One of the most common claims raised by the Greek State in proceedings concerning real rights is that of having acquired ownership of the disputed properties already in 1821 by right of war.
However, as is settled in the case-law, in relation to Ottoman estates situated in Attica and Euboea there can be no question of transfer to the ownership of the Greek State by right of war, since these areas were not conquered by force of arms but were ceded to the Greek State on 31 March 1833 on the basis of the Treaty of Constantinople of 27 June / 9 July 1832, and following relevant agreements between the Greek and Turkish authorities. Moreover, during the third period of Turkish sovereignty over Attica (25 May 1827 to 31 March 1833) and specifically in 1829, the Sultan – as the holder, under Ottoman law, of sovereignty over all land belonging to the Ottoman State – had issued an edict by which he gratuitously granted to the Athenians – Ottomans and Greeks alike – ownership of the properties they already possessed in Attica; their property rights were subsequently recognised by the Protocol of 21 January / 3 February 1830 “on the independence of Greece” and by the aforementioned Treaty of Constantinople.
When engaging in litigation with the State, the private party – and above all the professional lawyers who will provide legal representation – must take the above into account.