Unit:
Κατεύθυνση Πολιτική ΔικονομίαLibrary of the School of Law
Supervisors info:
Γεώργιος Ορφανίδης, Καθηγητής, Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
Τα δικονομικά ζητήματα του ν.3869/2010
Translated title:
The procedural issues of Law 3869/2010
Summary:
This diploma thesis deals with some of the most common procedural issues that arise in the court practice in the case of Law 3869/2010. Of particular interest are the compatibility issues of Law 3869/2010 with the constitutional requirements and the more specific application of the procedural provisions of voluntary jurisdiction in these cases. The questions of third parties' participation in the trial are arguable, while in terms of the enforceability of the judgments or the practical compromise, there is no differentiation in relation to the ordinary ones in the provisions of voluntary jurisdiction. Particular attention is needed to fill the gaps of Law 3869/2010 with provisions of bankruptcy law, according to the explicit requirement of Law 3869/2010. What is of particular interest is the liquidation of the debtor's property, which is ordered by the court decision, on the one hand, because it has serious economic and social consequences for the debtor, on the other, because in fact no such liquidation has ever been realized that there are many practical and interpretative gaps in its specific process, although it is broadly similar to the enforcement process. Finally, Law 3869 / 2010 offers fertile ground for the use of alternative dispute resolution - except arbitration - either explicitly foreseen in its provisions or by its appropriate proportional application.
Main subject category:
Law and Legislation
Other subject categories:
Civil Procedure
Keywords:
over-indebted individuals, constitutionality, third party participation, enforceability, alternative dispute resolution, liquidation of property, bankruptcy law
