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, family law and the law of succession. It was enacted in 1940 and came into force in 1946. The first book ranges from article 1 to article 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. 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).
OWNERSHIP AND PROPERTY RIGHTS. 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 or servitudes (arts. 1118–1191), liens on movables (arts. 1209–1256) and mortgages (arts 1257–1345).
INHERITANCE. The Civil Code’s fifth book contains the rules pertaining to the law of succession. It 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. Articles 127–131 and articles 1464–1466 establish rules on agricultural family relations and succession aspects relevant to farms (e.g., family rights connected to agricultural property and succession rules impacting farm holdings).
OBLIGATIONS AND CONTRACTS. The Greek Civil Code’s second book (arts. 287–946) contains 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. Articles 1745 and 1746 lay down special rules on agricultural leases and prescriptions for parcel transfers (rules about when leases over agricultural parcels are valid, formalities required -written statements, registrations- and related evidentiary matters). Further, articles 1755-1757 lay down practical rules for parcels in common use, and treatment of plots held in collective/communal ownership or in condominium-like situations.
The Code contains provisions dealing with water and waterworks. Practical rules on shared works, maintenance and access (applicable to disputes about irrigation ditches, shared channels, boundary drains, common meadows) are laid down under articles 1011-1014, 1745-1746 and 1756-1757. In addition, articles 2017-2032 regulate operators (e.g., concessions, operator liability, permits and prohibitions for installations that may affect cultivation and water uses) and the legal consequences of improper operation.
OWNERSHIP AND PROPERTY RIGHTS. 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 or servitudes (arts. 1118–1191), liens on movables (arts. 1209–1256) and mortgages (arts 1257–1345).
INHERITANCE. The Civil Code’s fifth book contains the rules pertaining to the law of succession. It 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. Articles 127–131 and articles 1464–1466 establish rules on agricultural family relations and succession aspects relevant to farms (e.g., family rights connected to agricultural property and succession rules impacting farm holdings).
OBLIGATIONS AND CONTRACTS. The Greek Civil Code’s second book (arts. 287–946) contains 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. Articles 1745 and 1746 lay down special rules on agricultural leases and prescriptions for parcel transfers (rules about when leases over agricultural parcels are valid, formalities required -written statements, registrations- and related evidentiary matters). Further, articles 1755-1757 lay down practical rules for parcels in common use, and treatment of plots held in collective/communal ownership or in condominium-like situations.
The Code contains provisions dealing with water and waterworks. Practical rules on shared works, maintenance and access (applicable to disputes about irrigation ditches, shared channels, boundary drains, common meadows) are laid down under articles 1011-1014, 1745-1746 and 1756-1757. In addition, articles 2017-2032 regulate operators (e.g., concessions, operator liability, permits and prohibitions for installations that may affect cultivation and water uses) and the legal consequences of improper operation.
Title:
Greek Civil Code.
Country:
Greece
Type of document:
Legislation
Date of original text:
Date of latest amendment:
Files:
Repealed:
No