CIVIL CODE  [CAP. 16.   1
CHAPTER 16
CIVIL CODE
To amend and consolidate the Laws relating to Persons and the Laws
respecting rights relative of Things and the different modes of acquiring
and transmitting such rights.
11th February, 1870
 22nd January, 1874
   This Code consolidates the following:
ORDINANCE VII of 1868 (as amended by Ordinances: I of 1870, IV of
1907, XIV of 1913, II and V of 1920; Acts: III of 1930, XLII of 1933;
Ordinances: XL of 1935, XIX of 1937 , III of 1938, XXXIX of 1939 and XXV
of 1940); ORDINANCE 1 of 1873 (as amended by Ordinances: I of 1908,XIII of 1932; Act XXI of 1933; Ordinances: XX of 1934, XVIII of 1938 and
XXII of 1939); Article I of ORDINANCE VI of 1895 and Articles 2, 4, 5, 6,
7 (1) and 9 of ORDINANCE XIII of 1895.
This Code was subsequently amended by Ordinances: II and VII of
1944; Acts: XXVIII of 19 48, XI of 1952; Ordinances: IV and XXXIX of
1961, XXI and XXV of 1962 ; Legal Notice 4 of 19 63; Act XXVIII of 1963;
Legal Notice 46 of 1965; Acts: XXXI of  1965, II and XXXI of 1966, XVI of
1967, VI of 1968, VI and XXXVIII of  1972, XI and XXV of 1973; Legal
Notice 54 of 1973; Acts: XLVI of 19 73, I and LIV of 1974, XXXVII of 1975;
Legal Notice 93 of 1975; Act LVIII of 1975; Legal Notice 148 of 1975; Act
LV of 1975; Legal Notice 46 of 1976; Acts: XXII, XXVII and XXXIX of
1976; Legal Notice 43 of  1977; Acts: VI I and XI of 1977, XXII and XXX of
1979, XXX
, XLIX  and L of 1981 , VII and IX of 1982 , VI and  XIII of 1983 ,
XX of 1984 , VII of 1985 , XII and XXXI of 1986 ; Legal Notice 161 of 1989 ;
Acts: VIII of 1990 , XVII of 1991 , IX of 1992 , V and XXI of 1993 , III and
XXVIII of 1994 , and IV, XXIV  and XXX of 1995 ; Legal Notice 212 of 1997 ;
Acts IX and XXII of 2000 , XX and XXXI of 2002 , III, VI, IX, XIII and XVIII
of 2004 ; Legal Notice  355 of 2004 ; Acts XI, XIII, XX and XXII of 2005 , V
of 2006 , VIII , XIII and XVIII of 2007 ; Legal Notice 407 of 2007 ; Acts III,
IV and  XV of 2008 , III, X, XII and XV of 2009 , V, VIII, XX and XXIII of
2010 , XIV and XXIV of 2011 , and II, XV, XIX and XXIV of 2012 ; Legal
Notices 218, 311, 426 and 465 of 2012 ; Acts  IV and VII of 2013 , and IX
and XXV of 2014 ; Legal Notice 92 of 2015 ; Acts XI, XII, XVI, XX and XXX
of 2015, IV, XIII, XIV, XXIV , XXV, LII of 2016 , I of 2017 , VIII of 2017 , XV
of 2017, X VII of 2017 , XXIII of 2017  ,  VIII of 2018 , XIII of 2018. , XXVII
of 2018   XXXI of 2018 ,  XXXII of 2018 , XXIV of 2018 , XXXVI of 2018 and
XLIII of 2018   XXV  and XXVIII of 2019 and Legal Notice 339 of 2019 .
