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Family Law
Analysis in the Context of Greek Legislation

Family Law
Analysis in the Context of Greek Legislation

Family Law – Greek Legislation

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Family law in Greece is a branch of civil law that governs legal relationships within the family. It addresses the rights and obligations arising from marriage, kinship, adoption, guardianship, and custodianship. The main sources of Greek family law are the Civil Code and the Constitution of Greece, while international treaties like the Hague Convention also play a significant role.

 

Key Elements of Family Law in Greece:
 

  1. Marriage and Divorce
    In Greek law, marriage can be either religious or civil. The legal consequences of marriage, including property rights and obligations between spouses, are regulated. Divorce can be granted either by mutual consent or through court proceedings when the marriage has irretrievably broken down.

     

  2. Child Custody and Support
    In cases of divorce or separation, custody is usually awarded to one parent, while the other parent has the right to personal contact with the child. Greek law mandates the provision of child support until the child reaches adulthood, and in certain cases, even beyond that age.

     

  3. Hague Convention on International Child Abduction
    Greece is a signatory to the 1980 Hague Convention, which deals with international child abduction by parents. Family law provides procedures for the return of children wrongfully removed from one country to another.

     

  4. Adoption
    Greek law offers a strict framework for both domestic and international adoption, with the process emphasizing the best interests of the child. Judicial approval is required to finalize the adoption process.

     

  5. Spousal Property Relations
    Property relations between spouses in Greece are regulated by a legal regime that presumes joint ownership of property acquired during the marriage. Pre-nuptial and post-nuptial agreements can be made to regulate property matters.

     

  6. Guardianship and Custodianship
    Guardianship and custodianship apply to individuals who cannot care for themselves due to age or incapacity. Greek law closely monitors guardians and custodians to ensure the protection of the interests of those under their care.

     

Legal Protection and Ethical Principles
 

Greek family law strikes a balance between protecting the rights of family members and upholding ethical and social principles. A strong emphasis is placed on the best interests of the child, equality between spouses, and the protection of vulnerable individuals. Clear legal mechanisms are provided to safeguard the rights and interests of these groups.

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