P. Yessiou-Faltsi, Civil Procedure in Hellas, 2nd ed., 2020

Preface to the Second Edition

Preface to the First Edition

Abbreviations

GENERAL INTRODUCTION

Chapter 1. General Background

§1. Political System

§2. Legal System

I. Historical Evolution

II. Classification

III. Legal Sources

IV. Distinctions and Basic Elements

Chapter 2. Delimitation of the Subject Matter

§1. Definition of the Term «Civil Procedure»

§2. Distinction from other Types of Procedure - Separate Systems of Courts and Rules of Procedure

Chapter 3. Sources of Civil Procedural Law

§1. A Brief Historical Perspective

I. General Remarks

II. Ancient Greek Law

III. Period of the Turkish Domination

IV. Period of the War of Independence

V. Period of the Codes of

§2. Contemporary Sources of Civil Procedural Law

I. The Constitution of

II. The Code of Civil Procedure of 1967/1971 - Subsequent Modifications

III. The Code on the Organization of the Courts of

IV. Special Laws

V. International Conventions

VI. Customary Law

VII. Judicial Precedents

VII. Legal Doctrine

Chapter 4. General Features of the Administration of Justice in Civil Matters

§1. Characteristics of the Procedure

I. General Remarks

II. The Principle of Free Disposition of the Parties

III. The Principle of Party Presentation

IV. The Principle of Parties’ Motion

V. The Principle of Concentration

VI. Oral and Written Procedure

VII. Role of the Judge

§2. Fundamental Guarantees

I. General Remarks - The Convention of Rome for the Protection of Human Rights

II. Establishment of Courts by Law

III. Independence and Impartiality of the Judiciary

IV. Review of Unconstitutional Ordinary Legislation

V. Access to Justice

VI. Right of Defence

VII. Equality of the Parties

VIII. Publicity

IX. Reasoning of Judicial Decisions

Selected Bibliography in Greek

I. Books

1. Under the Previous Code of Civil Procedure (1835-1968)

a. General Manuals and Treatises

b. Commentaries by Article

c. Special Manuals and Treatises

d. Collections of Studies Related to Civil Procedure

e. Monographs

2. Under the Code of Civil Procedure of 1967/1971

a. General Manuals and Treatises

b. Commentaries by Article

c. Special Manuals and Treatises

d. Commentaries of Special Parts of the Code

e. Collections of Studies Related to Civil Procedure

f. Monographs

II. Materials for the Code of Civil Procedure of

III. Periodicals

Bibliography in Languages Other than the Greek

I. Books or General Works

II. Monographs related to Civil Procedure

III. Special Essays, Articles, Reports

IV. Translations of Legislative Texts

IV. Periodicals

PART I. JUDICIAL ORGANIZATION

Chapter l. The Courts and Their Members

§1. Courts

I. Structure of the Court System

II. Administration of the Courts

1. Historical Overview

2. Separation of the Three Jurisdictions

3. Ordinary Courts of First Instance

4. The Special Court of «Moufti»

5. The Courts of Appeal

6. The Court of Areios Pagos

7. The Special Highest Court

8. The Limited Role of Lay Participants

III. The Role of Public Prosecutors in Civil Proceedings

IV. Appointment of Judges and of Public Prosecutors

§2. Members of the Judiciary

I. Incompatibilities

II. End of Functions

III. Discipline

1. The Historical Background

2. Disciplinary Responsibility under the Constitution of

Chapter 2. The Bar

§1. Exercise of the Legal Profession

I. Conditions for Admission

II. Rights and Duties

III. Discipline

§2. Organisations of Lawyers

Chapter 3. The Bailiffs

§1. Exercise of the Profession

§2. Public Institutions of Bailiffs

PART II. JURISDICTION

Chapter 1. Internal Jurisdiction

§1. Jurisdiction of Civil Courts

I. Definition of Jurisdiction - Distinction of Jurisdictional Branches

II. Criteria for Distinguishing Jurisdiction of Civil and of Administrative Courts

III. Voluntary Jurisdiction of Civil Courts

IV. Lack of Jurisdiction of Civil Courts

§2. Subject Matter Competence of Civil Courts

I. Factors to be Taken into Account

1. Definition of Subject Matter Competence

2. Role of the Value of the Claim

3. Role of the Nature of the Claim

II. Determination of the Value of the Claim - Main Claims and Ancillary Claims

III. Overview of the Subject Matter Competence of the Different Courts

1. Subject Matter Competence of the Justices of the Peace

2. Subject Matter Competence of the One-Member District Courts

3. Subject Matter Competence of the Three-Member District Courts

4. Subject Matter Competence of the Courts of Appeal

5. Subject Matter Competence of Areios Pagos

§3. Territorial Competence

I. Factors to Be Taken into Account

1. Definition and Distinctions of Territorial Competence

2. Relevant Connecting Factors and the Conflicting Interests Served

II. Overview of the Different Rules

1. General Territorial Competence

a. Domicile as a Principal Connecting Factor

b. Rules Founding General Jurisdiction

c. Actions Against the State

d. Actions Against Legal Entities

2. Jurisdictions Concurrent to the General Territorial Competence

a. The Forum Involving Juridical Acts

b. The Forum for Tort Disputes

c. The Forum Related to the Management of Property Other than Under a Court Order

d. The Forum Involving the Joinder of Defendants

e. The Forum Related to Actions Involving Multiple Immovables

f. The Forum for Matrimonial Disputes

g. The Forum based on Property

3. Exclusive Jurisdictions

a. The Exclusive Forum for Company Disputes

b. The Exclusive Forum Related to the Management of Property When This Is Based on a Judicial Order