  2     [CAP. 16.           CIVIL CODE
ARRANGEMENT OF CODE
Articles
Short Title 1
BOOK FIRST
OF PERSONS
Preliminary 1A
Title I. Of the Rights and Duti es Arising from Marriage 2-66N
 Sub-title I. Of the Mutual Rights and Duties of Spouses 2-6A
 Sub-title II. Of the Mutual Rights and Duties of Ascendants,
Descendants and Brothers 7-34
 Sub-title III. Of Personal Separation 35-66
 Sub-title IV . Of Divorce 66A-66N
Title II. Of Filiation 67-112
 Sub-title I. Of the Filiation of Children conceived or born in Wedlock 67-77
 Sub-title II. Of the Proof of Filiation of C hildren Conceived or Born in
Wedlock 78-85
 Sub-title III. Of the Filiation of Children Conceived and Born out of
Wedlock and of the Presumption that a Person wasConceived or Born in Wedlock 86-112
   §I Of the Filiation of Children Conceived and Born out of
Wedlock 86-100A
   §II Of the Presumption that a Person was Conceived or Born in
Wedlock 101-112
Title III. Of Adoption 113-130ATitle IV . Of Parental Authority 131-156
 Sub-title I. Of the Effects of Parental Authority in regard to Minors 132-149
 Sub-title II. How Parental Authority Ceases 150-156
Title V . Of Minority and of Tutorship 157-187
 Sub-title I. Of Minority 157
 Sub-title II. Of Tutorship 158-187
   §I Of the Appointment and Removal of Tutors 159-171
   §II Of the Tutor’s Administration 172-187
Title VI. Of Majority, Guardianship, Interdiction and Incapacita tion 188-192
 Sub-title I. Of Majority 188
 Sub-title I A. Of Guardianship 188A-188D
 Sub-title II. Of Interdiction and Incapacitation 189-192
Title VII. Of Abs entees 193-233
 Sub-title I. Of the Curatorship of Absentees 194-204
 Sub-title II. Of the Provisional Possession of the Property of an
Absentee 205-222
 Sub-title III. Of the Absolute Possession of the Property of an Absentee  223-2 28
 Sub-title IV . Of the Effects of Absence in regard to eventual Rights of
the Absentee 229-232
 Sub-title V . Of the Curatorship of Minor Children of Absentee 233
Title VIII. Of Acts of Civil Status 234-306
 Sub-title I. General Provisions 234-271
 Sub-title II. Of Acts of Birth 272-292A
 Sub-title III. Of Acts of Marriage 293-295
 Sub-title IV . Of Acts of Death 296-306
CIVIL CODE  [CAP. 16.   3
Articles
BOOK SECOND
OF THINGS
PART I
OF RIGHTS OVER THINGS
Title I. Of Things and their  Different Kinds 307-319
 Sub-title I. Of Immovable Property 308-311
 Sub-title II. Of Movable Property 312-319
Title II. Of Own ership 320-327
Title III. Of the Rights of Usuf ruct, Use and Habitation 328-399
 Sub-title I. Of Usufruct 328-388
   §I Of the Rights of the Usufructuary 332-348
   §II Of the Obligations of the Usufructuary 349-377
   §III Of the Manner in which Usufruct Terminates 378-388
 Sub-title II. Of Use and Habitation 389-399
Title IV . Of Praedia l Easements 400-488
General Provisions 400-401
 Sub-title I. Easements Created by Law 402-453
   §I Easements arising from the Situation of Property 403-406
   §II Of Walls and Ditches whic h separate Neighbouring
Tenements 407-433
   §III Of Distances required in  certain cases 434-444
   §IV Of Eavesdrop 445
   §V Of Right of Way and of Watercourse 446-453
 Sub-title II. Of Easements created by the Act of Man 454-488
   §I Of the Different Kinds of Easements which can be created
by Act of Man and of the manner in which suchEasements are Created 454-469
   §II Of the manner in which Easem ents are Exercised 470-478
   §III Of the manner in which Easements are Extinguished 479-488
