Civil Law No prescription among co-debtors When a co-debtor pays the debtor, the other debtor cannot raise the plea of prescription, in order to refund his share of the debtMMA EditorFebruary 14, 2020
Arbitration LawCivil LawProcedural Law Court of Appeal will not re-examine facts following a voluntary arbitration Following an arbitration award, the Court of Appeal cannot enter into the facts of the case, if the arbitration is a voluntary one.Marthese HiliNovember 29, 2019
Civil LawProperty Law Co-owners may force a sale of common property The Court ordered that the plaintiffs were to sell the property in terms of the promise of sale agreement.MMA EditorOctober 4, 2019
Civil Law POAs: Mandators cannot escape liability if they cannot read Maltese or English A person who accepts another as their mandatory through a power of attorney agreement cannot escape liability by stating that they were not aware of…MMA EditorSeptember 20, 2019
Civil LawProperty Law Co-owners may be given the keys of the common property The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may…MMA EditorJune 14, 2019
Civil LawProperty Law Legatee must request the release of the property from the heirs in solidum Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property. The First Hall…Marthese HiliMay 31, 2019
Property Law Residential leased property must be lived in If elderly tenants decide to move to a retirement home, then they will be effectively foregoing their lease. This was held in a judgement delivered…Marthese HiliApril 5, 2019
Intellectual Property LawProperty Law Court gives explanation between 10 and 30 years’ acquisitive prescription The First Hall of the Civil Courts said for the 30 years prescriptive period to be successful there is need of possession for 30 years…Marthese HiliMarch 29, 2019
Intellectual Property LawProperty Law Tenant to pay for fire damage caused by TV The Rent Regulation Board has ordered a tenant to pay for the repairs of a house following a fire after it was shown that he…Marthese HiliMarch 1, 2019
Civil Law Court does not accept clauses that hide an elevated interest rate on loan The court found that any loan agreement which hides the fact that more than 8% interest is being charged is not to be accepted.Marthese HiliFebruary 15, 2019