Rectification of agreement due to fraud or common mistake
Good practice and honesty do not allow a party to vary a term in an agreement that two parties have reached in order to deceive the other party and transfer ...
Articles
Life insurance for the benefit of a third party
Many individuals enter into a life insurance contract in which they name a dependent or loved one as the beneficiary in the event of their death. The question that arises ...
Offsetting for the settlement of income tax debt
When the state intends to pay a physical or legal person for a specific reason, such as fees, compensation for services rendered, or a grant, it examines whether the recipient ...
Family Court has power to regulate use of family home
Family peace and calm are essential conditions for the smooth cohabitation of spouses, as well as for the psychological development and health of their children. Where these do not exist, ...
Granting of passage to an enclosed property
A large number of properties still remain enclosed since they do not adjoin a public road or lack necessary access. It is up to their owner to submit a relevant ...
Transfer of property to defraud a creditor
Any transfer of an immovable property by a debtor made with the purpose of avoiding payment of debt owed to a creditor, cannot be tolerated by the court and upon ...
Early abandonment of property by a tenant
A tenant, for various reasons, mainly financial, may abandon a property before the end of the rental period specified in their rental agreement and cease paying the rent. The question ...
Limited grant for special purpose
Representing a deceased person for whose estate no administrator has been appointed, may be done through a limited grant. This could be for a limited duration and for a specific ...
Compensation for mental distress from breach of contract
The mental distress that a person suffers as a result of a breach of a contract, which is intended to provide peace of mind and security, may give rise to ...
Transfer of business and employees
Concern for employees led to the safeguarding of their rights in the event of a transfer of an undertaking, establishment or part of an undertaking to another employer, as a ...
Property affected by town planning and building permits
The development possibilities of a property depend on the urban planning in the area in which it is located. Consequently, urban planning changes and building permits, such as the granting ...
Systematic’ non-payment of rent as grounds for eviction
The existence of ambiguity in a rental agreement can create disputes between the owner and the tenant, which can end up in court. Such ambiguity may concern the method of ...
Transfer of business and employees
The concern for an employee for safeguarding his rights in the event of a transfer of an undertaking, establishment or part of an undertaking to another employer, as a result ...
Disposal of a deceased person’s property and tax exemption
A recent decision of the Administrative Court differentiated the interpretation and application of the provisions of the capital gains legislation for the exemption of disposal of property of a deceased ...
Exchange of a share of a property does not constitute a sale
A way out for co-owners of immovable property is the possibility of exchanging their share with other immovable property, when other co-owners do not agree to purchase the share, to ...
How the court awards costs
The success of a party in a case, as well as their procedural conduct, are factors that the court takes into account in awarding costs.
The law grants the court ...
There is a gap in new legislation regarding buffer zone property
The amendment to the legislation that took place on February 24 (Law 9(I)/2024) no longer allows the sale of immovable property located in areas not controlled by the Republic of Cyprus ...
Consent of all co-owners required for release from mortgage
A mortgage is a charge placed on immovable property by its owner to secure a sum of money or an obligation from a mortgage creditor. While in the case of ...
Deputy mayors supposed to take on substantial responsibilities
The administration of each municipality is exercised collectively by the council, in which the mayor, deputy mayors and councillors participate as members. Within the framework of their responsibilities, they manage ...
All parties should be litigants in actions concerning property
In order for a court to be able to judge and decide on a claim of a right to an immovable property the presence of all necessary parties is required. ...
Bill on acquisition of real estate by foreigners
The bill submitted to the House of Representatives by the MP for Famagusta of Disy, Nikos Georgiou, with the aim of amending the legislation governing the acquisition of real estate ...
Written notice of eviction should include reason
The Rent Control Law, depending on the case, sets specific conditions for the issuance of an eviction order for a statutory tenant, which are set cumulatively and not alternatively. The ...
Estoppel due to res judicata: finality in disputes is imperative
The principle of finality arises as an obstacle to the partial adjudication of disputes when there is duplication of the parties and the disputed issues. The party is prevented from ...
Order of encumbrance and sale of shares
As a way of securing and repaying a debt, a court may issue an encumbrance order for the sale of a debtor’s shares in a private company. These court ...