The principle of right and obligation
He who benefits from a transaction must also bear the burden
A basic principle of law is that a person who chooses to accept a right that involves the fulfilment ...
Articles
Disposition by will and succession of relatives
Disposition by will is regulated by law for the protection of the immediate family of the testator
A person can legally dispose of all or any part of the disposable ...
Choice of a competent court
A case is referred to a competent court if it has jurisdiction
The choice of the court before which a case is filed relates to its jurisdiction and in case ...
Injunction for the prohibition of public nuisance
A lawsuit is filed by the attorney-general or a person who suffered a special damage
The activities of every individual, the state and the public authorities must respect everyone’s ...
Complying with an ECHR decision
A violation of Article 6.1 of the Convention was found and the re-opening of an appeal ordered
The decision of the European Court of Human Rights (ECHR), dated January 9, 2018, in the ...
A retrial is a new trial
What was previously decided is not taken into account
The retrial of a case may be ordered by the Supreme Court in exercising its appellate jurisdiction. The case is then ...
A licence cannot be inherited
A licence expires and is terminated upon the death of the licensee
The licence to use a property gives the licensee only the right to use it but does not ...
Procedure for contempt of a court order
It is conducted on the basis of affidavits, save the right for cross-examination
Courts have the power to issue orders, interim or final, for parties to do or refrain from ...
Confidentiality agreements
Confidentiality should be safeguarded in commercial transactions
Every transaction includes elements of confidentiality, especially with regard to the sale of assets, property, shares or in the event of agency, franchising ...
Resolving property disputes between spouses
The contribution in the acquisition of an immovable property is adjusted to its value at the time of the separation
Property relations between spouses vary from case to case depending ...
Decree to prohibit illegal real estate practice
Acting as a real estate without being registered and holding a licence is illegal and the real estate agents council may apply to court for the issuance of a decree ...
Pledge on a shares certificate
The pledge should be registered with the Registrar of Companies for the protection of the creditor
The creation and registration of a pledge over a certificate of a company’s ...
Appointment of a provisional liquidator
They protect the assets of a company under liquidation and maintain its status
If the creditor of a company serves to its registered office a claim for payment of over €5.000 ...
Landlord refusing to collect rent
Their refusal gives a tenant the right to be heard even though the rent has not been paid
The behaviour of a landlord and a tenant is examined by the ...
Notice of reference by an acquiring authority
An acquiring authority may apply to the court to determine amount of compensation
An acquiring authority, which may be the Republic, a municipal authority or a legal entity of public ...
Referral of disputes to arbitration
An arbitration clause in an agreement is binding on the parties unless annulled by court
Parties frequently choose arbitration to resolve disputes that may arise during the execution of an ...
Order for the recovery of possession of property
If an issue arises during execution, the registrar applies to the court for directions
The order for the eviction and surrender of possession of a property, like any other order ...
Including all co-owners in court proceedings
In a number of rented premises which belong to co-owners, the rent is collected by only one of them. The co-owners may have distributed the properties between them even though ...
Landlord, oil company and petrol station licensee
An oil company does not acquire the status of the statutory tenant of the land where the petrol station is located
The Rent Control Law 23/83, as amended, does not include ...
Civil liability of an administrator of an estate
It can be examined through a lawsuit and not in the procedure of administration of the estate of the deceased
The duties and powers of an administrator of the estate ...
Bribery in the private sector
Bribery in the private sector constitutes a criminal offence, and a court will not allow the recovery of any advantage received on its basis. It is a criminal act against ...
Injunction prohibiting the sale of a property
The injunction secures the future execution of a court judgment
When filing a lawsuit, a plaintiff can apply for an injunction to prohibit the defendant from the alienation or encumbrance ...
The Consumer Protection Law of 2021
Aligns with EU law and regulates consumer protection issues
The new legislation for the protection of consumers has come into force with the enactment of Law 112(I)/2021 to harmonie with ...
Purchasing the goodwill of a business
Many people enter into an agreement for the purchase of the goodwill of a shop or other business activity. In fact, for this purpose a large amount of money is ...