Κατεύθυνση Ιδιωτικό Διεθνές Δίκαιο και Δίκαιο Διεθνών Συναλλαγών
Library of the School of Law

2018-03-21

2018

Nikolakopoulou Anastasia

Χαράλαμπος Παμπούκης, Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Ελένη Μουσταΐρα, Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ
Χρυσαφώ Τσούκα, Αναπληρώτρια Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ

Η Ετεροδικία Εκτέλεσης του Κράτους

Greek

State Immunity from Execution

The scope of State immunity from execution in international law concerns immunity from the imposition without its consent of forcible measures against the property of a foreign State by the judicial or administrative authorities of another State. State Immunity from execution is treated as a separate regime from immunity from jurisdiction with its own autonomy. As a consequence, denial of immunity from adjudication does not automatically result in denial of immunity from execution. Furthermore, waiver of jurisdictional immunity does not in any way involve waiver of immunity from execution. The original approach was that of absolute immunity from execution of State property. This theory was abandoned with the adoption of a restrictive doctrine of immunity from enforcement for property of the State. According to the restrictive rule of immunity from execution, property of the foreign State in use for public purposes (acta jure imperii) is immune from execution or attachment and property of the foreign State in use for commercial purposes (acta jure gestionis) is subject to execution and attachment. In the Greek legal system the enforcement against the property of the foreign State, which is permissible under international law, is subject to the permission of the Minister of Justice.

Law and Legislation

Private international law

immunity, immunity from execution, execution, sovereign immunity, state immunity from execution, enforcement, attachment, pre-judgment attachment

Yes

4

No

173

118

File access is restricted only to the intranet of UoA.

https://pergamos.lib.uoa.gr/uoa/dl/object/2707546