In brief: What you need to know

A sworn affidavit is the "key" to proving facts when no other documents exist (e.g., contracts). It functions as written testimony with increased legal weight.

In this guide, we will analyze the procedure, the cost, and the traps you must avoid so that your document is legally shielded according to the New Law 5095/2024.

Sworn affidavit requires the physical presence of the witness before the Notary.

1. The Procedure Step-by-Step

1

Preparation of Summons

The lawyer drafts the summons, setting the day, time, notary, and full details of the witness.

2

Service to Opponent

The Bailiff serves the summons to the opponent. Attention: 2 full business days must intervene.

3

Oath & Deposition

The witness comes to the Notary Office, takes the oath, the testimony is read, and the deed is signed.

4

Delivery of Copies

The Notary issues certified copies immediately for use in Court or the Land Registry.

2. The Cruciality of Summons (Art. 422 CCP)

The Deadline Trap

The main reason a sworn affidavit "collapses" in court is poor summoning. Summoning is required at least two (2) business days prior.

This deadline does not calculate the day of service nor the day of the affidavit. If the opponent resides abroad, the deadline is 15 days.

Do you need a Sworn Affidavit Immediately?

We ensure that your sworn affidavits meet all legal requirements for court use or the Land Registry.

Call: +30 210 300 3929

3. Where do they take place? (New Law 5095/2024)

Important Legislative Change

With the provisions of Law 5095/2024 (Articles 14, 15, and 17), the competence of Justices of the Peace was abolished for taking sworn affidavits.

Now, the procedure is conducted exclusively before:

  • Notary Public or
  • Lawyer

Gov.gr & Courts

Attention to Validity

The electronic solemn declaration (or certification) via gov.gr DOES NOT substitute the sworn affidavit before a Notary or Lawyer when it comes to judicial use (Regular Procedure, Land Registry, Interim Measures).

Tip: Do not risk the rejection of your case. Ask us what type of document is required for your case.

Cost Analysis (What do you pay?)

The cost at the Notary is transparent and determined by the Joint Ministerial Decision (State Tariff). It is not arbitrary.

  • Fixed Fee: The basic right for drafting the deed.
  • Per Page: Small charge for each sheet of the deed.
  • Copies: Cost depending on the number of copies you request.
  • VAT & Legal Funds: Deductions for third parties and taxes.

4. Required Documents & Details

For the proper drafting of the sworn affidavit at our office, you will need to provide:

  • ID or Passport: Original document of the witness.
  • Service Report: The bailiff's document proving the summons.
  • Draft Testimony: In digital format (.docx) for faster integration.
  • Lawyer's Details: Phone and email of the authorized lawyer.

5. Sworn Affidavits at the Land Registry

Land Registry Legal Framework: According to Law 2308/1995, when strong property titles do not exist, the sworn affidavit (accompanied by the E9 tax form) is a crucial piece of evidence for possession (adverse possession).

The use of sworn affidavits within the framework of the National Cadastre (Land Registry) is one of the most critical tools of property law, especially when finalizing rights that lack official property titles.

According to the guidelines of the Notarial Association and relevant circulars of the "Hellenic Cadastre" entity (such as the circular for proving adverse possession), the sworn affidavit acts as the basic means of proof to "cure" deficiencies that have persisted for decades. Particular emphasis is placed on the case of extraordinary adverse possession, where the sworn affidavit becomes the primary document proving twenty years of uninterrupted possession.

The content of the affidavit is "dense" in information, as it cites specific real events that substantiate possession, offering the reader and authorities the certainty that the information is cross-checked and official. Based on case law and decisions governing the operation of Land Registry Offices, the notarial sworn affidavit is superior to other simple solemn declarations, as it is surrounded by the prestige of a public document.

Examples: What does the witness testify?

Case A: Adverse Possession

"I know that the applicant has been cultivating this specific plot with olive trees continuously since 1995, has fenced it, and no one has ever disturbed him." (Proof of 20-year possession).

Case B: Boundary Correction

"The boundary between the two plots has always been the old stone wall and not the fence that was placed last year by mistake." (Resolution of geometric changes).

Case C: Unknown Owner

"The property belongs to the Papadopoulos family from their grandfather, even though there is no contract, and they use it as a vacation home."

Need help with the wording? Our partners can check the draft testimony for any deficiencies before signing. Book an appointment immediately.

6. Special Cases & Validity

Duration of Validity of the Affidavit

One of the most frequent misunderstandings concerns the duration of validity. According to case law:

  • For Courts: The sworn affidavit is a means of proof taken specifically for the specific trial for which the opponent was summoned. It cannot be used in a subsequent trial between other litigants or for a different object as full proof (except as a judicial presumption).
  • For Land Registry: There is no explicit expiration date, however, it is recommended to be recent to prove the current status of possession, unless it refers to historical events (e.g., adverse possession 20 years ago).

Foreigners & Interpretation

If the witness does not know the Greek language, the procedure mandatorily requires the presence of an interpreter. The interpreter is also sworn in before the Notary that they will faithfully translate the testimony.

Home Signing

In cases where the witness is unable to move (e.g., due to illness or old age), the Notary may travel to their home or hospital to take the testimony. This requires prior arrangement and incurs additional travel costs.

7. Witness Limits

The legislator has set maximum limits on sworn affidavits that can be submitted in a trial:

Procedure Affidavit Limit
Regular Procedure Up to 5 per side (+3 for rebuttal)
Interim Measures Usually up to 3 (at the Judge's discretion)
Special Procedures Up to 3 per side

8. Frequently Asked Questions (FAQ)

Christina Pachou

Christina Pachou

Notary Public of Athens

Christina Pachou is a Notary Public in Athens. She specializes in drafting sworn affidavits, ensuring their validity for every judicial or administrative use.

  • ★ SPEED
  • ★ VALIDITY
  • ★ LEGALITY
Legal Disclaimer: This article is for informational purposes only and does not substitute legal advice. Deadlines may change.

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