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  • Archive from category "Legal Issues for Individuals"
  • Page 7

Bank’s Obligation to Compensate a Private Individual – Withdrawal of Funds by a Third Party Without Proper Authorization

Tuesday, 24 October 2023 by spiliopouloslaw
Financial institutions are obliged to exercise due diligence in their transactions with private individuals. If a sum of money is paid out to a third party who fails to present valid legal authorization to the bank for the purpose of withdrawal, the bank is required to compensate the rightful beneficiary of the funds. The Supreme
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  • Κατηγορα: Legal Issues for Individuals

TRAFFIC ACCIDENT – DEATH OF DRIVER – BENEFICIARIES OF COMPENSATION FOR MENTAL ANGUISH

Monday, 25 September 2023 by spiliopouloslaw
In the event of a traffic accident resulting in the death of a driver, the family of the deceased is entitled to claim compensation. In the event of a person’s death in a traffic accident, monetary compensation may be awarded to the victim’s family for mental anguish. The court may award monetary compensation and determine
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  • Κατηγορα: Legal Issues for Individuals

REAL ESTATE – LEGAL DEFECTS OF REAL ESTATE

Wednesday, 06 September 2023 by spiliopouloslaw
From the provisions of Articles 513, 514, 515(a), 516, 518, 535, 543, 550 of the Civil Code, in conjunction with the provisions of Articles 337, 362, 380, 382 of the Civil Code, it follows that the seller is obliged to transfer to the buyer the ownership of the property without legal defects and with the
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  • Κατηγορα: Legal Issues for Individuals

CAR ACCIDENTS – PUBLIC LIABILITY FOR COMPENSATION DUE TO FAILURE TO REMOVE ADVERTISING SIGN

Tuesday, 18 July 2023 by spiliopouloslaw
According to Article 105 of the Code of Civil Procedure, for illegal acts or omissions of public authorities in the exercise of the public power entrusted to them, the State is liable for compensation, unless the act or omission was in violation of a provision that exists for the sake of the general interest. The
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  • Κατηγορα: Legal Issues for Individuals

REAL ESTATE – USUFRUCT AND THE POSSIBILITY OF TRANSFERRING IT

Monday, 17 July 2023 by spiliopouloslaw
Usufruct is a limited real right over another person’s property, which grants the beneficiary the power to use and enjoy that property, while preserving its integrity. It follows from the definition that, since usufruct consists of the full use and enjoyment of another’s property, the ownership of that property is stripped away and is now
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  • Κατηγορα: Legal Issues for Individuals

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
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