#law

The publication of the proposed new law on common charges is encouraging, not so much because of the content of the proposal, but more so because of the interest shown ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

We believe that there should be a clarification as to what constitutes loss of property use and rental compensation for it. The subject has come up in a number of ...

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 ...

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 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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...