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Η σύγκρουση συμφερόντων στο δίκαιο της αντιπροσώπευσης κατά τον Αστικό Κώδικα (Master thesis)

Κωστοπούλου, Στυλιανή/ Kostopoulou, Styliani/ Αστικό Δίκαιο, Αστικό Δικονομικό Δίκαιο και Ιστορία του Δικαίου και των Θεσμών

This thesis offers a systematic, doctrinal exploration of Article 235 of the Greek Civil Code, which regulates the prohibition of self-contracting and double representation under the concept of direct representation. It covers issues related to its normative foundations, its applicability, and its effects, while placing it within the general scheme of Articles 211 et seq. of the Civil Code and the loyalty principle that regulates the relationship of representation. It also focuses on issues related to the concept of conflict of interests, which is considered an objective condition and not a condition that should be substantiated by actual damage, and on its protective effect for the legal and economic interests of the represented party. The thesis also explores issues related to its extension to bilateral contracts, unilateral addressed legal acts, quasi-juridical acts, negotiable instruments, and corporate representation; its effects on the relative invalidity of the contract; its potential ratification with retroactive effect; its relationship with general principles, such as abuse of rights and circumvention of the law; and finally, its exceptions, i.e., the performance of an existing obligation and express authorisation, with a teleological approach that balances the protective effect for the represented party with security interests.