Title V. Of Community o f Property 489-523
 Sub-title I. Of the Nature of the Community of Property and of the
Rights of the Co-owners du ring the Community 489-495A
 Sub-title II. Partition of Commo n Property 496-514
 Sub-title III. Of Sale by Licitation 515-523
Title VI. Of Pos session 524-559
 Sub-title I. Of the Nature of Possession 524-533
 Sub-title II. Of the Rights of the Possessor in case of Molestation 534-539
 Sub-title III. Of the Rights and Obligations  as between the Possessor and
the Owner 540-559
   §I Of the Fruits of the Thing possessed, of the Expenses
incurred in connection ther ewith and of the Right of
Retention 540-550
   §II Of the Obligations of the P o s s e s s o r  w i t h  r e g a r d  t o  t h e
Restoration of the Thing551-557
   §III Of the Particular Effects of the Possession of Movables 558-559
  4     [CAP. 16.           CIVIL CODE
Articles
PART II
OF THE MODES OF ACQUIRING AND 
TRANSMITTING PROPERTY AND OTHER RIGHTS 
OVER OR RELATI NG TO THINGS
General Provisions 560
Title I. Of Occupancy 561-565Title II. Of Accession 566-584
 Sub-title I. Of the Right of Accession to wh at is produced by the Thing 567
 Sub-title II. Of the Right of Accession in regard to Immovable Things 568-571
 Sub-title III. Of the Right of Accession in regard to Movable Things 572-584
Title III. Of Successions 585-958
General Provisions 585-587
 Sub-title I. Of Testate Successions 588-787
  §I Of Wills 588-595
  §II Of the Capacity of Disposin g or Receiving by Will 596-613
  §III Of the Property which may be  disposed of by Will 614-653
Of the Reserved Portion and Disherison 615-630
Of the Rights of the Surviving Spouse 631-639Of the Abatement of Testamentary Dispositions exceeding
the disposable Portion 647-653
   §IV Of the Form of Wills 654-682
Of Ordinary Wills 654-672
Of Privileged Wills 673-682
   §V Of the Institution of Heirs, of Legacies, and of the Right of
Accretion 683-748
Of the Institution of Heirs , and of Legacies 683-685
Of Persons and Things forming the subject of a Disposition 686-7 09
Of Conditional or Limited Dispositions 710-720Of the Effects of Legacies and o f the Payment thereof 721-736
Of the Right of Accretion 737-742
Of the Revocation and Lapse of Testamentary Dispositions 743-748
   §VI Of Substitution and of Entails 751-761
   §VII Of Testamentary Executors 762-778
   §VIII Of the Opening and Publication of Wills 779-780
   §IX Of the Revocation of Wills 781-787
 Sub-title II. Of Intestate Successions 788-816
General Provisions 788-795Of the Capacity to Succeed 796-799
Of Representation 801-807
   §I Of Succession by Descendants and the Surviving Spouse 808-811
   §II Of Succession by Ascendants and Collaterals 812-815
   §III Of the Rights of the Government 816
 Sub-title III. Provisions common to Testate  Successions and to Intestate
Successions 831-958K
   §I Of the Opening of Successions, of Continuance of
Possession in the person of the Heir, and of Prescriptionof certain Actions 831-845
   §II Of the Acceptance and Renuncia tion of an Inheritance 846-905
Of the Acceptance of a n Inherita nce 846-859
Of the Renunciation of an Inheritance 860-876
CIVIL CODE  [CAP. 16.   5
Articles
Of the Benefit of Inventory 877-902
Of Vacant Inher itance 903-905
   §III Of Partitio n 906-912
   §IV Of Collation 913-938
   §V Of the Payment of Debts 939-945
   §VI Of the Effects of Partition and of Warranty of Shares 946-952
   §VII Of Partitions made by the Father, the Mother, or other
