Law Commons^™

Cyprus Constitutional Law: Fundamental Rights: Foreword By Series Editor [Πρόλογος Διευθυντή Σειράς "Κυπριακό Δίκαιο: Θεωρία Και Πράξη", Nikitas E. Hatzimihail

Nikitas E Hatzimihail

Sources Of Law And Pluri-Lingualism (In Greek), Nikitas E. Hatzimihail

Nikitas E Hatzimihail

This study (which replaces an earlier article published at the law journal Χρονικά Ιδιωτικού Δικαίου - Chronicles of Private Law, vol. 12 (2012)) examines issues arising from the translation of authoritative legal texts (constituting sources of law in the legal system under consideration), with an emphasis on legislation.

The first part of the article examines instances where authoritative texts of the same legal instrument co-exist in two or several languages, notably in the case of international uniform law instruments, such as the Vienna Convention on the International Sale of Goods (CISG).

The second part addresses instances of an instrument being …

Cross-Border Aspects Of Litigating In Europe Civil Claims Arising Out Of The Cyprus Problem: Thoughts On The Orams Case (In Greek), Nikitas E. Hatzimihail

Nikitas E Hatzimihail

The European Court of Justice ruling in the Orams v. Apostolides case has served as a landmark in the legal history of the Cyprus problem. It is also of some importance to the evolution of European litigation and the free movement of civil judgments across the EU. This article gives a full story of the case, from its beginnings in the courts of Cyprus to its aftermath in the English Court of Appeals. Its principal argument is that the case should be seen through a triple lens: property rights of the displaced Greek Cypriots, private litigation of public claims and …

Case Note On Supreme Court Of Cyprus (2008), Aresti V. Loel Ltd (2008) 1 Α.Α.Δ. 1305 [In Greek] Λυσίας (Lysias) 3 (2010): 47-50, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

This case note discusses an appellate case dealing with offer/acceptance issues. Questions of translating common-law terms into Greek are discussed, with regard to Cyprus contract law.

Case Note On Supreme Court Of Cyprus (2008), Beogradska Banka D.D. V. Westacre Investments Inc. (2008) 1 Α.Α.Δ. 1217 [In Greek] Λυσίας (Lysias) 3 (2010): 106-1110, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

This case note discusses a leading Cypriot appellate ruling on international commercial arbitration: notably, ordre public (public policy) as a possible ground of exception to the recognition/enforcement of a foreign arbitral award, and the possibility of invoking corruption in the underlying transaction between the parties.The case is also one of the last episodes of the Westacre arbitration saga.

The European Enforcement Order For Uncontested Claims (Regulation 805/2004): Free Circulation Of Enforceable Titles And Harmonization Of Procedures In The European Judicial Area [In Greek], Nikitas E. Hatzimihail

Nikitas E Hatzimihail

The article is a primer on the EU Regulation 805/2004 establishing a European Enforcement Order for Uncontested Claims. It places the Regulation within the context of EU activity on private international law and procedural matters and describes its basic features

Case Note On Supreme Court Of Cyprus (2007), Toumaian Christodoulidou V. Toumaian (2007) 1 Α.Α.Δ. 1024 [In Greek], Nikitas E. Hatzimihail

Nikitas E Hatzimihail

The note makes the statement that the Family Courts of Cyprus have been gradually transformed, from tribunal to court, since their establishment in 1990, by means of the legislative reforms and the evolution of case law in the past two decades. Having been launched as tribunals, in replacement of the ecclesiastical jurisdiction over divorce cases of the Greek Orthodox Community, they presently stand as superior courts of limited jurisdiction (courts of justice), with power and specialization over all matters of family law. As a consequence, ratione personae exceptions to their jurisdiction (notably with regard to members of the three acknowledged …

Book Review Of Klaus-Peter Berger (Ed.), The Practice Of Transnational Law, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

Review of an edited volume on "transnational law" (lex mercatoria). The book comprises essays illustrating the diversity of opinion among enthusiasts of a transnational or anational business law, and an empirical study criticized by the reviewer for its "concrete ideological commitment"

On Mapping The Conceptual Battlefield Of Private International Law, Nikitas E. Hatzimihail

Nikitas E Hatzimihail

This short essay examines the use of conceptual ‘maps’ in the discourse of private international law. By helping us to conceptualize the choices we are faced with, as well as by providing us with a version of the history of private international law, which is supposed to validate that conceptualization, these ‘maps’ have had a – mostly unacknowledged –normative effect on the very identity and operation they purport to describe. Existing maps have been inaccurate in their portrayal of the PIL field and its development, as a more sophisticated historical overview easily shows. The essay concludes by proposing some new …