Cens

My choice to produce this series of brief publications on emphyteusis stems from the mere fact that while new contracts on emphyteusis are rare nowadays, many still exist and there are potential ramifications yet to be fully explored. In the initial instalment, I focused on the fundamental principle of emphyteusis, while in the second, I […]

The second instalment of the publication series on emphyteusis progresses. After elucidating the constitutive elements of emphyteusis, the focus now shifts to its first type: perpetual emphyteusis, which can either be indefinite or revisable. Both types of perpetual emphyteusis can essentially be redeemed, but through distinct methods. This is explained in ‘Ic-Cens Perpetwu u Perpetwu […]

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 […]