c. The Exclusive Forum in Actions Involving Real Rights on Immovable Property

d. The Exclusive Forum Concerning Succession

e. The Exclusive Forum for Related Claims

f. The Exclusive Forum for Cross Actions

g. The Exclusive Forum for Litigation Involving Enforcement Proceedings

III. Prorogation of Territorial Competence

1. General Remarks

2. Explicit Agreements

3. Tacit Agreements

§4. Resolution of Jurisdiction Conflicts

I. Affirmative Conflicts

II. Negative Conflicts

III. Effects of the Ruling

IV. Relevant Moment for the Existence of Jurisdiction

§5. Review of Subject Matter and of Territorial Competence

I. Relevant Moment for the Existence of Facts Basing Competence

II. Lack of Competence

Chapter 2. International Jurisdiction

§1. Rules Applicable in the Absence of a Treaty

I. The Historical Background

1. Nationality as a Main Connecting Factor Under the Code of Civil Procedure of 1835

2. Modification of the Critical Factor of Nationality in

II. International Jurisdiction According to the Present Code of Civil Procedure

1. Territorial Competence as a Main Connecting Factor

2. Role of Nationality in Exceptional Cases

3. International Jurisdiction Based on Public Policy

4. International Jurisdiction with Regard to Matters of Voluntary Jurisdiction

III. The Impact of Private Agreements on International Jurisdiction

1. Prorogation of the International Jurisdiction of Greek Courts

a. The Permissibility of Private Agreements

b. Explicit Agreements

c. Tacit Agreements

2. Derogation of Greek Adjudicatory Power

IV. Review of International Jurisdiction

§2. International Treaties

I. Multilateral Conventions

1. The European Community Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters

2. Other Multilateral Conventions

3. Conventions Related to Extraterritoriality

II. Bilateral Conventions

1. The Irrelevancy of Assimilation Clauses in Bilateral Conventions

2. Specific Rules in Bilateral Conventions for Jurisdiction in Succession Matters

3. Specific Rules for Maintenance Claims and Matters Involving Personal Status

PART III. ACTIONS AND CLAIMS

Chapter 1. Actions

§1. Definitions - Types of Actions - Joinder

I. Definitions

1. The Action as a Procedural Act

2. The Action as a Procedural Document

a. Contents of the Complaint

b. Sanctions

II. Types of Actions

1. Criteria of Classification

2. Actions for Specific Performance

3. Declaratory Actions

4. Constitutive Actions

III. Joinder

1. Joinder of Parties

a. Permissive Joinder

b. Necessary Joinder

2. Joinder of Claims

a. General Features

b. Subsidiary Joinder

§2. Admissibility

I. The Function of Procedural Prerequisites

II. Capacity to Be a Party

III. Capacity to Conduct Proceedings in One’s Own Name

IV. Representation by Attorney

V. Standing to Sue

VI. Legal Interest

§3. Prohibition of Abuse of Procedural Rights - Vexatious Litigation

Chapter 2. The Defendant’s Answer and Defences

§1. General Aspects

§2. Defendant’s Answer on the Action

§3. Exceptions

I. Definition

II. Distinctions

III. Rules Governing Exceptions

§4. Cross Actions

Chapter 3. Sanctions on Procedural Irregularities

§1. Aspects of Procedural Irregularities

I. Definitions

II. The Non-Existent Judicial Decisions

III. Procedural Nullities

1. Distinction Among Substantial and Procedural Nullities

2. Types and Conditions of Procedural Nullities

§2. Time Limitations

PART IV. PROCEEDINGS

Chapter 1. Pre-trial Proceedings

§1. Provisional Remedies

§2. Pre-trial Settlements of the Parties

I. Extrajudicial Settlements

