Lloyd's Maritime and Commercial Law Quarterly
SERVICE OF DOCUMENTS IN SHIPPING CASES UNDER GREEK LAW
By Gr. J. Timagenis*
Introduction
Provisions concerning the service of documents in legal proceedings are in any law very technical and usually they interest only lawyers who work under such law. However, some aspects of these provisions are of interest to foreign lawyers and even to commercial people. In fact in some countries where service of documents is to be effected out of jurisdiction, the law of the place where service is to be effected governs the method of the service. Similarly, if enforcement of, say, an English court decision is to be effected in Greece, the proper notification of such proceedings on the defendant under Greek law might be a prerequisite for such enforcement. In this context and because of the world-wide activities of Greek shipping companies and ships, Greek law presents some interest to foreign lawyers.
In this paper a brief summary of the provisions concerning service of documents is given together with a presentation of the problems created in practice and judicial solutions.
A. Code of Civil Procedure
(1) The rules of law concerning service of documents are set out basically in the Greek Code of Civil Procedure (CCP).
(2) Service of any document should be effected through a “process server”, who is a kind of civil servant.1
(3) Service is effected by the process server upon written instructions of the party concerned or its appointed lawyer.2
(4) Service may be effected wherever the person upon whom service is to be effected will be found. If this person has a home, shop, office or workshop in the area where service is to be effected, alone or with others or where he works as a worker, employee or servant, service at a place different from such home, shop, office or workshop may not be effected without his consent. Service may not be effected in a church during service hours or in a courtroom while the court is in session.3
(5) Similarly service may not be effected during the night or on Sundays or other holidays without the consent of the person upon whom service is to be effected or without a special permit of the court. For the purposes of service, night is considered to be from 7 p.m. up to 7 a.m.4
* Attorney-at-Law, Piraeus, Greece.
1 Article 122 CCP.
2 Article 123 CCP.
3 Article 124 CCP.
4 Article 125 CCP.
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