Ascendants among their Descendants 953-958
   §VIII Of Cross-Border Successions 958A-958K
Title III A. Of Trusts and their effects 958L-958U
Title IV . Of Obligati ons in General 959-1235
 Sub-title I. Of Contracts 960-1011
   §I Of the Conditions Essen tial to the Validity o f Contracts 966-991
Of the Capacity of Contracting Parties 967-973Of Consent 974-981
Of the Subject-matter of Contracts 982-986
Of the Consideration of Contracts 987-991
   §II Of the Effects of Contracts 992-1001
   §III Of the Interpretation of Contracts 1002-1011
 Sub-title II. Of Quasi-contracts, Torts and Quasi-torts 1012-1051A
   §I Of Quasi-contracts 1012-1028B
   §II Of Torts and Quasi-torts 1029-1051A
 Sub-title III. Of the Various Kinds o f Obligations 1052-1124B
   §I Of Conditional Obligations 1052-1069
Of Conditions in general and of their Various Kinds 1052-1062
Of the Suspensive Condition 1 063-1065
Of the Resolutive Condition 1 066-1069
   §II Of Obligations with a  Limited Time 1070-1079
   §III Of Alternative and Potestative Obligations 1080-1088
   §IV Of Joint and Several Obligations 1089-1109
Of Joint and Several Creditors 1090-1093
Of Joint and Several Debtors 1094-1109
   §V Of Divisible and Indivisible Obligations 1110-1117
Of Divisible Oblig ations 1113-1114
Of Indivisible Ob ligations 1115-1117
   §VI Of Obligations with a P enalty Clause 1118-1124
  §VII Of Fiduciary Obligations 1124A-1124B
 Sub-title IV . Of the Effects of Obligations 1125-1144
 Sub-title V . Of the Modes of Extinction of Obligations 1145-1231
   §I Of Payment 1146-1178
Of Payment in general 1146-1163Of Payment with Subrogation 1164-1167
Of Appropriation of Payments 1168-1172
Of Tender of Payment and of Deposit 1173-1178
   §II Of Novation 1179-1189
   §III Of the Remission of Debts 1190-1195
   §IV Of Set-off 1196-1204
   §V Of Merger 1205-1206
   §VI Of the Loss of the Thing due 1207-1208
   §VII Of Rescission 1209-1231
 Sub-title VI. Of the Proof of Obligations and their Extinguishment 1232-1235
Title V. Of Marriage Contracts 1236-1345 Sub-title I. Of the Institutes of D owry and Dower * 1248
  6     [CAP. 16.           CIVIL CODE
Articles
 Sub-title III. Of the Community of Acquests * 1316-1333
 Sub-title IV . Of Paraphernal Property * 1334-1337
 Sub-title V . Of Community of Residue under Separate Administration * 1338-134 5
Title VI. Of Sale 1346-1484A
 Sub-title I . Of the Contract of Sale 1346-1364
 Sub-title II. Of the Persons who may Buy or Sell 1365-1369
 Sub-title III. Of the Things which may be Sold 1370-1377
 Sub-title IV . Of the Obligations of the Seller 1378-1432
   §I Of Delivery 1379-1407
   §II Of Warranty 1408-1432
Of Warranty of the Quiet Possession of the Thing sold 1409-1423
Of Warranty in respect of Latent  Defects of the Thing sold 1424- 1432
 Sub-title V . Of the Obligations of the Buyer 1433-1439
 Sub-title VI. Of the Dissolution and Rescission of Sales 1440-1468
Of Redemption 1441-1468
 Sub-title VII. Of the Assignment of Debts and other Rights 1469-1484A
Title VII. Of Exchange 1485-1493
Title VIII. Of Emphyteusis 1494-1524Title IX. Of Contracts of Letting and Hiring 1525-1643
General Provision 1525
 Sub-title I. Of the Letting of Things 1526-1622A
   §I Of the Rights and Obligations of the Lessor 1539-1553
   §II Of the Rights and Obligations of the Lessee 1554-1565
   §III Of the Dissolution of the Lease 1566-1576D
   §IV Of Special Rules as to Leases of Rural Tenements yielding
Fruits 1577-1589
