Donation agreement between parent and child
The donation agreement should be simple, clear and without reservations
A parent wishing to transfer property to a child should not leave pending matters which may create disputes between their ...
Articles
Insufficient protection of landlord against rent default
The law does not provide a mechanism for the collection of rent deposited with the court
The owners of properties subject to the rent control law are not sufficiently protected, ...
The real estate market determines rental values
Prevailing real estate market conditions affect rental values of properties accordingly, though for those subject to rent control there is the protection of the court. Determination of fair rent in ...
Laches in taking legal steps
The defence of laches must state the adverse effect on the defendant
Taking legal steps on time in pursuing a right protects a plaintiff from the defence of statutory limitation ...
Revocation of a public tender
It is justified for reasons of public interest provided it does not violate the principles of good administration
The revocation of a public tender is a serious act and the ...
Liability in an informal partnership
A partner is personally liable for fulfillment of obligations of the partnership
A partnership is formed by people conducting joint business for profit and is not considered to have a ...
Lease subject to the sale of a property
A condition in a lease agreement that in the event the property is sold the lease will be terminated is applicable
If a remedy is pursued in an application for ...
Right of tenant to file a reply
The tenant can apply to the rent control court for leave to file a reply
A tenant’s right of access to the Rent Control Court when arrears of rent ...
Discontinuance of court proceedings
Justice does not function in vain
Justice cannot function in vain, so any action or other court proceedings are not maintained when it is found that they have no object ...
Issuance of title deed by the purchaser
The law gives the purchaser the right to issue the title deed of the property purchased
Deposition of a sale contract at the land registry safeguards the rights of the ...
Registration of assistant real estate agent
A person who is employed by a licensed real estate agent can be registered in the Registry of Assistant Real Estate Agents
An assistant real estate agent is someone employed ...
Obligation to grant a passage
It is possible to acquire a passage if land is enclosed or existing passage is insufficient
Article 11A of the Immovable Property Law, Cap.224, provides for two separate cases for ...
Rights of assignor and assignee in an assignment agreement
In case of an absolute assignment of a debt, the assignee has the chose in action
An assignment agreement regulates the rights of the assignor and the assignee, especially when ...
Stay of proceedings due to a liquidation application
The purpose of the stay is to protect the company’s assets and the rights of its creditors
Protecting the rights of the creditors and the assets of a company ...
Service of a lawsuit to the receiver of a company
A lawsuit against a company under receivership is served to the receiver or its registered office
A company’s receiver is appointed by a secured creditor, a debenture holder under ...
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 ...
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 ...