JURIDICAL ACTS IN BORDER
AREAS OF LAW 1892/90
Article 24
NOTION OF BORDER AREAS
1 For the purposes of implementing the law, the following are designated as border areas:
a. The Prefectures of Florina, Thesprotia, Kastoria, Xanthi, Rodopi, Evros, Samos, Chios, Lesbos, Dodecanese and Kilkis.
b. The eparchies of Pagoni and Konitsa in the Prefecture of Ioannina, of Almopia and Edessa in the Prefecture of Pella, of Sintiki in the Prefecture of Serres and of Nevrokopi in the Prefecture of Drama.
c. The islands of Skyros and Thera together with the islets under their administrative jurisdiction.
2 The designation of the above areas as Òborder areasÓ may be revoked by virtue of a presidential decree issued at the request of the Ministers of Foreign Affairs, of National Defence, of National Economy, of Finance and of Agriculture. By virtue of similar presidential decrees, other areas may be designated as Òborder areasÓ.
Article 25
PROHIBITION OF JURIDICAL ACTS
1 Juridical acts inter vivos conferring any real or contractual right upon natural or legal persons with respect to property located in the border areas are prohibited, as too is the transfer of shares or company parts and any change in the person of the partners of companies of any form which (companies) own property in the aforementioned areas.
2 ÇExcluded from this prohibition are transfers of shares listed on a Greek stock exchange, contracts providing for gifts from parents, leases of up to six years, contracts determining boundaries and contracts providing for the distribution of common or the transfer of a percentage of ab indiviso property between joint ownersÈ. [Paragraph 2 of article 25 was replaced as above by virtue of article 67 of Law 1969/91 (Government Gazette 167/A/91].
Article 26
PROCEDURE FOR THE LIFTING OF PROHIBITIONS
1 a. Natural and legal persons of Greek nationality and Greek descent, including Cypriots, as well as natural and legal persons of EC nationality may request the lifting of the prohibition of paragraph 1 of the preceding article by submitting an application which must state the purpose for which the property is to be used.
b. ÇThe said application is submitted to the committee which is formed for a five-year term in each prefecture or each eparchy by decision of the prefect or eparch respectively and is made up of the prefect or eparch as chairperson and one representative from each of the Ministries of National Defence, of National Economy, of Public Order and of Agriculture, which representatives are appointed together with their alternates by the corresponding ministries.
[Subparagraph (b) was replaced as above by virtue of article 8, par. 2 of Law 1898/90 (Government Gazette 125/A/90)].
c. The prohibition is lifted by decision of the committee, taken by the majority of its members and only if the vote of the National Defence Ministry representative is in favour of such lifting.
2 Natural and legal persons having the nationality of third countries may acquire the rights of paragraph 1 of article 25, in the areas of article 24 as well as in the areas of the Legislative Decree of 22.6.1927 by decision of the Minister of National Defence issued at the request of the interested party.
Article 27
LIFTING OF PROHIBITIONS
By decision of the committee referred to in article 26, which must be approved by the Minister of National Defence, it is permitted to lift the prohibition of paragraph 1 of article 25 for certain categories of juridical acts, which will be determined on the basis of their legal form, monetary value or the location and value of the property to which such acts pertain. The Minister of National Defence may reverse his decision with regard to the future.
Article 28
ACQUISITION OF REAL OR CONTRACTUAL RIGHTS
The acquisition by virtue of juridical acts inter vivos of real or contractual rights, by natural or legal persons on private islands or islets in Greece, as well as on property situated on private islands or islets, irrespective of where such islands or islets are located, requires a permit from the Minister of Agriculture which is issued subject to the consenting opinion of the competent service of the Ministry of National Defence (General Army Staff, General Navy Staff or General Air Staff), according to the area in question. The application for the granting of the permit is submitted by the person interested in acquiring the right to the Ministry of Agriculture and must be accompanied by a statutory declaration containing full details of the applicantÕs identity, his place of residence or stay, as well as the purpose for which the property is to be used.
