1 Which law applies?
1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?
The property regime of spouses is regulated by the law which applied to their personal relations immediately after the marriage took place (Art. 14 and 15 of the Hellenic Civil Code, hereinafter HCC), namely in the following order: 1. the law of the spouses' last common nationality during the marriage, if one of them has retained it 2. in absence thereof, the law of their last common habitual residence during the marriage and 3. in absence thereof, the law to which the spouses have the closest ties.
1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?
The spouses cannot choose the law applicable to their property by means of contract. The Hague Convention of 14 March 1978 referred to above has not been ratified by Greece. Consequently, the Greek rules of private international law apply ex lege.
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Couples in Greece
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