Procedural LawProperty Law You can only sell what you have A promise of sale agreement could not have been entered into because the seller did not yet own the property. This was held in John…Malcolm MifsudJune 15, 2023
Civil LawEmployment LawLabour Law The parties must prove the claims against each other The Parties who file claims and pleas must prove to the Court their respective positions. This was held in a judgement delivered by the Magistrates…Malcolm MifsudFebruary 26, 2023
Civil LawProperty Law Majority co-owners may sell property if all conditions are fair The Court must be satisfied that the minority of co-owners of a property will not be prejudiced with the sale of their property by the…Malcolm MifsudFebruary 7, 2023
Company Law Contractor must pay for work carried out The general principle of contract of works is that if the works are carried out, then payment must be affected. This was held by Mr…Malcolm MifsudSeptember 19, 2022
Civil LawCommercial Law Tacit resolutive condition may dissolve agreement only in grave circumstances The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim. This was held by the Court…Malcolm MifsudJuly 24, 2022
Civil LawProperty Law Representation in a contract must be indicated If a party is representing another party in an agreement or a contract must be indicated to the Parties.Malcolm MifsudMay 8, 2022
Property Law Parties may not follow through on promise-of-sale if earnest (kapparra) is paid If the purchaser pays earnest (kapparra) the parties may not contract the sale, however, the payment will have to be refunded or else the vendor…Malcolm MifsudApril 24, 2022
Property Law Owners have a right to visit rented property The law provides the right for owners to visit the rent property after reaching an agreement with the tenants. This was held in judgement delivered…Malcolm MifsudJanuary 30, 2022
Civil LawProperty Law Civil Courts bound to decide on the validity of lease agreements Recent amendments to the Civil Code confirm that the Civil Courts have jurisdiction to decide on whether a lease agreement is valid or not. This…Malcolm MifsudJanuary 16, 2022
Civil Law Novation only takes place when obligation is extinguished to make room for a new obligation A verbal agreement following a public deed is not novation if the terms and conditions were merely modified. This was held by Judge Miriam Hayman…Malcolm MifsudJanuary 9, 2022