Article 29
ACQUISITION OF REAL OR CONTRACTUAL RIGHTS
The acquisition by juridical act inter vivos of any real or contractual rights, for the opening up of roads or the performance of any mining or quarrying work on property in the areas of the mountainous regions of Kamvounia, Pieria, Olympus, Vermi, Dyssoros, Vertiskos, Kerdyllia, Menikio, Paggaio and the Lekani mountain range as well as in the areas of Crete referred to in article 32, requires a permit from the local prefect, which is issued at the request of the interested party subject to the consenting opinion of the competent military authority, i.e. the Commander of the Army, Navy or Air Force unit in whose zone of responsibility the area in question is located. The following subparagraphs were added by virtue of article 63, paragraphs 1 and 3 of Law 1914/90 (Government Gazette 178/A/90): ÇSales to the State, Local Government Organizations (OTA) and Legal Persons of Public Law, contracts providing for gifts from parents, leases of up to six years, contracts determining boundaries and contracts providing for the distribution of common or the transfer of a percentage of ab indiviso property between joint owners are exempt from the above procedure as of the entry into force of the provisions of the present article.È. ÇJuridical acts which have been drawn up between July 31 and October 31 1990 without adherence to the procedure laid down in article 29 of Law 1892/1990 shall be considered valid as of their drawing up, provided the juridical act in question has subsequently been approved by decision of the prefect. The prefectÕs decision is communicated by either of the contracting parties to the notary public and land registrar in order to be attached to the corresponding notarial act.
Article 30
NULLITY
Juridical acts which are concluded in violation of the provisions of this law shall be null and void. The notaries public who draw up the relevant notarial documents and the contracting parties to such documents shall be punished by a term of imprisonment of up to one year and a fine. The notaries public are also liable to disciplinary action in accordance with the provisions of the Code of Notaries Public.
Article 31
ABOLISHED PROVISIONS
1 Law 1366/1938 (Government Gazette 310/38) shall be abolished as of the entry into force of this law.
2 The following provisions shall remain in force: a) the provisions of the Legislative Decree of 22-6-1927, as well as the decrees issued pursuant thereto. These provisions are applicable only in the case of natural or legal persons having the nationality of third countries, subject to paragraph 2 of article 26, b) the provisions of Law 376/36 (Government Gazette 546/36).
Article 32
DEMARCATION OF AREAS
For the purposes of implementing article 29, the areas of Crete are designated by the boundary lines of the places listed in the table below as follows:
NAME OF GEOGRAPHICAL MUNICIPALITY
AREA CO-ORDINATES OR COMMUNITY EPARCHY PREFECTURE
a KAFSIMA 35"29'24" 24"03'30" Souda Kydonia Chania
KALATHAS (bay) 35"33'24" 24"03'30" - Chania
KALATHAS (bay) 35"33'24" 24"04'30" - Chania
CHONDROS KAVOS
(cape) 35"35'40" 24"04'30" - - Chania
MALEKAS (cape) 35"35'48" 24"12'30" - Chania
PALAIA SOUDA (islet) 35"30'00" 24"12'30" - Chania
KAFSIMA 35"29'24" 24"03'30" Sïuda ºydonia Chania