ΙΙ. Pre-trial Conciliations

IΙI. Mandatory or Optional Attempt at Conciliation?

IV. Practical Relevance

§3. Preliminary Administrative Procedure in Real Actions Against the State

Chapter 2. Proceedings in First Instance

§1. Adversary Proceedings

I. Ordinary Proceedings

1. Introduction of the Action

a. Method of Initiating the Action

b. Modes of Service of the Complaint

c. Time limits

2. Effects of the Initiation of an Action

a. Procedural Effects - Lis Pendens

b. Substantial Effects

3. Progress of Proceedings

a. Preparatory Measures - Written Pleadings - Production of Documents

b. The Trial

4. Third Party Proceedings

a. Basic Distinctions

b. Principal Intervention.

c. Accessory Interventions

d. Impleader

e. Third Party Notice

5. Judgement

a. Deliberation

b. Different Sorts of Judgement

c. Formal Aspects

d. Notice and Service

e. Effects of Judgements - Res Judicata

f. Distinctions of Res Judicata

g. The Function of Res Judicata

h. Object and Objective Limits of Res Judicata

j. Subjective Limits of Res Judicata

k. Collateral Estoppel

l. Reformation Action

m. Interpretation and Rectification of Judgements

II. Proceedings for Provisional Remedies

1. Introductory Remarks

2. General Prerequisites

a. Substantive Conditions

b. Procedural Prerequisites - Subject Matter and Territorial Competence

c. International Jurisdiction

3. Procedure for Granting Provisional Remedies

a. Commencement of Proceedings

b. Main Hearing

c. Decision on the Application

d. The Provisional Res Judicata

e. Non-Availability of Methods of Review

f. Enforcement

4. Revocation of Provisional Remedies

a. Mandatory Revocation

b. Revocation at the Discretionary Power of the Judge

5. Provisional Orders

§2. Default Proceedings

I. General Conditions

II. The Defendant’s and the Plaintiff’s Default at the First Hearing

III. Absence of the Parties at Later Hearings

§3. Ex parte Proceedings

I. Voluntary Jurisdiction

II. Orders of Payment and Provisional Remedies

Chapter 3. Review Proceedings

§1. Introductory Remarks

I. Definition and Distinctions

II. General Rules

III. Initiation

IV. Admissibility

§2. Opposition Against Default

I. General Aspects - The Abandonment of the Institution of «Unjustified» Opposition

II. Requirements and Effects

§3. Appeal

I. General Aspects

II. Conditions to Admissibility

1. Appealability

2. Appeal Period

III. The Grounds of Appeal

IV. Effects

V. Proceeding

§4. Cassation

I. General Aspects

II. Conditions

1. Decisions which are Subject to a Cassation

2. Time Period

3. Grounds for Cassation

III. Proceeding

IV. Cassation in «the Interest of the Law»

§5. Reopening of Judgements

I. General Aspects

II. Conditions

1. Decisions which are Subject to a Reopening

2. Time Period

3. Grounds for Reopening

III. Proceeding

§6. General Opposition and Third Party Opposition

I. General Opposition

II. Third Party Opposition (Tierce - Opposition)

1. General Features

2. Requirements

3. Proceeding

4. Effects

Chapter 4. Incidents

§1. Decision on Incidental Matters

I. Definition and Distinctions - Procedural Treatment

II. Incidental Actions

§2. Withdrawal and Discontinuance of Action

I. The Structure of the Code with Regard to the Subject

1. Possibilities on Terminating the Proceedings on Parties’ Volition

2. Revocation of Other Procedural Acts

II. Abandonment or Withdrawal of Action

1. Substantial and Formal Requirements

a. Withdrawal of an Action by the Plaintiff not Including Abandonment of the Substantial Claim

