In the context of Cypriot contract law, particularly under Cap. 149, bonds in customary form serve as valuable tools for facilitating financial transactions and ensuring legal obligations are met. Defined as written promises created between parties, these bonds are signed in the presence of at least two witnesses who are competent to contract, providing a robust legal foundation for enforcing payment agreements.
A bond in customary form includes a sum of money that is payable upon first demand, at a specified time, or at a determinable future date, along with an interest rate capped at nine percent per annum. Importantly, if legal action is required to obtain payment, the bond must also outline any associated costs.
Roles of Parties
In this framework, the individual offering the bond is referred to as the “debtor,” while the recipient who holds the bond is known as the “creditor.” This clear delineation helps maintain accountability and clarity in financial dealings.
Security Features
Further reinforcing their utility, bonds in customary form are not invalidated merely because they are secured by guarantees, pledges, or mortgages against real property. This flexibility allows businesses and individuals to negotiate terms that fit their financial arrangements while adhering to legal standards.
Legal Standing
Moreover, the content of a bond in customary form is recognised as irrefutable evidence in any legal proceedings. This means that the facts presented within the bond cannot be easily disputed in court. However, it is permissible for a debtor to defend against enforcement by claiming that their signature is forged or that the bond was issued under coercion or fraud.
Conclusion
Bonds in customary form represent a significant aspect of commercial law in Cyprus, providing a secure means of ensuring payment obligations and protecting the interests of creditors. By understanding their legal significance under Cap. 149, parties can effectively utilise these instruments to facilitate transactions while minimising potential legal disputes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