b KAFSIMA 35"29'24" 24"03'30" Sïuda ºydonia Chania
KAFSIAM 35"29'24" 24"03'30" Sïuda ºydonia Chania
METOCHIA 35"28'24" 24"03'30" Æsikalaria Kydonia Chania
ZOURBA 35"28'24" 24"05'00" Æsikalaria Kydonia Chania
ZOURBA 35"27'48" 24"05'00" Æsikalaria Kydonia Chania
ZOURBA (hill) 35"27'48" 24"06'30"
ZOURBA (hill) 35"27'16" 24"06'30"
KALYVES 35"27'16" 24"10'00" ºalyves °pokoronos Chania
c ALMIRIDAS 35"27'00" 24"12'20" Plaka °pokoronos Chania
°G. PAVLOU 35"25'24" 24"12'20" Gavalochorio °pokoronos Chania
PERA DIMOURI
(cape) 35"25'40" 24"15'50"
d PERIVOLIA 35"21'56" 24"30'10" Rethymna Rethymna Rethymna
KYRIANNAS 35"20'16" 24"30'10" Chromanistiri Rethymna Rethymna
KYRIANNAS 35"20'24" 24"36'00" ºyriannas Rethymna Rethymna
STAVROMENOU 35"23'16" 24"36'00" Chamalevri Rethymna Rethymna
e HERAKLION 35"20'40" 25"09'20" Á. °likarnassos Æemenous ¸eraklion
ANO FORTESSA 35"18'00" 25"09'20" ¸eraklion Æemenous Heraklion
Knossos
AGRIANA 35"18'08" 25"20'30" Chersonnisos Pediada ¸eraklion
ANALIPSI 35"20'08" 25"20'30" Chersonnisos Pediada ¸eraklion
f SAMBA 35"12'56" 25"21'40" Samba Pediada ¸eraklion
ANO KAROUZANA 35"12'56" 25"21'40" ºarouzana Pediada ¸eraklion
GERAKI 35"09'16" 25"21'40" Geraki Pediada ¸eraklion
ARCHONTIKO 35"09'16" 25"15'30" °rkalochorio »ïnofatsio Heraklion
SAMBA 35"12'56" 25"15'30" Samba Pediada ¸eraklion
g KOKKINOS PYRGOS 35"05'00" 24"43'30" Æymbaki Pyrgiotissa Heraklion
MÁDRES 35"06'24" 24"43'30" °podoulos °mario Rethymna
GRAMMENI 35"06'24" 24"49'30" »argarikario ºainourgio Heraklion
MONI KADSIOTISSA 35"04'40" 24"49'30" - - ¸eraklion
STAYROS 35"04'40" 25"20'40" Galias ºainourgio ¸eraklion
STRONGYLO 35"01'32" 24"52'40" Perio ºainourgio ¸eraklion
PETRAKEFALO 35"01'24" 24"49'40" Petrakefalio ºainourgio Heraklion
LOUMBERTO Listaro 34"59'16" 24"49'40" ºïuse ºainourgio Heraklion
MOUDIA Matala 34"59'06" 24"45'00" Pitsidia Pyrgiotissa Heraklion
h MOUSTAKOS 35"18'50" 23"36'20" Vothiana Selinou Chania
35"18'50" 23"36'40" Chania
35"18'30" 23"36'40" Chania
35"18'30" 23"36'20" Chania
i ZIROS 35"04'00" 26"09'30" Ziros Siteia Lasithi
35"04'20" 26"09'30" Lasithi
35"03'40" 26"09'40" Lasithi
35"03'20" 26"08'50" Lasithi
é MALEME 35"32'20" 23"49'20" Maleme ºydonia Chania
35"32'20" 23"50'20" Chania
35"31'40" 23"50'20" Chania
35"31'40" 23"49'20" Chania
k MISRTI (8, 000 M2) 35"09'30" 26"09'40" Kryoneri Siteia Lasithi
l KYRIAMADI (island) 35"17'40" 26"16'05" Paleokastro Siteia Lasithi
KYRIAMADI(island) 35"17'05" 26"18'10" Paleokastro Siteia Lasithi
DASKALIO (island) 35"18'05" 26"18'20" Paleokastro Siteia Lasithi
KARAVI (rock) 35"18'40" 26"19'25" Paleokastro Siteia Lasithi
SMINERA (island) 35"19'20" 26"19'30" Paleokastro Siteia Lasithi
SIDERO (island) 35"19'20" 26"18'10" Paleokastro Siteia Lasithi
PINAKA (rock) 35"19'05" 26"17'20" Paleokastro Siteia Lasithi
– The table was amended as above by virtue of Ministerial Decision 100/59982/90 (Government Gazette 836/B/90).
– By decision of the Ministers of National Defence and of National Economy published in the Government Gazette prior to 31.12.1990, the above table may be amended by the deletion of certain areas, the addition of new areas or the alteration of their boundaries. The above table was added by virtue of article 63 of paragraph 2 of Law 1914/90 (Government Gazette 178/A/90).
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