As pledged, I am commencing the release of a series of concise legal publications on ‘emphyteusis’ (in Maltese: ‘cens’). In this initial instalment, I underscore the distinction between emphyteusis and lease (the difference between in Maltese ‘cens’ or ‘enfitewsi’ and ‘kera’ or ‘lokazzjoni’).
Furthermore, I draw attention to contracts labelled as ‘lease’ which, however, are legally recognized under Maltese law as emphyteutical agreements.
Furthermore, I explore the complexity surrounding a dominus’s ability to request the dissolution of an emphyteutical agreement, notwithstanding the provision in Article 1518 of the Civil Code, which states that ‘…the dominus may demand the dissolution of the emphyteusis and the reversion in his favor of the tenement together with the improvements, in addition to the repair of any damage, if the tenement has considerably deteriorated…’.
Moreover, I address whether an emphyteuta has the authority, during the concession period, to demolish the property to replace it with a superior one.
All of this is covered in the inaugural series titled ‘Ic-Cens‘. Keep an eye on this space for more instalments.
