Gratuitous Use and Greek Civil Code: Difference between pages

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by ''[[Martin Schmidt-Kessel]]''
by ''[[Anastasia Baetge]]''


== 1. General ==
== 1. Historical predecessors ==


Gratuitous use, like [[Donation|donation]], belongs to the well-established types of [[Gratuitous Transactions|gratuitous transactions]] in European private law. Its core element—providing the recipient with a temporary right of use without consideration to be given for it—is consistently recognized although there are remarkable differences considering concept and construction. Divergences on matters of policy are—in contrast to the law of donation—more marginal.
The history of Greek law is as old as the history of the Greek people. Its beginnings date back some 3,000 years. The time before the modern Greek Civil Code (''Astikos Kodikas'') can be divided into six periods. (i) The ancient period ends with the death of Alexander the Great in 323 BC and is characterized by the autonomous law of the ''poleis'', ie the various city states that were founded within the borders of ancient Greece. During this time the first legal [[Codification|codifications]] and law courts appeared. (ii) The following Hellenistic period reaches into the 4th century AD. During this period Greek legal thought spread beyond the borders of ancient Greece. Simultaneously, it intermingled with Roman law creating the ''ius graeco-romanum''. (iii) In the Byzantine epoch lasting until the fall of Constantinople in 1453 the Roman-Byzantine law developed. Efforts to codify the existing law intensified. Most noteworthy are the codifications under the Emperors Theodosius II (''Codex Theodosianus'') and Justinian I ([[Corpus Juris Civilis|''Corpus Juris Civilis'']], Novellae). (iv) In 1345 a private collection of the Roman-Byzantine laws was published by the judge Konstantin Armenopoulos from Thessaloniki. The collection consisted of six books and therefore became known as the ''Hexabiblos''. It was to be used later as the foundation for the creation of the Greek Civil Code. (v) Under the reign of the Ottoman Empire from 1453 to 1821, both Turkish and Byzantine law were in force, the latter being applied by ecclesiastical courts. (vi) After the liberation of Greece, in 1833 Otto, prince of Bavaria, ascended the throne of the newly founded Greek kingdom. Of major importance was the regulation ‘On the Civil Code’ from 23 February/7 March 1835 calling for the creation of a codified civil law. Moreover, the regulation stipulated the ''Hexabiblos'' of ''Armenopoulos ''to be the interim law and ordered the continued applicability of existing customary laws. At the same time several Greek regions passed their own civil codes. On the Ionian Isles, for example, the Ionian Civil Code was enacted in 1841. The code was based on Sicilian law and written in Italian, which was at the time the region’s official language. Similar codifications were passed by the islands of Samos (1899) and Crete (1904).


=== a) Notion and delimitation ===
=== 2. Origins of the modern Greek Civil Code ===


Gratuitous use is characterized by granting the recipient a temporary right of use without any consideration. Consequently, the recipient is obliged to return what has been given to him when the period of use comes to an end. Gratuitous use is a transaction that usually only confers a right to possession but no right ''in rem'' (''usus fructus'', usufruct). It must thus be distinguished from [[Trusts|trusts]].
At the beginning of the 20th century legal chaos reigned. The outdated and fragmented ''Hexabiblos'' was still applied while, at the same time, a multitude of new laws regarding particular subjects such as labour and banking law already existed. In addition there were various regional codifications. Because of the resulting legal uncertainty, in 1930 the government of Venizelos charged a commission composed of five members with drafting a uniform civil [[Codification|codification]]. Based on preliminary drafts, the final draft, consisting of 2,035 articles, was written by the law professor and commission member, Georgios Balis. His text was published in 1940. Due to Italy’s attack on Greece, the Civil Code did not come into effect until 1946. By the enactment of the Civil Code, Greece finally achieved legal unity after more than 100 years. At the same time the ''Hexabiblos'', the customary laws, and the regional codifications became ineffective.


