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Cyprus Family Law: Spouse's claim for contribution in post-marital acquisitions

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by Giorgos Kazoleas, Lawyer* The regulation of property issues between spouses after divorce or separation is one of the main problems and is most commonly related with the issue of the contribution of one spouse to the increase in the other’s property. According to Cypriot Family Law, in the event that the marriage is dissolved or annulled, or in the event of separation of the spouses, in case the property of one spouse has increased, the other spouse, if he/she contributed in any way to this increase, is entitled to bring an action before the Court and demand the return of the part of the increase that comes from his/her own contribution.[1] The contribution of one spouse to the increase in the property of the other is presumed to amount to one third of the increase, unless a greater or lesser contribution is proven.[2] “Contribution” means any form of contribution by the spouses to the acquisition or creation of property and includes the care of the family home and family memb...
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ECtHR Judgement against Greece: Disclosure of the identities and medical data of prostitutes diagnosed with HIV was a breach of their right to private life

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The case of O.G. and Others v. Greece (applications nos. 71555/12 and 48256/13) concerned the publication, by decision of the domestic authorities, of medical data concerning prostitutes who had been diagnosed as HIV-positive, and media coverage of them. It also concerned the circumstances in which they were required to undergo a blood test.  In Chamber 's judgment(23.1.2024) in this case the European Court of Human Rights held, unanimously, that there had been two violations:  -A violation of Article 8 (right to respect for private life) of the European Convention on Human Rights, with regard to two applicants, on account of the blood tests they had been required to undertake.  The Court considered that the blood samples imposed on two applicants had amounted to an interference with their private life and noted that this had not been in accordance with the law within the meaning of Article 8 of the Convention, given that the provisions of domestic law in issue ought to h...
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Landmark Murder Conviction for Illegal Street Racing in Germany

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Following a fatal illegal street race in Ludwigsburg in March 2025, the Stuttgart District Court (LG Stuttgart) has issued a landmark ruling. The primary defendant was sentenced to life imprisonment for murder, while his brother received 13 years for attempted murder. The race resulted in the deaths of two innocent young women when their vehicle was rammed at speeds exceeding 130 km/h in a 50 km/h zone. Intent vs. Negligence The core of the legal debate centered on the definition of intent. The defense argued for "negligent homicide," claiming the defendants never intended to kill anyone. The court applied the principle of eventual intent (dolus eventualis). It ruled that by racing at extreme speeds in a residential area, the defendants recognized the life-threatening danger and "accepted" the possibility of a fatal outcome in pursuit of the thrill of the race. The ruling utilizes Section 315d of the German Criminal Code (StGB), known as the "Raserparag...
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The civil courts did not violate the right of access to a court by refusing a document which had not been submitted in accordance with the Code of Civil Procedure

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In Chamber judgment in the case of Efstratiou and Others v. Greece (application no. 53221/14) the European Court of Human Rights held, unanimously, that there had been no violation of Article 6 (right to a fair trial / right of access to a court) of the European Convention on Human Rights. The applicants in this case considered that the refusal by the court of appeal and the Court of Cassation to take account of evidence which they considered as decisive for the outcome of the case had been excessively formalistic. Those courts had considered that the documents in question had not been presented to the court of appeal in accordance with the requirements of Article 240 of the Greek Code of Civil Procedure. The Court held, in particular, that the statement given by a witness for the applicants at the hearing before the court of appeal, had fairly accurately reflected the substance of the document (a sworn statement), which the court of appeal had dismissed on the grounds that it ha...
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Daily Mail publisher wins case against ‘success fees’ paid to lawyers (ECtHR)

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Obligation on publisher of the Daily Mail to pay substantial “success fees" in defamation and breach of privacy cases was excessive. The case Associated Newspapers Limited v. the United Kingdom (application no. 37398/21) concerned the fact that Associated Newspapers Limited the publisher of the Daily Mail and the Mail on Sunday had been obliged to pay extensive costs incurred by claimants who had successfully sued it in privacy and/or defamation proceedings following articles it had published in print or online in 2017 and 2019.  Since one of the claimants had entered into a conditional fee arrangement (CFA) with his legal representative, and both had taken out “after-the-event” (ATE) insurance, Associated Newspapers Limited had been liable not only for their base costs, but also for fee uplifts including the “success fee” in the CFA and for their ATE insurance premiums.  In Chamber judgment (12.11.2024) in the case, the European Court of Human Rights held, unanimously, that t...
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The struggle for truth against time and limitation period in the light of two paternity court cases

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By George Kazoleas, Lawyer Two recent cases, one by the European Court of Human Rights and the other by the Athens Court of First Instance with similar facts, show once again that justice can dispel the darkness caused by human deceit having as a result the distortion of real facts. Against time and limitation Time, was essentially the reason why the courts in Serbia denied the 50-year-old Peda Boljevic the right to know the truth about who his biological father was. Until 2011 he believed that A was his real father but when he died, Boljevic discovered in old court rulings around 1970 that A could not be his biological father. So, at the beginning of 2012, he filed a lawsuit with his mother, invoking the old decisions by also adding the argument that back then there was no DNA test, but today this could be done based on a court decree. The courts in Serbia, both the court of first instance and the court of appeals, rejected his application as lapsed, after so many years. In particular...
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Fully-funded PhD position in AI, Law and Public Power

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Erasmus University Rotterdam School of Law, department Law & Markets, is looking for a fulltime PhD researcher in AI, Law and Public Power (4,5 years with 20% teaching tasks). PhD AI, Law and Public Power Are you curious about how artificial intelligence is changing state actor powers? Do you want to conduct critical and in-depth legal research at the intersection of technology, law and power? And would you like to combine that with academic teaching? Then this PhD position at Erasmus School of Law is for you. Within the Law & Markets team, you will spend 4.5 years researching the legal regulation of AI in the public sector. How do we protect fundamental rights when algorithms help decide on who receives public benefits, how to perform enforcement or how to enact environmental policy? What is the role of the state, and where is the limit of government power in a data-driven society? You will have plenty of space to choose your own research angle and work in a multidisci...
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