4 / 40
Grounds for divorce –
Issues of substantive and procedural law
Andreas-Nikolaos Koukoulis
Attorney at Law, PhD
Abstract: The grounds for divorce, as well as substantive and procedural matters,
are subjects of this thesis. In Greek law, three grounds for divorce are provided:
spouses’ consent (CC1441), potent marriage shock (CC1439) and obscurity
(CC1440). I) The consensual divorce constitutes a realisation of private autono-
my in Family Law, which is protected bymeans of restraints provision and judge’s
more active role. II) Potent shock comes in three forms: In CC 1439 §1 is charac-
terised by its relativity, in CC 1439 §2 by its illegitimate absoluteness and in CC
1439 §3 by its genuine absoluteness. III) Obscurity constitutes an autonomous
divorce reason. Special provision should be enacted, with which the personality
of spouse is protected, who invested in a marital relationship, hoped for a lasting
symbiosis and his/her expectations were contradicted.
ISBN 978-960-562-583-2
COPYRIGHT
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted, in any form or by any means, without the prior
permission of NOMIKI BIBLIOTHIKI S.A., or as expressly permitted by law or
under the terms agreed with the appropriate reprographic rights organisation.
Enquiries concerning reproduction which may not be covered by the above
should be addressed to NOMIKI 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 S.A. makes no claim as to the comprehensiveness
or accuracy of the information provided; Information is not offered for the
purpose of providing individualized legal advice. Professional advice should
therefore 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 S.A. or the legal professionals
contributing to this publication.
23, Mavromichali Str., 106 80 Athens Greece
Tel.:
+30 210 3678 800
• Fax:
+30 210 3678 819
http://www.nb.org• e-mail:
info@nb.org© 2016, NOMIKI BIBLIOTHIKI S.A.