ATTACHMENT 1: DEFINITIONS

 

Article 1  Definitions

 

In Annex VII and its attachments, the following terms are defined as: 

 

1. Affected property - immovable property in Cyprus which the owner,

being a natural or legal person, left or of which s/he lost use and control as a consequence of intercommunal strife, military action or the unresolved division of the island between December 1963 and entry into force of the Foundation Agreement, and which has not since been" reinstated to the owner, and over which s/he has not regained use and control. Affected property shall not include any property which was voluntarily sold, transferred or otherwise permanently disposed of by the owner, including through compulsory acquisition or expropriation (provided such compulsory acquisition or expropriation was carried out in accordance with international standards, including through payment of full and effective compensation). The onus of proof of any such voluntary transfer or lawful expropriation shall lie with the transferee or his/her successor in title. In the absence of evidence to the contrary for the individual case in question, dispossession shall be presumed to have been unlawful and/or involuntary.

 

2. Alternative accommodation - residential housing for people affected by the return and reinstatement of owners, who satisfy eligibility requirements. Such accommodation shall at least be of a level which is comfortable by reasonable modern standards (including being connected to public utilities where available, such as water and electricity); provides a reasonable ratio of living space for the number of household members which it must accommodate; is no less than [insert minimum number of square metres for an individual and minimum number of square metres for each additional person]; and, where practicable, is comparable to the residence which the recipient is vacating or which s/he possessed prior to his/her displacement (up to a maximum standard to be defined in regulations of the Property Board).

3.Current value - value of a properly at time - of dispossession, plus an adjustment to reflect appreciation based among other things on increase in average sale prices of properties in Cyprus in comparable location in the intervening period up to the date of entry into force of the Foundation Agreement. 

 

Σχόλιο:Πολύ αόριστα, ποία θα είναι η περιοχή με την οποία θα γίνεται Σύγκριση; Περιοχή δίπλα από εκεί ή κάποια περιοχή παρόμοια στις ελεύθερες περιοχές;

 

4.Current user- a person who has been granted a form °t right to use or occupy property by an authority under a .legal or administrative process established to deal with property belonging to dispossessed owners, or any member of his/her family who has a derivative right to use or occupy such property, or any successor in title. The definition does not include any person who occupies or uses a property without any legal, administrative or formal basis, nor any person using or occupying property under a lease contract from a private person, nor any military force, body or authority.

 

Σχόλιο: Ιδιοκτησία που χρησιμοποιείται από τον στρατό τι θεωρείται;

 

5. Dispossessed owner - a natural or legal person who, at the time of dispossession, held a legal interest in the, affected property as owner or part owner, or his/her legal heir ;

 

6. Institutions - entities other than natural persons, including privately or publicly-owned or controlled bodies, such as public or private trusts, religious institutions; military forces and companies (other than sole corporations).

 

7. Market rent - the amount of rent which could be charged for a property on the open market, based on an assessment of market rents paid for comparable properties in comparable locations at the time of assessment.

 

8.Market value - the amount for which a property could be sold on the open market, based on an assessment of purchase prices or amounts paid for comparable properties in comparable locations at the time of assessment.

 

9. Original state - the state or condition of affected property at the time of dispossession of the dispossessed owner, not including improvements subsequently made by any party.

 

10. Property - immovable property, being land and fixtures attached to land (or interest in such a property)].

 

Σχόλιο: Ως ορισμός περιουσίας δίδεται αμετακίνητη περιουσία είτε είναι γη είτε εξαρτήματα μπηγμένα σε γη. Τι γίνεται με την ακίνητη περιουσία, έπιπλα, αυτοκίνητα, πίνακες, πολύτιμες συλλογές; Καμιά μορφή αποζημίωσης.  

 

11.Reinstatement - restitution through the award of legal and physical possession to the dispossessed owner, so as to enable him/her to exercise effective control over such property, including use for his/her own purposes.

 

12. Religious site - a mosque, church, chapel, cemetery, monastery, shrine, tomb or other place of worship.

 

13. Significant improvement - an improvement (including any new construction on vacant land) to an affected property, which was made between the time of dispossession and 31 December 2001 f or based on a building permit issued prior to 31 December 2001 f and which has greater value than the value of the affected property in its original state. The value of an improvement shall be assessed on the basis of market value, while the value of affected property shall be assessed on the basis of cu/Tent value. The burden of proof concerning the value, ownership and date of construction of any improvement lies on the owner of the improvement. 

 

14. Sufficient financial means - income (taxable or otherwise) of more than X (X being the amount required to meet mortgage payments) or wealth of more than Y (Y being the amount required to purchase the currently- used property or alternative accommodation). Entitlements and interests in affected property shall be taken into account for the purposes of calculating wealth. The Property Board shall determine the amounts of X and Y and revise the amounts annually, based on market figures and expert input.

 

     Σχόλιο: Για πόσο χρονικό διάστημα;

 

15. Use for own purposes - use and enjoyment of affected property by a person, his/her family member, employee or representative (other than a tenant) through regular personal use (not necessarily as a permanent residence). Use {or own purposes shall not include selling, renting, transferring by gift or otherwise disposing of an interest in affected property.

 

16. Vacant - not used or occupied by a current user or any member of his/her family or successor in title who has a derivative right to use or occupy such property.