b. Abandonment of an Action by the Plaintiff Also Including the Substantial Claim

c. The Necessity for Formality in the Termination of Proceedings Through a Plaintiff’s Act

2. Consequences

a. Withdrawal of an Action Not Including the Substantial Claim

b. Abandonment of an Action Also Including the Substantial Claim

III. Admission

IV. Conciliation

1. Distinctions

2. Legal Nature

3. Formal and Substantial Requirements

4. Consequences

§3. Challenge of Judges

I. Disqualification of a Judge in General

II. Disqualification of a Judge on the Challenge of a Party

Chapter 5. Legal Aid

Chapter 6. Legal Costs

I. General Aspects

II. Applications of and Deviations from the «Defeat Principle»

PART V. EVIDENCE

Chapter 1. Burden of Proof

§1. The Allocation of the Burden of Proof

I. General Aspects

1. The Subject Matter of Evidentiary Proceedings

2. «Subjective» and «Objective» Burden of Proof

3. Significance of the Rules Governing the Burden of Proof

4. The Burden of Alleging the Relevant Facts

II. Rules Regarding the Allocation of the Burden of Proof

1. The General Rule

2. Doctrinal Distinctions of Substantive Rules with Regard to the Allocation of the Burden of Proof

3. Difficulties in the Application of the General Principles

III. Characterization of Rules Related to the Allocation of the Burden of Proof

IV. The Right to Counterproof

§2. Relationship Between Legal Presumptions and the Burden of Proof

Chapter 2. Admissibility of Evidence

§1. Introductory Remarks

I. General Features of the Law of Evidence

II. Types of Evidence

1. Rigid, Free and «Partly Free» Evidence

2. Direct and Indirect Evidence

3. «Preservative» Evidence

III. Free Evaluation of Evidence

IV. Degree of Persuation

§2. The Means of Proof in Particular

I. General Aspects

1. Enumeration in Article

2. Illegally Obtained Evidence

II. Confession

1. Definition and Distinctions

2. Prerequisites

3. Probative Effect of a Confession

4. Revocation of Confessions

III. Tangible or Direct Evidence

1. Definition

2. Obligation to Cooperate

3. Probative Effect of Tangible Evidence

IV. Expert Reports

1. Definition and Distinctions

2. Appointment of Experts - Extent of the Discretionary Power of the Judge

3. Probative Weight of Expert Reports

4. Technical Consultants

5. Extrajudicial Private Opinions

V. Testimony

1. Definition

2. Statutory Restrictions of Testimony

3. Competence to Give Evidence

4. Obligation to Give Evidence

5. Probative Weight of Testimony

VI. Examination of the Parties

1. General Aspects

2. The Subsidiary Character of the Examination of the Parties - The Amendment of 1984

3. Distinction from Other Interrogatories of the Parties and from Testimony

4. Confession of the Parties During an Examination

5. Probative Weight of the Examination of the Parties

VII. Party Oath

1. General Remarks

2. Party Oath Taken Upon the Challenge of the Adversary

a. Requirements

b. Form of the Party Oath

c. Subsidiarity of Party Oath

d. Possibilities Related to the Challenge

e. Probative Effects of the Party Oath

3. Judicial Oaths

VIII. Documentary Evidence

1. Definitions and Distinctions

2. Authenticity of Documents

a. Presumption of Authenticity of Public Acts

b. Authenticity of Private Writings

3. Persons Against Whom a Document can Produce Evidence

4. Certainty of Date - Authentication of Private Writings

5. Probative Effect of Documentary Evidence

a. Public Documents

b. Private Writings

c. Foreign Public Acts

6. Mechanical Reproductions

7. Bookkeeping Records of Enterprises or of Other Professionals

IX. Presumptions as Self-Standing Means of Evidence

1. The Historical Background

2. The Dual Meaning of the Term Presumption

3. Admissibility of Presumptions

4. Probative Effect

X. Sworn Attestations

Chapter 3. Administration of Evidence

§1. General Aspects

