Civil Laws at Georgia
Greece operates under a civil law system, which means its legal framework is primarily based on codified laws, rather than judicial precedent. The foundational piece of civil legislation is the Greek Civil Code (Astikos Kodikas), which came into effect in 1946. It was significantly influenced by the German Bürgerliches Gesetzbuch (BGB) and also drew inspiration from French, Swiss, and Italian civil codes.
The Greek Civil Code is divided into five main books:
General Principles: Covers general rules applicable across civil law, including provisions related to natural and legal persons, legal capacity, and general principles of legal acts.
Law of Obligations (Contract Law): Deals with the general principles of obligations arising from contracts, quasi-contracts, and torts, as well as specific types of contracts.
Law of Property: Regulates ownership, possession, and various real rights (e.g., easements, usufruct, mortgages).
Family Law: Covers marriage, divorce, parent-child relationships, adoption, and related matters.
Law of Succession (Inheritance Law): Governs the transfer of assets upon death, including wills and intestate succession.
Here's a closer look at key areas of civil law in Greece:
1. Family Law:
Greek family law, primarily found in Book 4 of the Civil Code, has undergone significant reforms to promote gender equality, notably in the 1980s.
Marriage:
Minimum age for marriage is 18 for both sexes.
Marriage can be civil or religious. Civil marriage has been legally recognized since 1982 and offers the same legal effects as religious marriage.
Same-sex marriage is legal in Greece as of February 2024.
The primary matrimonial property regime is community of acquests, meaning assets acquired by either spouse during the marriage (with some exceptions) are presumed to belong to both. Upon divorce, there's a right to claim contribution to accrued gains. Spouses can opt for a separate property regime through a prenuptial agreement.
Civil Partnership (Symfono Symviosis): Recognized for both heterosexual and same-sex couples, offering many of the same rights as marriage, though not explicitly defined as marriage.
Divorce:
Mutual Consent Divorce: The fastest way, requiring a written agreement between spouses (signed in the presence of lawyers) that also regulates child custody and alimony if there are children. This is typically finalized before a notary public.
Contested Divorce: When there's no mutual agreement, a court determines the divorce and related matters.
Parental Responsibility and Child Custody:
The law prioritizes the best interests of the child.
Both parents generally have joint parental responsibility, encompassing decisions about the child's education, health, and upbringing.
Physical custody (where the child lives) is determined by agreement or court order.
Visitation rights for the non-custodial parent are guaranteed.
Greek courts have jurisdiction if the child is a Greek citizen, if one or both parents are Greek, or if the child resides in Greece.
Child Support: Both parents have a legal obligation to support their children.
2. Property Law:
State vs. Private Ownership: Both exist, but private ownership is widely recognized and protected.
Real Estate Acquisition by Foreigners:
EU/EEA/Swiss Citizens: Can acquire property in Greece under the same conditions as Greek citizens, with no special restrictions.
Non-EU/EEA Citizens: Can also buy property in Greece.
Restricted Zones: For properties in "border regions" or "military zones" (e.g., certain Aegean islands, parts of northern Greece), non-EU citizens need a special permit from the Ministry of National Defence. This process can take a few months, but permits are usually granted unless there are serious national security concerns.
Unrestricted Zones: For properties outside these zones (e.g., Athens, most of the mainland, popular islands like Mykonos, Santorini), non-EU citizens can purchase without any special permits.
Golden Visa Program: Greece offers a residency-by-investment program ("Golden Visa") for non-EU citizens who invest in real estate. As of 2024, the minimum investment is €800,000 for Athens, Thessaloniki, Santorini, or Mykonos, and €400,000 for other areas (with a €250,000 option for certain restoration projects). This grants residency and Schengen travel.
Acquisition Process:
Tax Identification Number (AFM): All buyers (including foreigners) need a Greek tax number.
Bank Account: A Greek bank account is necessary for transactions.
Lawyer: A lawyer is highly recommended and practically essential, as they conduct legal due diligence (checking titles, debts, permits) and can represent the buyer remotely with a Power of Attorney.
Notary Public: All real estate sale agreements must be executed before a Public Notary and then registered with the Land Registry (Ktimatologio) to transfer legal title. The notary acts as an impartial state official, ensuring legality.
