The Best Cyprus Community

Skip to content


Majority ruling in Cyprus courts.

Feel free to talk about anything that you want.

Majority ruling in Cyprus courts.

Postby silvercar » Fri Jul 25, 2008 10:59 pm

Hello,
I'm new to this board and wanted some advice about some Cypriot law if possible.

Does anyone know if majority rules in a court in Cyprus. My Brothers and sisters have some land we want to sell, and one member of the family is being awkward and doesnt want to.

He is at this point flatly refusing, giving no logical explanation as to why.

If we take this as far as a court, can the majority rule, and a Judge rule he has to sell, or let us buy him out?

Thanks
silvercar
Trial Member
Trial Member
 
Posts: 4
Joined: Fri Jul 25, 2008 10:37 am
Location: UK

Postby CBBB » Fri Jul 25, 2008 11:13 pm

Ask a lawyer.
User avatar
CBBB
Leading Contributor
Leading Contributor
 
Posts: 11521
Joined: Tue May 20, 2008 1:15 pm
Location: Centre of the Universe

Postby humanist » Fri Jul 25, 2008 11:30 pm

Dude or dudess, please try and love each other because if you take things to court the lawyers will come out winning and you'll all be the loosers. I am sure wih some love and respect you can reach an agreement. Perhaps he can identify some land he would like to keep and yu can sell the rest. Or perhaps he can see that unification is soon approaching and he will make more money by keeping it as prices will sky rocket.

Good luck
User avatar
humanist
Main Contributor
Main Contributor
 
Posts: 6585
Joined: Fri Nov 10, 2006 11:46 am

Postby Oracle » Fri Jul 25, 2008 11:59 pm

Why don't you offer to sell your shares to the sibling wishing to hold on to his inheritance ....
User avatar
Oracle
Leading Contributor
Leading Contributor
 
Posts: 23507
Joined: Mon Feb 11, 2008 11:13 am
Location: Anywhere but...

Postby Sotos » Sat Jul 26, 2008 5:10 am

What rules in courts is the law ;) I think the only thing you can force him to accept is to split that land into shares and then sell your shares while he can keep his share. If you want to sell the whole land and he doesn't want to then you are out of luck because you can't force him to do anything with his own property.
User avatar
Sotos
Leading Contributor
Leading Contributor
 
Posts: 11357
Joined: Wed Aug 17, 2005 2:50 am

Postby Svetlana » Sat Jul 26, 2008 5:34 am

I think this will be decided by a Magistrate/Judge as it is a Civil matter; indeed the Criminal Cases I have seen also did not have Juries. I assume Juries are used for major Criminal cases?

As an aside, because many accused do not speak Greek, it can be very confusing for them. I watched a Case where 6 Bangladeshis were on Trial for something; there was a Greek/English interpreter communicating with a English/Bangladeshi interpreter who then communicated to the accused in a whisper. Of course, proceedings are not delayed for the translations, so by the time the legalise had been translated twice, while 3 languages were being spoken simlutaneously, it must have been incompressible!

Lana
User avatar
Svetlana
Main Contributor
Main Contributor
 
Posts: 3094
Joined: Sat Nov 06, 2004 9:30 pm
Location: Paphos

Postby CBBB » Sat Jul 26, 2008 7:33 am

Lana,

I am fairly sure that there are no Jury trials in the Republic.
User avatar
CBBB
Leading Contributor
Leading Contributor
 
Posts: 11521
Joined: Tue May 20, 2008 1:15 pm
Location: Centre of the Universe

Postby Nikitas » Sat Jul 26, 2008 8:42 am

No juries in Cyprus. The judge rules on the facts and the law, but in his decisions must make clear the reasons for his findings of fact, separating this part from his application of the law. It was always this way, even under the British.
Nikitas
Main Contributor
Main Contributor
 
Posts: 7420
Joined: Thu Aug 09, 2007 2:49 pm

Re: Majority ruling in Cyprus courts.

Postby pantheman » Sat Jul 26, 2008 9:37 am

silvercar wrote:Hello,
I'm new to this board and wanted some advice about some Cypriot law if possible.

Does anyone know if majority rules in a court in Cyprus. My Brothers and sisters have some land we want to sell, and one member of the family is being awkward and doesnt want to.

He is at this point flatly refusing, giving no logical explanation as to why.

If we take this as far as a court, can the majority rule, and a Judge rule he has to sell, or let us buy him out?

Thanks


Hello Silvercar,

you don't need to go to court over this. This can be done at the land registry. The majority certainly rules and he can be forced to sell his share.

What will happen is the land registry will place this in auction, they will set the price and either he buys you or you buy him. Since you are the most he will need alot more money to buy you out so it will be easier for you. Once you have it, then you will be free to dispose of it.

If you seek the assitance of a 'Dikolavo' usually based at the land registry waiting areas, or indeed in nearby offices, I am sure they can help with the forms.

Good luck.

Would you mind tell me where you land is based and its size ???
residential /Agricultural ??
User avatar
pantheman
Regular Contributor
Regular Contributor
 
Posts: 1553
Joined: Sun Sep 18, 2005 1:21 pm

Postby silvercar » Sun Jul 27, 2008 1:01 pm

The Land is near the airport in Larnaca, im not sure exactly how much, but its a lot of land!! around about 3.7 million euros worth.

This sibling is just being stubborn and mean as he is the black sheep of the family. Its sad it will have to go to courts but we have no alternative at all, as one of the other siblings is really struggling and needs to sell.

All very sad and upsetting but we have no alternative, we have tried all the above suggestions with him, and hit a stone wall everytime.
silvercar
Trial Member
Trial Member
 
Posts: 4
Joined: Fri Jul 25, 2008 10:37 am
Location: UK

Next

Return to General Chat

Who is online

Users browsing this forum: No registered users and 3 guests