Section 8 Presumption of paternity
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Article 9-Presumption of paternity The putative father of any child born during the lifetime of the civil union or within three hundred days of its dissolution or annulment shall be the man with whom the mother entered into the union. That presumption may be rebutted only by an irreversible judicial decision. Articles 1466 et seq. of the Civil Code and Articles 614 et seq. of the Code of Civil Procedure shall be applicable by analogy.
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Section 9 – Children’s surname Children’s surname “Any child born during the lifetime of the civil union or within three hundred days of its dissolution or annulment shall bear the surname chosen by its parents by means of a joint and irrevocable declaration contained in the civil union contract or in a subsequent notarized instrument drawn up before the birth of the first child. The surname chosen shall be given to all the children and must be the surname of one of the parents or a combination of their surnames. In no circumstances may it be made up of more than two surnames. If no declaration is made, the child shall be given a composite surname made up of the surnames of both parents. If the surname of one or both parents is a composite name, the child’s surname shall be formed by the first of the two names. |
Article 10-Childern’s surname Any child born during the lifetime of the civil union or within three hundred days of its dissolution or annulment shall bear the surname chosen by its parents by means of a joint and irrevocable declaration contained in the civil union contract or in a subsequent notarized instrument drawn up before the birth of the first child. The surname chosen shall be given to all the children and must be the surname of one of the parents or a combination of their surnames. In no circumstances may it be made up of more than two surnames. If no declaration is made, the child shall be given a composite surname made up of the surnames of both parents. The surname to be put first shall be the one of which the initial letter precedes in alphabetical order. If the surname of one or both parents is a composite name, the child’s surname shall be formed by the first of the two names.
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Section 10 Parental responsibility 1. Parental responsibility for a child born during the lifetime of the civil union or within three hundred days of its dissolution or annulment shall be held by both parents and exercised jointly. The provisions of the Civil Code concerning parental responsibility for children born within marriage shall be applicable by analogy. 2. If the civil union is dissolved for the reasons referred to in sections 2 and 4 of this Law, Article 1513 of the Civil Code shall apply by analogy for the purposes of parental responsibility. |
Article 11-Parental responsibility
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Article 12-Applicability by analogy of the other provisions-Delegations If no different special regulation exists in the present or another law, other legal provisions on claims between the (married) spouses, as well as on claims, benefits and privileges against third parties or against the State, shall apply by analogy to the parties of the civil union. Pursuant to the requirements of the present article, the respective regulations of labor law and of social security law may be readjusted, where required, by presidential decree issued after proposal made by the Minister of Labor, Social Security and Social Solidarity within six months from the date of entry into force of this law.
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Section 13 Scope This Law shall apply to all civil unions entered into in Greece or before a Greek consular authority. In all other cases the law designated by the rules of international private law shall apply. |
Article 13-Scope
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Article 14-Amendments on Civil Code provisions Articles 1354, 1462, 1463 and 1576 of the Civil Code shall be amended as follows: Article 1354: “Obstacle from existing marriage or from civil union with a third party” Marriage is hindered before the dissolution or the irreversible annulment of an existing marriage, as well as before the dissolution or the annulment, by an irreversible judicial decision, of the civil union bonding the person about to be married with a third party. Spouses may repeat their marriage before it is annulled.
Article 1462: “Relationship by marriage” Relatives by blood of the one of the (married) spouses shall be relatives by marriage of the other, in equal line and degree. This is equally applicable in the case of civil union. Relationship by marriage shall be maintained after the dissolution or the annulment of either the marriage or the civil union by virtue of which it has been generated.
Article 1463 A person’s relationship with his or her mother shall be deduced from birth. The relationship with the father and his relatives shall be deduced from the marriage or the civil union between the mother and the father or it shall be established by recognition, either voluntary or judicial.
Article 1576: “Automatic dissolution” If, in non-compliance with the law, the adopter and the adoptee marry each other or conclude a civil union with each other, the adoption shall be automatically annulled and the relation deriving shall be lifted ex tunc. If the marriage or the civil union is annulled, the adoptee may maintain only the property rights derived from the adoption.
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