   §V Of the Right of Preference in  the Lease of Things 1590-1612
   §VI Of Sub-lettin g 1613-1622A
 Sub-title II. Of the Letting of Work and Industry 1623-1643
   §I Of Carriers by Lan d or Water 1628-1632
   §II Of Contract of Works or locatio operis 1633-1643
Title X. Of Contracts of  Partnership 1644-1688
General Provisions 1644-1647
 Sub-title I. Of the Different Kinds of Partnership 1648-1652
 Sub-title II. Of the Obligations of Partners as between themselves 1653-1675
 Sub-title III. Of the Obligations of Partners towards Third Parties 1676-1678
 Sub-title IV . Of the Dissolution of  Partnership 1679-1688
Title XI. Of the Const itution of Annuities 1689-1712
 Sub-title I. Of Perpetual Annuities 1694-1701
 Sub-title II. Of Life Annuities 1702-1712
Title XI A. Of Life Insurance Contracts 1721A-
1712M
 Sub-title I. Contractual Issues 1712A-1712I
 Sub-title II. Issues relating to Marri ed Persons 1712J-1712K
 Sub-title III. Issues relating to Parental Authority 1712L
 Sub-title IV . Pledge of Insurance Policies 1712M
Title XII. Of Gaming and Betting 1713-1717A
Title XIII. Of Compromise 1718-1736Title XIV . Of Donation 1737-1823
General Provisions 1737-1742
 Sub-title I. Of the Capacity to dispose or receive by Donation 1743-1752
*Substituted by Act XXI of 1993.
CIVIL CODE  [CAP. 16.   7
Articles
 Sub-title II. Of the Form and Effects of Donations 1753-1784
 Sub-title III. Of the Exceptions to the Rule o f Irrevocability o f Donations 178 5-1792
 Sub-title IV . Of Donations in Contemplation of Marriage 1793-1803
 Sub-title V . Of Donations between Future Spouses or between Husband
and Wife, either by the Marriage Contract or during theMarriage 1804-1812
 Sub-title VI. Of the Reduction of Donations 1813-1823
Title XV . Of Loan for Use or Commodatum 1824-1838
Title XVI. Of Precarious Loan or Precarium 1839-1841
Title XVII. Of Loan for Consumption or Mutuum 1842-1855A
Title XVIII. Of Mandate 1856-1890
 Sub-title I. Of the Nature and Form of Mandate 1856-1872
 Sub-title II. Of the Obligations of the Mandatary 1873-1879
 Sub-title III. Of the Obligations of the Mandator 1880-1885
 Sub-title IV . Of the ways in which Mandate is Terminated 1886-1890
Title XIX. Of Deposit 1891-1924 Sub-title I. Of Deposit properly so called 1892-1921
   §I Of V oluntary Deposit 1896-1919
Of the Obligations of the Depositary 1899-1917Of the Obligations of the Depositor 1918-1919
   §II Of Necessary Deposit 1920-1921
 Sub-title II. Of Conventional Sequestration 1922-1924
Title XX. Of Suretyship 1925-1963
 Sub-title I. Of the Nature and Extent of Suretyship 1925-1932
 Sub-title II. Of the Effects of Suretyship 1934-1950
   §I Of the Effects of Suretyship as between Creditor and Surety 1934 -1941
   §II Of the Effects of Suretyship as b etween Debtor and Surety 1942-1 948
  §III Of the Effects of Suretyship as between Co-sureties 1949-1950
 Sub-title III. Of Legal and Judicial Suretyship 1951-1955
 Sub-title IV . Of the Extinguishment of Suretyship 1956-1963
Title XXI. Of Contracts of Pledge 1964-1986Title XXII. Of An tichresis 1987-1993
Title XXIII. Of Privileges  and of Hypo thecs 1994-2095
 Sub-title I. Of Privileges 1999-2010
   §I Of General Privileges 2003-2008
   §II Of Special Privileges 2009-2010
Of Privileges over particular Movables 2009Of Privileges over Immovables 2010
 Sub-title II. Of Hypothecs 2011-2028
   §I Of Legal Hypothec 2017-2022
   §II Of Judicial Hypothec 2023
   §III Of Conventional Hypothec 2024-2028
