Keywords
Fraudulent intent (dolus), Consumer insolvency, Over-indebtedness, Greek Law 3869/2010, Strategic default, Moral hazard, Debt discharge, Comparative insolvency law, Debtor culpability, Burden of proof, Strategic default, Bad faith debtor
Abstract
Under Law 3869/2010 in Greece, fraud plays a central role in determining eligibility for debt relief. The law aims to protect individuals from banking practices that have led them to over-indebtedness, except for those who know they cannot or do not wish to repay their debts. Fraud is defined as a subjective element that must be proven by the creditor, highlighting behaviors such as willful avoidance of payments despite having the means to do so. The evaluation of the debtor's actions is examined for intent, particularly considering factors such as the debtor's lack of experience or understanding. Greek courts emphasize that mere over-indebtedness does not equate to fraud. To establish fraud, it must be proven that the debtor undertook excessive debts knowing it would lead to an inability to pay. This evaluation is complex, with factors like the debtor's awareness of their financial situation and prevailing economic conditions playing a significant role. In conclusion, there is a comparison with other jurisdictions.
Repository Citation
Andreas-Nikolaos Koukoulis,
Jurisprudential Approach to the Concept of Intent in Greek Law 3869/2010 (Personal Bankruptcy) with Comparative Perspectives,
18 J. Civ. L. Stud.
(2026)
Available at: https://digitalcommons.law.lsu.edu/jcls/vol18/iss1/10