F. Carpi/C. Rasia/C. Apalagaki..., Provisional measures in Italian and Greek Procedural Law, 2016

Series Editors’ ForewOrd

TABLE OF CONTENTS

Introductory remarks (by Emer. Prof. Dr. Federico Carpi).

Provisional measures. A comparative approach through the scope of the Greek regulation (by Prof. Dr. Georgios Diamantopoulos).

Ι. Introduction.

ΙI. Historical overview of interim relief in Greece and its development.

ΙII. Constitutional armour of provisional measures.

ΙV. Comparative overview of interim relief.

Provisional remedies in Italian law system (by Prof. Dr. Carlo Rasia).

A. Introduction.

B. General characteristics of provisional remedies.

C. Conditions for the granting of provisional remedies.

D. Common rules for all provisional remedies.

E. Types of provisional remedies.

F. Concluding remarks.

General principles and preconditions for the granting of provisional remedies in Greek law (by Prof. Dr. Kalliopi Makridou)

I. The function and purpose of provisional remedies in civil trials.

II. Preconditions for the granting of provisional remedies.

A. Demonstration of the probable existence of a substantive right.

B. Existence of an urgent situation and imminent danger.

III. International jurisdiction of the courts concerning the granting of provisional remedies

A. International jurisdiction according to Greek procedural law.

B. International jurisdiction according to European regulations.

B1. Article 35 (EC) 1215/2012.

B2. Article 14 (EC) 4/2009.

B3. Article 20 (EC) 2201/2003.

IV. General principles in provisional remedies proceedings.

A. Ordering of the most appropriate provisional remedy.

B. Prohibition of the satisfaction of the substantive right.

C. Prohibition of the violation of rights of third parties.

V. Provisional orders.

A. The nature and function of a provisional order.

B. Procedural issues.

VI. Overturning a decision to grant a provisional remedy: revocation and modification

A. The temporary validity of provisional remedies.

Β. Means of overturning a decision to grant a provisional remedy.

B1. Ipso jure termination of a decision to grant a provisional remedy.

Β2. Revocation of a decision to grant a provisional remedy.

1. Failure to summon parties lawfully and within the prescribed time in an action for provisional remedies

2. Change in circumstances.

3. Revocation or modification of a provisional remedy by the court adjudicating over the main action

4. Mandatory revocation.

Interim measures in Italian family proceedings (by Prof. Dr. Michele Angelo Lupoi)

1. Introduction.

2. Some features of matrimonial proceedings in Italy.

3. The Presidential phase in matrimonial proceedings.

4. The President’s urgent measures: nature and effects.

5. Appeal against the President’s urgent measures.

6. Characteristics of the reclamo to the Court of appeal.

7. The single judge’s power to review the President’s urgent measures.

8. Coordination between reclamo and review by the single judge.

9. Are the single judge’s interim measures subject to any appeal?.

10. Interim sanctions under art. 709-ter c.p.c.

11. Protective orders.

12. Conclusions.

Provisional measures in family matters. A survey of the Greek law (by Prof. Dr. Dimitris Maniotis)

I. Introduction.

II. Special procedural rules ordering provisional measures for certain family matters (arts.728, 735 C.C. Proc)

III. A brief reference of the “rest cases”.

IV. The jurisdiction of the ordinary civil courts on family matters as a non-contentious jurisdiction and the recourse to provisional measures.

V. Concluding remarks.

Comments.

1. Provisional regulation of a situation in disputes relating to foreign currency denominated consumer loan agreements (by Dr. Anastasia Vezyrtzi).

I. Introduction.

II. The legal issue at stake and the different approaches in Greek jurisprudence.

III. Concluding remarks.

2. Interim measures for protection of the possession under Greek Law (by Konstantinos Pliatsikas)

I. Concept and protection of the possession.

II. Protection through the Court: Interim measures for protection of possession or detention

1. Concept and scope.

2. Special provisions.

Α. Jurisdiction.

Β. Legalization.

C. Summoning of the defendant.

D. Revocation or modification of the interim measures for protection of the possession (or detention)

E. Drafting minutes of the proceedings.

F. Action for the principal case.

G. The permissibility of a regular appeal.

3. The provisional remedy (interim measure) of judicial sequestration: Judicial sequestration of an object in the process of the pre-bankruptcy procedure of resolution according to the Greek Insolvency Law (by Evangelia Asimakopoulou)

4. The imposition of conservatory attachment on the debtor’s special assets and conversion to enforced seizure according to Art. 722 of the Greek CCP (by Ιordanis Michaelidis).

Summary and conclusions (by Prof. Dr. Charoula Apalagaki).

Table of rules

Index.