Civil Court of Athens – Case Number 2048/2014

Conditions for acquiring original ownership with specification. Simply repairing, restoring or treating things is not a specification. Formation of a pledge from a non possessor by analogous application of articles 1036 et seq. meaning of “serious negligence” in Art. 1037 of Civil Code. The omission of the Bank to check whether the pledgee was the owner of the pledge, which in the ordinary course of business is sold by withholding, is attributed to serious negligence and prevents the valid formation of the pledge. Treatment (ex nunc) of the nullity of a pledge formed by a non-possessor in case of the pledged new possession (Art. 239 of Civil Code). Pledge for the expectation of the ownership of a mobile device, the ownership of which is retained by the seller. Self-empowerment of the claimed right from the expectation of ownership to full ownership in case of fulfillment of the suspensive condition of repayment the price by the buyer. Legal withdrawal. The adjudication of compensation to the rescissioning creditor is at the discretionary power of the judge and may not exceed the actual damage suffered by him as a result of the unconventional behavior of his debtor. Intervention (main or additional) in the procedure for interim measures. Main intervention in the proceedings of interim measures for the recognition of quasi possession on the disputed thing. Published in Chronicles of private Law, 2016, issue 6, p. 428.