In the realm of property law, community of property is an evident reality within Malta. As stated in Article 489(1) of the Civil Code (Chapter 16 of the Laws of Malta), ‘community of property exists where the ownership of one and the same thing, or of one and the same right, is vested pro indiviso […]
During arbitration proceedings brought before the Malta Arbitration Centre, a claim was lodged by aggrieved condomini who collectively claimed that a decision taken during an annual general meeting, whereby a request to have CCTV cameras installed in the common parts of a block of apartments was rejected. The condomini collectively claimed that this was an […]
In a recent judgment, the Court of Appeal examined key legal issues that frequently arise in property development. The case of Laferla et vs. Mifsud focused on three primary matters: the legal restrictions on excavation near a party wall, the rights of neighbours to modify a shared wall, and the implications of distance requirements for windows […]
Notified PIFs (NOW including also self-managed PIFs) – what do they mean for the Maltese fund industry? Malta’s past success story as a fund domicile has traditionally been founded on the Professional Investor Fund (PIF) product. This has gradually gained its popularity with fund managers around the globe, particularly small and medium sized managers, since […]
The general rule is that VAT applies to the supply of goods or services made by a “Taxable Person” acting as such, defined under Article 5 of the VAT Act (Chapter 406 of the Laws of Malta) as a person who carries on an economic activity. This brings us to the question – are Directors […]
In discussions surrounding Maltese law, the concept of a ‘deposit’ in promise of sale agreements is often a source of significant misconceptions. The question of what happens to a deposit when a promise of sale expires without the final deed being published is particularly pressing. This issue was recently addressed in the judgment of the […]
Act No. XX of 2024 (the “Amending Act”) has brought about a number of changes to the laws governing leases and private residential leases with the most significant amendments found in the Private Residential Leases Act, Chapter 604 of the Laws of Malta (“Act”). The legislator’s intention behind these changes is to enhance transparency and […]
On the 23rd of August 2024 a legal notice titled “Amendment or Revocation of a Condition imposed in a contract of a property transferred by the Government, the Lands Authority or Ecclesiastical Entities by means of a sale or emphyteusis Regulations” (L.N. 196 of 2024) (“New Regulations”), was published repealing L.N. 370 of 2020 (“Previous […]
Under the Maltese Civil Code, damages may be awarded for tortious liability, with the aim of reinstating the individual in the same exact position before the damage occurred (to the status quo ante), and contractual liability, with the aim to enforce a contract or to liquidate damages for failure to perform an obligation arising from […]
By virtue of Act XIII of 2024 – ‘Budget Measures Implementation Act, 2024’, Article 35 of the Duty on Documents and Transfers Act (Chapter 364 of the laws of Malta) has been supplemented by new sub-articles (9), (10), (11), (12) and (13), dedicated to transfers causa mortis of qualifying agricultural land. Pursuant to the newly […]