News

On Thursday, 27 November 2025, the Hellenic Association of Civil Law Scholars will hold an event on the topic “Agreements among co-owners for the exploitation and partition of jointly owned property.”

The specific subject of Paraskevi Georgaki’s presentation will be “The Lease of Jointly Owned Property.”

For more information about the event, please visit:
https://www.enas.gr/announcements

In the March 2025 issue of the Chronika Idiotikou Dikaiou (Chronicles of Private Law), a comment on Supreme Court decision No. 584/2024 by Paraskevi Georgaki is published. The Court ruled, among other things, that a reverse financial leasing (sale and lease back) agreement entails for the lessee (the transferor) the risk of permanently losing the asset (usually real estate).

In particular, if the lessee—having liquidated their property to secure financing—fails to pay the rent, the leasing company may terminate the lease agreement and evict the lessee from the leased property. Moreover, the leasing company is, in principle, entitled not only to recover possession of the leased asset but also to claim both overdue and future lease payments, pursuant to a contractual clause typically included in such agreements.

Nevertheless, it should not be overlooked that such a clause constitutes a penalty clause against the debtor and must therefore be examined as to whether it is excessive or whether the leasing company’s right is exercised abusively.

For more details and commentary on the decision by P. Georgaki:
https://www.sakkoulas.com/chronika-idiotikou-dikeou/areios-pagos-584-2024-pol/

In the November 2024 issue of Chronika Idiotikou Dikaiou (Private Law Review), Paraskevi comments decision No. 1464/2023 of Areios Pagos (Greek Supreme Court). The Court ruled for the first time on the issue of consent to artificial insemination provided by a man who is neither the husband nor the partner of the mother, but maintains only a close friendship with her.

The issue had been discussed in legal theory, but the prevailing theoretical position was not adopted by the Supreme Court. Instead, the Court ruled that the provided consent was invalid, as it was contrary to the law (article 174 of the Greek Civil Code), and the mother invoking this invalidity was not exercising her rights contrary to good faith. In any case, it was held that the biological father retains the right to judicial recognition of his child, as his legal status is different from a third-party donor.

For more details and commentary on the decision by P. Georgaki, visit: https://www.sakkoulas.com/nomologia/areios-pagos-1464-2023-pol/

The Piraeus Court of Appeal issued recently Decision No. 280/2024, which ruled on the use of a video surveillance system by the mother, who has custody, during the father’s communication with their child. The communication took place at the home of the mother’s sister. As ruled, this video surveillance constituted an invasion of privacy and established a claim for financial compensation for moral damages on the part of the father.

Specifically, the Court concluded, among other considerations, that such a restriction on the right to communication had not been provided for in the temporary court order, there was no risk of abusive behaviour by the father toward the child, and the father had not been accused of any crimes against property that would justify the surveillance as an exception. Furthermore, the fact that the video surveillance system was installed in a space owned by a third party and served their own needs for protection and security did not mean that this interference with the parent’s privacy, who was exercising the right to communication, occurred in the context of a right deemed of greater importance. This is because the two rights are of a different nature and, in principle, do not conflict with each other.

Finally, the Court ruled that the father did not tacitly consent to the video surveillance, as he opposed the decision of the mother, who had custody, and he subsequently exercised the available legal remedies. The mere fact that the father did not interrupt his communication with the child did not lead to the conclusion that there was general consent to the recording of his communication with his minor child.

In contrast, the Court accepted the existence of tacit consent on the part of the plaintiff, thus ruling that his privacy was not violated in the case where the mother, who had custody, made a single recording of the father’s video call with the child via Skype application. In this case, it was concluded that “undoubtedly the action of the first defendant is reprehensible, yet the mild reaction of the plaintiff after learning about the recording of his communication shows that this act by his then estranged wife was not sufficiently serious to infringe upon his privacy, as he did not evaluate it as particularly significant at that moment, as opposed to future actions by the first defendant,” given that “although he realised the recording and informed the first defendant, he did not disconnect the call and continued exercising his right to communication.”

The full decision is available here: https://www.efeteio-peir.gr/?p=12723

The Association of Civil Law Lawyers and the Kalamata Bar Association are organizing the 15th Panhellenic Conference of the Association of Civil Law Lawyers on the topic: “The Law of Sales, particularly in light of modern technological developments.”

The conference will take place on Friday and Saturday, May 24–25, 2025, at the Workers’ Center of Kalamata.

For more information: https://www.enas.gr/

According to the recent social security law no. 5078/2023, the maternity protection allowance has been extended to non-salaried workers. This extension applies retroactively, namely it applies to mothers who gave birth up to 14 weeks before the end of 2023, specifically from September 24, 2023, onwards.