The entire body of relations between private parties is governed by the provisions of civil law, with the caveat that a wide range of these provisions are of a default (non-mandatory) character, meaning that the parties’ common private will may modify the rules set out by law (with the exception, of course, of mandatory provisions, which private will cannot bypass, as they concern fundamental rules laid down by the legislator).
As a law firm, we deal predominantly with Civil Law and offer our clients the best possible legal support. In every individual branch of civil law, the lawyer who handles your case will honestly and reliably present the available strategies you may pursue, providing appropriate assessments for each option. In this way, you will know exactly what legal position you are in and how to safeguard your interests without being subjected to unnecessary court proceedings.
The civil law lawyers of our office can support you legally in the following areas:
The civil law lawyer deals with property law, the law of obligations, family law, and inheritance law. More generally, Civil Law is the branch of law that regulates disputes between private parties (“citizens”). It forms part of Private Law. In Greece, it is regulated by the Civil Code (AK) and is divided into five parts:
a) the General Principles of Civil Law: this part contains general definitions concerning the whole of Civil Law, such as what a natural and a legal person is, what a declaration of will and a juridical act are, how and when a contract is validly concluded (offer, acceptance, etc.), what the consequences of defects of will are (mistake, fraud, threat), etc.
b) the Law of Obligations regulates obligations, that is, legal relationships under which one person owes a performance to another. Its two main subjects are obligations arising from contract and obligations arising from law. The Law of Obligations regulates the rights and duties of debtor and creditor in respect of a performance, the abnormal development of an obligation (impossibility of performance, default, defective performance by the debtor), the individual contracts, and torts.
c) Property Law (Real Rights) regulates absolute rights over things, such as ownership, possession, usufruct, servitudes, pledge, and mortgage. Property Law defines what these rights are, what their content is, how they are created, how they are transferred, and how they are protected. The real estate and contracts lawyer deals primarily with this branch of law.
d) Family Law regulates matters relating to marriage, the duties and rights of spouses, the dissolution of marriage, parental care over children, the rights and obligations of parents and children, adoption, and matters of maintenance between spouses and relatives.
e) Inheritance Law regulates matters concerning succession, wills, the devolution of the inheritance to the heirs, the forced heirship share, etc. The last two areas are handled by the inheritance and family law lawyer.
The law firm of Dimitrios M. Ziamparas and Associates offers fully specialised legal services in all of the above areas, both at advisory and at litigation level.
- See also the article Purchase of Real Estate
- See also the article SYPOTHA — Unauthorized Constructions
- See also the article Eviction of Tenant
- See also the article Change of First Name or Surname
- See also the article Payment Order
- See also the article Certificate of Inheritance
- See also the article Renunciation of Inheritance by a Minor
FREQUENTLY ASKED QUESTIONS ON CIVIL LAW — LAWYER
1. What exactly does civil law cover in practice?
Civil law governs the entire body of relations between private parties and is divided into five major branches: General Principles, Law of Obligations, Property Law, Family Law, and Inheritance Law. In day-to-day practice, this means that a single case may concern contracts (sales, loans, leases), real estate ownership issues, divorces and maintenance, renunciations of inheritance, payment orders, or torts giving rise to damages. As a rule, most provisions are of a default character, meaning that the parties may agree differently from the law, unless the rules in question are mandatory provisions which cannot be bypassed.
2. What can I do if my rights are being violated?
The available actions depend on the nature of the dispute. In matters governed by the law of obligations, the lawyer serves an extra-judicial notice and, if there is no compliance, files a lawsuit or applies for a payment order. In property disputes, there is the action for recovery of possession, the declaratory action of ownership, actions for dispossession, and interim measures. In family matters, lawsuits for divorce, maintenance, and custody are filed. In inheritance matters, renunciation, action for the forced heirship share, and the issuance of a certificate of inheritance. Before any judicial procedure is initiated, the possibility of settlement or mediation is assessed, which saves time and cost.
3. How long does a civil case last?
The duration depends on the type of procedure and the workload of the court. A payment order is, as a rule, issued within a few weeks. Interim measures are usually heard within two to four months. The ordinary procedure before the Single-Member or Multi-Member Court of First Instance lasts from one to two years until the issuance of a first-instance judgment, while an appeal adds further time. Inheritance and family matters can be concluded more quickly when there is consent. A realistic timetable is set after the initial review of the case file.
4. What documents do I need for my case?
The documents differ depending on the branch. For matters in the law of obligations, contracts, invoices, receipts, extra-judicial notices, bank statements, and correspondence are required. For property matters, title deeds, registration and land registry certificates, topographical diagrams, and E9 tax declarations are gathered. For family matters, marriage and birth certificates, income tax statements, and proof of expenses are needed. For inheritance matters, a death certificate, certificates of next of kin, the will, and certificates of non-renunciation are required. The lawyer will request a specific list after the initial meeting.
5. What chances of success does my case have?
The assessment is made after a careful review of the documents and an examination of the available evidence. Account is taken of case-law, the likely objections of the opposing party, statute of limitations issues, and any defects in the case file. An honest lawyer never promises a certain outcome but realistically presents the strong and weak points of the case, as well as alternative routes. In many cases, an out-of-court settlement yields better results than a court victory, because costs, delays, and the uncertainty of judgment are avoided. The aim is maximum protection of the client with minimum strain.
6. What is the role of the civil law lawyer?
The civil law lawyer analyses the client’s legal situation, evaluates the available strategies, and proposes the optimal solution, guided by the client’s actual interest rather than any inducement to unnecessary court proceedings. They draft contracts, extra-judicial notices, lawsuits, applications, and memoranda, represent the client before the civil courts of all instances, and negotiate with opposing parties. Our office deals predominantly with civil cases across all branches, at both advisory and litigation level, and ensures clear updates at every stage of the case, so that the client knows exactly where matters stand.