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Question 1Role knowledge and related same-jurisdiction law
Under Article 1 of the Code of Judicial Bailiffs (Law 2318/1995), what is the legal status and institutional role of a judicial bailiff (δικαστικός επιμελητής) in Greece?
- An unsalaried public official (άμισθος δημόσιος λειτουργός) entrusted by the State with the administration of justice through the service of documents and the forced execution of enforceable titles. Correct answer.
- A private debt collection agent operating under a commercial trade license.
- A salaried civil servant employed in the secretariat of the Court of First Instance.
- A sworn police officer assigned to judicial protection duties.
Explanation
Article 1 of Law 2318/1995 defines the judicial bailiff as an unsalaried public official (άμισθος δημόσιος λειτουργός). The bailiff is appointed by the Minister of Justice to a specific Court of First Instance district to execute core sovereign functions: the lawful service of judicial and extrajudicial documents and the enforcement of enforceable titles.
Question 2Role knowledge and related same-jurisdiction law
Under Article 25 of Law 2318/1995, can a judicial bailiff arbitrarily refuse to execute a lawful written order given by a party or their attorney?
- Yes, bailiffs enjoy complete discretion to decline any mandate without stating reasons.
- Yes, provided the bailiff refers the client to another bailiff in the same district.
- Only if the opposing party offers to pay a higher fee.
- No, the bailiff is legally bound to execute every lawful order given in writing, unless an impediment, conflict of interest, or statutory ground for recusal exists. Correct answer.
Explanation
Under Article 25 § 1 of Law 2318/1995, as public officials exercising a public monopoly, judicial bailiffs are statutorily obliged to execute all lawful written mandates entrusted to them by clients or attorneys, and may not refuse service or execution except on grounds of statutory incompatibility, recusal (e.g. kinship), or legitimate impediment.
Question 3Role knowledge and related same-jurisdiction law
Under Article 26 of Law 2318/1995, in which of the following circumstances is a judicial bailiff strictly prohibited from acting due to recusal / conflict of interest (κώλυμα / εξαίρεση)?
- When the mandating attorney belongs to the same political party as the bailiff.
- Whenever the bailiff has previously served documents on the same debtor in an unrelated case.
- When the claim amount exceeds €50,000.
- When the act concerns the bailiff personally, their spouse, or a relative by blood or marriage up to the fourth degree. Correct answer.
Explanation
Under Article 26 of Law 2318/1995, a judicial bailiff cannot perform any official act if they have a personal interest in the dispute, or if the act concerns their spouse, registered partner, or relatives by blood or marriage up to the fourth degree (ή συγγενών εξ αίματος ή εξ αγχιστείας μέχρι και του τετάρτου βαθμού). Acts performed in violation are null and void.
Question 4Role knowledge and related same-jurisdiction law
Under Article 124 of the Greek Code of Civil Procedure (ΚΠολΔ), during what hours is a judicial bailiff generally prohibited from effecting service of process (επίδοση), unless prior judicial authorization is obtained?
- Between 14:00 and 17:00 on weekdays.
- On Saturdays and Sundays only, night-time service on weekdays being unrestricted.
- During the night (between 19:00 and 07:00) as well as on Sundays and statutory public holidays. Correct answer.
- Between 12:00 and 15:00 on Saturdays.
Explanation
Article 124 § 2 ΚΠολΔ explicitly provides that service of process cannot be effected during the night (defined as the period between 19:00 in the evening and 07:00 in the morning), nor on Sundays or official state holidays, without prior written permission from the judge of the competent Peace Court or Single-Member Court of First Instance.
Question 5Role knowledge and related same-jurisdiction law
Under Article 126 § 1(a) ΚΠολΔ, to whom should service of process primarily be effected in the case of natural persons?
- To any adult neighbor residing on the same street.
- At the addressee's registered residence only, service elsewhere being invalid.
- To the president of the local municipal council.
- In person (αυτοπροσώπως) to the individual to whom the document is addressed, wherever they may be found. Correct answer.
Explanation
Under Article 126 § 1(a) and Article 127 § 1 ΚΠολΔ, service must primarily and preferentially be made in person (αυτοπροσώπως) to the addressee directly, wherever the bailiff finds them, whether at their residence, workplace, or in a public space.
Question 6Role knowledge and related same-jurisdiction law
Under Article 128 § 1 ΚΠολΔ, if the addressee is not found at their residence, to whom may the judicial bailiff deliver the document?
- To any person standing on the public street outside the building.
- To a minor child of the addressee aged at least ten years.
- To any adult relative or domestic worker who cohabits (συνοικεί) with the addressee, provided they have mental capacity and are not an opposing party in the litigation. Correct answer.
- To the landlord of the apartment building.
Explanation
Article 128 § 1 ΚΠολΔ provides that if the addressee is not found at their residence, the document is delivered to any adult person cohabiting with them (συνοικούντες ενήλικοι), including adult family members or domestic employees, provided they have legal capacity and do not have opposing interests in the case.
Question 7Role knowledge and related same-jurisdiction law
What are the cumulative formalities under Article 128 § 4 ΚΠολΔ when neither the addressee nor any cohabitant is found at the residence (θυροκόλληση - affixing to the door)?
- Simply affixing the document to the door, with no further step required.
