Κατεύθυνση Πολιτική Δικονομία
Library of the School of Law

2018-03-19

2018

Giannakakis Ioannis

Νικόλαος Κατηφόρης, Επίκουρος Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Κωνσταντίνος Πολυζωγόπουλος, Αναπληρωτής Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Ιωάννης Δεληκωστόπουλος, Επίκουρος Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ

Δεδικασμένο περί προδικαστικών ζητημάτων

Greek

The extension of res judicata to pre-judicial issues

The subject of this master thesis is the extension of res judicata to the pre-judicial issues of the case as stipulated in Article 331 of the Code of Civil Procedure (the “CCP”), which constitutes a novelty of the Greek law when compared to other European jurisdictions. Initially, the thesis will examine the historical evolution of this provision in Greece, starting from the first relevant case law which gradually paved the way for the introduction of Article 331 CCP. The thesis proceeds to the examination of this provision in parallel with the relevant provisions of German law, which stipulates that each of the parties has the right to submit a petition for an interlocutory declaration (Zwischenfeststellungsklage). The central part of this study revolves around the exact meaning of “pre-judicial issues”, in order to distinguish them from related concepts. Such an analysis is necessary and allows the thorough examination of the two conditions imposed by Article 331 CCP for the extension of the res judicata to the pre-judicial issues of the case, namely: (a) The existence of a "condition sine qua non" link between the pre-judicial issues and the principal matter of the case; and (b) The ratione materiae jurisdiction of the court on such pre-judicial issues. Particular emphasis is placed on the exact notion of the "condition sine qua non" link as required under (a) above. The author presents his view on this point after having thoroughly examined the interpretation given to this provision by relevant case law and leading scholars in the theory. This thesis concludes by analysing the exceptions from Article 331 CCP provided for in the applicable regulatory framework as well as its application to certain specific categories of disputes (employment disputes, tort, lease disputes, etc.) in light of the case law and the recent legislative amendments introduced by the law of 4335/2015.

Law and Legislation

Civil Procedure

Civil Procedure, Res judicata, Pre-judicial issues, Pre-litigation issues, Petition for an interlocutory declaration, Zwischenfeststellungsklage, Ratione materiae jurisdiction.

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https://pergamos.lib.uoa.gr/uoa/dl/object/2704685