Conditions for Tort Liability in Greece — Fault, Causation and Monetary Satisfaction for Moral Damage
Whenever someone suffers damage due to the unlawful conduct of another person — such as in a road traffic accident, professional negligence, bodily injury or infringement of personality rights — the key question is whether there is a legal obligation to compensate. The answer lies in the rules on tort liability in Greece, one of the most fundamental institutions of Greek civil law. Understanding its conditions is the starting point for any claim for damages in Greece.
The Legal Basis — Article 914 et seq. of the Greek Civil Code
Article 914 of the Greek Civil Code sets out the general rule of tort liability: anyone who unlawfully and culpably causes damage to another person is obliged to compensate them.
As a rule, the following key conditions arise from this provision:
act or omission,
unlawfulness,
fault, meaning culpability,
damage,
and causal link between the unlawful conduct and the damage.
These conditions must be examined cumulatively. If one of them is missing, the compensation claim may be dismissed or limited, depending on the facts and the legal basis of the case.
First Condition — Unlawful Act or Omission
Unlawfulness does not always mean a criminal offence. In civil law, conduct may be unlawful where it violates a statutory provision, infringes an absolute right or legally protected interest of another person, or breaches a rule established to protect specific interests.
An unlawful act may exist, indicatively, in cases of bodily injury, infringement of personality rights, property damage, professional negligence or breach of specific safety duties.
An omission may also give rise to tort liability, but not in every case. There must be a specific legal duty to act, which may arise from the law, a contract, prior dangerous conduct, or a special relationship of protection. For example, liability may arise for an employer who fails to take necessary safety measures, a professional who omits an act required by professional diligence, or a person who previously created a dangerous situation and failed to take steps to prevent damage.
Second Condition — Fault or Culpability
Fault is the subjective link between the person responsible and the unlawful conduct. Under Greek law, it mainly appears in two forms: intent and negligence.
Intent: Intent exists where the person responsible seeks or accepts the unlawful result. A specific intention to harm is not always required. In certain cases, eventual intent may be sufficient, meaning acceptance of the risk that damage may occur.
Negligence: Negligence exists where the diligence required in transactions is not observed. In practice, the court examines what a prudent and diligent person would have done under the same or similar circumstances. In professional activities, the applicable standard of care is assessed also by reference to the nature of the profession, the specific rules of the sector and the circumstances of the case.
It should not be assumed that intent is required in order for tort liability to arise. In many cases, negligence is sufficient to establish a compensation claim, provided that the other conditions are also met.
Capacity for Attribution
Tort liability generally requires that the act can be attributed to the person who committed it.
The Greek Civil Code contains specific rules for cases where attribution is excluded, such as where a person acted without consciousness of their actions or while suffering from a mental or intellectual disorder that decisively restricted the operation of their judgment and will.
Special rules also apply to minors. A person who has not completed the tenth year of age is not liable for the damage they caused. For minors who have completed the tenth but not the fourteenth year of age, liability depends on whether they acted with discernment.
In such cases, the liability of persons responsible for supervision may also be examined, provided that the statutory conditions are met.
Third Condition — Damage
Without damage, there is no compensation claim. Damage must be specific, provable and connected with the unlawful conduct.
Damage may include:
Actual loss: Reduction of existing assets, such as medical expenses, repair costs, restoration expenses, destruction of property or another direct financial burden.
Loss of profit: The benefit that the injured party would probably have obtained, according to the ordinary course of events, if the tort had not occurred. This may include loss of salary, loss of professional income or interruption of business activity.
Future damage: Damage that has not yet fully materialised but is sufficiently certain on the basis of the available evidence. This may arise in cases of permanent disability, future medical treatment or long-term loss of income.
Damage should not be asserted vaguely. It must be supported by documents, receipts, medical reports, expert opinions, tax records or other suitable evidence, depending on the case.
Fourth Condition — Causal Link
For tort liability in Greece to arise, it is not enough that there is an unlawful act and damage. The damage must be a consequence of the unlawful conduct.
Under Greek law, causation is assessed by examining whether the conduct was, according to the ordinary course of events and common experience, capable of producing the specific result.
The causal link may be weakened or excluded where the damage is due to an independent event, the exclusive fault of a third party, force majeure, or the exclusive conduct of the injured party.