- Affixing the document to the door before a witness and posting written notice to the addressee within thirty days.
- Affixing the document in a sealed envelope to the door before an adult witness, delivering a copy to the head of the local police station by the end of the next working day, and posting written notice to the addressee by the end of the next working day. Correct answer.
- Filing the document with the Ministry of Justice and waiting 30 days.
Explanation
Article 128 § 4 ΚΠολΔ makes three formalities cumulative for affixing to the door (θυροκόλληση): the bailiff affixes the document in an opaque sealed envelope to the door in the presence of an adult witness; by the end of the next working day delivers a copy to the head of the local police station or, where there is none, to the local authority; and by the end of the next working day posts written notice to the addressee. All three must be completed, and the bailiff records them in the service report.
Question 8Role knowledge and related same-jurisdiction law
Under Article 139 of the Greek Code of Civil Procedure (ΚΠολΔ), what evidentiary force does the judicial bailiff's report of service (έκθεση επίδοσης) possess?
- Simple presumption that can be overturned by oral witness testimony.
- Full proof of the bailiff's own statements, but only prima facie proof of what the bailiff observed.
- Advisory value subject to judicial discretion at the final hearing.
- Full and conclusive proof (πλήρης απόδειξη) against all parties regarding facts performed by or witnessed by the bailiff within their authority, challengeable only on the ground of forgery (πλαστογραφία). Correct answer.
Explanation
Under Article 139 and Article 438 ΚΠολΔ, the report of service (έκθεση επίδοσης) is a public authentic document (δημόσιο έγγραφο). It establishes full proof (πλήρη απόδειξη) erga omnes regarding all actions carried out by the bailiff or facts that occurred in their presence. Counter-proof is permissible solely by lodging an allegation of forgery (προσβολή ως πλαστού).
Question 9Role knowledge and related same-jurisdiction law
Under Article 134 ΚΠολΔ, how is service effected on an addressee of completely unknown residence (πρόσωπο άγνωστης διαμονής)?
- Service is impossible and the court proceedings must be terminated permanently.
- By affixing the document to the door of the addressee's last known residence.
- Service is effected on the Public Prosecutor of the court where the trial is pending, followed by statutory newspaper or digital portal publication of a summary. Correct answer.
- By delivering the document to the President of the Supreme Court.
Explanation
Under Article 134 § 1 ΚΠολΔ, if the place of residence of the addressee is completely unknown, service is lawfully effected by delivering the copy to the competent Public Prosecutor (Εισαγγελέας Πλημμελειοδικών), combined with publication of a summary in designated legal press/portals under Article 135 ΚΠολΔ.
Question 10Role knowledge and related same-jurisdiction law
Under Article 926 § 1 of the Greek Code of Civil Procedure (ΚΠολΔ), what mandatory preliminary act must precede any act of forced execution?
- Obtaining approval from the Ministry of Economy.
- A fresh court order authorising each individual act of execution.
- Registration of the enforceable title in the General Commercial Registry.
- Service of an enforceable copy (απόγραφο) of the title containing an order to perform (επιταγή προς εκτέλεση) on the debtor at least three (3) full working days prior to execution. Correct answer.
Explanation
Under Article 926 § 1 and Article 927 ΚΠολΔ, forced execution cannot commence without the prior lawful service upon the debtor of an executory copy (απόγραφο) containing a written order to perform (επιταγή προς εκτέλεση) specifying the exact claim. Execution acts cannot take place before three full days have elapsed from service.
Question 11Role knowledge and related same-jurisdiction law
Under Article 953 § 3 of the Greek Code of Civil Procedure (ΚΠολΔ), which of the following categories of movable property is strictly exempt from seizure (ακατάσχετα κινητά)?
- Items absolutely necessary for the basic living and sustenance of the debtor and their family (clothing, bedding, essential furniture, basic kitchen appliances), as well as tools indispensable for the debtor's personal labor. Correct answer.
- Luxury sports cars and yachts.
- Cash held in private bank safety deposit boxes.
- Unlisted corporate bearer shares.
Explanation
Article 953 § 3 ΚΠολΔ protects the debtor's human dignity and livelihood by declaring immune from seizure (ακατάσχετα) all objects absolutely necessary for the basic living needs of the debtor and their cohabiting family (bedding, clothing, heating/cooking appliances, essential furniture) as well as professional tools indispensable for personal trade or labor.
Question 12Role knowledge and related same-jurisdiction law
Under Article 956 § 1 ΚΠολΔ, what is the role and duty of the judicial bailiff when seizing movable property located in the possession of the debtor?
- The bailiff immediately takes the goods home and sells them privately.
- The bailiff removes the goods to a court warehouse, since the debtor may never be left in charge of seized items.
- The bailiff drafts a formal seizure report (έκθεση κατάσχεσης), accurately describing and valuing the items, and appoints a statutory keeper/custodian (μεσεγγυούχος). Correct answer.
- The bailiff transfers ownership of the movables to the creditor on the spot.
Explanation
Under Article 954 and Article 956 ΚΠολΔ, the judicial bailiff executes the seizure by preparing an inventory and seizure report (έκθεση κατάσχεσης) detailing the items and their estimated market value, and formally appoints a custodian (μεσεγγυούχος)-frequently the debtor or a third party-responsible for safeguarding the assets until auction.
