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Construction and Workplace Accidents – Case Law Update

Managing Workplace Risk: Employer Duties & Contributory Negligence on Cyprus Construction Site

0 41

This case law update highlights two critical judgments from the Supreme Court of Cyprus addressing liability for construction and industrial accidents. The Court clarified that construction sites demand a structured, highly organized approach to health and safety.

Key takeaways include:

  • Overarching Employer Responsibility: Main contractors and site operators cannot delegate safety oversight to independent subcontractors, external specialists, or rely on an employee's professional autonomy to bypass clear safety instructions. Employers must provide safe premises, appropriate equipment, and structured work systems.

  • Contributory Negligence: If an employee fails to take basic, reasonable precautions against a visible danger, the Court will assign a portion of the blame. In both analyzed judgments, the injured workers were found to have contributed to their accidents, resulting in a 25% reduction in awarded damages.

  • Liability Distribution: Ultimately, when deficient safety practices remain the primary cause of a workplace injury, legal and financial liability rests primarily with the party in control of the site.

Clarity in the Drafting of Exclusion Clauses for Insurance Contracts

Minimizing Corporate Risk: How Ambiguous Policy Drafting Liabilities Impact Insurers and Corporate Policyholders under Cyprus Law

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A recent landmark judgment from the Cyprus Court of Appeal (Civil Appeal 10/18) has re-emphasized the strict legal standards required when drafting exclusion clauses in insurance contracts. The court ruled that any ambiguity or uncertainty in an exclusion clause will automatically invoke the contra proferentem rule, resolving the dispute against the insurer and in favor of the insured. For high net worth individuals, international corporations, and business owners in Cyprus, this decision highlights the absolute necessity for precise contractual definitions to secure corporate liability protection and ensure consumer protection safeguards stand up to legal scrutiny.

Understanding the TARIC System, Dual-Use Goods, and Compliance Obligations

A Corporate Executive’s Guide to Navigating the TARIC Classification System, EU Dual-Use Regulations, and Sanctions Compliance Protocols

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This comprehensive text explores the highly technical intersection of European customs infrastructure and corporate liability, specifically focusing on the Integrated Tariff of the European Union (TARIC) system and the strict regulatory constraints governing dual-use items under EU Regulation 2021/821. It outlines the responsibilities of service providers, legal firms, and corporate entities to integrate product-code screening directly into their Anti-Money Laundering (AML) and sanctions compliance protocols. By mapping out the structural layout of 10-digit TARIC classifications, detailing the risks associated with modern dual-use software and technology transfers, and providing an operational blueprint for due diligence logs, the piece highlights how expanding businesses can safely navigate geopolitical barriers and protect themselves from massive regulatory fines.

Buying Property in Cyprus Post-Golden Visa: Navigating Regulatory Changes

Real Estate After the Citizenship Program: Regulatory Shifts, Permanent Residency Rules, and Compliance Checkpoints for Global Buyers

0 237

This text details the evolving legal framework for international buyers purchasing real estate in Cyprus following the closure of the traditional citizenship-by-investment scheme. It highlights the transition back to core real estate regulations under the Permanent Residency Programme (PRP), which mandates a minimum €300,000 new-build residential property investment and a verified foreign annual income of at least €50,000. Additionally, the article outlines critical regulatory updates—including strict Know-Your-Customer (KYC) requirements, robust anti-money laundering (AML) controls, and the government's push to curb property acquisition loopholes through third-country shell companies, making early-stage legal due diligence essential for high-net-worth investors.

Resealing a Grant of Probate in Cyprus – The Probates (Re-Sealing) Law (CAP. 192)

Law, Procedure, and Practical Guidance Dona Constantinou Senior Associate Lawyer Litigation Department

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Under the Probates (Re-Sealing) Law (Cap. 192), resealing is the legal process by which a Grant of Probate or Letters of Administration issued in the United Kingdom (or specific Commonwealth jurisdictions) is formally recognized by a Cyprus District Court.

When a deceased person leaves behind assets in Cyprus (such as bank accounts or real estate) but was domiciled in the UK or a Commonwealth country, the original foreign grant has no legal standing locally. Resealing bridges this gap. By appointing a local lawyer via a Power of Attorney to submit the apostilled foreign grant and secure local tax clearances, the executor gains full legal authority to administer and distribute the Cypriot assets. This process bypasses the need to initiate an entirely new, lengthy probate application from scratch in Cyprus.

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