The first Act in Cyprus regulating limitation periods is the Limitation of Actions Law, Cap. 15 which is based on the English Limitation Act 1933.
The Limitation of Actions Law incorporates all the previous Regulations enacted in Cyprus setting down limit periods depending on the nature of the claim. Cap 15 provides, inter alia, a limitation period of fifteen years with regard to claims in respect of bonds and mortgages; twelve years with regard to claims to estate; six years for claims with regard to Bank debts and a period of six years for any other cause of action.
In 1964, the Limitation of Actions Law was suspended by the Limitation of Actions (Temporary provisions) Law 57/64 due to the inter-community conflicts of 1963-1964. In particular Law 57/64 provided that the period commencing on 21/12/1963 and terminating after three months by a notice of the Council of Ministers was excluded from the limitation periods laid down in any applicable Legislation.
Turkey’s invasion of Cyprus in July 1974, led to the amendment of Law 57/64 by Law 36/82 which provided that the period (suspension period) between 20/7/1974 until its termination by the Council of Ministers ending the suspension period, was not to be included in the limitation periods provided in any Legislation. In 1990, the Limitation of Actions (Temporary provisions) Law 217/1990 was enacted which provided that all actions relating to the tort of negligence that had occurred before 31/10/1984 could not be filed after 31/12/1993.
Laws 57/64 and Law 36/82 were annulled by the Limitation of Actions (Temporary provisions) Law 110(1)/2002 which provides that the suspension period commencing on 20/7/1974 still applies with regard to claims relating to movable or immovable assets in the occupied, by the Turkish Troops, area of North Cyprus. Furthermore the new Law provided that in all other claims the suspension period applies only where the claimant proves that due to the disorder that occurred due to the Turkish invasion in 1974, he/she was unable to proceed with the legal action.
In addition, Article 68 of the Civil Wrongs Law (Cap 148) provided that no action could be brought in respect of any civil wrong unless such action be commenced within two years after the act, neglect or default of which complaint is made. This period however was suspended under Law 57/64 which as stated above was annulled by Law 110(1)/2002. Recently, Article 68 of Cap 148, has been amended by Law 171(I)/2006 which extends the limitation period with regard to actions relating to civil wrong acts or defaults, to three years after the tortuous action or default.
Another Act providing for limitation periods is the Motor Vehicles (Third party insurance) Law 96(I)/2000 which provides that any action under this Law, must be filed in Court within two years from the accident, irrespective of any provisions of another Law.
The most important thing to remember is to ensure you understand the time limitations and file your action within the specified time limit to ensure you can rely on the rights available to you.
Comments