The limited period of use, and the duty to return the object received, set gratuitous use apart from [[Donation|donation]], although, as with all gratuitous contracts, attempts have been made to apply the rules of the law of donation, eg by presuming a non-gratuitous right of use accompanied by a release from the duty to give the consideration agreed upon. Gratuitous use differs from service contracts, although differentiation becomes more difficult where the service is connected with the handing over of an object; typically in those cases the criteria used to distinguish between the two transactions are the purpose of why the object is handed over and the interest of the parties concerned. In contrast to a [[Deposit|deposit]], the recipient is entitled to use the object. The differences between gratuitous use and non-interest bearing loans were not quite clear even under [[Roman Law|Roman law]] and can still not be expressed unambiguously in many languages (eg loan; French: ''prêt''); if differentiation is chosen—in accordance with Roman law—between ''commodatum'' and ''mutuum'', the entitlement of the recipient to return goods of the same kind leads to the contract being treated as a (usually monetary) loan. The English legal system is familiar with the distinction as well despite the use of the word loan (see ''Coggs v Bernard'' (1703) 2 Ld Raym 909; 92 ER 107: ‘[the practice] is called ''commodatum'', because the thing is to be restored ''in specie''’).
The Greek Civil Code was largely influenced by the German [[Bürgerliches Gesetzbuch (BGB)|''Bürgerliches Gesetzbuch ''(BGB)]]. Greek lawyers’ first contact with German legal thinking took place during the rule of King Otto who was surrounded by a number of German lawyers, among them Georg Ludwig von Maurer, Gottfried Feder and Emil Herzog. Otto’s goal was to continue the efforts for a [[Codification|codification]] of Greek law that had begun under Ioannis Kapodistrias, Greece’s first head of state after gaining independence from Ottoman rule. The influence of German legal thought was facilitated by the fact that both German and modern Greek law share the same Roman legal tradition. Besides the BGB, the Greek Civil Code was influenced by the French, Swiss and Italian Civil Codes ([[Code Civil|''Code civil'']], [[Swiss Civil Code (ZGB)]], [[Codice Civile|''Codice civile'']]). Since its enactment, the Greek Civil Code has been subject to a number of reforms, especially in the fields of family law and the law of obligations, to meet the requirements of modern-day life.


In common with other [[Gratuitous Transactions|gratuitous transactions]], gratuitous use shares the uncertainties associated with the term gratuitousness; however, they are of only marginal relevance from a practical point of view because of the lack of form requirements and—as with a lease—the possibility to end the use by simply giving notice; the same can be said for mixed situations. Often, elements of liberality are present in transactions involving gratuitous use; specific legal consequences, such as the liability privileges of the lender, or the maintenance burdens, or the strict liability imposed on the recipient are sometimes justified by reference to the liberality of the lender. The liberality is, however, not regarded as a precondition of the type of transaction—in contrast to the'' intention libérale'' in the Napoleonic system of [[Donation|donation]]. Other intentions pursued by the lender thus do not play a role when it comes to the classification of a gratuitous use.
== 3. Structure and content  ==


=== b) Obligation despite gratuitousness ===
The Greek Civil Code, like its model the German BGB, consists of five books, comprising the [[General Part|general part]], the law of obligations, the law of property ([[Property|property]]), family law ([[Family|family]]) and the law of succession ([[Succession Law|succession law]]).


The binding nature of the promise gratuitously to provide the other party with a temporary right to use as well as the handing over of the object is not a matter of course. Given the lack of form requirements, other elements are needed in order to demonstrate a party’s intention to be legally bound, which often proves to be difficult with the granting of a right of gratuitous use. Such an intention cannot be presumed merely on the basis of the gratuitous handing over of an object, as the phenomenon of ''precarium'' shows, which does not presuppose an intention to be legally bound. In order to avoid an excessive juridification of everyday social relations, sometimes rather high demands are made for the establishment of an intention to be legally bound—particularly concerning the value of the object and the risks involved. In early Roman law gratuitous use was regarded—until its recognition as a type of contract which probably occurred in the late Republic—as an act of ''amicitia'' and could, if at all, only be dealt with under the regime of non-contractual liability. The existing uncertainties in English law as to the binding nature of agreements relating to a bailment (see 3. below) may have the same origin, although this cannot be proven in detail.
=== a) General part ===


=== c) Gratuitous use and contract law ===
The first book ranges from Arts 1 to 286 and contains all the legal concepts common to the entire code ([[General Part|general part]]). In addition, it includes the rules of Greek [[Private International Law (PIL)|private international law (PIL)]] (Arts 4–33). Every human being enjoys rights and obligations and is vested with legal capacity (Art 34). German law’s distinction between natural persons and legal persons is expressed in Arts 34–60 and Arts 61–126, respectively. Article 2 (1) of the Greek constitution protects human dignity. From this guarantee, Art 57 of the Greek Civil Code derives a general right to protection of one’s personality according to which anyone whose personality right is infringed may seek injunctive relief and compensation for damages from the perpetrator. The right of personality also covers the right to protection of one’s privacy, including protection against surveillance measures and unauthorized photographs. Arts 158–166 deal with formal requirements for legal transactions ([[Juridical Act|juridical act]]). Unless otherwise provided by the parties or by an express statutory order, legal transactions do not require any specific form. Other subjects covered by the first book include the [[Interpretation of Contracts|interpretation of contracts]] (Arts 185–200), [[Representation|representation]] (Arts 211–235) and [[Prescription|prescription]] and preclusion periods (Arts 247–280).


