According to article 323 Code of Civil Procedure “by reservation of what is defined by the International Conventions, a judgment which has been issued by a foreign civil court is valid and consists res judicata in Greece without any other procedure, under the conditions that: 1) it consists res judicata according to the lex loci where it has been issued, 2) the case, according to the provisions of Greek Law, came within the jurisdiction of the Courts of the State to which the Court that issued the judgment belongs, 3) the losing litigant was not deprived from his right to defend himself and in general his right to participate in the trial was not breached, unless the deprivation (of this right) took place according to a provision that is in force, which (provision) is also in force for the nationals of the state to which the Court that issued the Judgment belongs, 4) is not in contrast to a Judgment issued by a Greek Court which (Judgment) has been issued for the same case and consists res judicata for the same litigants who submitted before the foreign court and 5) is not in contrast to the social morals or the public order (of Greece)”.
Our firm filled an application before the Single Member Court of First Instance of Athens (Non-Contentious Jurisdiction), requesting the recognition of res judicata of a divorce decision which was issued by the Regional Court of Santo Amaro, Sao Paulo Brazil, which dissolved the marriage between two individuals.
The Court accepted the application, issued Judgement No: 2141/2017 and recognised the effects of the marriage dissolution in Greece as well.