are intact. If he finds that they have been tampered with, he shall suspend all further action and report this to the Justice of the Peace. A report containing the information required by law shall be drawn up for the unsealing and any inventory. Any dispute arising during the unsealing or inventory is temporarily resolved by the notary conducting the proceedings and a relevant note is made in the report drawn up. However, anyone with a legal interest may request the Justice of the Peace to revoke the notary's decision and restore the previous situation.
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  • Κατηγορα: Legal Issues for Individuals

CAR ACCIDENT – INSURANCE COMPANY’S LIABILITY FOR COMPENSATION IN THE EVENT OF A TRAILER DETACHING FROM THE TOW TRUCK

Monday, 20 March 2023 by spiliopouloslaw
There are various types of traffic accidents that occur on a daily basis: One such case is when a trailer disconnects from the tow truck and collides with a third vehicle. The key issue in this case concerns both the existence and the extent of the liability of the insurance company with which the tractor unit is insured, and specifically whether this liability also includes damage caused by the trailer. In principle, the law explicitly includes trailers in the category of motor vehicles to which Law 489/76 "On Compulsory Insurance for Motor Vehicle Civil Liability in the Event of Accidents," stipulating that "Any trailer vehicle coupled to the main motor vehicle or not, as well as a bicycle equipped with an auxiliary engine, is also considered a motor vehicle." In fact, according to case law, a trailer is considered a motor vehicle even if it has been disconnected from the main towing vehicle. In a related case that arose, a trailer detached from the tractor unit and entered the opposite lane, where it collided with a passing vehicle, which veered off course and crashed into an adjacent construction site. The collision caused material damage to the vehicle and injured its driver. From the above facts, it can easily be concluded that the driver of the tow truck was at fault for not adequately checking his vehicle to ensure that the trailer was securely attached, a fault that was also accepted by the Court. The crucial question, however, concerned the insurance company's liability for compensation, given that the insured vehicle was the tractor and not the trailer, which caused the damage. According to the defendant insurance company, there was no question of liability, precisely because the cover it provided extended only to the towing vehicle. However, this argument was rejected by the Court on the grounds that, even if there was a relevant clause in the insurance contract that excluded the specific case from insurance coverage, the plaintiff's claim in this case stemmed directly from the law and could not be excluded even by a contrary agreement.
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  • Κατηγορα: Legal Issues for Individuals

TRAFFIC ACCIDENT – COMPENSATION IN THE EVENT OF INJURY OR DEATH IN A RAILWAY ACCIDENT.

Thursday, 02 March 2023 by spiliopouloslaw
Community legislation has established a strict set of rules of law, with the aim of fully protecting the rights of passengers in the event of a railway accident. The need for full harmonization of the legislation of all Member States led the European institutions, and specifically the European Parliament and the Council of the European Union, to adopt a Regulation, i.e. a binding legislative act with mandatory, horizontal, and direct application to all Member States of the Union.
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  • Κατηγορα: Legal Issues for Individuals

TRAFFIC ACCIDENT – CONVICTION OF ROAD OFFICIAL FOR ACCIDENT CAUSED BY WATER ACCUMULATION ON THE ROAD SURFACE

Tuesday, 14 February 2023 by spiliopouloslaw
A landmark decision was made by the Single-Member Misdemeanor Court of Amaliada, sentencing a former Head of the Technical Works Department to six months imprisonment following a lawsuit filed against him by a driver who was seriously injured in a traffic accident in 2017 on the Patras–Pyrgos highway, near Kapelto. The accident occurred near Kapelto when, for unknown reasons, the driver’s car veered off the road, likely due to the slippery road surface caused by recent rain, and crashed into a power pole, causing the vehicle to overturn. According to the Court's decision, the Head of the Technical Works Department was sentenced to six months imprisonment because “being obligated by his position to exercise particular care and attention, he acted negligently, that is, he lacked the necessary attention required under the circumstances and failed to perform the required actions, thereby failing to prevent bodily harm to others. Although he had a specific legal duty to prevent this outcome, particularly at the above location on the National Road, despite the existence of a rainwater drainage system, the responsible department did not carry out the proper cleaning. As a result, water accumulated at the roadside, and combined with heavy rainfall, it had no outlet, causing water to pool on the road surface, effectively creating a ‘lake.’ Consequently, this led to the traffic accident.” The Department Head noted that he had informed the elected officials of the Region about the road condition and requested immediate tendering of maintenance work. He also emphasized that maintenance on the National Road Network is exclusively done through contracts awarded by the Region to accredited contractors via competitive bidding, as his department lacks personnel, machinery, and technical expertise. However, at the time, no maintenance contracts were active. This is essentially the first conviction of its kind, which may pave the way for other citizens to follow a similar legal route.
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  • Κατηγορα: Legal Issues for Individuals

PROPERTY RENTAL AND PETS

Tuesday, 17 January 2023 by spiliopouloslaw
he keeping of pets cannot be prohibited by apartment building regulations, provided that the conditions of Article 8 of Law 4039/2021 on the keeping of pets in residences are met. According to Law 4039/2012 "on domestic and stray pets and the protection of animals from exploitation or use for profit" and in particular Article 1, a pet is defined as: "any non-wild animal that is kept or intended to be kept by humans, mainly in their home, for reasons of animal welfare or companionship, and is under the direct supervision and care of its owner, keeper, companion, or guardian."
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  • Κατηγορα: Legal Issues for Individuals

REAL ESTATE AND SALE OF REAL ESTATE SUBJECT TO A RESOLUTIVE CONDITION

Tuesday, 17 January 2023 by spiliopouloslaw
A sale subject to a resolutive condition is a sale whose results may be reversed by the occurrence of a future and uncertain event. According to the provisions of Article 202 of the Civil Code "if the legal act is contingent upon the reversal of its results by a future and uncertain event (resolutory condition), as soon as this event occurs, the legal act ceases to have effect and the previous situation is automatically restored."
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  • Κατηγορα: Legal Issues for Individuals
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