Taxes and Fees: Buyers generally pay a property transfer tax (3.09% for resale properties, or 24% VAT for new construction if applicable) plus notary fees, registration fees, and legal fees.
3. Contract Law:
Book 2 of the Civil Code lays out the general principles.
Freedom of Contract (Autonomy of Private Will): A cornerstone principle, allowing parties to largely determine the terms of their agreements.
Good Faith (Bona Fides): A fundamental principle requiring parties to act honestly and fairly in all stages of a contract, from negotiation to performance. Courts can interpret contracts and even adjust obligations based on good faith and common usages.
Pacta Sunt Servanda: "Agreements must be kept" – contracts are legally binding.
Offer and Acceptance: A contract is formed when a clear offer is accepted unequivocally.
Capacity: Parties must have the legal capacity to enter into contracts (generally 18 years old for full capacity).
Legality: The contract's purpose and object must be lawful.
Form Requirements: The general rule is that contracts are not subject to specific formalities (Art. 158 Greek Civil Code), meaning oral contracts can be valid. However, for certain important transactions (e.g., real estate, company formation), written form or a notarial deed is legally required for validity or enforceability against third parties.
Remedies for Breach: Include specific performance, damages, and termination.
Consumer Protection: Strong consumer protection laws, influenced by EU directives, often limit freedom of contract to protect consumers from unfair terms.
4. Tort Law (Civil Liability for Damages):
Primarily governed by Articles 914-938 of the Civil Code.
Fault-Based Liability (Culpa): The general principle is that a person who unlawfully and culpably (with intent or negligence) causes damage to another is liable for compensation (Art. 914 Civil Code).
Unlawful Act/Omission: An act that violates a legal duty.
Culpability: Intent (dolus) or negligence (culpa). Negligence is generally objective, based on the care a reasonable person would exercise.
Damage: Actual harm suffered.
Causal Link: A direct link between the unlawful act/omission and the damage.
Strict Liability: The Greek Civil Code also provides for strict (objective) liability in specific cases, where fault does not need to be proven (e.g., liability for damages caused by hazardous operations, certain animals, or product liability, though the latter often involves a reversed burden of proof for the producer).
Joint and Several Liability: If multiple persons are responsible for the damage, they are generally jointly and severally liable.
Damages: Compensation can cover both pecuniary damages (e.g., financial loss, medical expenses, lost income) and non-pecuniary damages (moral damages, for pain and suffering or emotional distress, awarded at the court's discretion).
5. Inheritance Law:
Book 5 of the Civil Code governs succession.
Sources of Succession: Inheritance can be based on a will (testamentary succession) or by law (intestate succession) if no valid will exists.
Forced Heirship (Legitime): Greece has a system of forced heirship (nomimi moira). Children (or their descendants) and the surviving spouse are entitled to a mandatory share of the estate, regardless of the will's provisions. This forced share is half (1/2) of what they would have received under intestate succession. This significantly limits a testator's freedom to dispose of their entire estate.
Order of Intestate Succession: If there is no will, the Civil Code establishes classes of heirs (descendants, parents and siblings, grandparents and their descendants, great-grandparents, surviving spouse, and finally the State).
Inheritance Tax: Heirs must file an inheritance tax statement. Tax rates and tax-free amounts vary based on the relationship to the deceased and the value of the inheritance. Close relatives often benefit from higher tax-free thresholds.
Acceptance of Inheritance: An inheritance must be formally "accepted" (either expressly or tacitly, but for real estate, a notarized deed registered in the Land Registry is required). Heirs also have the option to renounce the inheritance or accept it "with the benefit of inventory" (limiting liability for debts to the value of the inherited assets).
EU Succession Regulation: As an EU member state, Greece applies the EU Succession Regulation (No 650/2012) for cross-border successions involving EU citizens. This generally means the law of the deceased's habitual residence at the time of death governs the entire succession, unless the deceased validly chose the law of their nationality to apply.
Navigating civil law in Greece, especially for foreigners, often involves interacting with specific national legislation and the nuances of the Civil Code, often requiring the expertise of a Greek lawyer.
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