Kara Sears
The legal system of a country is shaped by its unique history and incorporates individual variations. The Greek legal system has its roots in ancient Greece, dating back to 1000 B.C., and extending to the 1st century B.C. when Rome conquered Greece. The term Ancient Greek Law refers to a collection of laws of Greek city-states, with each city-state possessing and administering its own set of laws. Greece has been a member of the European Communities and the European Union, and is therefore bound by EU legislation. The country's Civil Code, which has been in effect since 1946, covers most issues of private law and has been amended several times. The Greek legal system can be classified as either common law or civil law.
| Characteristics | Values |
|---|---|
| Legal foundations | Common foundations gave rise to a variety of individual legal systems. |
| Legal history | The Greek legal system has roots in ancient Greece, dating back to 1000 B.C. |
| Legal culture | "Ancient Greek Law" refers to a collection of laws of Greek city-states, which shared many common characteristics. |
| Legal codes | The Civil Code has been in effect since 1946 and covers most issues of private law. |
| Legislative instruments | Statutes adopted by the President of the Republic, Regulatory Presidential Decree, Regulatory Administrative Acts, EU founding treaties, and Regulations. |
| Legal professions | Practicing lawyer, judge, notary, and legal advisor. |
| Legal system type | Greece's legal system is based on civil law, which is a codified system. |
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What You'll Learn
Greece's legal history
The legal history of Greece is a long and complex one, dating back to almost 1000 B.C. and extending to the 1st century B.C. when Rome conquered Greece. The term "Ancient Greek Law" refers to a collection of laws of various Greek city-states, which shared many common characteristics.
In the 7th century B.C.E., a movement for legal codification swept the Greek world. This movement was led by famous lawgivers such as Draco, Solon of Athens, Zaleucus of Locri Epizephyrii, Charondas of Catana, and Lycurgus of Sparta. These lawgivers established written statutes and codes of procedural methods and substantive rules for the administration of justice. However, despite these efforts, Ancient Greek Law never attained the doctrinal refinement of Roman law due to its narrow clinging to literal interpretation and the absence of analytical dealing with statutes and legal situations.
After Greece became part of the Roman Empire around 146 B.C., the Romans introduced the notion of legal science and the discipline of law. The history of Roman law can be traced back to the 5th century B.C. when it was first written and drafted by a commission. During the classic era of Roman law, great legal scholars such as Cicero, Seneca, and Papinianus contributed to its development.
During the Byzantine years, the legal science established by the Romans continued to evolve. In 527 A.D., Emperor Justinian ascended the throne and decided that the entire legislation should be codified, resulting in the corpus juris civilis or the Justinianian Code. This codification process was overseen by a committee that included the renowned legal expert Trivonianus. Later, in 892 A.D., Emperor Leo VI of the Macedonian Dynasty simplified and translated the corpus juris civilis from Latin to Greek, creating the "royal laws" or Vasilika.
After the establishment of the Modern Greek state in 1832, efforts were made to institute a common civil code. Regional civil codes were applied during this time, such as the Ionian Code of 1841, the Samiakos Code of 1899, and the Cretan Code of 1903. Today, Greece is a member of the European Union and is bound by EU legislation. The Greek Civil Code has been in effect since 1946, covering most issues of private law and has been amended multiple times.
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The influence of ancient Greek law
Ancient Greek law refers to the collection of laws of Greek city-states, which shared several common characteristics. While there was never a system of institutions recognised across the nation as a whole, there were some basic approaches to legal problems, certain methods used in producing legal effects, and a shared legal terminology. The laws of ancient Greece were determined by three dominant factors. Firstly, the existence of a multiplicity of city-states (poleis), each of which possessed and administered its own set of laws. Secondly, in many of these poleis, the laws were laid down in written statutes, some of which were elaborate and more or less complete codes setting forth procedural methods and substantive rules for the administration of justice. The third factor was the absence of a body of jurisprudence comparable to that of the Romans.
The Athenian law codes set forth by Draco were completely reformed by Solon, who was the archon of Athens around 593 BC. Solon's reforms included changes to land ownership, the cancellation of debts, and the abolition of slavery for those born in Athens. However, attributing specific legal innovations and reforms to Solon and his successors is difficult because there was a tendency in ancient Athens to ascribe laws to Solon irrespective of the date of enactment.
While ancient Greek law had little influence on later developments in west European legal doctrine, it did shape the legal culture of Greece, with some ancient traditions surviving in isolated places. The Greek legal system today is a mix of regional civil codes and EU legislation, as Greece is a member of the European Union.
