Procedural LawProperty Law You can only sell what you have A promise of sale agreement could not have been entered into because the seller did not yet own the property. This was held in John…Malcolm MifsudJune 15, 2023
Constitutional LawProperty Law A tenant relying on the articles of the law to prove title may be evicted following a constitutional judgement Following a constitutional judgement declaring that the owner’s property rights have been infringed, a tenant may be evicted if he solely rests upon the articles…Jodie DarmaninMay 23, 2023
Civil LawProperty Law Representation must be proven Those who claim to represent a party in a lawsuit have to prove their representation. This was held in Dr Michelle Tabone on behalf of…Malcolm MifsudApril 23, 2023
Civil LawProperty Law Majority co-owners may sell property if all conditions are fair The Court must be satisfied that the minority of co-owners of a property will not be prejudiced with the sale of their property by the…Malcolm MifsudFebruary 7, 2023
Civil LawProperty Law A new lease agreement is deemed to be renunciation of the old lease agreement When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact…Malcolm MifsudNovember 20, 2022
Constitutional LawProperty Law Violation of the Right to Property – Post Introduction of Controlled Rent Residential Leases Act The operations of the Reletting of Urban Property Ordinance, Chapter 69 of the Laws of Malta and Act X of 2009 violated the fundamental rights…Ian BarbaraNovember 8, 2022
Civil LawProperty Law Representation in a contract must be indicated If a party is representing another party in an agreement or a contract must be indicated to the Parties.Malcolm MifsudMay 8, 2022
Property Law Parties may not follow through on promise-of-sale if earnest (kapparra) is paid If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor…Malcolm MifsudApril 24, 2022
Civil LawConstitutional LawProperty Law When public interest comes into play The authorities may take measures in private property in order to safeguard public health and within the pubic interest. This was held in a judgement…Malcolm MifsudApril 3, 2022
Property Law Landlord cannot claim full di fermo period if property is rented to third party A landlord may not claim the rent for the full di fermo period if the same landlord had rented the property to a third party…Malcolm MifsudFebruary 7, 2022