I. The Current Distinction Between Two Types of Evidentiary Proceedings

II. The Historical Background

1. The Code of Civil Procedure of

2. The Code of Civil Procedure of

3. The Revision of

4. The Revision of

5. The Revision of

6. The Revision of 1994 concerning the Evidentiary Proceedings before the Three-member District Courts

7. The Revision of

§2. Evidenciary Proceedings after the 2015 Amendment

§3. Forced production of documents

PART VI. PARTICULAR PROCEEDINGS

Chapter 1. General Aspects

Chapter 2. The Main Characteristics of Each Particular Proceeding

I. The Proceeding for Family Disputes

II. The Proceeding for Orders of Payment

III. The Proceeding for Certain Categories of Monay Claims

IV. Special Rules for Certain Types of Disputes - Small Claims

PART VII. PRELIMINARY SEIZURE AND ENFORCEMENT

OF JUDGEMENTS

Chapter 1. Preliminary Seizure and Other Conservatory Measures

§1. Definitions, Proceedings, Effects

I. General Remarks

II. Judicial Security

1. Definition

2. Proceeding

3. Effects

III. Prenotice of Mortgage

1. Definition and Requirements

2. Proceeding

3. Effects

IV. Conservatory Attachment

1. Definition and Requirements

2. Proceeding

3. Effects

V. Custody

1. Definition and Proceeding

2. Effects

VI. Sealing, Unsealing, Inventory and Public Deposit of Property

§2. Judicial Review

Chapter 2. Enforcement of Judgements

§1. Enforcement of Domestic Judgements

I. Introductory Remarks

1. Methods of Enforcement in the Greek Law of Execution

2. Specific Performance

3. Means of Enforcement of Money Claims: Attachment, Compulsive Administration of Property, Imprisonment

4. “Oath of Manifestation”

II. General Features of the Enforcement Proceedings

1. The Principle of the Party’s Initiative and its Limitations

a. The Meaning of this Principle

b. The Limitations - Lapse of Attachment

2. Collective Character of Enforcement

a. Announcement of Creditors

b. Substitution of the Petitioning Creditor

c. Satisfaction of Creditors

3. Main Organs of Execution

4. Attachability and its Limitations

III. The Executory Title as a General Prerequisite of Execution

1. General Remarks

2. Judicial Decisions

a. Kind of Decision

b. «Final» Judgements Which are a Formal Res Judicata

3. Provisionally Enforceable Judgements

a. General Remarks

b. Requirements

c. Specific Prerequisites

d. Kinds of Provisional Execution

e. Exclusion of Provisional Execution

f. Suspension of Provisional Execution

4. Arbitral Awards

5. Orders of Payment

6. Foreign Judgements

7. Foreign Arbitral Awards

8. Provisional Remedies

9. Notarial Documents

10. Awards Issued by Administrative Authorities for the Collection of Public Revenues

11. Orders for the Return to the Lessor of a Leased Immovable

IV. The Executory Formula

V. Other Prerequisites to Execution

1. Prerequisites Involving the Enforced Claim

2. Prerequisites Involving Persons Entitled to or Subject to Enforcement

3. Service of the Copy of the Instrument to be Enforced

VI. Initiation of Main Enforcement Proceedings

VII. Proceedings in Specific Enforcement

1. Obligations to Deliver a Particular Movable Thing

2. Obligations to Deliver Fungible Goods Described Only by Class, as Well as No-Name Bonds

3. Obligations to Deliver Specific Immovable Property

4. Enforcement of Executory Titles Ordering the Performance of a Specific Act

a. Obligations to Perform a Specific Fungible Act

b. Obligations to Perform a Specific Infungible Act

5. Obligations not to Perform or not to Oppose a Specific Act

6. Execution of Judgements Ordering the Declaration of Will

VII. Proceedings in Enforcement for Money Claims

1. General Remarks

2. The Various Types of Attachment

3. Attachment of Movables in the Possession of the Debtor

a. Property Subject to Attachment

b. Property Exempt From Attachment

c. The Procedure

d. Effects.

