December 2019

Decision of the Athens Court of Appeal on the Validity of the Share Transfer Agreement

The Athens Court of Appeal issued the decision no. 6993/2019, which rejected our opponent's claim for the recognition of the invalidity of a share transfer contract between mother and son due to the mother's legal incapacity. The court held that the mother at the time of the transfer was fully conscious of her actions and was not in a state of mental or intellectual disorder that decisively limited the operation of her will. A critical passage from the judgment is quoted: 'It should also be noted that, at no time were .... psychotropic drugs to treat the impairment of her mental and intellectual functions, as alleged by the applicant, it was not considered necessary to undergo a psychiatric or neurological examination to assess her state of health and she was never subjected to an MRI or an encephalogram to assess the progress of her illness or to an ammonia measurement, which reflects the existence of hepatic encephalopathy, as this was not considered necessary by her treating physicians'.