If the injured party contributed by their own fault to the damage or to its extent, Article 300 of the Greek Civil Code on contributory fault applies. In that case, the court may refuse to award compensation or may reduce the amount, depending on the circumstances.
Monetary Satisfaction for Moral Damage — Article 932 of the Greek Civil Code
In addition to pecuniary damage, the injured party may claim monetary satisfaction for moral damage. Moral damage concerns the non-pecuniary harm caused by the tort, such as pain, psychological distress, infringement of honour, health, liberty or personality rights.
Article 932 of the Greek Civil Code provides that, in the event of a tort, the court may award reasonable monetary satisfaction for moral damage, independently of compensation for pecuniary damage.
The amount is not calculated by a mathematical formula. The court takes into account, among other factors:
the seriousness of the infringement,
the type and extent of the harm,
the degree of fault of the person responsible,
the circumstances of the act,
the age and personal situation of the injured party,
the conduct of the parties before and after the event,
and the other facts of the case.
In the event of death, the victim’s family may claim monetary satisfaction for mental anguish. This is an autonomous right connected with the personal psychological harm suffered by the family members.
The amounts awarded vary significantly from case to case. It is not safe to give general promises or specific predictions without assessing the facts, the evidence and the relevant case law.
Special Forms of Tort Liability
Beyond the general rule of Article 914 of the Greek Civil Code, the Civil Code provides for more specific forms of liability.
Article 919 — Conduct contrary to bonos mores: A person who intentionally causes damage to another in a manner contrary to good morals is obliged to compensate them. This provision does not cover every “unfair” or unpleasant conduct; intention to cause damage and conduct contrary to good morals are required.
Article 920 — Defamatory or inaccurate statements: In certain cases, liability may also arise from the dissemination or assertion of inaccurate information that damages another person, where the statutory conditions are met.
Article 922 — Liability of the person who appointed another: A person who appoints another to a service may be liable for damage unlawfully caused by the appointed person to a third party in the course of that service. This form of liability is particularly important in professional, corporate and employment relationships.
Article 923 — Liability of the person supervising another: This provision concerns the liability of a person who supervises a minor or an adult under judicial assistance, where such persons unlawfully cause damage to a third party, unless it is proven that proper supervision was exercised or that the damage could not have been prevented.
Particular care is required in relation to so-called dangerous activities. They should not be mechanically attributed to Article 923 of the Greek Civil Code. In many such cases, liability is based either on the general rule of Article 914 or on special statutory provisions or special legal regimes, depending on the nature of the activity.
FAQ — Frequently Asked Questions
Is negligence enough to establish tort liability, or is intent required?
In most cases, negligence is sufficient, provided that unlawfulness, damage and causal link are also established. The law does not always require an intention to harm. However, there are special provisions, such as Article 919 of the Greek Civil Code, where intention is required.
Can I claim moral damage if I have no financial loss?
Yes, under certain conditions. Monetary satisfaction for moral damage may be claimed independently of compensation for financial loss, provided that a tort exists and the non-pecuniary harm is proven.
When does a tort claim become time-barred?
A tort claim generally becomes time-barred after five years from the time when the injured party became aware of the damage and the person liable to compensate them. In any event, the claim becomes time-barred after twenty years from the act. If the tort also constitutes a criminal offence, the special rule of Article 937 of the Greek Civil Code concerning a longer criminal limitation period must also be examined.
If I was also at fault, do I lose my right to compensation entirely?
Not necessarily. Contributory fault may lead to a reduction of compensation or, in extreme cases, to no compensation being awarded. However, it should not be applied mechanically as a simple mathematical formula. The court assesses the contribution of each party to the damage and its extent.
Who must prove negligence?
As a rule, the burden of proof lies with the person bringing the compensation claim. They must prove the unlawful conduct, fault, damage and causal link. In certain special cases, the law introduces presumptions or modifies the burden of proof, so each case must be examined separately.
Tort liability in Greece is not an abstract legal concept. It is the mechanism through which unlawful and culpable conduct may be converted into a claim for damages. The success of such a claim depends on proper legal substantiation, sufficient evidence and careful assessment of both pecuniary damage and moral damage.
This article is for general informational purposes only and does not constitute legal advice. Each case requires an individual assessment based on its specific facts and the applicable legal framework. For tailored legal advice, please contact our law firm.
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