FAMILY ISSUES |
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FAMILY ISSUES
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Divorce
Initially, there are two ways to resolve a marriage (religious or political): consensual divorce and adversarial divorce. Consensual divorce is the smoothest and fastest version of a solution. There is no longer any involvement of the court. The ex-spouses, represented by both his lawyers, negotiate a private marriage contract and family law issues related to the custody, maintenance and communication of the minor children. This agreement is signed by the contracting parties-ex-spouses and ratified by the secretary of the Magistrates' Court of their residence. After the expiration of the legal deadline of 10 days, the notary issues the consensual act of divorce. In case of a religious marriage, the process of its spiritual dissolution is additionally followed by its registration in the Diocese, to which its parish belongs.
In any case (religious or political marriage), the corresponding notarial deed of consensual dissolution must be legally and timely registered with the competent Registry. Controversial divorce, on the other hand, means going to court with an action. There are two legal bases for this lawsuit, on the one hand, the two-year dimension of the spouses, which essentially presupposes the dissolution of their marriage, if it proves, and on the other hand, the invocation of a strong shocking reason that makes it impossible to continue the marital cohabitation of the spouses.
Our office, having the relevant experience, always guided by the interest of the minor children and the avoidance of further straining of the relations, can represent you at every stage of out-of-court negotiation for the regulation of respective issues and their legal claim.
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Infringement of paternity of a child
The status of a child born in wedlock can be challenged in court and therefore the presumption of paternity can be overturned if it is proved that the mother did not conceive by the husband or that it was impossible to conceive by him due to incapacity, lack of physical The result of the insult of paternity is that the child loses the status of a child born in wedlock retroactively from birth. He also loses the kinship ties with his presumed father and his relatives.
In case the process of paternity violation is done by the lover of the mother of the child and an irrevocable court decision is taken that accepts it, then the child is automatically recognized by the court.
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Recognition of paternity of a child
The recognition of a child can be done in two ways: either voluntarily, by drawing up a relevant notarial deed or will, or in court by filing a lawsuit for recognition of paternity. The father can voluntarily recognize as his own the child born out of wedlock, if the mother also consents to it.
In case the mother has died or does not have legal capacity, the recognition process is carried out with the statement of the father. If the father has died or does not have legal capacity, the recognition can be made by the grandparents.
The persons entitled to file a Paternity Award are the child himself, his mother, the minor father of the minor child (in case the mother refuses to give her consent to voluntary recognition), and finally his parents biological father (if he has died or has no legal capacity).
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INHERITANCE |
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INHERITANCE
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Inheritance Law is the part of Civil Law related to the disposition of the property of the deceased-heir. There are two types of inheritance, one by law and one by will. In the first case, the heir died "unwell", ie without a will. This is the inherited inheritance, which is regulated by law, both in terms of the persons of the heirs and in terms of their inheritance shares. In the second case, respectively, there is a will of the deceased, which expresses his will for the distribution of his property and the settlement of heirs. This is the inheritance by will, where everything is regulated according to the will of the disposer-deceased.
Hereditary succession is generally characterized by universality and immediacy. The term universality means that the heir accepts or rejects the whole of the inherited property, ie the assets (rights, real estate cash, etc.) and its liabilities (liabilities, debts, debts, real estate encumbrances). Next, immediacy means that the inheritance takes place automatically, without the involvement of a third party, since as the law stipulates the inherited property (as a whole, assets and liabilities) is induced to the heir from the time of death of the testator.
The acceptance of an inheritance is procedurally completed through a notarial deed. Essentially, however, it comes from the expiration of the waiver deadline, ie 4 months from the proven knowledge of the death of the heir. For the minor heir, the 4-month waiver starts from the time of their inheritance, ie from the time of the waiver of his parents and a court permit is required to allow the parents, ie the custodians, to waive on his behalf. Otherwise, the 4-month waiver of the minor starts from his adulthood, when he can make an inventory of the inherited property (recording of his assets and liabilities), since for the period that he became an heir until he reaches adulthood he is considered to have accepted it. with the benefit of inventory. For the calculation of these deadlines and their proper procedural processing, the contribution of an active and experienced lawyer is considered necessary.
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The office undertakes:
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Real estate searches |
Settlement of inheritance remuneration procedural issues |
Distribution lawsuits |
Lawsuits of legal fate |
Fictitious acceptance cancellation actions |
Applications for renunciation of minors |
Publication of peculiar wills |
Disclaimers |
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Cadastre |
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Cadastre
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What is the Land Registry?
The Land Registry is the complete registration of all real estate and the rights over them in order to protect and secure them.
The cadastre in Greece is done gradually and therefore becomes important.
