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  • Archive from category "Legal Issues for Individuals"
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EXCLUSION OR RESTRICTION OF A CHILD’S RIGHT TO COMMUNICATE WITH THE PARENT WITH WHOM THEY DO NOT RESIDE

Monday, 16 September 2024 by spiliopouloslaw
The Court may exclude or restrict the child’s right to communicate with the parent with whom they do not reside, if this serves the best interest of the child. According to Article 1520 of the Greek Civil Code, the parent with whom the child does not reside has the right and obligation to maintain, as
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  • Κατηγορα: Legal Issues for Individuals

LOSS OF PROFITS – CLAIM FOR AWARD OF LOST PROFITS CONSISTING OF LOSS OF REVENUE DUE TO INTERRUPTION OR REDUCTION OF PROFESSIONAL ACTIVITY – ELEMENTS OF A WELL-DEFINED CLAIM

Monday, 16 September 2024 by spiliopouloslaw
According to Article 298 of the Greek Civil Code, compensation includes the reduction of the creditor’s existing assets (positive damage), as well as lost profits. Lost profits are defined as the expected profit, based on the ordinary course of events or the special circumstances, particularly the preparatory measures that have been taken. Therefore, in order
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  • Κατηγορα: Legal Issues for Individuals

RENT ADJUSTMENT IN COMMERCIAL LEASES – CONDITIONS

Monday, 16 September 2024 by spiliopouloslaw
The reduction in consumer purchasing power, the general economic crisis, as well as the imposition of austerity measures and other fiscal and tax measures, do not constitute extraordinary and unforeseeable events justifying the adjustment of rent in commercial leases, according to Article 388 of the Civil Code. According to Article 388 of the Civil Code,
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  • Κατηγορα: Legal Issues for Individuals

BANK LIABILITY FOR TRANSFER OF FUNDS TO A THIRD PARTY’S ACCOUNT WITHOUT THE CONSENT OF THE ACCOUNT HOLDER

Monday, 26 August 2024 by spiliopouloslaw
The Court of Appeal of Athens, in its recent decision No. 4177/2022, attributed gross negligence to a bank which, through an employee, proceeded with a transfer of funds from the plaintiff’s account to the account of a third party, without taking all necessary identification measures at the time the transfer instruction was given. Specifically, according
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  • Κατηγορα: Legal Issues for Individuals

“Sale” of Seized Property with Judicial Authorization

Monday, 29 July 2024 by spiliopouloslaw
The seizure of a property is logically followed by its auction. However, in cases where a buyer has already been found for the said property, it is possible—by judicial permission—to bypass the auction procedure and transfer the property directly to the interested party. In principle, the disposal of seized property is prohibited by law. An
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  • Κατηγορα: Legal Issues for Individuals

WILL – LIABILITY OF HEIRS OF THE DECEASED TO THE TAX AUTHORITY

Monday, 29 July 2024 by spiliopouloslaw
Upon the death of a person, their estate, as a whole set of rights and obligations (i.e., both the assets and liabilities of the hereditary estate), is transferred to their heirs either by law or by will. According to the provision of Article 1885 of the Greek Civil Code, “The claims and debts of the
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  • Κατηγορα: Legal Issues for Individuals

RECOGNITION OF A CHILD BY THE FATHER – VOLUNTARY OR JUDICIAL

Monday, 29 July 2024 by spiliopouloslaw
When a child is born out of wedlock, the law provides the father the possibility to voluntarily recognize the child, while also granting the mother the right, under certain conditions, to request judicial recognition of the child’s paternity. According to the law, the father may recognize the child as his own provided that the mother
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  • Κατηγορα: Legal Issues for Individuals

REAL ESTATE AND CO-LEASEHOLDING

Monday, 29 July 2024 by spiliopouloslaw
Co-leaseholding exists when the leased property, movable or immovable, belongs to multiple persons as co-owners (joint ownership) according to Article 1113 of the Greek Civil Code, and they lease it to a third party. In cases of co-leaseholding, the lease agreement, concerning the regulation of the internal relations among the co-lessors, is governed by the
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  • Κατηγορα: Legal Issues for Individuals

TRAFFIC ACCIDENT – LIABILITY OF THE MUNICIPALITY FOR ACCIDENTS INVOLVING STRAY ANIMALS

Monday, 15 July 2024 by spiliopouloslaw
The law is extremely clear regarding the liability of an animal owner for causing any damage, including traffic accidents. Specifically, if the animal is a pet and has an owner, the owner is strictly liable for any damage caused, regardless of the degree of fault, except when the pet is intended for guarding the owner’s
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  • Κατηγορα: Legal Issues for Individuals

LEASES – COMMON EXPENSES – LIMITATION PERIOD FOR COMMON EXPENSE DEBTS

Monday, 15 July 2024 by spiliopouloslaw
Debts arising from unpaid common expenses are barred by limitation after five years, provided that no judicial claim or collection request has been filed. The limitation of common expenses is a legal matter and typically constitutes the loss of the right to enforce a debt after the expiration of a specific period. This means that
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  • Κατηγορα: Legal Issues for Individuals
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