Question 13Role knowledge and related same-jurisdiction law
Under Article 983 of the Greek Code of Civil Procedure (ΚΠολΔ), how is an attachment executed in the hands of a third party (κατάσχεση εις χείρας τρίτου, e.g. bank accounts or wages)?
- By serving the attachment document on the third party alone, since the debtor has no role in the procedure.
- By formal service of an attachment document (κατασχετήριο) upon the third party and the debtor, ordering the third party not to pay the debtor. Correct answer.
- By obtaining a separate court order addressed to the third party for each individual payment.
- By obtaining oral confirmation from the branch teller.
Explanation
Under Article 983 ΚΠολΔ, attachment in the hands of a third party (such as a banking institution or employer) is completed by the bailiff serving a formal attachment document (κατασχετήριο έγγραφο) on both the third party and the debtor. This imposes an immediate statutory freeze on the funds or debts owed to the debtor.
Question 14Role knowledge and related same-jurisdiction law
Under Article 985 § 1 ΚΠολΔ, within what statutory deadline must a third party (e.g. a bank) file its declaration (δήλωση τρίτου) before the court clerk after service of an attachment?
- Within eight (8) days from service of the attachment. Correct answer.
- Within thirty (30) days from service.
- Within forty-eight (48) hours.
- Within ninety (90) days.
Explanation
Article 985 § 1 ΚΠολΔ explicitly requires the third party to submit a sworn declaration before the magistrate court clerk within eight (8) days from the service of the attachment, stating whether the debtor has an active claim or account, and whether other prior attachments exist.
Question 15Role knowledge and related same-jurisdiction law
What is the legal consequence under Article 985 § 3 ΚΠολΔ if a third party omits to file the statutory declaration within the 8-day deadline?
- The attachment lapses automatically without consequence.
- The third party automatically owes the creditor the whole attached claim, with no further proceedings needed.
- The omission is treated as a negative declaration, which the seizing creditor may contest by an opposition under Article 986 ΚΠολΔ within thirty days, and the third party may also be sued in damages under Article 985 § 3. Correct answer.
- The creditor is barred from future attachments against the debtor.
Explanation
Article 985 § 3 ΚΠολΔ equates failure to declare within the eight-day period with a negative declaration (εξομοιώνεται με αρνητική δήλωση). The consequence is procedural, not an automatic debt: under Article 986 ΚΠολΔ the seizing creditor has thirty days, running from the expiry of the eight-day period, to lodge an opposition contesting the deemed declaration and to ask the court to recognise the attached claim and order the third party to pay under Article 990. Article 985 § 3 separately allows a claim in damages against the third party. This differs from administrative execution, where Article 33 of the Public Revenue Collection Code does create a rebuttable presumption that the third party owes the attached amount.
Question 16Role knowledge and related same-jurisdiction law
Under Article 993 § 1 ΚΠολΔ, how does a judicial bailiff effect the seizure of real estate (κατάσχεση ακινήτου)?
- By placing a padlock on the entrance gate and changing the locks.
- By registering the enforceable title in the Land Registry, no seizure report being required for immovables.
- By demolishing any unlawful structures on the plot.
- By inspecting the immovable property, drafting an exhaustive seizure report, appointing a custodian, and serving a copy on the debtor and the competent mortgage registrar or cadastre within statutory deadlines. Correct answer.
Explanation
Under Articles 993 and 995 ΚΠολΔ, real estate seizure is perfected by the bailiff drafting a detailed seizure report identifying the property, boundaries, and appraised commercial value, and registering a certified copy with the Land Registry / Hellenic Cadastre (Κτηματολόγιο) within five days of seizure.
Question 17Role knowledge and related same-jurisdiction law
Under modern Greek execution law (Article 959 and Article 998 ΚΠολΔ), how are forced auctions (αναγκαστικοί πλειστηριασμοί) conducted?
- By oral outcry in the central municipal square on Sunday mornings.
- In person before the judicial bailiff at the seat of the Court of First Instance, with bids called out on a Wednesday.
- Exclusively through electronic auction platforms (ηλεκτρονικός πλειστηριασμός - e-auction) conducted before an accredited notary public acting as auction officer. Correct answer.
- Via private bartering organized by the local commercial chamber.
Explanation
Following reforms under Law 4512/2018 and subsequent amendments, all forced public auctions in Greece are conducted exclusively by electronic means (ηλεκτρονικοί πλειστηριασμοί / e-auctions) via the Eauction platform, managed by a licensed notary public (υπάλληλος του πλειστηριασμού).
Question 18Role knowledge and related same-jurisdiction law
Under Article 943 of the Greek Code of Civil Procedure (ΚΠολΔ), how does a judicial bailiff execute an enforceable eviction judgment (αποβολή από ακίνητο)?
- By disconnecting municipal water and electricity lines.
- By serving a written notice to vacate and leaving the occupier to move out voluntarily.
- By selling the building to the highest bidder on the same day.
- By removing the debtor from the premises, placing the creditor into possession, removing debtor movables, and drafting a formal eviction and delivery report (έκθεση αποβολής και εγκατάστασης). Correct answer.
