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The provisional protection of the financial “lessor”
according to Greek procedural law
Ioannis-Alexandros Farchount,
Attorney-at-law, LLM
Abstract: In the existing Greek law theory and legal practice, it is regarded as an almost
self-evident axiom that under a leasing agreement, in case of a material breach by the
lessee, the lessor can submit an interlocutory petition and ask for the eviction of the
lessee. Greek legal practice shows that the courts all too often restrict themselves to
examining if the contract has validly been terminated or otherwise ended. In doing so,
they seem to consider -sometimes expressly but all too often tacitly- that the unlawful
hindrance inflicted to the exercise of the lessor’s property rights constitutes in itself a
case of emergency or special urgency which can justify the eviction of the lessee through
provisional protection. The argument found in the core of this book holds in essence that
the eviction of the lessee through provisional protection is fundamentally incompatible
with various provisions of both the Greek Civil Code and the Civil Procedure Code. By
treating a financial lessor like any kind of lessor whose property rights are unlawfully be-
ing hindered, the existing legal practice seems to neglect the -in reality- pecuniary nature
of the lessor’s “grievance ”. The main question can be summarized as follows: Since the
compulsory auction of the debtor’s assets is considered to be the ultima ratio of enforce-
ment proceedings, how can such an assumption be reconciled with a legal practice which
allows for the removal of leased objects at the early stages of provisional protection?
ISBN 978-960-562-578-8
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