Lophitou, Tsanos Nemitsa Co. - About Cyprus

History
At c. 9300 sq. kilometres Cyprus is a relatively small island situated in the North-Eastern Mediterranean. Though small in size its important strategic position at the crossroads of Europe, Asia and Africa has brought it to the forefront of international politics time and again.
The capital of the island, and the only landlocked city, is Nicosia, which is also an important business centre. Limassol is the second largest city and is an important commercial port and business centre. Larnaca and Paphos are both developing as tourist resorts and an international airport is situated in each one (the main airport being in Larnaca). The two other great cities of the Island, Famagusta and Kyrenia have been under Turkish Occupation since 1974.
In August 1960, Cyprus gained its independence from British rule. Archbishop Makarios, a Greek-Cypriot, became president, while Mr Kükük, a Turkish-Cypriot, became vice-president. By 1964 inter-communal violence was on the rise and the United Nations sent in a peacekeeping force. In 1967 a military junta took over the Greek government. After their defeat and expulsion from Greece the Greek junta instigated a coup and overthrew the president of the Republic of Cyprus. In 1974 Turkey responded by invading and still holds the northern part of the island, which remains under Turkish occupation
Cyprus is to joining the EU following its approval by the heads of Government of the EU member states during the Copenhagen European Council. The date given for the accession is 1st May 2004.
The official languages of the Republic of Cyprus are Greek and Turkish though the English language is widely used and spoken as a second language by the majority of the people.

Legal History
Because of its size Cyprus is easily dismissed in terms of legal history and innovation. However, due to its aforementioned geographical position Cyprus has evolved under a series of conquerors and this has had a significant impact on the island’s legal development.
Before Roman Law was introduced Cyprus had experienced Egyptian, Babylonian and Assyrian rule, each country bringing with it its own legal rules and regulations. Ecclesiastical Law developed parallel to secular law and was greatly boosted by the consequent independence of the Cypriot Church from the rest of the Orthodox Church.
In more recent history French customary law, Turkish law and British law arrived on the island in quick succession.

Legal System
The most well known characteristic of Cypriot law is its similarity to the English common law. The reason for the wholesale acceptance of common law is mainly historical as it took place during Cyprus’ time as a British Colony when English law gradually replaced the previous system of legislation.
After the island’s independence in 1960 and in order to avoid confusion and gaps in the legislation stemming from the transition from colony to independent state the Constitution contained a provision, in Article 188, para. 1, that: Subject to the provisions of the Constitution all laws in force on the date of the coming into operation of this Constitution (i.e. the British law as applying to Cyprus) shall, until amended by any legislation made under this Constitution, continue in force on or after that date, and shall, as from that date be construed and applied with such modification as may be necessary to bring them into conformity with the Constitution.
The effect of the above provision is that in the event that any matter has not been provided for in the Cypriot statute law the common law will apply.
Any treaties, conventions and agreements duly concluded by the government in the manner prescribed in the Constitution have superior force to any municipal law, on condition that such treaties, conventions and agreements are applied by the other party thereto.
Unlike the civil and criminal law, the administrative law applied in Cyprus is not of English descent. In 1960 the Continental system of administrative law was introduced to the island via the Constitution. Under the continental system of administrative law administrative decisions can be, and are, judicially controlled. Administrative control is exercised by the Supreme Court, which pronounces final judgment on administrative law matters and tends to follow the French Droit Administratif principles.
Cyprus is the proud operator of one of the most advanced and reliable land registries in Europe. Property law in Cyprus is a mixture of the old Ottoman property law with a large dose of the English system. The Ottoman method of categorization of the land still exists but registration has overtaken much of the old system. The Land Registry is modelled after its English counterpart though it is more efficient and advanced than its mentor.
Cyprus law is in the unique position of having different, and sometimes competing, legal systems applied in its territory. Following independence, the British Sovereign Base Areas of Akrotiri and Dhekelia retained special status and official British personnel were and are governed by legislative acts specific to those areas. The UN forces monitoring the Green Line (UNFICYP) may be subject to military and treaty law.


   
Home The Firm The Lawyers About Cyprus Useful Links

 

 
Contact Details:
6 Vassilis Vryonides Street,Gala Court Chambers 1st Floor, Office 103-104, 3095 Limassol. Cyprus
t]+357 25346800
f]+357 25341119
e]lophnemi@spidernet.com.cy

 
Home
The Firm
The Laywers
About Cyprus
Useful Links

 

Lophitou, Tsanos Nemitsa Co.