News Supreme Court rulings July 2013

Charge of separation to arrogant husband

The Supreme Court in ruling no. 1239/2013 affirmed that the arrogant attitude of the unfaithful husband, toward his sick wife, can also be valid grounds for charging the separation. Moreover, the man had also left the marital home without providing valid evidence that the marital crisis was to be charged to a cause other than his extramarital affair.

Circulation of the vehicle against the owner’s will

In a ruling dated June 27, 2013, No. 16217, the Supreme Court ruled that, in the case of a traffic accident, the owner of the vehicle is not liable for the accident only if, he or she irrefutably proves that the vehicle was circulating against his or her will. The i Cassation made it clear that it is necessary to prove that said circulation took place against his express will, the owner’s mere manifestation of dissent to the use of the vehicle not being sufficient. Therefore, the owner will have to prove that he or she has, in fact, behaved in such a way as to prevent the vehicle from being driven, as well as, that he or she has taken all possible precautions.

Climbing plants on condominium balconies

In a recent ruling, the Supreme Court, in Judgment no. 15552/2013, clarified that wooden trellises for climbing plants placed on the balconies of some condominiums do not affect the architectural decorum of the condominium. The court pointed out that the wooden structure with a plant support function did not cause any harm to the aesthetics of the building. The court in making the above decision not only took into account that the defendants’ balconies overlooked the inner courtyard of the building used as a parking lot but also noted that there were other balconies on the same facade used for hanging clothes and placing objects.