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 ...
Articles
Use of Artificial intelligence in legal practice
The rule of law presupposes the employment of a sufficient number of judges who are able to provide results to the citizens who go to court to resolve disputes or ...
Appropriation of payment to pay off a specified debt
The exercise of the right by a debtor to choose and determine for which debt he makes a payment binds the creditor who accepts it and they must allocate it ...
Buyer lost the house and his money
Everyprospective buyer must conduct due diligence before purchasing a property, investigating all aspects concerning both the property and the seller, especially when it is a company and intends to develop ...
What happens when a tenant terminates tenancy early?
Following early termination of a tenancy, the owner of the rented property may find issues arise with the tenant, either regarding rent owed or compensation for damages to the landlord ...
When managing property a municipal authority acts as a private individual
Municipalauthorities, like the state, have real estate which they manage privately in order to meet their cash needs, acting as a private individual, to develop the property and derive financial ...
Leave of the court required to execute a conditional judgment
Property disputes between ex-spouses can be settled by the issuance of a court decision, but this should be conditional and leave it to them to fulfil mutual obligations towards each ...
Legality of issuing a new compulsory acquisition order
The Supreme Constitutional Court seems to have definitively untied a difficult legal issue by interpreting Article 23.4 of the Constitution, regarding whether a compulsory acquisition order whose purpose has been achieved, ...
What happens when a tenant damages property?
The lease of premises creates a reasonable concern of the owner regarding any damage or failure to maintain the premises by the tenant. Therefore, each tenancy agreement contains a relevant ...
Raising a counterclaim before the rent control court
Raising a counterclaim is a procedural issue and depends on the party against whom a claim is raised before the rent control court. It is important that there is identification ...
Large number of apartment buildings uninsured
The management committee of apartment buildings is legally obliged to insure the jointly owned building and keep it insured at all times against fire, lightning and earthquake, with a licensed ...
Assignment as a means of securing lending
The assignment agreement is increasingly being offered as a means of securing lending instead of a mortgage and is now being adopted more by banks for customer lending. The borrower ...
Specific performance of an agreement concerning property
In the exercise of its discretion, the court may invoke the law of equity and order the specific performance of an agreement relating to immovable property, in the context of ...
Ranking of securities ‘pari passu’
The latin term ‘pari passu’ is used as terminology in legal, financial and other areas of everyday business and conveys the meaning of equal and proportionate treatment without priority.
In ...
Legalising a change in use of rented premises
The parties to a rental agreement normally agree as to the use of the demised premises and a term is included obliging the owner to sign any necessary application for ...
A notary exercises preventive administration of justice
The introduction of the notary, who is an officer of preventive administration of justice, in Cyprus, as it exists in Germany and other countries, will solve several problems that constantly ...
Purchase of a share of co-owned land
The division of a piece of land into separate plots constitutes an important procedure which is subject to the town-planning restrictions on the land, the requirements set by the law ...
Revocation of mutual-mirror wills
The disposal of a property through a will is similar to disposal of a property by way of a gift during one’s lifetime, an act which demonstrates the love ...
The lawyer-client relationship is based on trust
Every lawyer must have as a primary concern the interest of the client, who often seeks advice in view of investment, activity or property development. They should be honest, sincere ...
Specific performance of an oral sale contract
The right of a person seeking implementation and specific performance of an agreement concerning a contract of property sale, exchange, assignment, consideration or distribution can be safeguarded by a written ...
Bill of exchange holders and valuable consideration
A bill of exchange is a document that belongs to the category of securities and is a means of securing credit and servicing transactions. The only signature required for its ...
Sharing of land division costs
Co-owners must share the costs of dividing their land according to their share
Co-owners should find solutions for the development, division or sale of their property and avoid disputes that ...
Trespass on jointly owned property
External walls and roof of an apartment building are jointly owned property
The standard regulations for co-owned buildings set out in the Annex to the Immovable Property Law, Cap.224, determine ...
Preparation of court minutes for party’s submission
The preparation of court minutes before a Civil Court for the purpose of commenting on the testimony given is not a right of a party nor is it a prerequisite ...