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.