A new publication on actio spolii and actio rei vindicatoria
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 […]
The Dormant Doctrine of Zammit McKeon
There are judgments that pass unnoticed and others that whisper ahead of their time. The 2013 decision in Alberta sive Bertha Cassar Torregiani vs Michael Stivala et is one of the latter. Presided by then Mr Justice Joseph Zammit McKeon, the case turned on the interpretation of Article 443(1) of the Civil Code—specifically the legality […]
Passive and Active Servitudes in Property Law
Property law is often thought of in terms of ownership—what a person may do with their land, what they may build, how they may use it. Yet, just as crucial are the limits on that ownership, and few legal instruments illustrate this better than servitudes. These are not merely technical encumbrances buried in old deeds; […]
Tale Quale and Latent Defects: Understanding Articles 1427 and 1431 of the Civil Code
In the sale of immovable property, hidden defects can turn a seemingly sound investment into a legal and financial burden. Maltese law, under Chapter 16 of the Civil Code, provides buyers with certain protections—but these are not indefinite. The law expects both parties to act with prudence, and imposes strict legal timelines within which claims […]