Explanation
Article 943 § 1 ΚΠολΔ governs eviction: the judicial bailiff evicts the defendant from the property, places the claimant creditor into lawful possession, inventories and removes any movable goods belonging to the evicted party (storing them or appointing a custodian under § 2), and executes a formal report of eviction and delivery (έκθεση αποβολής και εγκατάστασης).
Question 19Role knowledge and related same-jurisdiction law
Under Article 934 of the Greek Code of Civil Procedure (ΚΠολΔ), what is the statutory deadline for filing an opposition under Article 933 challenging defects in the seizure of property up to the auction?
- Within forty-five (45) days from the date of seizure. Correct answer.
- At any time within twenty years.
- Only after the auction has concluded and title has passed.
- Within two (2) days from the service of the payment order.
Explanation
Under Article 934 § 1(a) ΚΠολΔ (as amended), an opposition challenging the validity of the seizure or execution acts taking place up to the auction must be filed within forty-five (45) days from the date the seizure was effected (or within thirty days for specific assets).
Question 20Role knowledge and related same-jurisdiction law
Under Article 28 of Law 2318/1995, what official records must every practicing judicial bailiff maintain in their office?
- Only personal bank statements and income tax filings.
- No register at all, since copies of every report are filed with the court instead.
- A commercial stock inventory logbook.
- A formal register of services and executions (πρωτόκολλο επιδόσεων και εκτελέσεων) sequentially numbered and bound, along with physical and digital archives of all drafted reports. Correct answer.
Explanation
Article 28 of Law 2318/1995 mandates that every judicial bailiff must keep an official, numbered protocol book (γενικό πρωτόκολλο) and archives recording every document served or execution carried out, subject to annual inspection by the supervisory Public Prosecutor.
Question 21Role knowledge and related same-jurisdiction law
Under Article 35 of Law 2318/1995, who exercises disciplinary supervision and prosecutes disciplinary offenses against judicial bailiffs?
- The Public Prosecutor at the Court of First Instance (Εισαγγελέας Πρωτοδικών) and the President of the regional Bailiff Association. Correct answer.
- The local municipal mayor.
- The Minister of Citizen Protection.
- The Hellenic Police Internal Affairs Bureau.
Explanation
Under Article 35 and Article 36 of Law 2318/1995, disciplinary prosecution is initiated ex officio or upon report by the Public Prosecutor at the Court of First Instance or the President of the Board of the competent Judicial Bailiff Association.
Question 22Role knowledge and related same-jurisdiction law
Under Article 49 of Law 2318/1995, what body serves as the first-instance disciplinary council for judicial bailiffs?
- A panel composed of three local police captains.
- The board of directors of the bailiff's own professional association, sitting alone.
- The General Assembly of the local commercial chamber.
- The Disciplinary Council established at the Court of Appeal, comprising judicial officers and bailiff representatives. Correct answer.
Explanation
Disciplinary jurisdiction over judicial bailiffs is exercised by Disciplinary Councils established at the Seats of the Courts of Appeal (Εφετεία), composed of judges of the Court of Appeal and appointed representatives of the Judicial Bailiffs Association under Law 2318/1995.
Question 23Role knowledge and related same-jurisdiction law
Under Article 941 ΚΠολΔ, how is execution carried out when the enforceable title orders the surrender of a specific movable item (απόδοση κινητού πράγματος)?
- The bailiff demands equivalent monetary compensation immediately.
- The bailiff seizes the item and sells it at auction, paying the proceeds to the creditor.
- The bailiff takes the specific movable thing from the debtor and delivers it directly to the creditor. Correct answer.
- The bailiff must first obtain a fresh court order authorising the removal of the specific item.
Explanation
Under Article 941 § 1 ΚΠολΔ, if the debtor is ordered to surrender or deliver a specific movable item or quantity of fungibles, the judicial bailiff seizes the item from the debtor's possession and hands it over directly to the creditor.
Question 24Role knowledge and related same-jurisdiction law
What assistance is a judicial bailiff entitled to request under Article 929 of the Greek Code of Civil Procedure (ΚΠολΔ) if they encounter resistance during the execution of their official duties?
- Private commercial security contractors.
- A court order authorising the use of force, which must be obtained before the police may attend.
- Military intervention by the armed forces.
- The assistance of the public force (police authorities / αστυνομική δύναμη), who are statutorily bound to provide immediate and unreserved protection. Correct answer.
Explanation
Article 929 § 1 ΚΠολΔ provides that if the judicial bailiff encounters active or passive resistance, obstruction, or threat of violence, they are legally entitled to request the assistance of the public force (police), who are legally required to provide immediate support to ensure execution.
Question 25Role knowledge and related same-jurisdiction law
Under Article 130 ΚΠολΔ, how is service effected if the addressee is encountered in person but stubbornly refuses to accept the document or sign the receipt (άρνηση παραλαβής)?
- The bailiff must take the document back and cancel the service entirely.
- The bailiff must obtain a court order permitting substituted service before doing anything further.
- The bailiff arrests the refusing individual on the spot.
- The bailiff affixes the document to the door of the location, or leaves it in the physical presence of the refusing person, and records the refusal in the report of service. Correct answer.