As with the other [[Gratuitous Transactions|gratuitous transactions]], there is no consensus on the classification of gratuitous use as a contract, its affiliation to contract law and, consequently, the applicability of rules of contract law. This is apparent, above all, in legal systems which recognize the doctrine of consideration ([[Indicia of Seriousness|indicia of seriousness]]; [[Formal Requirements|formal requirements]]); under English law, for example, even the binding nature of a promise by deed does not inevitably lead to the application of the rules of contract law ([[Donation|donation]]). The classification of the use of chattels as a form of bailment has in fact—in contradistinction to the development of donation—led to the emergence of a reasonably well-organized set of rules. However, the interrelation between bailment—which is similar in some respects to the continental concept of the ''Realvertrag'' (''contractus rei''<nowiki>; the term ‘real contract’ is not an adequate translation)—and contract law is still uncertain today. Infringements of bailment are remedied under the tort of conversion. The way in which gratuitous use is dealt with in England is therefore quite similar to the republican Roman law.</nowiki>
=== b) Law of obligations ===


== 2. Tendencies in the legal development ==
The Greek Civil Code’s second book (Arts&nbsp;287–946) closely resembles the German BGB, with some deviations found in the law of delict. Arts&nbsp;287–495 contain general rules applicable to the law of obligations in its entirety, including rules on the impossibility of performance, default of the debtor and the creditor, the right to terminate, assignment, penalty clauses and contracts in favour of a third party. Arts&nbsp;496–946 contain the specific law of obligations including rules on the individual types of contractual obligations. Article&nbsp;914 with its broad wording is central to the law of torts. According to this sweeping provision anyone who intentionally or negligently causes damages to another person is liable for compensation. Unlike its counterpart in §&nbsp;823 (1) BGB, no violation of an absolute right is required.


As with the other forms of [[Gratuitous Transactions|gratuitous transactions]], one can observe a tendency in the development of gratuitous use to deviate from the rules of general contract law in favour of the lender, although the contours in this area are not as well established as in the case of donations. In particular, reference has to be made to the specific requirements concerning the intention to be legally bound, the fact that termination is facilitated and generally possible at all times, restrictions on the range of duties owed by the lender and the remedies available to the recipient. Recent national legislation hardly contained anything new in this respect. The rules in most Member States are still based, structurally, upon those of Roman law created since the late Republic (see, for England, ''Coggs v Bernard'' (1703) 2&nbsp;Ld Raym 909; 92 ER 107). Research on the practice of loans of works of art between galleries and museums has shown that, despite all differences in detail, it functions well.
=== c) Law of property ===


== 3. Gratuitous use in detail ==
The third book is based on Roman-Byzantine law and was also influenced by several European [[Codification|codifications]], in particular the BGB. The general provisions on legal objects (Arts&nbsp;947–973) are followed by rules on possession (Arts&nbsp;947–998) and the content (Arts&nbsp;999–1093) and protection (Arts&nbsp;1094–1112) of ownership. Additional provisions relate to easements (Arts&nbsp;1118–1191), liens on movables (Arts&nbsp;1209–1256) and mortgages (Arts&nbsp;1257–1345).


