The increase in recent years of the tonnage registered with the Greek Registry for Ships and the establishment of numerous big and small shipping enterprises in Piraeus has a side effect: Greek shipping law has been often found to apply in cases arbitrated or proceeded with outside the Greek jurisdiction, either as the law of the flag or as the law of the main place of business of the carrier or finally as the law agreed upon in the relevant shipping contract or the law appropriate in the particular circumstances of a case.

On various occasions I have been asked to give an opinion of Greek law supported not only by reference to articles or sections of statutes, but also—and one could say mainly—supported by authority drawn from judicial precedent. I was further asked to explain the function and importance of judicial precedent in Greek law as guidance to the foreign arbitrator or Judge.

Therefore, on the occasion of presenting notes from cases heard before Greek Courts in “Lloyd’s Maritime and Commercial Law Quarterly,” I felt it useful to make some short remarks and present some information in connection with the functions and the development of judicial precedent in the Greek legal system.

In addition, as Greek law is a typical Continental law, the remarks in this short article could serve as an example of “case law” in Continental legal systems, which now—after the entry of the United Kingdom into the E.E.C.—should become more familiar in this country. Finally, the recent decision of the European Committee that attorneys qualified in one E.E.C. country may practice in any other country which is a member of the E.E.C. makes the need to become familiar with these two long distinguished legal systems (Anglo-Saxon and Continental) imperative.

Greece is not a “common law country.” The function of a Greek Judge—as in common law countries—is not to make law but to decide in accordance with existing law; the doctrine of binding precedent is not accepted, however; the Judge is not bound to follow judicial precedent; he must decide in each case on the basis of more or less general and abstract rules and principles contained in statutes. Longer statutes which include the basic provisions covering a particular branch of law are called “Codes,” e. g., Civil Code, Criminal Code, Code of Civil Procedure, Code of Criminal Procedure, Code of Private Maritime Law, etc. These codes are complemented by a number of special laws and decrees addressing to specific questions.

Judicial precedent does not lack of any importance, however. A code or statute very often requires interpretation; in addition a statute, however detailed, cannot anticipate the problems which the infinite variation of fact may create; legal lacunas