Civil Law in CyprusUpdated on Tuesday 22nd September 2015
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Cyprus’ common law is based on several sources among which we find the Continental Law, the Constitution, international agreements and laws enabled by the House of Representatives and the English Common Law.
Sources of the Civil Law in Cyprus
According to the Cypriot Courts of Justice Law, Section 29 the following laws apply:
- -first of all the Constitution of the Republic of Cyprus;
- -the laws on independence;
- -the Common Law and the principles of justice;
- -the laws related to the Turkish Religious Law, also called Evkaf;
- - UK Parliament’s laws;
According to the Cypriot Constitution renewed in 2006 with Law 127, the supreme law will be represented by the EU Law, while according to Article 169 international treaties, agreements and conventions have superiority based on the principle of reciprocity.
The laws that apply in Cyprus in both civil and criminal matters are mixture of the English Common Law and the laws stipulated by the Cypriot Republic. The colonial laws, also known as chapters are the basis for all criminal and civil proceedings in Cyprus. The Cypriot civil matters are stated under the Contract Chapter, the Wills and Successions Chapter, the Immovable Property Chapter, the Civil Law Wrongs, the Civil Procedure Chapter to name just a few. The old colonial rules still apply but amended with new proceedings so that they are adapted to the new EU laws.
The civil procedure in Cyprus
Chapter 6 of the Cypriot Civil Procedure Law allows a Court to:
- - offer temporary exemption during an inspection of the subject, or the disposition or estrangement of property according to Sections 4,5,7,9 and 32. Section 32 applies to all kind of assets owned worldwide;
- -allow judgments on property related issued outside the country, according to Chapter 6, Section 3. This procedure is mainly known as service of a writ of summons;
- -order the collecting of evidence under oath before any individual on Cypriot territory or not, or demand a foreign court to collect such evidence;
- -emit the fulfillment of rulings, according to Sections 10 to 102.
Procedural stages for civil actions in Cyprus
When it comes to Cypriot civil actions in courts, the English laws are followed. Labor Disputes Court, the Rent Control Court and the Family Courts follow their own procedures, while special proceedings are required in courts like Compulsory Acquisitions or Appeals. The steps to be taken in court are:
- -the initiation and service of the procedures;
- -the pleadings;
- -the interlocutory proceedings;
- -the process;
- -the appeal;
- -the enforcement of rulings.