The law on gratuitous use has only rarely been dealt with under a comparative perspective. From a practical point of view its most important field of application is the loan of valuable chattels such as works of art or investment goods free of charge. When it comes to less valuable items, the parties often lack an intention to be legally bound. Even as a binding contract gratuitous use does not recognize any form requirements; that makes it difficult to draw a hard and fast line between gratuitous use on the one hand and pure favours on the other. In England gratuitous use of chattels is categorized as a bailment which allows—at least according to the majority view—for the recognition of binding ancillary agreements even without consideration.
=== d) Family law ===


As long as the parties have not agreed on a specific time when the object handed over has to be returned they are generally free to terminate the gratuitous use at any time. The recipient typically retains this freedom even if a certain period of time for the use has been agreed. Furthermore, the parties often have an extraordinary right of termination for good cause. Even if the parties depart from these rules, the contract for gratuitous use remains free of any form requirements.
The fourth book on family law contains provisions on engagement, marriage, matrimonial property, divorce, maintenance, adoption and guardianship. Since the Civil Code came into effect, Greek family law has been the subject of far-reaching revisions. One important reform concerned the introduction of civil marriage in 1982. However, marriage ceremonies performed by the church have remained a valid legal alternative. Another crucial reform was effected in 1983 by Law 1329, which asserted gender equality in family law. In 2002 the modern evolution of reproductive medicine led to the adoption of Law 3089, introducing Arts&nbsp;1455&nbsp;ff, which amongst other topics deal with artificial insemination.


The lender’s duties are often limited considerably. In particular, the demands on the object’s quality are widely limited to the absence of defects deliberately concealed by the lender. The reasonable distribution of the costs for maintaining the object gratuitously handed over for use typically is a tricky issue. The basic idea is that the lender is not required to keep the object in a condition fit for use whilst the recipient usually has certain maintenance duties. The real problem in this respect is to draw a line between gratuitous use and lease where a rent is owed which exceeds the costs of the benefits associated with the use. Sometimes limitations on the remedies of the recipient can be found which resemble those recognized in the law of [[Donation|donation]]; however, the matter is approached in a less consistent manner.
=== e) Succession law ===


The Roman ''custodia'' liability with its reference to the ''diligentissimus pater familias ''still in some countries determines the recipient’s responsibility; the reason usually given for this strict liability is the ‘principle of utility’, ie determining the parties’ liability according to the extent to which they benefit from the transaction. It is, however, also in accordance with a common form of fault liability as practised in France or incorporated in the Draft [[Common Frame of Reference (CFR)|Common Frame of Reference]] (DCFR), the [[Principles of European Contract Law (PECL)]] and the [[UNIDROIT Principles of International Commercial Contracts (PICC)]] for ''obligations de résultat'': Here a discharge from the duty to return the object is only possible with regard to events which could not be influenced by the recipient, ie for cases of ''force&nbsp;majeure''<nowiki>; the exclusion of liability for the usual wear and tear, which is recognized in all jurisdictions, is consequently of considerable importance for gratuitous use transactions. From a doctrinal point of view it is of some </nowiki>importance for the standard of liability which duty is taken to have been breached—the duty to exercise reasonable care when handling the object or the duty to return the goods in good condition; in the latter type of situation the recipient is discharged only with regard to impediments beyond his control. The views of the national jurisdictions in Europe diverge on this point, some of them referring to the liberality of the lender as providing a relevant policy reason in addition to the principle of utility.  
The Civil Code’s fifth book contains the rules pertaining to the law of succession. In their structure, the relevant Arts&nbsp;1710–2035 closely resemble the BGB. Like its German counterpart, the Greek Civil Code guarantees freedom of testation, which means that every person is free to decide on the fate of his estate in the event of his death. The principle of universal succession ([[Devolution of the Inheritance/ Universal Succession|devolution of the inheritance/universal succession]]) is also known in Greek law (Art&nbsp;1710). In case the deceased has left no final will or his or her will is invalid, the rules on intestate succession apply; they bear great resemblance to the BGB’s provisions. The provisions on the protection of heirs against over-indebtedness of the estate (Arts&nbsp;1901&nbsp;ff) and on donation ''mortis causa'' (Arts&nbsp;2032&nbsp;ff) are rooted in Roman-Byzantine law.


== 4. Uniform law and unification projects  ==
== 4. The Greek Civil Code today ==


