Supervisors info:
Ιωάννης Στ. Δεληκωστόπουλος, Επίκουρος Καθηγητής, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Δημήτριος Τσικρικάς, Καθηγητής, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Νικόλαος Μ. Κατηφόρης, Επίκουρος Καθηγητής, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Summary:
The purpose of this study is the submission of new claims in the appeal proceedings, as defined in Article 527 of the Greek Civil Procedure Code.
The submission of new claims is, in essence, a transfer of the principle of concentration at the second instance jurisdiction level. This, first of all, sets out the main purposes pursued by the principle of concentration in the civil proceedings, including the speed of the procedure and the discovery of the real truth in the civil trial, on the other.
Then in a following chapter, the legislator's options on the submission of new claims are examined in the light of a comparative review of national legislation of the principle of concentration and the history of the respective rules in the domestic legislation (in particular in respect of the recent legislative change introduced by Law 4335/2015).
Furthermore, depending on the appeal system chosen by each national legislation, there is also a widespread or limited possibility for the submission of new claims in a trial. Within the framework of Greek legislation, the brief presentation of the basic provisions of the appeal system also indicates the operation of the legal remedy, in particular as regards the submission of new claims in the appeal proceedings.
In addition, the actual scope of Article 527 of the Greek Civil Procedure Code is fundamental for the interpretation of the exceptions to the submission of new claims. With regard to the above, the extensive presentation of the relevant case law and the theoretical views highlight their specific content.
Finally, specific aspects are examined, such as the issue of submission of new claims as grounds of appeal, the issue of the time and the manner in which new claims are submitted, their procedural treatment and the issue of the submission of new claims in appeal proceedings against a default judgment.
In conclusion, in the light of Law 4335/2015, which brought about significant changes, especially in the first instance of jurisdiction, the submission of new claims is of considerable importance with regard to the purpose of discovery of the real truth in the civil trial. Under the new regime, the display of several claims is transferred to the second level of jurisdiction but, at the same time, it is limited to this procedural stage only, and cannot be claimed at a later time. It is therefore useful to interpret the relevant exceptions on the basis of the new rules and, in any event, to ensure the right of the party to a hearing by allowing effective claims to be made in the appeal proceedings.
Keywords:
Appeal, New claims, Principle of concentration, Appeal system, Law 4335/2015
