Κατεύθυνση Πολιτική Δικονομία
Library of the School of Law

2025-01-13

2025

Kapetanaki Rafaela

α) κ. Νικόλαος Κατηφόρης, Αναπληρωτής Καθηγητής Νομικής ΕΚΠΑ
β) κ. Δημήτριος Τσικρικάς, Καθηγητής Νομικής ΕΚΠΑ
γ) κ. Μιχαήλ Μαρκουλάκης, Επίκουρος Καθηγητής Νομικής ΕΚΠΑ

H συγκέντρωση των λόγων ανακοπής στην αναγκαστική εκτέλεση

Greek

The concentration of the grounds for opposition to compulsory enforcement

This thesis deals with the centralized system of grounds for opposition in the field of
compulsory execution under Greek civil procedural law, as enshrined in an express
legislative provision of Article 935 of the Code of Civil Procedure. This is an issue that
has been of particular interest in theory and jurisprudence, with practical interest for a
legislative provision, which, although it has not undergone significant changes and
amendments since the legislative reforms of the Code of Civil Procedure, is
characterized by the continuous and continuous development of the system of
compulsory execution.
First of all, in the context in the preliminary chapter will be proposed the conceptual
delineation of the system of pooling of claims or the principle of pooling, or the system
of "unassisted trial", as the definition appears with diversity in theory, and a brief
historical review, followed by an analysis of the teleology of the principle
indiscriminately in civil procedural law as well as an indirect reference to the
manifestation of the principle in the field of diagnostic litigation, both in the first and
second degree of jurisdiction. The dominant axis of the second chapter of this paper
will be the field of enforcement. In this context, the realization of the principle of the
aggregation of claims (grounds for opposition) in the field of enforcement will be
analyzed and will be followed by an extensive analysis of the more specific conditions
for the application of the provision of Article 935 of the CCP.In view of this analysis,
reference will be made to cases of other proceedings on enforcement, as they are opened
with the anticipated opposition against the classification list of Articles 979 par. 2 CPC
(movable property) and 1006 par. 3 CCC (immovable property), the corrective
opposition under Article 954 par. 4 of the CCP (movable property) and 993(4) of the
CCP (immovable property). 2 of the CCP (immovable property) and the opposition
under Article 973(2) of the CCP (immovable property) as well as the opposition under
Article 973(2) of the CCP (immovable property). The third chapter is then devoted to
the relationship between the inadmissibility of the provision of Article 935 of the CCP
and other related provisions, in particular those of Articles 933 para. 4 and 934 of the
CCP, and concludes with the operation of the centralised system in relation to the
opposition to the payment order under Article 632 et seq. This is followed by the
presentation of the legal effects of the violation of the centralised system in the field of
enforcement as well as the violation or not of the provision of article 935 of the CCP as
a ground of appeal and revocation, issues that will concern the reader in the fourth
chapter of this book. Finally, the thesis on this subject concludes with the fifth chapter,
in which some of the key points of this thesis are summarised.

Law and Legislation

Civil Procedure

enforcement, grounds for opposition, 935 CPC

No

0

No

65

81

https://pergamos.lib.uoa.gr/uoa/dl/object/3450669/file.pdf

https://pergamos.lib.uoa.gr/uoa/dl/object/3450669