Explanation
Under Article 130 § 1 ΚΠολΔ, if the addressee or eligible cohabitant refuses to receive the document or sign the delivery report, the bailiff affixes the document to the door of the residence/office or leaves it in their presence, recording the refusal in detail in the report. Service is legally complete at that precise moment.
Question 26Role knowledge and related same-jurisdiction law
Under Article 133 ΚΠολΔ, how is service of process effected on legal entities (νομικά πρόσωπα, e.g. corporations)?
- To any individual holding shares in the corporation.
- By sending a generic email to the company website contact form.
- At their registered seat or principal establishment, delivered to their legal representative or an employee authorized to receive documents. Correct answer.
- Exclusively to the president of the board at their private home.
Explanation
Under Article 133 § 1 ΚΠολΔ, service on legal entities is effected at their registered office, branch, or principal place of business, delivered to their statutory legal representative, director, or authorized reception/clerical employee.
Question 27Role knowledge and related same-jurisdiction law
Under Article 134 § 3 ΚΠολΔ, how is service effected on parties residing in another EU Member State in accordance with EU Regulation 2020/1784?
- Through direct diplomatic intervention by the President of the Hellenic Republic.
- By serving the Greek Public Prosecutor, since service abroad is treated as service on a person of unknown residence.
- By publishing the summons in an international maritime journal.
- Through designated transmitting and receiving agencies (διαβιβάζουσες και παραλαμβάνουσες αρχές), where Greek judicial bailiffs transmit documents directly to the receiving agency in the destination Member State. Correct answer.
Explanation
Under EU Service Regulation (EU) 2020/1784 and Article 134 § 3 ΚΠολΔ, Greek judicial bailiffs act as transmitting agencies (αρχές διαβίβασης), sending documents directly to the receiving agency of the destination EU Member State for service in accordance with European procedural law.
Question 28Role knowledge and related same-jurisdiction law
What is the consequence under Article 159 ΚΠολΔ if a mandatory formality of service of process (e.g. date, location, or recipient designation) is omitted from the bailiff's report?
- The omission is completely ignored if the case is heard by a multi-member court.
- The service is automatically void, whatever the practical consequences of the omission.
- The bailiff is automatically sentenced to one year in prison.
- The service is null and void if the court finds that the defect caused procedural harm (δικονομική βλάβη) to the party that cannot be remedied otherwise. Correct answer.
Explanation
Under Article 159 paragraph 3 ΚΠολΔ, procedural defects and omissions in service reports result in procedural nullity (ακυρότητα) if the court rules that the defect inflicted procedural prejudice (δικονομική βλάβη) on the opposing party that cannot be remedied other than by declaring nullity.
Question 29Role knowledge and related same-jurisdiction law
Under Article 975 of the Greek Code of Civil Procedure (ΚΠολΔ), how are claims ranked in the distribution of auction proceeds (κατάταξη δανειστών)?
- Purely on a first-come, first-served basis according to who filed the lawsuit earliest.
- Proportionally to the size of each claim, privileges playing no part in the distribution.
- According to statutory general privileges (claims for wages, maintenance, taxes, social security), special privileges (pledges, mortgages), and unsecured general creditors under the quota rules of Article 977 ΚΠολΔ. Correct answer.
- The enforcing creditor takes 100% and remaining creditors receive nothing.
Explanation
Articles 975, 976, and 977 ΚΠολΔ establish the ranking and distribution of auction proceeds: claims with general privileges (labor wages, maintenance, public fiscal debts, social security contributions) and special privileges (mortgages, pledges) compete under fixed statutory percentage allocations (e.g., 65% for secured creditors, 25% for general privileged creditors, and 10% for unsecured creditors under Art. 977 § 1).
Question 30Role knowledge and related same-jurisdiction law
Under Article 954 § 2 ΚΠολΔ, what is the basis for determining the initial starting bid price (τιμή πρώτης προσφοράς) for real estate in a forced auction?
- The historical purchase price recorded 30 years ago.
- The value the seizing creditor states in the seizure report, which is binding on the court.
- A nominal symbolic price of one euro.
- The objective tax value (αντικειμενική αξία) or the commercial market value (εμπορική αξία) determined by a certified independent appraiser. Correct answer.
Explanation
Under Article 954 § 2(c) and Article 993 § 2 ΚΠολΔ (as amended), the starting price for real property auctions must equal its estimated commercial market value (εμπορική αξία), determined on the basis of a valuation report prepared by a certified property appraiser.
Question 31Role knowledge and related same-jurisdiction law
Under Article 997 § 1 ΚΠολΔ, what is the legal effect of registering the seizure report of an immovable property in the Land Registry / Hellenic Cadastre?
- The property is immediately transferred to state ownership.
- It creates an absolute bar against voluntary alienation; any subsequent sale, mortgage, or encumbrance executed by the debtor is null and void vis-à-vis the seizing creditor. Correct answer.
- The debtor loses possession of the property and must vacate it before the auction.
- All prior mortgages on the property are automatically extinguished.
Explanation
Under Article 997 § 1 ΚΠολΔ, following the transcript/registration of the seizure report in the Land Registry or Cadastre, any voluntary disposition (sale, donation, grant of mortgage) by the debtor is absolutely void in favor of the seizing creditor and creditors who subsequently join the execution.
