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Dr Fotios Nikolaou

Abstract

The purpose of this study is to further investigate the concept of the weakening of a right in the field of property law. The weakening of a right is applied by reference to the particular circumstances of a case, including an unreasonable and unexplained long period of plaintiff’s delay in exercising his/her right, which causally prejudices the defendant’s position. The analysis of the conditions and consequences of the weakening of a right is undertaken on the basis of the doctrine and case law of the Greek and Cypriot property law, in order to identify in a comparative law way the dynamic elements of each individual legal order and to shed light on the process of using the findings in the assessment and handling of real life cases covered by the above issue.

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Keywords

abuse of a right, constructive trust, estoppel by laches, principle of proportionality, property law, proprietary estoppel, resulting trust, right in rem, weakening of a right

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