ABSTRACT

Under Greek law the seHer is obliged to transfer to the buyer the ownership of the goods sold which involves the transfer of possession with the intention that the latter becomes the owner of the goods, that is, acquisitive prescription. Article 532 of the Greek Civil Code provides that the seHer can retain ownership in the goods even though possession has passed and further the buyer shaH bear the risk as from the time of delivery. Such a clause retaining title is justified on the basis of freedom of contract: the contracting parties are merely agreeing on how the buyer will perform his obligations and when he will pay the agreed price. In the absence of a specific statutory provision it is not necessary for a retention of title clause to be in writing.' Retention of title is normally agreed by the parties upon the conclusion of the sale. It may also be agreed after the conclusion of the sale so long as delivery has not taken place.