TRAINING EXPERTS - CHRISTOS MESARITIS

In a unanimous judgment given on the 12th of June 2025, the Supreme Court of Cyprus reaffirmed that a mortgage creates an autonomous primary obligation, independent of the lender’s ability to prove a debt against the mortgagor personally.

In contractual disputes, there is often a misconception that the mere breach of a contract automatically gives rise to a right for compensation. This is not the case under Cypriot law. A party alleging breach must do more than prove the other side failed to fulfil their obligations. They must also clearly prove the damages suffered and properly plead these damages in their court filings. Failing to do so can render an otherwise valid claim legally ineffective.

Trespass — the unlawful and direct interference with immovable property — continues to be one of the most pressing threats to landowners’ rights in Cyprus. Whether in the form of unauthorised entry, refusal to vacate, or continued occupation without legal basis, trespass can cause immediate and often irreparable harm. In such cases, how and when can a plaintiff obtain an interim injunction to stop the unlawful occupation or recover possession?