experience. One of
’ largest and most prestigious law firms.
Frequently Asked Questions
Frequently Asked Questions
Intellectual Property Law
Company Law and Corporate Consulting
On what basis can a suit be filed, if there is negligence involved in a traffic accident?
Where a traffic accident involves negligence, a suit can be filed against the party who has caused the accident on the following grounds: speeding, careless driving, inattentive driving, driving under the influence -including alcohol- driving while exhausted. In addition, a suit can be filed when the negligence does not qualify as gross negligence, but the party at fault is blamed to have caused the death of a person.
What is the doctor’s responsibility to the patient in medical malpractice suits?
The doctor’s responsibility is to exhibit reasonable care, attention and skill while examining, declaring a diagnosis and treating the patient. As such, the power vested in the doctor requires that both the doctor and the entire medical team exercise utmost care and attention and best utilize their personal skills during the process. Where wrongful acts occur, the doctor shall be responsible.
What is the criterion in medical malpractice suits?
The calculation of general damages involves: the calculation of the loss suffered during the period between the death and the conclusion of the lawsuit, the damage expected to occur between the conclusion of the suit and the date of retirement, as well as expected damages following retirement.
What are the required conditions in cases involving medical malpractice?
Three conditions must exist for the harmed party to prove damage: that the accused was responsible to act with reasonable care and attention towards the claimant, the accused was negligent and at fault in acting without reasonable care and attention and finally that the claimant has suffered damages as a result of the defendant’s wrongful act and negligence; in more common terms, that there is a causal relationship between the negligence and the damage sustained.
What must I do to file suit in Cyprus?
To file a suit in Cyprus, you must sign an official document (Avukat Tutma Varakası) stating such intent. If you will be outside of Cyprus during the suit, you can provide your attorney with a warrant of attorney, allowing him or her to act on your behalf.
How can I reside or work in Cyprus?
For entry into Northern Cyprus, you are granted a three-month tourist visa. You can obtain a residential permit through a real estate you have purchased or rented in Northern Cyprus.
How can I provide my attorney with a warrant of attorney? Must I come to Cyprus to do so?
If the warrant of attorney to be used in Cyprus shall be signed in Cyprus, such signing must take place in the presence of an approval officer. Persons outside of Cyprus can get an approval to the warrant, prepared by our office, at the representative office of the Northern Republic of Cyprus or, where such an office is not available, at the consulate of the Republic of Turkey.
What is the procedure applicable in traffic accidents?
Upon the acceptance of the felony court, located within the jurisdiction where the accident has occurred, of the accusations against the defendant, the prosecutor’s office will present the evidence to the court. The defendant, on the other hand, presents through his or her attorney, the extenuating circumstances related to the accident. Considering all of these factors, the court may rule for the imprisonment of the defendant for a specific period of time, a monetary fine, or both. In addition to these punishments, as stated above, the court may also decide for the revocation of the defendant’s driver’s license for a limited or unlimited period of time.
What is the punishment for causing death in a traffic accident?
If the actions of party causing the accident result in the death of a person, a crime will have been committed; upon conviction, a maximum monetary fine of 5,000,000 TL (five million Turkish Lira) or a jail sentence of up to seven years or both may apply. In cases of the committing of such a crime, the involved driver, in addition to the aforementioned fine and sentence, may also be barred from carrying a driver’s license for a limited or unlimited period of time.
Are the decisions reached by the Upper Administrative Court binding?
Any decision declared by the Upper Administrative Court is binding for all courts and all organs of the government.
Is there a statute of limitations in suits to be filed against administrative bodies?
The claimant must apply to the Upper Administrative Court within 75 days of learning about the decision or negligence of the administrative body. However, an application for the annulment of a decision of the administrative authority, submitted to the superior body will freeze the clock on the 75-day count. If the said application is not replied to within 30 days, the process of filing a suit will continue where it left off.
Who can file a suit against administrative bodies in Cyprus?
A person whose standing is harmed, directly or indirectly, as a result of an act, a decision or negligence can file a suit.
Can the relatives of a person, who died as a result of an occupational accident, file a suit?
Relatives of the person, who has lost his or her life in an occupational accident, can file a suit within the one-year period following the accident. The estate of the deceased person can also file a suit for the death or the damages suffered as a result of the death.
Under what circumstances can occupational accident cases be filed?
The party suffering damage in an occupational accident can file a suit based on either a wrongful act or the violation of the contract. The party suffering damage is free to elect which of these two causes the suit should be based on. However, if it is ruled that a compensation is to be paid due to the wrongful act, you cannot file an additional suit due to contract violation.
What are the employer’s legal responsibilities concerning occupational safety?
The employer is responsible for taking steps and precautions to ensure the health and safety of the persons employed at the workplace, creating conditions to accomplish this objective, ensuring availability of all relevant items needed, as well as the covering of the hazardous parts of any machines.
How can I draft a will in Cyprus?
Wills are drafted in writing and before two witnesses, followed by a recording at the estate section of the court. Citizens of Commonwealth nations are exempt from the limitations put forth in the Will and Inheritance Law, and can thus designate any individuals as legal inheritors, regardless of whether these individuals are related. Citizens of all other nations, including those of Republic of Turkey as well as Republic of Northern Cyprus, are subject to the conditions put forth in the Will and Inheritance Law. For further information and to make an appointment, please contact our Firm.
What kind of approval process applies to foreign nationals who desire to purchase real estate in Cyprus?
In order to register a real estate in their name, buyers who are not citizens of Northern Cyprus need an approval from the cabinet (of ministers). Our office will follow up all related matters with the Ministry of Interior, where the application is submitted, with your provision of a form (available at our office), a copy of your passport and security clearance.
Does the trademark registration I made in Turkey also cover Northern Cyprus?
Even if you have registered your trademark in the Republic of Turkey or anywhere else in the world, you still need to register it in Northern Cyprus. The registration is carried out at the Department of Corporations, Brands Division (Şirketler Mukayyitliği Markalar Bölümü), where you can undertake the registration of all trademarks of your company bearing a name or logo.
What must I do in order to establish a corporation in Cyprus?
Foreign citizens who desire to establish a corporation in Cyprus, as well as those who will be shareholders in corporations, must contribute a capital of $100,000 or more. The required capital will be blocked in a client escrow account overseen by our Firm until the establishment of the corporation; following the registration of the corporation, this sum is transferred into the newly-established company’s account.
Can a person located outside of Cyprus follow up on the purchase process of real estate in his or her name?
Individuals who are located outside of Cyprus or those who do not get involved in such follow-up personally can provide their attorney with a warrant of attorney, thus enabling the performance of all related tasks by the attorney.
How much is the stamp duty? Where is the stamp duty to be paid?
The stamp duty corresponds to 0,5% of the sale value stated in the contract.
How does registering the sales contract protect buyers?
After sales contracts are signed, they are registered with the local deed office. Such registration must be performed within no later than 21 days following the sale and can only be completed if the stamp duty of the sales contract has been paid.