There is no uniform law concerning gratuitous use. The Draft Common Frame of Reference (DCFR) Books I–III ([[Common Frame of Reference (CFR)]]) do not exclude an application to contracts for gratuitous use; nor do the notions of contract under the [[Principles of European Contract Law (PECL)]] or the [[UNIDROIT Principles of International Commercial Contracts (PICC)]], even if the norms of these model rules are clearly designed for non-gratuitous contracts. Whilst it does contain rules on donation, the DCFR does not specifically deal with gratuitous use; a respective draft chapter was not eventually included due to time constraints.
The long history of the Greek Civil Code demonstrates that Greek law has been the subject of constant transformation and has resulted from continuing influences by external and internal forces. It has adjusted to the social, political and economic requirements of the respective times. The evolution of Greek private law is not over. Nowadays the influence of European and international law on Greek private law in general and the Greek Civil Code in particular is increasing. For example, the Civil Code’s rules on the seller’s liability for defects in the object of sale were very similar to German law before the reforms of 2002. However, EU Directive 99/44 of 25&nbsp;May 1999 on certain aspects of the sale of consumer goods and associated guarantees, implemented by Law 3043/2002, has not only fundamentally changed the Civil Code’s relevant provisions (Arts&nbsp;534–537, 540–561) but has also led to an adjustment to European law. In all likelihood, the influence of German law on Greek private law is bound to decrease in the long run.  


==Literature==
==Literature==
Werner Lorenz, ‘Entgeltliche und unentgeltliche Geschäfte’ in ''Festschrift Max Rheinstein'','' vol&nbsp;II'' (1969) 547; Reinhard Zimmermann, ''The Law of Obligations'' (1990) 188–205; Norman Palmer, ''Art&nbsp;Loans'' (1997); Jan Dirk Harke, ''Freigiebigkeit und Haftung'' (2006); Philip Haellmigk, ''Die Leihe in der französischen'','' englischen und deutschen Rechtsordnung—unter besonderer Berücksichtigung der Kunstleihe'' (2009).</div>
Johannes M Sontis, ‘Das griechische Zivilgesetzbuch im Rahmen der Privatrechtsgeschichte der Neuzeit’ (1961) 78 Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Romanistische Abteilung 355; Georgios J Plagianakos, ''Die Entstehung des Griechischen Zivilgesetzbuches'' (1963); Nikolaos I Pantazopoulos, ''History of Greek Law'','' vols&nbsp;I–II'' (1973); Apostolos Georgiadis and Michalis Stathopoulos (eds), ''Astikos Kodix'','' vols&nbsp;I–X'' (1978–98) ''vol&nbsp;VIII'' (2nd&nbsp;edn, 2003); Hilmar Fenge and Nikolaos S Papantoniou (eds), ''Griechisches Recht im Wandel'' (2nd&nbsp;edn, 1991); Anastasia Baetge and Dietmar Baetge, ‘Das Zivil- und Handelsrecht Griechenlands in der Rechtsliteratur’ (1996) ZEuP 166; Elissavet Kapnopoulou, ''Das Recht der missbräuchlichen Klauseln in der Europäischen Union'' (1997); Ioannis Karakostas, ''Einführung in das griechische Privatrecht'' (2003); Penelope Agallopoulou, ''Basic Concepts of Greek Civil Law'' (2005); Konstantinos D Kerameus and Phaedon L Kozyris (eds), ''Introduction to Greek Law'' (3rd&nbsp;edn, 2007); Katerina Stringari, ‘Die Haftung des Verkäufers für Sachmängel nach griechischem Recht’ (2008) ZEuP 563.</div>




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[[de:Griechisches_Zivilgesetzbuch]]

Latest revision as of 18:39, 5 June 2025

by Anastasia Baetge

1. Historical predecessors

The history of Greek law is as old as the history of the Greek people. Its beginnings date back some 3,000 years. The time before the modern Greek Civil Code (Astikos Kodikas) can be divided into six periods. (i) The ancient period ends with the death of Alexander the Great in 323 BC and is characterized by the autonomous law of the poleis, ie the various city states that were founded within the borders of ancient Greece. During this time the first legal codifications and law courts appeared. (ii) The following Hellenistic period reaches into the 4th century AD. During this period Greek legal thought spread beyond the borders of ancient Greece. Simultaneously, it intermingled with Roman law creating the ius graeco-romanum. (iii) In the Byzantine epoch lasting until the fall of Constantinople in 1453 the Roman-Byzantine law developed. Efforts to codify the existing law intensified. Most noteworthy are the codifications under the Emperors Theodosius II (Codex Theodosianus) and Justinian I (Corpus Juris Civilis, Novellae). (iv) In 1345 a private collection of the Roman-Byzantine laws was published by the judge Konstantin Armenopoulos from Thessaloniki. The collection consisted of six books and therefore became known as the Hexabiblos. It was to be used later as the foundation for the creation of the Greek Civil Code. (v) Under the reign of the Ottoman Empire from 1453 to 1821, both Turkish and Byzantine law were in force, the latter being applied by ecclesiastical courts. (vi) After the liberation of Greece, in 1833 Otto, prince of Bavaria, ascended the throne of the newly founded Greek kingdom. Of major importance was the regulation ‘On the Civil Code’ from 23 February/7 March 1835 calling for the creation of a codified civil law. Moreover, the regulation stipulated the Hexabiblos of Armenopoulos to be the interim law and ordered the continued applicability of existing customary laws. At the same time several Greek regions passed their own civil codes. On the Ionian Isles, for example, the Ionian Civil Code was enacted in 1841. The code was based on Sicilian law and written in Italian, which was at the time the region’s official language. Similar codifications were passed by the islands of Samos (1899) and Crete (1904).

