ΑΝΑΓΝΩΡΙΣΤΙΚΗ ΑΓΩΓΗ ΚΑΙ ΣΥΣΤΗΜΑ EΝΝΟΜΗΣ ΠΡΟΣΤΑΣΙΑΣ

23 Mavromichali str. | 106 80 | Athens | Greece T +30 210 3678 800 | F +30 210 3678 819 www.nb.org | info@nb.org © 2020, NOMIKI BIBLIOTHIKI S.A. Action for a declaratory judgment and legal protection system A contribution to the rapprochement between procedural and substantive law Michail Markoulakis Attorney-at- law, PhD ISBN 978-960-654-238-1 Abstract: In the civil law legal system, the action for a declaratory judgment has historically played a pivotal role in the doctrinal division between substantive and procedural law and the understanding of the latter as a distinct and autonomous field of law.The declaratory judgment is still commonly perceived as a purely proce- dural mechanism, which can be applied, if the plaintiff has an interest in the issuing of a declaratory judgment and regardless of the question if he has a claim against the defendant (pursuant to the respective rules of substantive law). The declaratory judgment differs, thus, from the suit for performance and the action for modification of rights, and it induces a breach to the coherency between procedural and substan- tive law,which is,asregardstheaforementionedtwokindsofactions,guaranteedby the modern understanding on the relationship between substantive and procedur- al law. The author examines the action for a declaratory judgment from a historical and systematic perspective and attempts to restore its connection to the system of substantive law. COPYRIGHT All rights reserved. No part of this publicationmay be reproduced, stored in a retriev- al system, or transmitted, in any form or by any means, without the prior permis- sion of NOMIKI BIBLIOTHIKI S.A., or as expressly permitted by law or under the terms agreed with the appropriate reprographic rights organization. Enquiries concerning reproduction which may not be covered by the above should be addressed to NO- MIKI BIBLIOTHIKI S.A. at the address below. DISCLAIMER The content of this work is intended for information purposes only and should not be treated as legal advice.The publication is necessarily of a general nature; NOMIKI BIBLIOTHIKI, the author and the contributors make no claim as to the comprehen- siveness or accuracy of the information provided; Information is not offered for the purpose of providing individualized legal advice. Professional advice should there- fore be sought before any action is undertaken based on this publication. Use of this work does not create an attorney-client or any other relationship between the user and NOMIKI BIBLIOTHIKI, or the author, or the rest of contributors. Also available at: www. qualex .gr