16154/2009 SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

16154/2009

SINGLE MEMBER COURT OF FIRST INSTANCE OF THESSALONIKI

Cars. Prescription. According to the provision of the article 7 of the Law 1911, two-year prescription starts, in view of the article 241 CC, not the same day but the following day of the accident. Drunk driving. The principle of liberty of contracts (CC 361) concludes to the ability of the parts to proceed to civil liability insurance contract for car accidents in order to agree on cases of the agent’s release, when exist conditions agreed by the parties, one of which is the condition foreseen by the paragraph 8 of the article 25 of the Decision Κ4/585/1978, when the damage occurs when the car’s driver has consumed alcohol or drugs. The agent may at first, provided the law requirements are met, file recourse versus the holder and owner who is different person than the drunk driver, provided the as above persons are charged with liability for this infringement. This happens when the car’s owner grants the car’s driving to a person he already knows that will not be capable for safe driving after having consumed alcohol.

438/2014 SINGLE MEMBER COURT OF FIRST INSTANCE OF KOZANI

438/2014

SINGLE MEMBER COURT OF FIRST INSTANCE OF KOZANI

Highway [Traffic] Code (ΚΟΚ). Parking of vehicle within the hard shoulder in case of compulsory immobilization due to damage and lack of parking space. Neglectful driving behavior. Exceeding speed limit. Placement of triangle warning sign at distance less than 100 meters from the immobilized vehicle. No grounded connection with the cause of the road accident. The driver was not obliged to call Egnatia Odos Assistance Service due to the car damage. International jurisdiction. The contractual obligations are regulated by the law subject for both parties and, if there is no such law, the competent law to the contract by the special conditions is applied (article 25 of the Civil Code), while the offense obligations are governed by the law of the state where the offense took place (article 26 Civil Code). German Law. The substitution of the insurance organization both in private sector and in the social security field, occur ex officio by the law. 

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