Law Blog

In Maltese civil law, light-related servitudes are often invoked but rarely understood with the doctrinal precision they require. The distinction between servitus luminum and servitus ne luminibus officiatur is particularly significant, as it determines whether a neighbouring owner may lawfully build near a window or whether any form of interference with light is absolutely prohibited. […]

This short analysis delves into the constitutional provisions governing the appointment of the Leader of Opposition 1. Appointment of the Leader of the Opposition: Party Majority as the Primary Rule Article 90(2)(a) provides a clear rule for the appointment of the Leader of the Opposition: “if there is one opposition party whose numerical strength in […]

The legal intersection between usufructuary rights and lease agreements presents intriguing considerations, particularly when usufruct terminates and property rights shift. For reference, I frequently turn to the a particular Maltese case of 28 June 1957 (Pullicino vs Borg Olivier), decided by Malta’s Inferior Appeals Court, which thoughtfully interprets pertinent provisions within the Maltese Civil Code—specifically […]

A recent Court of Appeal decision has rekindled debate around a deceptively simple question in planning law: is a regularisation permit truly a development permit? In Ivan Vella v Planning Authority (Court of Appeal [Inferior Jurisdiction], 28 May 2025), the Court held that a regularisation under L.N. 285 of 2016 does not amount to a […]

This short publication examines a long-standing ambiguity in Maltese civil law: is a party wall rendered common upon physical use (appoġġ) or only following payment in terms of Article 418 of the Civil Code? While most local jurisprudence adopts a pragmatic view—treating use as sufficient to trigger co-ownership—this contribution gives serious weight to the alternative […]

Articles 490(2) and 492 of the Maltese Civil Code establish that co-proprietors must proportionately contribute to expenses for maintaining common property. Specifically, Article 492 empowers a co-proprietor to legally oblige fellow co-owners to share necessary maintenance expenses. Indeed, Article 490 of the Civil Codes states as follows: ‘490.(1) The shares of the co-owners shall, unless […]