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How should one act when he has real estate in Greece?
Property owners or their representatives should contact the competent office of the cadastral area immediately. It is important that this action is done within the deadline, which is made public and communicated in a timely manner to the citizens by any possible means (eg television advertising, print media, personal message of the online platform mytaxis, etc.). Timely registration ensures the avoidance of any possible fine of the state, which may be imposed in case of late submission of the relevant declaration. In the event of a long-term expiration of the relevant cadastral deadline, every right holder of a property right runs the risk of declaring his relevant right only through the courts, which entails higher costs and longer completion time. It is especially important to complete the registration process correctly, in order to declare all the rights in accordance with the existing property titles. In case, after an inspection, any defect is found (title problem, non-completion of inheritance procedures, usufruct issues, real estate distribution) it must be corrected at the present stage - cadastre, so that the further procedure can follow correctly. Incorrect entry results in a longer, more expensive and more time consuming correction process. Let us not ignore the possibility of infringing the relevant property rights by third parties who claim the same property or part of it, and at the same time make a statement in their favor. Furthermore, in case all the deadlines for overdue declaration of the right or its court registration expire, the property is registered as the property of the Greek State. For the above reasons, the assistance of a lawyer is necessary, who can, having only the appropriate scientific knowledge, undertake the execution of such procedures, the control and prevention of costly and time-consuming errors! |
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Who is Obliged to Declare?
Every natural or legal person who owns a right to real estate must submit a declaration of registration in the National Land Registry. It concerns any real right (full ownership, small ownership or usufruct). In addition to the aforementioned rights, encumbrances on real estate (notes, mortgages), related works (eg passage), foreclosures and pending auctions are registered in the National Land Registry. In short, a complete "identity" of the legal status of each property is formed as well as its real description accompanied by its precise geolocation, determination of its area and boundaries.
Our office with diligence, attention and experience, takes care of your case, in order to properly declare your property and ensure your rights to them.
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REAL ESTATE |
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REAL ESTATE
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The integrity of real estate is often endangered by malicious actions of third parties who in various ways try to appropriate it or even by the often unconscious indifference of the owners themselves, believing that simply a title makes their property rights unshakable. These are cases where although there is a legal title deed, there is a long absence of physical authority from the rightful owner. On the other hand, there are also the opposite cases, ie the absence of a legal property title but the existence of a long-term real situation of possession of the property and execution on it of all the transactions that characterize a real owner. When considering problematic cases that need legal assistance we should not ignore the weakness (eg due to strong disagreements, conflicting interests, etc.) or the difficult management (eg due to many heirs or co-owners in general) of common property. Dealing with these situations requires immediate judicial protection of the infringed rights or, respectively, the execution of the necessary legal actions to secure them.
In addition to the above requirements to which our office can meet promptly and efficiently, we can also assist in your interest in any purchase and sale of real estate you wish, carrying out the necessary check on title deeds and the general legal and real situation of the property. Our goal is to complete a secure transaction in the most convenient and economical way, avoiding any charges for you. Our presence is important and will prove to be beneficial for you, both at the stage of negotiation and the conclusion of the respective contract.
Finally, in the context of concluding loan agreements with both banking institutions, as usual and rarely with individuals, the real estate is agreed to be encumbered with collateral (promissory note, mortgage) to secure the monetary claims of the lenders. Both during the stage of registration of the respective encumbrances and during the stage of their removal-elimination after the repayment of the relevant loan amounts, our office can represent you and execute all the necessary legal and administrative process for their successful completion.
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Investigation of legal status of real estate-negotiation stage of purchase and sale |
Claims |
Identification lawsuits |
Precautionary measures |
Registration and deletion of notes |
Real Estate Distribution |
Compensation lawsuit |
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TRANSLATIONS AND VALIDATIONS |
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TRANSLATIONS AND VALIDATIONS
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Translations of Public and Private Documents
The European presence of our country and the globalized nature of the economy increased the need for translation of documents. From the simplest foreign language degree, as proof of educational qualification to the translation of a personal administrative document (eg an Albanian family certificate, etc.) a certified translation is required. The certified translation by a lawyer gives full legal force to your document. Accurately captures its content and ensures its submission as a valid document to all public and private bodies and organizations, such as universities, registries, tax offices, ASEP, ministries, etc.
Our office prepares and delivers you with consistency, speed and reliability Official Translations of all kinds.