Question 32Role knowledge and related same-jurisdiction law
Under Article 1005 § 1 ΚΠολΔ, what constitutes the title of ownership acquired by the highest bidder (υπερθεματιστής) after paying the auction price?
- A private sales receipt signed by the debtor.
- The electronic auction platform's confirmation of the winning bid, which transfers ownership by itself.
- A ministerial decree of naturalization.
- A certified copy of the auction deed / award report (κατακυρωτική έκθεση) issued by the notary and transcribed in the public Land Registry / Cadastre. Correct answer.
Explanation
Under Article 1005 § 1 ΚΠολΔ, once the highest bidder has paid the full auction price, the notary prepares a certified summary of the award report (περίληψη κατακυρωτικής έκθεσης). When transcribed in the competent Land Registry or registered in the Cadastre, it serves as the definitive derivative title of ownership.
Question 33Role knowledge and related same-jurisdiction law
Under Article 1005 § 2 ΚΠολΔ, what additional power does the transcribed award summary confer upon the successful auction purchaser against the debtor?
- It serves as an enforceable title for eviction (αποβολή) against the debtor or any third party possessing the property on the debtor's behalf. Correct answer.
- It permits the purchaser to arrest the debtor for debt default.
- It grants immunity from all local property taxes for ten years.
- It cancels all building planning restrictions on the parcel.
Explanation
Under Article 1005 § 2 ΚΠολΔ, the transcribed summary of the award report (περίληψη κατακυρωτικής έκθεσης) constitutes an enforceable title (εκτελεστός τίτλος) enabling the purchaser to execute an eviction under Article 943 against the debtor, their heirs, or anyone holding possession without an independent superior right.
Question 34Role knowledge and related same-jurisdiction law
Under Article 946 § 1 ΚΠολΔ, how is execution enforced when the debtor is ordered to perform an unassignable personal act (πράξη μη δυνάμενη να γίνει από τρίτον)?
- The bailiff physically forces the debtor's hands to perform the act.
- The creditor may perform the act personally at the debtor's expense.
- The debtor is stripped of Greek citizenship.
- The court condemns the debtor to a pecuniary penalty (χρηματική ποινή) up to €50,000 in favor of the creditor and personal detention (προσωπική κράτηση) up to one year to compel compliance. Correct answer.
Explanation
Article 946 § 1 ΚΠολΔ provides that if the act cannot be performed by a third party and depends solely on the debtor's will, the court sentences the debtor to pay a monetary penalty (χρηματική ποινή) and to personal detention (προσωπική κράτηση) of up to one year as coercive measures (μέσα πίεσης).
Question 35Role knowledge and related same-jurisdiction law
Under Article 947 § 1 ΚΠολΔ, what execution sanctions apply when a debtor violates an injunction to refrain from an act or tolerate an act (υποχρέωση παράλειψης ή ανοχής πράξης)?
- The debtor is fined for every future violation and sentenced to personal detention up to one year for each breach, as fixed in the judgment. Correct answer.
- The bailiff immediately liquidates the debtor's real estate without auction.
- The debtor's driver's license is permanently revoked.
- No sanctions exist other than filing a new civil lawsuit.
Explanation
Under Article 947 § 1 ΚΠολΔ, if the debtor violates an obligation to refrain from doing something or to tolerate an act, the court threatens in advance and the bailiff executes a monetary fine (χρηματική ποινή) and personal detention (προσωπική κράτηση) of up to one year for every individual future infringement.
Question 36Role knowledge and related same-jurisdiction law
Under Article 82 of Law 2318/1995, as amended by Law 5197/2025, what is the mandatory retirement age for judicial bailiffs in Greece?
- Fifty-five (55) years of age.
- Sixty-five (65) years of age, as the Code originally provided.
- Seventy (70) years of age, with departure taking effect at the end of the calendar year in which that age is completed. Correct answer.
- There is no retirement age; appointment is for life.
Explanation
Article 82 of Law 2318/1995 originally required a judicial bailiff to retire on reaching the age of 65. Law 5197/2025 (ΦΕΚ Α' 76/16.05.2025) raised the limit to the seventieth year, with the bailiff leaving the service at the end of the calendar year in which that age is completed. The same statute also raised the upper age for entering the competition from 40 to 50.
Question 37Role knowledge and related same-jurisdiction law
Under Article 143 ΚΠολΔ, who is an agent authorized to receive service (αντίκλητος) and what is the legal effect of service upon them?
- A stranger appointed by the bailiff on the street.
- A person designated by a party to receive documents, service on whom is valid only if the party is also notified separately.
- An unsworn relative who lives in a foreign country.
- A person legally designated by a party (such as their attorney of record) to receive judicial documents; service upon the αντίκλητος is legally equivalent to personal service on the principal. Correct answer.
Explanation
Under Article 143 § 1 ΚΠολΔ, the process agent (αντίκλητος) appointed in pleadings or by formal declaration is authorized to receive all procedural documents relating to the litigation. Service on the appointed αντίκλητος produces the exact same legal effects as personal service on the party.
Question 38Role knowledge and related same-jurisdiction law
Under Article 907 and Article 908 ΚΠολΔ, what is a provisionally enforceable judgment (προσωρινά εκτελεστή απόφαση)?