2. Origins of the modern Greek Civil Code

At the beginning of the 20th century legal chaos reigned. The outdated and fragmented Hexabiblos was still applied while, at the same time, a multitude of new laws regarding particular subjects such as labour and banking law already existed. In addition there were various regional codifications. Because of the resulting legal uncertainty, in 1930 the government of Venizelos charged a commission composed of five members with drafting a uniform civil codification. Based on preliminary drafts, the final draft, consisting of 2,035 articles, was written by the law professor and commission member, Georgios Balis. His text was published in 1940. Due to Italy’s attack on Greece, the Civil Code did not come into effect until 1946. By the enactment of the Civil Code, Greece finally achieved legal unity after more than 100 years. At the same time the Hexabiblos, the customary laws, and the regional codifications became ineffective.

The Greek Civil Code was largely influenced by the German Bürgerliches Gesetzbuch (BGB). Greek lawyers’ first contact with German legal thinking took place during the rule of King Otto who was surrounded by a number of German lawyers, among them Georg Ludwig von Maurer, Gottfried Feder and Emil Herzog. Otto’s goal was to continue the efforts for a codification of Greek law that had begun under Ioannis Kapodistrias, Greece’s first head of state after gaining independence from Ottoman rule. The influence of German legal thought was facilitated by the fact that both German and modern Greek law share the same Roman legal tradition. Besides the BGB, the Greek Civil Code was influenced by the French, Swiss and Italian Civil Codes (Code civil, Swiss Civil Code (ZGB), Codice civile). Since its enactment, the Greek Civil Code has been subject to a number of reforms, especially in the fields of family law and the law of obligations, to meet the requirements of modern-day life.

3. Structure and content

The Greek Civil Code, like its model the German BGB, consists of five books, comprising the general part, the law of obligations, the law of property (property), family law (family) and the law of succession (succession law).

a) General part

The first book ranges from Arts 1 to 286 and contains all the legal concepts common to the entire code (general part). In addition, it includes the rules of Greek private international law (PIL) (Arts 4–33). Every human being enjoys rights and obligations and is vested with legal capacity (Art 34). German law’s distinction between natural persons and legal persons is expressed in Arts 34–60 and Arts 61–126, respectively. Article 2 (1) of the Greek constitution protects human dignity. From this guarantee, Art 57 of the Greek Civil Code derives a general right to protection of one’s personality according to which anyone whose personality right is infringed may seek injunctive relief and compensation for damages from the perpetrator. The right of personality also covers the right to protection of one’s privacy, including protection against surveillance measures and unauthorized photographs. Arts 158–166 deal with formal requirements for legal transactions (juridical act). Unless otherwise provided by the parties or by an express statutory order, legal transactions do not require any specific form. Other subjects covered by the first book include the interpretation of contracts (Arts 185–200), representation (Arts 211–235) and prescription and preclusion periods (Arts 247–280).

b) Law of obligations

The Greek Civil Code’s second book (Arts 287–946) closely resembles the German BGB, with some deviations found in the law of delict. Arts 287–495 contain general rules applicable to the law of obligations in its entirety, including rules on the impossibility of performance, default of the debtor and the creditor, the right to terminate, assignment, penalty clauses and contracts in favour of a third party. Arts 496–946 contain the specific law of obligations including rules on the individual types of contractual obligations. Article 914 with its broad wording is central to the law of torts. According to this sweeping provision anyone who intentionally or negligently causes damages to another person is liable for compensation. Unlike its counterpart in § 823 (1) BGB, no violation of an absolute right is required.

