Civil LawProperty Law There must be a clear understanding in a Prestanome arrangement A Prestanome is an indirect mandate, but the parties have to be aware of its existence to be valid. This was held by the Magistrates’…Marthese HiliMay 2, 2021
Civil Law Second wife of a few months is entitled to reserved portion after the death of the husband The law provides that the widow of a divorced husband is entitled to receive her full share of the reserved portion. This was held in…Marthese HiliApril 25, 2021
Commercial Law Prescription period starts upon last entry of the account A commercial account between two companies starts not when the order was effected but when the account is liquated. This was held in a judgement…MMA EditorMarch 28, 2021
Property Law Commercial leased properties must be made use of Commercial premises will be terminated if it is not being made use of.MMA EditorJanuary 31, 2021
Property Law Debtor must prove set-off if it is being claimed If a debtor claims that the debt is paid through a set-off then it is the debtor who has to prove this and not the…MMA EditorJuly 31, 2020
Civil LawCommercial Law Civil Court has competence to hear issues dealing with commercial rural leases The Civil Court have jurisdiction to decide cases concerning commercial leases irrespective if the property may be in a rural zone. This was held in…MMA EditorJune 19, 2020
Civil Law No prescription among co-debtors When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debtMMA EditorFebruary 14, 2020
Civil LawProperty Law Co-owners may force a sale of common property The Court ordered that the plaintiffs were to sell the property in terms of the promise of sale agreement.MMA EditorOctober 4, 2019
Civil Law POAs: Mandators cannot escape liability if they cannot read Maltese or English A person who accepts another as their mandatory through a power of attorney agreement cannot escape liability by stating that they were not aware of…MMA EditorSeptember 20, 2019
Civil LawProperty Law Co-owners may be given the keys of the common property The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may…MMA EditorJune 14, 2019