- A draft judgment that has not been signed by the presiding judge.
- A judgment that may be enforced only once the appeal period has run out unused.
- An informal mediation recommendation that parties can optionally follow.
- A first-instance judgment declared provisionally enforceable by the court, permitting forced execution before the judgment becomes final (τελεσίδικη). Correct answer.
Explanation
Articles 907 and 908 ΚΠολΔ authorize courts of first instance to declare their judgments provisionally enforceable (προσωρινά εκτελεστές) upon request or ex officio in specific disputes (e.g. maintenance, wages, commercial debts), permitting the creditor to initiate forced execution notwithstanding an appeal.
Question 39Role knowledge and related same-jurisdiction law
Under Article 481 of the Greek Civil Code (Αστικός Κώδικας - ΑΚ), what is solidary / joint and several debtor liability (παθητική εις ολόκληρον ενοχή)?
- The creditor is entitled to demand the entire performance from any one of the debtors at their choice, until the obligation is completely satisfied, but performance by one discharges all debtors. Correct answer.
- Each debtor is liable only for their equal fractional share of the debt.
- The debtors are only liable if the primary debtor becomes bankrupt.
- The creditor must sue all debtors simultaneously in a single joint action under pain of nullity.
Explanation
Under Article 481 ΑΚ, in joint and several liability (εις ολόκληρον ενοχή), each co-debtor is liable for the entire debt (in solidum), and the creditor may claim full payment from any debtor of their choosing. Full payment by one co-debtor discharges the obligation toward the creditor for all co-debtors.
Question 40Role knowledge and related same-jurisdiction law
Under Article 855 of the Greek Civil Code (ΑΚ), what is the benefit of discussion (ένσταση διζήσεως) available to a civil guarantor (εγγυητής)?
- The right to refuse payment until the creditor has unsuccessfully attempted forced execution against the principal debtor's assets. Correct answer.
- The right to reduce the guaranteed amount by 50% automatically.
- The right to transfer the debt to the guarantor's children.
- The right to demand an immediate jury trial.
Explanation
Article 855 ΑΚ establishes the benefit of discussion (ένσταση διζήσεως): the guarantor has the right to refuse to pay the creditor until the creditor has pursued forced execution against the primary debtor without success. This defense is excluded if waived (e.g. acting as joint debtor - αυτοοφειλέτης under Art. 857).
Question 41Role knowledge and related same-jurisdiction law
Under Article 974 of the Greek Civil Code (ΑΚ), how is physical possession (νομή) distinguished from mere detention (κατοχή)?
- Possession applies only to registered vehicles, while detention applies to cash.
- Possession requires a registered title, while detention arises from mere physical control.
- Possession (νομή) requires physical control over the thing coupled with the intent to hold it as owner (animus domini), whereas detention (κατοχή) involves physical control based on a legal relationship acknowledging another's ownership (e.g. lease). Correct answer.
- There is no legal difference between possession and detention in Greek law.
Explanation
Under Articles 974 and 976 ΑΚ, possession (νομή) requires the union of physical mastery (corpus) and the intent to hold the object as owner (animus domini). Detention (κατοχή) exists when physical control is exercised in the name of another, such as by a tenant (μισθωτής), borrower, or depositary under a contractual relationship.
Question 42Role knowledge and related same-jurisdiction law
Under Article 1257 of the Greek Civil Code (ΑΚ), what is a mortgage (υποθήκη) and what right does it confer on the mortgagee creditor?
- Immediate physical possession and residential occupancy of the debtor's home.
- A personal claim against the debtor that gives no priority over other creditors of the same debtor.
- An automatic transfer of title to the creditor without auction.
- A real property security right (εμπράγματο δικαίωμα) over an immovable asset granting the creditor preferential satisfaction from the auction proceeds upon debtor default. Correct answer.
Explanation
Article 1257 ΑΚ defines a mortgage (υποθήκη) as an in rem security right established on another's immovable property to secure a claim through preferential satisfaction (προνομιακή ικανοποίηση) from the value of the property upon forced auction.
Question 43Role knowledge and related same-jurisdiction law
Under Article 1209 of the Greek Civil Code (ΑΚ), what is a pledge (ενέχυρο) and on what property can it be established?
- A real security right established on movable property requiring delivery of physical possession to the creditor (or non-possessory under Law 2844/2000). Correct answer.
- An in rem right established exclusively on registered real estate.
- A personal promise made in the presence of municipal authorities.
- An administrative fine imposed by the tax bureau.
Explanation
Under Article 1209 and Article 1211 ΑΚ, a pledge (ενέχυρο) is a real property security right established over foreign movable property or claims, securing a monetary demand through delivery of possession to the pledgee creditor (or registration under special statutes like Law 2844/2000).
Question 44Role knowledge and related same-jurisdiction law
Under Article 939 of the Greek Civil Code (ΑΚ), what is an action for revocation of fraudulent conveyance (αγωγή διάρρηξης καταδολιευτικής απαλλοτρίωσης - Actio Pauliana)?
- An action by a debtor to cancel all banking interest.
- A remedy allowing a creditor to have any transfer by the debtor set aside, whether or not the transferee knew of the debtor's intent.
- A criminal complaint for commercial trademark theft.