c) Law of property

The third book is based on Roman-Byzantine law and was also influenced by several European codifications, in particular the BGB. The general provisions on legal objects (Arts 947–973) are followed by rules on possession (Arts 947–998) and the content (Arts 999–1093) and protection (Arts 1094–1112) of ownership. Additional provisions relate to easements (Arts 1118–1191), liens on movables (Arts 1209–1256) and mortgages (Arts 1257–1345).

d) Family law

The fourth book on family law contains provisions on engagement, marriage, matrimonial property, divorce, maintenance, adoption and guardianship. Since the Civil Code came into effect, Greek family law has been the subject of far-reaching revisions. One important reform concerned the introduction of civil marriage in 1982. However, marriage ceremonies performed by the church have remained a valid legal alternative. Another crucial reform was effected in 1983 by Law 1329, which asserted gender equality in family law. In 2002 the modern evolution of reproductive medicine led to the adoption of Law 3089, introducing Arts 1455 ff, which amongst other topics deal with artificial insemination.

e) Succession law

The Civil Code’s fifth book contains the rules pertaining to the law of succession. In their structure, the relevant Arts 1710–2035 closely resemble the BGB. Like its German counterpart, the Greek Civil Code guarantees freedom of testation, which means that every person is free to decide on the fate of his estate in the event of his death. The principle of universal succession (devolution of the inheritance/universal succession) is also known in Greek law (Art 1710). In case the deceased has left no final will or his or her will is invalid, the rules on intestate succession apply; they bear great resemblance to the BGB’s provisions. The provisions on the protection of heirs against over-indebtedness of the estate (Arts 1901 ff) and on donation mortis causa (Arts 2032 ff) are rooted in Roman-Byzantine law.

4. The Greek Civil Code today

The long history of the Greek Civil Code demonstrates that Greek law has been the subject of constant transformation and has resulted from continuing influences by external and internal forces. It has adjusted to the social, political and economic requirements of the respective times. The evolution of Greek private law is not over. Nowadays the influence of European and international law on Greek private law in general and the Greek Civil Code in particular is increasing. For example, the Civil Code’s rules on the seller’s liability for defects in the object of sale were very similar to German law before the reforms of 2002. However, EU Directive 99/44 of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, implemented by Law 3043/2002, has not only fundamentally changed the Civil Code’s relevant provisions (Arts 534–537, 540–561) but has also led to an adjustment to European law. In all likelihood, the influence of German law on Greek private law is bound to decrease in the long run.

Literature

Johannes M Sontis, ‘Das griechische Zivilgesetzbuch im Rahmen der Privatrechtsgeschichte der Neuzeit’ (1961) 78 Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Romanistische Abteilung 355; Georgios J Plagianakos, Die Entstehung des Griechischen Zivilgesetzbuches (1963); Nikolaos I Pantazopoulos, History of Greek Law, vols I–II (1973); Apostolos Georgiadis and Michalis Stathopoulos (eds), Astikos Kodix, vols I–X (1978–98) vol VIII (2nd edn, 2003); Hilmar Fenge and Nikolaos S Papantoniou (eds), Griechisches Recht im Wandel (2nd edn, 1991); Anastasia Baetge and Dietmar Baetge, ‘Das Zivil- und Handelsrecht Griechenlands in der Rechtsliteratur’ (1996) ZEuP 166; Elissavet Kapnopoulou, Das Recht der missbräuchlichen Klauseln in der Europäischen Union (1997); Ioannis Karakostas, Einführung in das griechische Privatrecht (2003); Penelope Agallopoulou, Basic Concepts of Greek Civil Law (2005); Konstantinos D Kerameus and Phaedon L Kozyris (eds), Introduction to Greek Law (3rd edn, 2007); Katerina Stringari, ‘Die Haftung des Verkäufers für Sachmängel nach griechischem Recht’ (2008) ZEuP 563.

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Terms of Use

The Max Planck Encyclopedia of European Private Law, published as a print work in 2012, has been made freely available in 2021 as an online edition at <max-eup2012.mpipriv.de>.

The materials published here are subject to exclusive rights of use as held by the Max Planck Institute for Comparative and International Private Law and the publisher Oxford University Press; they may only be used for non-commercial purposes. Users may download, print, and make copies of the text files being made freely available to the public. Further, users may translate excerpts of the entries and cite them in the context of academic work, provided that the following requirements are met:

  • Use for non-commercial purposes
  • The textual integrity of each entry and its elements is maintained
  • Citation of the online reference according to academic standards, indicating the author, keyword title, work name, and date of retrieval (see Suggested Citation Style).