Category: Άρθρα (Page 1 of 3)

«Matrimonial property regimes under Greek law and common practice, Greece» by Haroula Constandinidou, International Family Law Journal, 2017, Issue 3

«Matrimonial property regimes under Greek law and common practice, Greece» by Haroula Constandinidou, International Family Law Journal, 2017, Issue 3

According to the Greek law there are two systems regulating the property relations of the spouses: The system of property independence (system of separation of property art. 1397, 1400-1402 of the Greek Civil Code) and the system of community property (art. 1403-1416 CC).

Funding of the Hague Child Abduction Convention cases, Greece

«Funding of the Hague Child Abduction Convention cases, Greece» by Haroula Constandinidou, International Family Law Journal, 2017, Issue 1

The services provided by and through the central authority of each state in relation to applications submitted under the Hague Child Abduction Convention are free of charge (Article 26, Hague Child Abduction Convention). However, a contracting state may make a reservation under Article 42 regarding any costs incurred for legal counsel or advisers or for court proceedings, except insofar as those costs can be covered by its system of legal aid and advice. When Greece ratified the Hague Child Abduction Convention it made the above reservation as regards the costs (Article 1, Law 2102/1992 pertaining to ratification of the International Convention on the Civil Aspects of International Child Abduction). However, until mid-2013, all the requests regarding children under 16 years of age who had been wrongfully removed to Greece, were delivered by the Ministry of Justice, Transparency and Human Rights and were forwarded immediately to the Central Office of the State Legal Council which appointed one of the State lawyers to represent the requesting parent, free of charge, before the Greek courts. Since mid-2013, there is no such possibility. Each parent can only make use of legal aid, which is available in Greece under Law 3226/2004, provided the following prerequisites are met: According to the above law, legal aid is granted to all citizens of the European Union as well as to citizens of third countries who: 1)Have a legal permanent or habitual domicile in the European Union (only for citizens of third countries). 2) Have an annual family income which does not exceed two thirds of the lowest annual personal income provided by the National General Collective Working Agreement. The application must be supported by several certificates from state authorities evidencing the financial situation of the applicant and has to be submitted at least fifteen days before the trial for the award of legal aid. If successful, the applicant is granted legal aid covering all levels of jurisdiction including enforcement of any resulting order.

 

«New Law allowing same sex cohabitation agreements» by Haroula Constandinidou and Ioanna-Natalia Stavropoulou, Greek Law Digest, Nomiki Bibliothiki – published 2016, 2nd edition

«New Law allowing same sex cohabitation agreements» by Haroula Constandinidou and Ioanna-Natalia Stavropoulou, Greek Law Digest, Nomiki Bibliothiki – published 2016, 2nd edition

International Relocation Guide 2016: «International Relocation of children law in Greece » by Haroula Constandinidou and Konstantinos Stavropoulos, Practical Law Global, Thomson Reuters – published 2016, 1st edition

International Relocation Guide 2016: «International Relocation of children law in Greece » by Haroula Constandinidou & Konstantinos Stavropoulos, Practical Law Global, Thomson Reuters – published 2016, 1st edition

«Precipitating the award of justice in Greece» by Haroula Constandinidou, International Family Law Journal, December 2015, Issue 4

«Precipitating the award of justice in Greece» by Haroula Constandinidou, International Family Law Journal, December 2015, Issue 4

New regulations are introduced in the Greek Code of Civil Procedure aiming to the precipitation of the award of justice without sacrificing the need of rendering a correct and fair court decision (by virtue of the recent Law 4334/23.7.2015 which will enter into force in Greece on 1 January 2016.

«On the road to same-sex cohabitation agreements» by Haroula Constandinidou, International Family Law Journal, December 2015 edition, Issue 3

«On the road to same-sex cohabitation agreements» by Haroula Constandinidou, International Family Law Journal, December 2015 edition, Issue 3

New legislation regulating cohabitation agreements in Greece, including same-sex couples.

«Divorce dans le monde – Grèce» by Haroula Constandinidou and Konstantinos Stavropoulos, French legal journal «Actualite’ Juridique Famille», November 2015 edition, Dalloz

«Divorce dans le monde – Grèce» by Haroula Constandinidou and Konstantinos Stavropoulos, French legal journal «Actualite’ Juridique Famille», November 2015 edition, Dalloz

«Fair is foul – A questionnaire on international family law – GREECE» by Haroula Constandinidou and Konstantinos Stavropoulos, during the Taormina – September 2015 IAML Conference

«Fair is foul – A questionnaire on international family law – GREECE» by Haroula Constandinidou and Konstantinos Stavropoulos, during the Taormina – September 2015 IAML Conference

Family Law – Chapter for Greece by Haroula Constandinidou and Konstantinos Stavropoulos, Third edition 2015, A Global Guide from Practical Law, Thomson Reuters

Family Law – Chapter for Greece by Haroula Constandinidou and Konstantinos Stavropoulos, Third edition 2015, A Global Guide from Practical Law, Thomson Reuters

Family law in Greece: overview
Resource type: Country Q&A
Status: Law stated as at 01-May-2015
Jurisdiction: Greece
A Q&A guide to family law in Greece.
The Q&A gives a high level overview of key issues including jurisdiction and conflict of law; pre- and post-nuptial agreements; divorce, nullity, and judicial separation; children; surrogacy and adoption; cohabitation; family dispute resolution; civil partnership/same-sex marriage; and controversial areas and reform.
To compare answers across multiple jurisdictions visit the Family Country Q&A tool.
This Q&A is part of the global guide to Family law. This contribution, in its original form, first appeared in Family Law (2nd edition), General Editor James Stewart of Penningtons Manches LLP. Family Law was published in association with the International Academy of Matrimonial Lawyers.

Contents
Jurisdiction and conflict of law, Regulatory framework, Jurisdiction, Domicile and habitual residence, Conflict of law, Pre- and post-nuptial agreements, Validity of pre- and post-nuptial agreements, Divorce, nullity and judicial separation, Recognition of foreign marriages/divorces, Divorce, Finances/capital and property, Finances/maintenance, Child maintenance, Reciprocal enforcement of financial orders, Financial relief after foreign divorce proceedings, Children, Custody/parental responsibility, International abduction, Leave to remove/applications to take a child out of the jurisdiction, Surrogacy and adoption, Surrogacy agreements, Adoption, Cohabitation, Family dispute resolution, Mediation, collaborative law and arbitration, Civil partnership/same-sex marriage, Controversial areas and reform

Contributor profiles
Haroula Constandinidou-Stavropoulou, Senior Partner
Konstantinos Stavropoulos, Partner

http://uk.practicallaw.com/3-571-0094?q=3-571-0094#

«Judicial mediation» by Haroula Constandinidou – International Family Law, December 2014 edition

Judicial Mediation was introduced in Greece by Law 4055/2012 on “Due Process and reasonable duration thereof” adding article 214B in the Greek Code of Civil Procedure («CCP»). Pursuant to this article, private law disputes can -if the parties mutually agree- be resolved alternatively by use of Judicial Mediation at any stage of or before the Litigation action.

Judicial Mediation could serve both parties’ best interests as it is quick and cost effective. Further, the Minute constitutes an enforceable title. Judicial Mediation will also be of benefit to the parties because it is conducted in flexible and simple terms and it is confidential.

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