- A legal remedy permitting creditors to revoke alienations of property made by the debtor with intent to cause detriment to creditors, if the debtor's remaining estate is insufficient to satisfy the debt. Correct answer.
Explanation
Under Article 939 ΑΚ, any creditor has the right to demand the revocation (διάρρηξη) of any alienation of property made by the debtor to their detriment, if the debtor acted with fraudulent intent to diminish assets and the debtor's remaining property is insufficient to satisfy the debt. The counterparty must have known of the fraudulent intent unless the transfer was gratuitous (Art. 941).
Question 45Role knowledge and related same-jurisdiction law
Under Article 946 of the Greek Civil Code (ΑΚ), what is the limitation period for filing an action for revocation of a fraudulent alienation (διάρρηξη)?
- Six (6) months from the date of the debtor's default.
- Twenty (20) years matching ordinary civil limitation.
- Five (5) years from the date the alienation was made. Correct answer.
- There is no limitation; the action can be brought at any time.
Explanation
Article 946 ΑΚ explicitly prescribes that the claim for revocation of a fraudulent alienation is barred (παραγράφεται) upon the lapse of five (5) years from the date on which the alienation was carried out.
Question 46Role knowledge and related same-jurisdiction law
Under Article 455 of the Greek Civil Code (ΑΚ), what is required to effect a valid assignment of a claim (εκχώρηση απαίτησης) and make it effective against the debtor?
- An agreement between assignor and assignee, followed by formal notification (αναγγελία) of the assignment to the debtor under Article 460 ΑΚ. Correct answer.
- Prior written consent of the debtor and the tax authority.
- Approval by the Single-Member Court of First Instance in voluntary jurisdiction.
- Physical surrender of the debtor's identity card.
Explanation
Under Article 455 and Article 460 ΑΚ, an assignment is concluded by contract between assignor and assignee. However, the assignee does not acquire enforceable rights against the debtor until the assignor or assignee formally notifies (αναγγείλει) the assignment to the debtor.
Question 47Role knowledge and related same-jurisdiction law
Under Article 416 of the Greek Civil Code (ΑΚ), what is the legal effect of payment (καταβολή) of a debt?
- Payment extinguishes the obligation if made to the creditor or a person authorized to receive it. Correct answer.
- Payment merely converts the debt into a long-term loan.
- Payment suspends interest for three months.
- Payment requires notarial certification to extinguish liability.
Explanation
Article 416 ΑΚ provides the fundamental rule of discharge: the obligation is extinguished by payment (η ενοχή αποσβήνεται με καταβολή), provided performance is rendered to the creditor or a person legally or contractually authorized to receive it (Article 417 ΑΚ).
Question 48Role knowledge and related same-jurisdiction law
Under Article 250 of the Greek Civil Code (ΑΚ), what is the statute of limitations for commercial claims of merchants, manufacturers, and professionals for goods supplied or services rendered?
- One (1) year.
- Ten (10) years.
- Five (5) years, commencing from the end of the year in which the claim was born and could be pursued. Correct answer.
- Twenty (20) years.
Explanation
Article 250 (items 1 to 18) ΑΚ establishes a special short limitation period of five (5) years for claims of merchants, artisans, professionals, and service providers for the delivery of goods or services. Under Article 253 ΑΚ, this period begins at the end of the calendar year in which the claim arose and could be judicially pursued.
Question 49Role knowledge and related same-jurisdiction law
Under Article 1033 of the Greek Civil Code (ΑΚ), which two statutory formalities are mandatory for the valid voluntary transfer of ownership of immovable property?
- A private written contract and payment of municipal taxes.
- A notarial deed alone, registration being optional and relevant only to third parties.
- An oral agreement before two witnesses and delivery of the property keys.
- A notarial deed (συμβολαιογραφικό έγγραφο) and transcription/registration in the public Land Registry / Cadastre (μεταγραφή/εγγραφή). Correct answer.
Explanation
Article 1033 ΑΚ establishes that the transfer of ownership of an immovable property requires an agreement between the owner and the acquirer that ownership is transferred for a lawful cause, drawn up by notarial deed and followed by transcription (or registration) in the competent Land Registry (Υποθηκοφυλακείο) or Cadastral Office (Κτηματολογικό Γραφείο).
Question 50Role knowledge and related same-jurisdiction law
Under Greek civil law (Article 1142 et seq. AK and Article 1022 KPolD), how can a judgment creditor enforce a monetary claim against a debtor who holds a personal usufruct (επικαρπία) over real estate?
- By seizing the bare ownership (ψιλή κυριότητα) belonging to the third party.
- By seizing and auctioning the usufruct right itself as an ordinary immovable interest.
- By arresting the usufructuary debtor under civil contempt rules.
- By seizing the exercise of the usufruct (άσκηση της επικαρπίας), such as rental yields, via special asset seizure under Article 1022 KPolD. Correct answer.
Explanation
While the usufruct right itself is non-transferable (Article 1166 ΑΚ) and therefore cannot be auctioned directly, its exercise (άσκηση επικαρπίας) can be transferred and is subject to seizure by creditors under Article 1022 of the Code of Civil Procedure (seizure of special asset rights / κατάσχεση ειδικών περιουσιακών στοιχείων), allowing creditors to collect rents or economic benefits.