Civil LawProperty Law Legatee must request the release of the property from the heirs in solidum Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property. The First Hall…Marthese HiliMay 31, 2019
Property Law Residential leased property must be lived in If elderly tenants decide to move to a retirement home, then they will be effectively foregoing their lease. This was held in a judgement delivered…Marthese HiliApril 5, 2019
Intellectual Property LawProperty Law Court gives explanation between 10 and 30 years’ acquisitive prescription The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years…Marthese HiliMarch 29, 2019
Intellectual Property LawProperty Law Tenant to pay for fire damage caused by TV The Rent Regulation Board has ordered a tenant to pay for the repairs of a house following a fire after it was shown that he…Marthese HiliMarch 1, 2019
Civil Law Court does not accept clauses that hide an elevated interest rate on loan The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted.Marthese HiliFebruary 15, 2019
Civil Law Court is limited to its competency The Magistrates’ Court may award damages limited to it the amount it is competent to award, even though the damages may be of a higher…Marthese HiliJanuary 11, 2019
Civil Law Court may revoke a precautionary warrant and order the payment of damages if filed vexatiously The right to the remedies created by law cease where the abuse of such rights begin... whoever acts in bad faith should be condemned to…Marthese HiliDecember 7, 2018
Civil Law Person responsible for damages due to bounced cheques The First Hall of the Civil Courts ordered man to pay damages after he participated in a fraud by issuing cheques which were not honoured.…MMA EditorNovember 30, 2018
Civil LawProcedural Law Carpenter has to pay for difference of prices for replacement works The Magistrate’s Court in Gozo ordered a carpenter to pay for the difference in price of replacement of doors, after it was established that bad…MMA EditorJune 25, 2018
Property Law Court explains elements of Article 495A The particular elements of this section in the Civil Code were explained by Honourable Judge Mark Chetcuti in the case of Abela Carmelo Et vs…Marthese HiliMay 23, 2018