Following a request by Għaqda Studenti tal-Liġi (GħSL), this article entitled ‘Actio Spolii u Actio Rei Vindicatoria‘ — published last week in their 2025 edition of Id-Dritt [35th Edition] —is being shared here to support second-year law students preparing for their Property Law exam. It focuses on two important remedies in Maltese civil law: the actio spolii and the actio rei vindicatoria.
The article outlines the basic structure and function of these two actions. The actio spolii protects possession itself, even in the absence of ownership, so long as the possessor was unlawfully dispossessed. The remedy is intended to discourage self-help and preserve public order, and must be brought within two months of the act of dispossession. By contrast, the actio rei vindicatoria is used by a person claiming ownership to recover property from someone else in possession, and notably requires proof of legal title.
The discussion also raises some doubts about how strictly the courts have interpreted the requirement to prove an “original title” in ownership claims. While the points made are supported by case law and doctrinal reasoning, they reflect a critical stance and should be read with care. The aim is to offer students a clearer understanding of the principles involved, as well as the challenges that arise in their application.
