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Are Electronic Signatures (E-Signatures) Reliable?

In the wake of the COVID-19 pandemic, businesses saw unprecedented logistical and operational challenges as jurisdictions across the globe, imposed travel and social distancing restrictions. This state of affairs had the effect of popularising the use of electronic signatures (also known as E-Signatures), with the scope of accommodating to new realities. E-Signatures provide an alternative […]
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Warrant of Prohibitory Injunction Issued: A Maisonette Owner requests to inhibit the Airspace Owner from constructing Additional Floors due to the Potential Aggravation of Easements

In a case brought before the First Hall Civil Court, a plaintiff, owner of a maisonette underlying a block of apartments, brought an action against a defendant with the scope of impeding the latter as airspace owner, from building an additional three floors. The plaintiff requested that the court issues a warrant of prohibitory injunction, […]
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From Illegitimate Building Works to Illegitimate Demolition Orders: How Good Faith Saved the New Owner from Demolition of his Property in the Municipality of Torre del Greco

On the 31st of March 2021, The Regional Administrative Court of Campania (Third Section) amongst other things held, that good faith can save the new owner from a demolition order on account of irregularities which happened years earlier which the Municipality had not noticed until recently. The dispute arose between the Municipality and a citizen […]
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The court declares itself on the conduct of a commercial partnership alleged to be contrary to the interests of its members as a whole

In a case brought before the Civil Court (Commercial Section), presided over by Mr. Justice Joseph Zammit McKeon, and decided on the 25th of February 2021, the conduct of a commercial partnership en nom collectif, made up of three partners, was brought under scrutiny. One of the partners filed judicial proceedings against the other partners, […]
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Guidance Note on the Recovery Measure regarding Income Tax and Duty on Documents and Transfers

The Capital Transfer Duty Department and the Office of the Commissioner For Revenue have published the revised guidelines in connection with the extension of the above-captioned fiscal incentives. The Guidance Note can be viewed here: https://cfr.gov.mt/en/inlandrevenue/legal-technical/Documents/Guidance%20Note%20on%20Recovery%20Measure%20ITA%20DDTA.pdf It is also confirmed that: The deadline for the publication of final deeds is now extended to January 2022. […]
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What is the SFDR and what are its main requirements for the financial market participants?

With effect from 10th March 2021, Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (the ‘SFDR’) will start to apply. This write-up purports to provide the readers with a high-level summary of the main requirements that emanate from the SFDR […]
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New Legal Notice allows for the extension of commercial emphyteutical concessions by application

The Ministry for Transport, Infrastructure and Capital Projects, has recently published Legal Notice 369 of 2020, entitled “Extension of Temporary Emphyteusis in a Contract for a Commercial Premises Transferred from the Government, the Lands Authority or Ecclesiastical Entities by Title of Emphyteusis Regulations, 2020”. According to these new regulations, as of the 5th of October […]
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