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Public documents |
Higher education qualifications |
Postgraduate and Doctoral degrees |
Detailed scores |
Certificates of Studies |
High school diplomas |
Administrative documents (Certificates of Birth, Marriage, Death, Marital Status, etc.) |
Support documents ASEP-State |
Passports |
Driving licenses and licenses |
Medical documents, certificates |
Professional licenses |
Court decisions, criminal records, court certificates |
Tax documents of all types |
Administrative correspondence |
Private documents |
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Lawsuits |
Contracts |
Agreements |
Language courses |
Wills |
Utility accounts |
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Stamp of The Hague - Apostille |
According to the corresponding Hague Convention (signed 5.10.1961), the obligation of diplomatic or consular ratification of foreign public documents between the contracting states was abolished. The special stamp of The Hague - Apostille is issued on public documents drawn up in the territory of one Contracting State and must be presented in the territory of the other Contracting State, certifying the authenticity of the relevant documents. |
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The following are considered as public documents, and therefore receptive to the seal: |
documents originating from an authority or civil servant of a State judicial body, including documents originating from the public prosecutor, court clerk or bailiff |
administrative documents |
the notarial documents |
official certificates, such as registration certificates, visas for a certain date and signatures validated in a private document |
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In Greece, the competent Services for the issuance of the Stamp of The Hague (Apostille) are: |
1. DECENTRALIZED ADMINISTRATIONS: Regarding public administrative documents of the public civil services of the prefecture that are not contained in the competence of the elected district, the documents of the legal persons of the public law (N.P.D.D.), and the documents of the local first-degree local authorities and registries. |
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2. REGIONS: Regarding documents of the services of the region. |
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3. COURT OF FIRST INSTANCE: As regards court documents.
The countries that have signed the Hague Convention: Ag. Marinos, Ag. Mauritius, Azerbaijan, Andorra, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Belgium, Venezuela, Bosnia and Herzegovina, Bulgaria, France, Germany, Grenada, Elven, Denmark, Elven, Denmark , USA, Japan, India, Ireland, Ecuador, Iceland, Spain, Israel, Italy, Kazakhstan, Colombia, Croatia, Korea, Cyprus. to be used in Greece), Lesotho, Latvia, Belarus, Liberia, Liechtenstein, Lithuania, Luxembourg, Macao, Malawi, Malta, Mexico, Moldova, Monaco, Barbados, Bahamas, Belize Botswana, N Buzuana N, Cook, Marshall Islands, Niue, Norway, South Africa, Netherlands, Honduras, Hungary, Ukraine, Panama, Poland, Portugal, Romania, Russia, Saint Kitts and Nevis, Saint Lucia, Samoa, Sevlo, Serbia Swaziland, Sweden, Suriname, Tonga, Turkey, Trinidad and Tobago, Czech Republic, Finland, Fiji, Hong Kong.
The above countries recognize as valid the Greek documents bearing the Hague note (Apostille). However, those countries not mentioned above do not recognize as valid the Greek documents bearing the Hague note (Apostille) and the ratification of the documents to be used in these countries should be done by the Consular Authority of each country in Greece. Also, the documents that will be used in Greece and that come from countries that are not mentioned in the above table, must be validated by the Greek Consular Authority that operates in these countries.
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RENTAL DIFFERENCES |
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EXTRAJUDICIAL |
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EXTRAJUDICIAL
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Out-of-court settlement is the most formal way of extrajudicial harassment or summons to resolve a dispute. It is a document communicated by a natural or legal person to another through a bailiff. This proves that the recipient has been formally informed of a situation which he is called upon to deal with or remedy, an action which he is called upon to take or an act which he is obliged to omit in the future. The content of the out-of-court settlement is different in each case and depends on the nature of the case. In fact, in some cases (such as the issuance of a rent order) it is the required legal pre-trial for the legality of the judicial action followed. While in others (eg during the seizure and pending auction or respectively during the liquidation stage of the company) it is the basic legal means of claiming and announcing monetary claims (claim declaration). |
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PRIVATE CONTRACTS |
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PRIVATE CONTRACTS
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Private contracts reflect the exact content of the agreement of the parties ensuring their rights. In short, the document is evidence of the respective agreement. Its importance is revealed at the moment of claiming claims arising from a private agreement and then it must be precise, clear and legal. The freedom of private will gives the parties great scope for shaping the content of a private contract. However, its wording, in order to accurately reflect the content of the agreement, to comply with applicable law and to provide as many safeguards as possible for the interests of the parties, requires the assistance of a lawyer with knowledge and experience. In particular, the legal contribution becomes important both during the negotiation stage and during the drafting of the contract and possibly later during its interpretation. Our office always undertakes, guided by the interests of its representative, the preparation of all types of private agreements, such as: |
Mortgage |
Debt recognition |
Debt settlement |
Assignment |
Leasing of homes and businesses |
Christidaneiou |
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