Aspects of Greek Civil Law

Civil Law is a sector of private law; the other two sectors being Commercial Law and Labor Law. Civil Law comprises a series of rules that regulate personal and property relations of citizens. On the other hand, Public Law applies to relations in which one of the parties is a public authority acting in its capacity as such.

Historical Background

Greek Civil Law has its sources in Byzantine-Roman Law and on customary law. The term “civil law” came from the Latin term “jus civile” (used in ancient Rome to distinguish the law found exclusively in the city of Rome from the “jus gentium”, the law of all nations, found throughout the empire). By order of the emperor Justinian in the 6th century the Pandects (a Greek word for “πανδέκτης”meaning “comprising all”) were compiled to comprise and codify all Roman laws up to the time. Early in the 19th century the term “Pandectists” referred to the historical school of Roman-law scholars in Germany who resumed the scientific study of the Pandects. Thus began the linkage of modern Greek Civil Law with the German one.

Sources of Greek Civil Law

-The sources of Civil Law are (as per art. 1 of Greek Civil Code) legislation (statutes adopted through the legislation process) and custom; the latter, nowadays, if not totally eliminated, enjoys extremely limited use. The Greek Constitution (art. 28 par. 1) recognizes, as another source of Law, “the generally accepted rules of international law” and the, ratified by law, international treaties. European Union Law (primary and secondary) is, of course, another source of Law.

What are the kinds of divorce in Greece?

There are two kinds of divorce in Greece:
a. Mutual consent divorce
b. Contested divorce

What are the prerequisites for mutual consent divorce and how long does it take to be final?

The mutual consent divorce procedure is the quickest way to get a divorce. You may have your marriage dissolved within 12 days (!), according to the latest amendment of family law (art. 22 of L. 4509/2017). The prerequisites are the following:
a) Written agreement between the spouses, certifying that they wish to proceed to the dissolution of their marriage;
b) Written agreement between the spouses which stipulates:

• which parent will have the custody of the child;
• the frequency and the terms under which the other parent will communicate with the child;
• the alimony, which refers to the personal and/or monetary contribution of each parent to the expenses of the child (for food, clothing, education etc.).

This agreement is valid for at least two years, unless the child becomes an adult and it can be amended by the parents, in other words altered, depending on the circumstances. For example, if the financial situation of a parent changes or the educational expenses of the child rise.

What kind of surrogacy is legal in Greece?

Greece is one of the very few jurisdictions in the European Union and worldwide, which enforces surrogacy contracts and has adopted a progressive and tolerant legal framework on the regulation of surrogate motherhood. Specifically, Greece has introduced a complete and comprehensive regulatory framework for medically assisted human reproduction, with provisions for altruistic gestational surrogacy since 2002. Surrogacy is regulated by article 1458 of the Greek Civil Code (GCC), as it was introduced with article 8 of the Law 3089/2002 and articles 13 and 26 of the Law 3305/2005. A recent legal reform has been effected through the introduction of Law 4272/2014 pursuant to which the prerequisite of permanent stay in Greece, as a criterion for the application of the law, has now been abolished. Traditional and commercial surrogacy are explicitly prohibited by the Law.

Are surrogacy contracts valid and enforceable under Greek law?

Surrogacy contracts are valid and enforceable under article 1458 of the GCC. The contract is signed between the intended parents (IPs) or the intended mother (IM), in case she is single and the surrogate and her husband or her civil partner, in case she is married or in a civil partnership. The agreement must be in writing, and must be made prior to the impregnation of the surrogate mother. Furthermore, in order for the terms of the arrangement to be enforced three other prerequisites must be fulfilled:

• the provisions of (informed) written consent by all those involved in the arrangement
• the pre - conception authorisation of the surrogacy agreement by the Court
• the altruistic nature of the surrogacy agreement and evident (by the specific clauses of the contracts) lack of financial gain.
  

How are applicable law and jurisdiction determined?

Parental responsibility and custody of a minor child are generally governed by the law of the state, in which the habitual residence of the child lies. Exceptionally, the law of another country that is closely connected to the situation that has to be regulated, namely in respect of the minor child (not the marriage or registered partnership between parents) may be applied or taken into consideration.

The place of habitual residence of the child is also the key-rule regarding determination of international jurisdiction of the Courts that are called upon to adjudicate on issues of parental responsibility and custody. Nonetheless, Courts of another state may have aforementioned jurisdiction, mainly

• either in cases that these Courts have got jurisdiction over the parents’ divorce or separation or termination of registered civil union agreement , or
• in cases of interim measures. In case of interim measures, the rule for international jurisdiction of the Court lies with suitability of this Court to resolve the urgent situation in question, or
• the parents may also agree upon a competent jurisdiction for the hearing of the cases of parental responsibility and/or custody of their minor child.

Legislation also provides for specific circumstances that lead to the applicability of certain law and jurisdiction applies depending on the particular facts of each case.

On which grounds can a will be contested?

A. A will is wholly or partially void from the beginning in case:

• the formalities provided by the law for the drafting of a will have not been observed,
• it was made by an incapable person,
• it is contrary to the law or to morality,
• it is not seriously intended but was only made apparently,
• it was made in favour of a person non determined to such extent that his identification becomes impossible,
• its validity is dependent on the opinion of another person or
• it was made without animus testandi.

B. A will becomes wholly or partially void if:

• it was revoked,
• three months have lapsed since the special circumstances, justifying the making of an extraordinary will, ceased to exist,
• the heir renounced the succession or was pronounced disqualified or
• it was voidable and has been annulled by the court.