Tort law at Greece
Tort law in Greece is primarily governed by the Greek Civil Code, which outlines the principles of extracontractual (tort) liability. The key provisions are found in Articles 914 to 937, which establish the framework for determining liability for civil wrongs that cause harm to others.
Key Elements of Tort Liability in Greece
Under Article 914 of the Greek Civil Code, an individual is liable for damages if they intentionally or negligently cause harm to another person. The essential elements required to establish tortious liability are:
Unlawful Act or Omission: The defendant must have committed an act or omission that is prohibited by law.
Fault or Negligence: The defendant must be at fault, either intentionally or through negligence.
Damage: The plaintiff must have suffered actual harm or loss.
Causal Link: There must be a direct connection between the defendant's unlawful act and the plaintiff's damage.
All these elements must be present simultaneously for a tort claim to be valid.
Types of Fault
Greek law distinguishes between different degrees of fault:
Simple Negligence: Occurs when an individual fails to exercise the care that a reasonable person would in similar circumstances.
Gross Negligence: Involves a significant deviation from the standard of care, indicating a serious disregard for the consequences of one's actions. While not explicitly defined in the Civil Code, it is inferred from the combined application of Articles 330, 332, and 334, and is subject to judicial interpretation.
Statute of Limitations
Tort claims in Greece are subject to specific limitation periods:
Five-Year Limitation: Claims must be filed within five years from the date the injured party became aware of the damage and the identity of the person liable for compensation.
Twenty-Year Limitation: Regardless of awareness, claims are barred after twenty years from the occurrence of the tortious act.
These periods are subject to interruption and suspension under certain conditions, such as the filing of a lawsuit or acknowledgment of the debt.
Vicarious Liability
Greek law provides for vicarious liability, holding employers responsible for the torts committed by their employees during the course of employment. This principle ensures that victims can seek compensation even when the direct wrongdoer is unable to pay.
Consumer Protection and Product Liability
Under Law 2251/1994, which transposes EU Directive 85/374/EEC, producers are strictly liable for damages caused by defective products. Consumers are not required to prove fault; they only need to demonstrate that the product was defective and caused harm. Additionally, claims against producers are subject to a three-year limitation period from the date the consumer became aware of the damage, defect, and identity of the producer.
Conclusion
Greece's tort law framework, as outlined in the Civil Code, provides a comprehensive system for addressing civil wrongs outside contractual obligations. With principles rooted in fault-based and strict liability, exceptions to liability, and considerations of public policy, the legal system aims to ensure fair compensation for victims while holding wrongdoers accountable.
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