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 ...
Articles
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 ...
Obligation of payment of communal charges
The owner is responsible for paying communal charges to the management committee
The management committee of a building complex is normally responsible for collecting the communal charges from occupants. The ...
Addition of a party to a pending action
The criterion is whether their legal rights or financial interests are directly affected
A person can be added as a party to an action pending before court if it is ...
Procedure for the resolution of a boundary dispute
The director of lands and surveys is always obliged to issue a decision for the resolution of a boundary dispute
When a dispute occurs regarding the boundaries of adjacent properties, ...
District Officer error in application by an alien
The law requires stamping of the contract of sale and not its deposition at the Land Registry for the examination of the application by an alien
The acquisition of immovable ...
Freedom to dispose of property by will
Siblings are not considered heirs when property disposed of by will
The freedom of a person to dispose of their property by will is subject to a restriction concerning the ...
Distribution of deemed dividend
The special defence contribution is a separate tax imposed by Law to enhance the defence capacity of the Republic. Among those obliged to pay it are the shareholders of a ...
On-site determination of land area
It regulates the private right to real estate and does not promote public purpose
The decision of the director of the land registry on a property owner’s application for ...
Hierarchical recourse against a town planning decision
‘It constitutes the first step in checking the correctness of the decision’
IF someone isn’t happy with a town planning decision regarding a permit to develop immovable property, they ...
Vision of local government reform
Consultation is necessary with the affected local authorities and residents
The delay that is observed and hinders the reform of local self-government seems to be attributable to political and other ...
Enclaved buyer at loss
‘The submission of an AEA application is of no value to the buyer when the issuance of the title deed is impossible’
Due diligence before buying a property, regarding both ...
Disciplinary action against a real estate agent
‘It presupposes conduct incompatible with their profession’
Real estate agents, as well as other professionals whose profession is regulated by law, must conduct themselves accordingly, otherwise they commit a disciplinary ...
Cancellation of transfer of property made with undue influence
‘The transfer of property without the free will of the donor may be cancelled as a result of undue influence’
A person with poor health is usually cared for by ...
Acquisition of immovable property by aliens
‘There is a need for reform of the relevant legislation for the acquisition of immovable property by aliens’
THE acquisition of immovable property by British citizens after December 31, 2020, when the ...
Determination of fair rent
‘Fair rent does not mean reasonable rent but is the market rent minus the legislative exceptions’
THE determination of fair rent by court regarding houses and shops situated in a ...
Setting aside a forced sale notice
“The service of the notice Type IA is done first by registered letter and not directly by a private bailiff”
A mortgage creditor, in the event of a mortgage debtor ...
Sale of property charged with memo
“No writ of sale is issued, unless the debtor has no movable property”
A creditor who secures a judgment against a debtor may register it as an encumbrance – memo – with ...
Landlord’s remedy for non-payment of rent
‘There is a remedy available to the landlord when the tenant’s reply is accepted by the court without payment of the rent’
THE new provision added to the rent ...
Credibility of a letter of guarantee
“The letter of guarantee safeguards the fulfilment of transactions”
A letter of guarantee constitutes a strong security of fulfilment of contractual obligations and gives credibility to the transactions. The letter ...
Safe purchase of property through auction
“The buyer of a property through auction is considered bona fide and safe”
The process of selling a property through auction as well as its transfer, according to the provisions ...
Remedy to correct court proceedings
“The remedy to correct court proceedings is a duty to restore justice”
The principle of natural justice requires that a person affected by an order or decision of the court ...
Extent of jurisdiction of the administrative court
“It has no jurisdiction in an application for execution of a judgment for costs”
The eighth amendment of the constitution with Law 130 (I)/2015 amended article 146 provides for the establishment, jurisdiction ...