Which are the sources of the Greek Contract Law?

Greece has a statutory legal system. Therefore the main sources of Greek Contract Law are: (a) The Greek Civil Code (Art. 127-946), (b) Law Nr. 2251/1994, regarding several aspects of business to consumer contracts and (c) other Laws on specific contract types, e.g. Law 1652/1986 on Time-Sharing, Law 1665/1986 on Financial Leasing, Presidential Decree 34/1995 on Commercial Lease etc. Furthermore Greek Contract Law has been affected by the EU effort for the unification of Contract Law. Although a common Code of European Contract Law is not due for decades to come, many European directives have significantly influenced Greek Contract Law (e.g. Directive 1999/44/EC on Consumer Sales, Directive 93/13/EEC on Unfair Terms in Consumer Contracts etc).

I. GENERAL (513 et seq. greek civil code-hereinafter CC)

What are the basic rights and obligations created for the seller and buyer with the conclusion of the contract of sale?

The contract of sale is promissory and bilateral, resulting merely in the creation of rights and obligations under the law of obligations. In particular, the seller undertakes the obligations to transfer the property on the goods (without defects and with the agreed quality) and deliver them to the buyer, while the buyer undertakes the obligation to pay the agreed purchase price to the seller. It itself effects no alteration on the parties’ rights in rem, meaning that the object of sale remains in the seller’s property even after the conclusion of the contract. Thus, it can be confiscated by the seller’s creditors and, in case the seller is declared insolvent, it constitutes part of his insolvency property. Furthermore, the sale of goods belonging to a third party is legally binding and creates obligations for the seller regarding possible restitution of damages.

What is the scope of unjust enrichment in the Greek Law?

Unjust enrichment denotes any benefits received or acquired by someone from another person or at his cost on nil or void legal grounds. The law for unjust enrichment is codified in a special chapter of the Greek Civil Code (GRCC) extended from article 904 to article 913 GRCC. The fundamental provisions are contained in Article 904 GRCC which provides the claim to recover from the defendant the benefit or its value. The basic idea behind these rules lies in that someone takes back what he gave although he was not due to or what he lost due to interference. The law for unjust enrichment basically provides a restitutionary claim. Restitution includes here also the reimbursement of the loss suffered provided that the loss of the claimant reflects an equivalent benefit on the side of the defendant. If someone destroys a thing there is only loss for the owner but no benefit for the destroyer. The defendant owes compensation for wrongdoing in this case; there is no unjust enrichment claim. In terms of Greek law as well as in terms of continental law unjust does not necessarily indicates unfair enrichment. It rather means enrichment neither based on a contract nor on the law.The Greek term“αδικαιολόγητος πλουτισμός”(=adikaiologitos ploutismos) should more precisely be translated as unjustified enrichment in the sense that the law does not support or even it deprecates the benefit acquired by someone. Neither the acquisition nor the keeping of the benefit is legitimated. The defendant shall give it back or pay for its value. In some exceptional cases the law allows someone to keep an unjustified benefit acquired at cost of another person and in return to compensate the other. The provisions in articles 1057 to 1063 GRCC is a standard example for this. If someone e.g. as lessee decides on his own to renovate and to bring the owner’s building up to modern technology, the brand new fixtures become part of the ownership of the building¹. If someone builds a house on someone else’s property the house is automatically and compulsorily transferred to the owner of the property in compliance with Roman law principle“superficies solo cedit”.The lessee in the first example and the constructor in the second example are entitled to claim compensation from the owner for the benefits he acquired.

A relative/friend passed away. How do I know if Greece is involved?

According to the Greek Civil Code the nationality of the deceased determines the law which governs the estate. If the deceased had multiple nationalities, then Greek nationality takes precedence. If the deceased did not have Greek nationality, then the laws of the nationality which the deceased had stronger relations with, take precedence. In case of no nationality, then laws of the habitual residence of the deceased and finally the law of his residence are applicable.

When is a marriage which took place abroad considered legal in Greece?

When the following positive conditions apply: different sex, agreement of the (future) husband and wife, legal marriage age, legal capacity, and the following adverse conditions: the simultaneous existence of marriage, related by blood, relationship by affinity, adoption. A wedding which took place abroad between people, one of whom is of Greek nationality is considered valid if the marriage was solemnized according to the law of the country the wedding took place in, unless another valid marriage had proceeded.

Which are the main sources of compensation for personal injury?

Greek law on damages for personal injury or death is primarily based on the Greek Civil Code’s (GCC) provisions on contractual liability (GCC articles 330, 334, 335, 336 and 382) and for tortuous liability / wrongful acts (GCC articles 914-938). In principle a civil claim for compensation can be brought against any person who by an act or omission has caused personal injury or death to a third person. Any such claimant can apply before Civil Courts¹ for recovery of all damages sustained, including pecuniary and non-pecuniary losses. In case the wrongful act, omission or behavior that resulted to personal injury or death simultaneously constitutes a“criminal act”pursuant to the Greek Penal Code or other specific criminal laws, and criminal charges are brought against the responsible person, the injured person or the family of the deceased are entitled to intervene in the criminal proceedings as“civil claimants” in support of the criminal charge, and at the same time apply for the award of compensation from the Criminal Court. Any such compensation awarded is in most cases nominal and is deduced from the compensation awarded in any civil proceedings. Public Social Security Organizations and Funds² cover medical and hospitalization costs (usually in full or sometimes a part thereof), and provide for sickness wages, disability pension, loss of maintenance pensions, and funeral expenses.