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Greece's modern legal system
The Greek legal system has evolved significantly over the centuries, influenced by the Byzantine Empire, the Roman conquest of Greece in the 1st century B.C., and later, the Napoleonic Code. The concept of codification in Greek law dates back to ancient times, with the Code of Hammurabi as an early example. The country's legal history also includes regional civil codes, such as the Ionian Code of 1841, the Samiakos Code of 1899, and the Cretan Code of 1903.
Today, Greece's legal system is primarily based on civil law, also known as Roman law, which is the most widespread legal system globally by landmass and population. As a member of the European Union, Greece is bound by EU legislation, which forms an essential part of its modern legal framework. The country's Civil Code, introduced in 1946, covers various issues of private law and has been amended multiple times to align with EU laws and international conventions.
In recent years, Greece has adopted laws as part of economic reforms, including the Bankruptcy Code and laws related to administrative procedures, court fees, voluntary disclosure of taxable information, and electronic transactions. The most common legal professions in the country include practicing lawyers, judges, notaries, and legal advisors.
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The Greek Civil Code
Greece is a mix of civil law and common law. The Greek Civil Code, which has been in effect since 1946, covers most civil law issues. It amalgamates ideas from Eastern Roman law and German civil law, with some influence from other European laws.
The Greek legal culture has its roots in ancient Greece, dating back to almost 1000 B.C. and extending to the 1st century B.C. when Rome conquered Greece. The term "Ancient Greek Law" refers to a collection of laws of Greek city-states, which shared many common characteristics. Cities with the same political organization had more in common than cities with different regimes. Thus, "ancient Greek law" stands for a "family" of legal cultures, each representing a different legal order.
In the 5th and 4th centuries B.C.E., Greek legal life was determined by three dominant factors. Firstly, the existence of multiple city-states (poleis), each with its own set of laws. Secondly, in most poleis, these laws were laid down in written statutes, some of which were elaborate codes setting forth procedural methods and substantive rules for the administration of justice. The third factor was the absence of a body of jurisprudence comparable to that of the Romans.
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Greece and the EU
The legal system of each country is shaped by its unique history and so incorporates individual variations. Greece's legal culture has its roots in ancient Greece, dating back to almost 1000 B.C. and extending to the 1st century B.C. when Rome conquered Greece. The term “Ancient Greek Law” refers to a collection of laws of Greek city-states, which shared many common characteristics.
In the 5th and 4th centuries B.C.E., Greek legal life was determined by three dominant factors. Firstly, the existence of a multiplicity of city-states (poleis), each of which possessed and administered its own set of laws. Secondly, the fact that in many, if not most, of the poleis, the laws were laid down in written statutes, some of them being elaborate and more or less complete codes setting forth procedural methods and substantive rules for the administration of justice. The third determining factor for Greek law was the absence of a body of jurisprudence comparable to that of the Romans.
Greece was conquered by the Romans around 146 B.C. and thus became part of the Roman Empire. The Romans created the notion of legal science, or law as a discipline. The history of Roman law starts from the time law became written (dodekadeltos nomos) around the 5th century B.C. The Greek philosophy of justice and the positive law of ancient Greece had little influence on later developments. However, certain institutions of Greek origin, such as the “Rhodian” maritime law of jettison or certain methods of documentation, were adopted by the Romans.
Greece is a member of the European Union and is therefore bound by EU legislation. The hierarchy of legal instruments in Greece is as follows: the Constitution, European Union law, international agreements, laws and decrees, regulations issued by the Government, and regulations issued by ministers. The Civil Code, which covers most issues of private law, has been in effect since 1946 and has been amended several times. In addition, specific legislation has been adopted to regulate specific areas of law, such as labor law or corporate law.
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Frequently asked questions
No, Greece is not a common law country. Common law systems, which were developed in England, are the most widespread in the world and are employed by the greatest number of people. Greece, on the other hand, has a civil law system, which is influenced by Greco-Byzantine law and other European legislation.
The Civil Code, which has been in effect since 1946, forms the basis of Greece's civil law system. It covers most issues of private law and is divided into five parts: general principles, recognizance law, real estate law, family law, and inheritance law.
The history of Greek law can be traced back to ancient Greece, dating from 1000 B.C. to the 1st century B.C. when Greece was conquered by Rome. During this period, each city-state (polis) had its own set of laws, which were often laid down in written statutes. The concept of codification in Greek law can be attributed to lawgivers like Draco and Solon of Athens, whose enactments have been preserved in inscriptions and literary quotations.
As a member of the European Union, Greece is bound by EU legislation. This means that EU laws and treaties take precedence over Greek national laws and decrees. Greece's legal system has also been influenced by international conventions and agreements with other parties, which can impact specific areas of law such as copyright and company operations.