4. Garnishee Proceedings

a. Property Subject to and Exempt from Garnishee Proceedings

b. Procedure

c. Legal Effects

d. The Affirmative or Negative Declaration of the Third Party Regarding his Relation to the Attached Claim

e. The Final Phase of Garnishment

5. Attachment of Immovable Property

a. Property Subject to Attachment

b. The Procedure

c. Legal Effects

6. Attachment of Special Assets

7. The Public Sale

a. The Basic Preparatory Step

b. The Main Procedure

c. Suspension of the Electronic Auction Involving Immovables

d. The Termination of the Electronic Auction

8. Distribution of Sale Proceeds

a. The Principle of Proportional Distribution

b. Distribution where the Sale Proceeds Suffice to Satisfy all Creditors

c. Distribution where the Sale Proceeds do not Suffice to Satisfy all Creditors - General and Special Priorities

IX. Judicial Review

1. The Court Is Not an Organ of Execution

2. Opposition to Enforcement

a. General Remarks

b. Other Types of Opposition

c. Subject Matter Competence

d. Territorial Competence

e. Grounds of Opposition

f. Time Limitations

g. Rules of Procedure

3. Third Party Opposition

a. Particular Features

b. Grounds of a Third Party Opposition

c. Subject Matter and Territorial Competence

d. The Compulsory Parties

e. Time Limitations

4. Suspension of Enforcement

a. Conditions

b. Procedure - Provisional Order

c. Effects

§2. Recognition and Enforcement of Foreign Judgements

I. Rules Applicable in the Absence of a Treaty

1. General Remarks

a. The Doctrinal Foundation of the Recognition and Enforcement of Foreign Judgements

b. Distinction Between Recognition and Enforcement

c. Characterization of the Foreign Judgement

2. The Historical Background - Distinction Between Greek Nationals and Aliens

3. The Basic Provisions of the Present Code of Civil Procedure

4. The Prerequisites to Recognition

a. The Res Judicata Effect of the Foreign Judgement

b. The International Jurisdiction of the Foreign Court

c. Protection of the Right of Defence

d. Inconsistent Decisions

e. Violation of Public Policy

f. No Re-examination of the Merits

g. No Reciprocity

h. No Examination of the Applicable Law

5. Enforcement of a Foreign Judgement

a. Need of a Domestic Exequatur

b. Prerequisites

c. The Enforceability of the Foreign Judgement in Particular

d. The Exequatur Proceeding

6. Enforcement of Other Executory Instruments

7. The Specific Proceeding for the Recognition of Decisions Involving Personal Status

8. Recognition of the Effects of Foreign Decisions of Voluntary Jurisdiction

II. International Treaties

1. Multilateral Conventions

a. The European Community Convention and the Subsequent European Regulations

b. Other Multilateral Conventions

2. Bilateral Conventions

3. Relationship Between the Code of Civil Procedure and the International Conventions

PART VIII. ARBITRATION

Chapter 1. Domestic Arbitration

§1. General Aspects

I. Historical Background

II. Current Relevance

III. Types of Arbitration - Constitutionality

IV. Institutional Arbitration

§2. The Rules of the Code of Civil Procedure

I. Arbitrable Disputes

II. The Arbitration Agreement

III. The Arbitrators

IV. Procedure Before Arbitrators - Scope of the Arbitrators’ Authority

V. The Award

VI. Setting Aside of the Award

Chapter 2. Foreign Arbitral Awards

I. Characterization of an Award as Foreign

II. Recognition of Foreign Arbitral Awards Under the Code of Civil Procedure

III. Enforcement of Foreign Arbitral Awards

IV. International Treaties

1. Multilateral Conventions

2. Bilateral Conventions

3. Relationship to Domestic Law

PART IX. MEDIATION

Chapter 1. Legislation/Definitions

Chapter 2. Rights that can be Subject to Mediation - Mediation Agreement - Mediation Procedure - Settlement Agreement

Chapter 3. Judicial Mediation

Chapter 4. Practical Relevance of Mediation

Index