Department of Law
Library of the School of Law

2023-11-24

2023

Leon Κonstantinos

Παπαδοπούλου Δήμητρα, Kαθηγήτρια, Νομική Σχολή, ΕΚΠΑ (επιβλέπουσα)
Αυγουστιανάκης Μιχαήλ, Καθηγητής, Νομική Σχολή, ΕΚΠΑ (μέλος της Τριμελούς Συμβουλευτικής Επιτροπής)
Παναγιωτόπουλος Βάγιας, Επίκουρος Καθηγητής, Νομική Σχολή, ΕΚΠΑ(μέλος της Τριμελούς Συμβουλευτικής Επιτροπής)
Χριστοδούλου Κωνσταντίνος, Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Κονδύλη Ιωάννα, Αναπληρώτρια Καθηγήτρια, Νομική Σχολή, ΕΚΠΑ
Νικολόπουλος Παναγιώτης, Αναπληρωτής Καθηγητής, Νομική Σχολή, ΕΚΠΑ
Παπαδημητρόπουλος Αντώνιος, Επίκουρος Καθηγητής, Νομική Σχολή, ΕΚΠΑ

Η αποζημίωση από την επιδείνωση της υγείας του παθόντος

Greek

The compensation from the deterioration of the victim's health

This thesis deals with some of the main issues arising during the judicial pursuit of the victim’s claims for the restoration of the of the new damages resulting from the deterioration of his health, which arose after the court decision awarding compensation for the damage resulting from the tort.
It refers to a thematic unit that has not been systematically developed in the theory regarding the law of compensation for health damage caused by tortious behavior, while the jurisprudence, although particularly rich, is often judged to be vague and fluctuating on the issues under negotiation.
Τhese issues often arise during the judicial process regarding the restoration of damage caused to the body and health and they theoricaly belong to the more general problematic of the restoration of "future damage" from the tort, although the two topics are not identical since, on the one hand, there may be future but expected manifestations of the damage without them being medically attributed to an aggravation of the physical harm already established and, on the other hand the aggravation may be the result of the synergy of many other damaging factors, which act independently of the tortious behavior of the culprit and which subsequently increased the magnitude of the consequences of the initial harm to the victim's health.
In any case, the restoration of the subsequent damaging consequences remains, which are either due to the initial damage as it develops over time, or are due to an unforeseeable recurrence of the initial damage, or appear later and unpredictably in other parts of the affected property. These include those manifestations of damage whose occurrence "is probable at some point in the future, but it is uncertain and unpredictable whether this probability will be verified in this particular case".

Although it is not disputed that, according to greek Civil Code (Art.929,298) the restoration of future damage can be requested in advance under strict conditions and considering “the usual course of things", however, as we move away on time from the damaging event and new damaging consequences to the health of the sufferer arise, particularly difficult evidentiary issues often arise for the plaintiff that make the restoration of the new manifestations of the damage doubtful.
Methodologically, after a brief historical review on the evolution of the law of compensation for bodily and health damage, the thesis is then divided into two parts and each part into two separate sections.
In the first part, the development systematically go through the main issues that arise when establishing the liability of the injured party for the restoration of the damage due to deterioration of his health. Particular reference is made to doctrinal delimitation through the guiding principles and conditions as specified in the tortious liability subsystem of the Civil Code and then to the questions of the attribution of responsibility when the deterioration or damage thereof is caused by the influence of several factors.
.In the second part, attempt is made to present and interpret the most important issues that arise during the judicial pursuit of compensation for the restoration of the damage from the deterioration. These issues refer to the scope of the claims of the injured party for the new manifestations of the damage that appeared after the first trial for the tort has been conducted as well as the mediating factors for their judicial pursuit in the case new damages emerge through the operation of the res judicata, the statute of limitations and the settlement agreement.
As an epitome, the main points from the preceding developments are listed.

Law and Legislation

Civil Law
Medical Law

Tort, injury to health, aggravation, compensation, liability, attribution, res judicata, statute of limitations, compromise

No

0

No

1080

ΧΧIII+518

File access is restricted until 2025-05-24.

https://pergamos.lib.uoa.gr/uoa/dl/object/3364889