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Civil law
The law governing relations between private individuals: contracts, property, family and succession matters.
What we handle
Civil law is the broadest area in the firm’s day-to-day practice. Below are the matters we handle, with a brief explanation of what each one means.
- Contract law — Drafting and reviewing private agreements, negotiating terms and providing support when a contract is not honoured — from an extrajudicial notice to an action for performance or damages.
- Property transfers and leases — Title and encumbrance searches before a purchase, drafting of preliminary agreements and leases, attendance at the signing of the contract and support in disputes arising from a lease.
- Property law — actions for recovery, possessory actions, neighbour law — Cases concerning ownership and possession of real property: an action for recovery to have the property returned to its owner, possessory actions to protect actual control, and disputes over boundaries and nuisance under neighbour law.
- Family law — divorce, parental responsibility, maintenance — Divorce by consent and contested divorce, arrangements for parental responsibility, custody and contact, as well as claims for spousal or child maintenance.
- Succession law — acceptance and renunciation of an inheritance — Acceptance of an inheritance and its registration, declaration of renunciation, publication of a will and questions of the forced share among the heirs.
Frequently asked questions
General answers to what we are asked most often. Your own case requires examination of the documents.
01What is renunciation of an inheritance and when does it take place?
It is the heir’s declaration that they do not accept the inheritance, filed with the registry of the competent court. Because an heir also succeeds to the deceased’s debts, renunciation is used mainly where the liabilities exceed the assets.
The law lays down a specific deadline running from the moment the heir learned of the devolution and of its cause. If the deadline passes without a declaration, the inheritance is deemed accepted, which is why this matter cannot be delayed.
02What is the difference between an action for recovery and possessory actions?
An action for recovery is brought by the owner of the property and seeks recognition of ownership and the return of the property from anyone holding it without a right. It requires proof of ownership, usually through a chain of title deeds.
Possessory actions protect possession itself, that is the actual control of the property, regardless of who the owner is, and follow a faster procedure. In practice the choice depends on what can be proved with the available documents.
03When can a divorce be granted by consent?
When both spouses agree to dissolve the marriage and settle by written agreement the matters concerning any minor children: parental responsibility, custody, contact and maintenance.
The agreement is signed by the spouses and their attorneys and is followed by a notarial deed. If agreement is lacking on even one of these points, the case follows the contested route.
04What must be checked before buying a property?
A title search is carried out at the land registry or the cadastral office, in order to confirm the unbroken chain of ownership and to identify encumbrances such as mortgages, prenotations, seizures or claims.
The planning status of the property, any legalisations and the certificates required for the transfer are also checked. This is done before any deposit is paid or a preliminary agreement is signed, not afterwards.
05Can the landlord increase the rent or terminate the lease whenever they wish?
No. The terms of the lease apply first and the law thereafter. Rent is adjusted in the manner provided for in the contract, while termination is permitted in the cases laid down by law or by the contract — typically where the tenant defaults.
In any event, recovery of the premises requires court proceedings. The landlord cannot evict the tenant by their own action.
Related articles
Texts by the firm on changes that directly concern this particular area.
Talk to us
Describe your case to us briefly and tell us which documents you have available. We will tell you what the law provides and what procedures exist.
Hours: Monday – Friday 09:00–19:00 · by appointment and also via Google Meet · info@aklawoffice.gr
The text on this page is general information and does not constitute legal advice on a specific case. See also our Privacy Policy.
Other practice areas
Cases rarely belong to a single practice area. See what else the firm handles.
AREA 02
Interim measures
- Interim judicial protection and urgent proceedings.
AREA 03
Maritime law
- Shipping companies, pleasure craft and vessel transfers.
AREA 04
Land registry law
- Correction of entries, review of records, objections.