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 ...
Articles
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 ...
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 ...