This publication of the Real Estate Review addresses the timeless principle of the inviolability of immovable property located anywhere within or outside the Athonite Peninsula, belonging to the Monasteries of Mount Athos; it covers the origin, development, and outcome of this principle, including its content, extent, and the degree of protection attributed to it throughout history until today. Guided and examined through the lens of relevant legislative provisions, theory, and case law from Greek courts of all branches and levels, the study is organized into the introduction, three main parts, and the conclusions.
In the first main part, the sources of the principle of inviolability are investigated, both ecclesiastical and state-related, categorized by period, with an emphasis on the Ottoman era. The second part examines in detail the relevant provisions of the current Code of Property of Public Law (KHAO), with particular focus on article 181 of the KHAO. The third part explores the approach of the Greek State to the issue, where in the last chapter reasoned doubts and reservations of the author are expressed regarding the legality of the declaration of “compulsory expropriations” of the Athonite metochia (monastic estates) by the Greek State during the first decades of the 20th century.
The final part of the work presents the main conclusions of the study, recommending on the one hand the indisputable timeless inclusion of the principle of inviolability among the fundamental, indispensable elements of the – constitutionally protected – “ancient privileged status” of the Monasteries of Mount Athos, and on the other hand the significant violation of the principle over the past century, without any historical and moral, and possibly legal, justification.
