Scientific Books

Υποκειμενικά Σύνθετες Δίκες στις Αυτοκινητικές Διαφορές, 2023

This work presents a systematic overview of the most important and frequently appearing procedural institutions related to traffic accident litigation, viewed from the perspective of the subjects...

This work presents a systematic overview of the most important and frequently appearing procedural institutions related to traffic accident litigation, viewed from the perspective of the subjects involved.

The first part of the book introduces the concept of complex litigation and its central distinction into objective and subjective complex litigation. The...

See full description See full description

Description

Description

This work presents a systematic overview of the most important and frequently appearing procedural institutions related to traffic accident litigation, viewed from the perspective of the subjects involved.

The first part of the book introduces the concept of complex litigation and its central distinction into objective and subjective complex litigation. The legal consequences arising from classifying co-claimants as simple or necessary, particularly in automotive disputes, are highlighted. The objective scope of application of the specific provision of Article 614§6 of the Code of Civil Procedure is identified, along with its impact on the distribution of judicial cases between regular and special procedures for property disputes regarding damages from vehicles or from their insurance contracts.

The second part of the book analyzes the main procedural prerequisites of the subjectively complex litigation of traffic accidents. It reveals the procedural deviations that the investigated special procedure exhibits compared to the regular one during the filing and adjudication of related compensation claims (pre-trial, filing of claims, deadlines for summoning the parties, deadlines for submitting proposals and counterclaims, discussion, default, amicable resolution of disputes, etc.). Issues of international jurisdiction of Greek courts, as well as material and territorial jurisdiction, and issues concerning the exercise of legal remedies (appeals against default judgments, appeals, supplemental appeals, cassation) are brought to the forefront.

Particular attention is given to the crucial area of evidence. The personal evidential means (witnesses, documents, sketches and reports from traffic police investigations, results of alcohol or prohibited substances tests, sworn statements, expert opinions, admissions, judicial presumptions) are presented and their contribution to the formation of the evidentiary conclusion is discussed.

The third part analyzes the subjective limits of the complex litigation of traffic accidents. It identifies the active legitimate parties in the litigation (for material damages, bodily injury or disability, and for the death of a person), as well as the passive legitimate parties (the owner and holder of the damaging vehicle, the driver of the damaging vehicle, the insurance company, the auxiliary fund).

The fourth part of the book reveals the procedural mechanisms for the admission of third parties (especially the procedural guarantor, the insurance organization e-EFKA, the joint debtor in solidum) into the litigation of traffic accidents, which have not been sued as initial parties. In this context, the following institutions are analyzed: A) the announcement of the lawsuit and the third-party citation (with an emphasis on the third-party citation of the procedural guarantor and the court-ordered third-party citation) and B) the intervention (with an emphasis on the additional intervention of the procedural guarantor and the primary intervention of the insurance body e-EFKA).

The way in which the procedural institutions of third-party citation and intervention affect the subjective limits of the complex litigation of traffic accidents and the extent of the binding effect on the subjects from the results of the decision that will be issued (res judicata, enforceability, formative action) is analyzed.

The pivotal institution of the incidental claim receives separate analysis, which sometimes serves as the procedural means for transferring economic damage from the traffic accident to the procedural guarantor within the context of the pending lawsuit and at other times contributes to the apportionment of compensatory liability from the traffic accident among multiple parties liable under Articles 926 and 927 of the Civil Code.

Manufacturer

See full description

Specifications

Specifications

Publisher
Sakkoulas Ant. N.
Type
Law - Rights, Political Sciences, Logic, Biology of Natural Sciences, Vehicle Engineering
Language
Greek
Cover
Hardcover
Number of Pages
284
Release Date
6/2023
Publication Date
2023
Dimensions
17x24 cm
ISBN-13
9789606486845

Important information

Specifications are collected from official manufacturer websites. Please verify the specifications before proceeding with your final purchase. If you notice any problem you can report it here.

See all specifications

Description & Specifications

This work presents a systematic overview of the most important and frequently appearing procedural institutions related to traffic accident litigation, viewed from the perspective of the subjects involved.

The first part of the book introduces the concept of complex litigation and its central distinction into objective and subjective complex litigation. The legal consequences arising from classifying co-claimants as simple or necessary, particularly in automotive disputes, are highlighted. The objective scope of application of the specific provision of Article 614§6 of the Code of Civil Procedure is identified, along with its impact on the distribution of judicial cases between regular and special procedures for property disputes regarding damages from vehicles or from their insurance contracts.

The second part of the book analyzes the main procedural prerequisites of the subjectively complex litigation of traffic accidents. It reveals the procedural deviations that the investigated special procedure exhibits compared to the regular one during the filing and adjudication of related compensation claims (pre-trial, filing of claims, deadlines for summoning the parties, deadlines for submitting proposals and counterclaims, discussion, default, amicable resolution of disputes, etc.). Issues of international jurisdiction of Greek courts, as well as material and territorial jurisdiction, and issues concerning the exercise of legal remedies (appeals against default judgments, appeals, supplemental appeals, cassation) are brought to the forefront.

Particular attention is given to the crucial area of evidence. The personal evidential means (witnesses, documents, sketches and reports from traffic police investigations, results of alcohol or prohibited substances tests, sworn statements, expert opinions, admissions, judicial presumptions) are presented and their contribution to the formation of the evidentiary conclusion is discussed.

The third part analyzes the subjective limits of the complex litigation of traffic accidents. It identifies the active legitimate parties in the litigation (for material damages, bodily injury or disability, and for the death of a person), as well as the passive legitimate parties (the owner and holder of the damaging vehicle, the driver of the damaging vehicle, the insurance company, the auxiliary fund).

The fourth part of the book reveals the procedural mechanisms for the admission of third parties (especially the procedural guarantor, the insurance organization e-EFKA, the joint debtor in solidum) into the litigation of traffic accidents, which have not been sued as initial parties. In this context, the following institutions are analyzed: A) the announcement of the lawsuit and the third-party citation (with an emphasis on the third-party citation of the procedural guarantor and the court-ordered third-party citation) and B) the intervention (with an emphasis on the additional intervention of the procedural guarantor and the primary intervention of the insurance body e-EFKA).

The way in which the procedural institutions of third-party citation and intervention affect the subjective limits of the complex litigation of traffic accidents and the extent of the binding effect on the subjects from the results of the decision that will be issued (res judicata, enforceability, formative action) is analyzed.

The pivotal institution of the incidental claim receives separate analysis, which sometimes serves as the procedural means for transferring economic damage from the traffic accident to the procedural guarantor within the context of the pending lawsuit and at other times contributes to the apportionment of compensatory liability from the traffic accident among multiple parties liable under Articles 926 and 927 of the Civil Code.

Manufacturer

Publisher
Sakkoulas Ant. N.
Type
Law - Rights, Political Sciences, Logic, Biology of Natural Sciences, Vehicle Engineering
Language
Greek
Cover
Hardcover
Number of Pages
284
Release Date
6/2023
Publication Date
2023
Dimensions
17x24 cm
ISBN-13
9789606486845

Important information

Specifications are collected from official manufacturer websites. Please verify the specifications before proceeding with your final purchase. If you notice any problem you can report it here.

32,55 €
14,00 €   shipping cost