Ligi Civili

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 […]

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; […]

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 […]

In my previous blog, I discussed a scenario where planning permission was obtained after a prospective buyer insisted on extending the konvenju through a judicial letter, ultimately leading to a civil case for the court to order the vendor to sell. This time, the situation is different. The buyer believes there are sufficient reasons not […]

Consider a scenario in which a prospective buyer enters into a konvenju with the  specific condition that the building must have a planning permit. As the konvenju nears its expiration, the property still lacks a planning permit. Nonetheless, the buyer decides to proceed with the contract and files a judicial letter before the konvenju expires, […]