Διεθνής δικαιοδοσία, αναγνώριση και εκτέλεση αλλοδαπών αποφάσεων στην Ελλάδα με έμφαση σε διαφορές ναυτιλιακού ενδιαφέροντος
SubjectΝαυτιλία -- Δίκαιο και νομοθεσία
The main topic of this diploma thesis is the examination as well as the evaluation of the method by means of which the greek courts handle and confront arising subjects of international jurisdiction, recognition and enforcement of foreign judgments (including arbitration matters), emphasizing on subjects of maritime interest. Owing to the abundance of alien factors in marine disputes, emanating from the pluralistic nature of the maritime activities, this diplomatic work is going to focus on the greek established precedent, as formed since 2005. Furthermore, a rigorous explanation regarding the way the appropriate greek courts deal with matters of international jurisdiction, recognition and enforcement of foreign judgments, as far as maritime litigations are concerned, will take place. This analysis is in full accordance with the greek Code of Civil Procedure as well as the European Law of Civil Procedure, in combination with a review of Brussels’ Convention (1968), Lugano’s Convention and finally Regulation No 44/2001 of the European Union. Moreover, there will be a reference to the conditions and the impediments concerning the recognition and enforcement of foreign judgments, pursuant to greek code of Civil Procedure and Regulation No 44/2001. Additionally, there will be a thorough presentation of the most significant international conventions, regarding maritime issues, which have been validated from Greece (particularly, the multi-partite Brussels’ Convention of 1952 concerning international jurisdiction on collision between ships, the multi-partite Brussels’ Convention of 1952 concerning provisional seizure of marine vessels and their cohesion to the Regulation of Brussels I and the Convention of New York of 1958. Last but not least, an assessment will be attempted regarding to which extent the Conventions and Regulations mentioned above have been implementated and incorporated in greek legal order.