Entries by apapadimitropoulos

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Payment of rent in good faith to a non-beneficiary after sale of the lease or inheritance

When the owner and lessor of a property proceeds with its sale, the person who acquires automatically and completely enters into the legal relationship of the lease. However, it is not excluded that the lessee ignores the sale and continues to pay rents to the previous owner with whom he made the lease, even though he is no longer the lessor and lender [...]

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Reduction of remuneration for improper performance

The right to reduce the consideration due to defective performance of the provision is regulated in the Civil Code, or in special laws outside the Civil Code, piecemeal, i.e. for specific types of contracts. The buyer in the sale, the lessee in the lease and the employer in the works contract have the right to reduce their consideration if the thing sold, the lease or the work shows [...]

Irregular Pledge – A Reapproach

According to the holding opinion, when a pledge is provided on replaceable (and especially consumable) things, such as cash, precious metals, anonymous securities, the lender acquires the ownership of the things, which the pledgor correspondingly loses. In this case it is traditionally referred to as an "abnormal pledge". In this study, the legal nature of the abnormal lien is examined and it is accepted that [...]

Spouse's property management - General rules and deviations

Article 1399 § 1 AK constitutes a rather anachronistic regulation, which is not smoothly integrated into modern legislative perception of spouses' assets. If it were implemented without restrictions on the basis of its letter, it would largely lead to alienation of the wife (E) from his property. Because it would be deprived of no […]

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Article 907 of the Civil Code - Purpose and function

Article 907 of the Civil Code constitutes a "misunderstood" provision, which has been criticized as few in the civil code. Nevertheless, the analysis of its purpose and function highlights its key role in preventing unethical transactions in addition to the equally key provision of Article 178 of the Civil Code. Both deny the protection of the rule of law in […]

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Provision of security interest on restricted shares pursuant to Article 43 of Law 4548/2018

The present study examines the question of whether the restrictions on the transfer of shares set by the articles of association of a limited company pursuant to Article 43 of Law 4548/2018 also cover the provision of security over the shares in the form of either a pledge or a security (trust) transfer. In case of an affirmative answer, the owner of the restricted shares is not allowed to set up security over them [...]

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