 Sub-title III. How Privileges and Hypothecs are Preserved 2029-2052
 Sub-title IV . Of the Renewal of Registrations 2053-2058
 Sub-title V . Of the Reduction and Cancellation of Registrations 2059-2068
 Sub-title VI. Of the Effect of Privileges and of Hypothecs against Third
Parties in Possession 2069-2083
 Sub-title VII. Of the Extinguishment of Privileges and Hypothecs 2084-2087
 Sub-title VIII. Of the Order of Priority of Privileges and Hypothecs 2088-2095
Title XXIII A. Of Trusts and  Obligations 2095A-2095E
 Sub-title I. Of Matrimonial Regimes 2095A-2095C
 Sub-title II. Of Annuities 2095D
  8     [CAP. 16.           CIVIL CODE
Articles
 Sub-title III. Of Security Trusts 2095E
Title XXIII B. Of Security b y Title Transfer 2095F-2095J
Title XXIV. Of the Benefit of S eparation of Estates 2096-2106
Title XXV . Of Prescription 2107-2160
General Provisions 2107-2117A
 Sub-title I. Of the Causes which Preven t Prescription 2118-2121
 Sub-title II. Of the Causes which Suspend Prescription 2122-2126
 Sub-title III. Of the Causes which Interrupt Prescription 2127-2136
 Sub-title IV . Of the Time Required for Prescription 2137-2160
   §I Of Prescription of Ten, Thirty and Forty Years 2140-2146
   §II Of Certain Particular P rescriptions 2147-2160
FIRST SCHEDULE
Part I Fees
Part II FormsPart III Particulars regarding co rrections of Acts of Civil Stat us
SECOND SCHEDULE
Title I OF LEGAL ORGANISATIONS 1-2
Sub-Title I  Preliminary and Definitions 1
Sub-Title II Of Foreign and In ternational Organisations 2
Title II OF LEGAL PERSONALITY 3-25
Sub-Title I Of Legal Persons 3-6
Sub-Title II Of Administrators 7-10
Sub-Title III Of the Registrar 11Sub-Title IV Of Registration of Organisations 12
Sub-Title V Of Unregistered Organisations  13-15
Sub-Title VI Of Responsibility of Pe rsons involved in Organisati ons 16-18
Sub-Title VII Of Liability of Organisations 19
Sub-Title VIII Miscellaneous  20-25
Title III OF FOUNDATIONS AND ASSOCIATIONS 26-56
Sub-Title I Preliminary  and Definitions 26-28
Sub-Title II Of Foundations 29-47
Sub-Title III Of Associations 48-56
Title IV OF WINDING UP OF ORGANISATIONS 57-67
THIRD SCHEDULE
CIVIL CODE  [CAP. 16.   9
Title. 1. The title of this Code is the Civil Code.
BOOK FIRST
OF PERSONS
PRELIMINARY
Persons.
Added by:
XIII.2007 .2. 1A.  (1) Persons may either be natural persons or legal persons.
(2) When used in any law the term "person" shall include both
natural persons as well as legal persons, unless the context
otherwise requires.
(3) Natural persons are regulat ed by Title I to Title VIII of
Book First of this Code.
(4) Legal persons are regulated b y the Second Schedule to this
Code.
(5) Legal persons enjoy all rights and powers pertaining to
natural persons except those ex cluded by their very nature, by their
constitutive act or by an express provision of law.
Title I
OF THE RIGHTS AND DUTIES ARISING FROM MARRIAGE
Sub-title 1
OF THE MUTUAL  RIGHTS AND DUTIES OF SPOUSES
Reciprocal duties 
of spouses.
Substituted by: XXI.1993
.3.2. (1) The Law promotes the unity and stability of the family.
(2) The spouses shall have equal rights and shall assume equal
responsibilities during marriage. They owe each other fidelity and
moral and material support.
Duty to contribute 
towards needs of 
the family. Amended by: 
XLVI.1973.2. 
Substituted by: XXI.1993
.3.3. Both spouses are bound, each i n proportion to his or her
means and of his or her ability to work whether in the home or
outside the home as the interest of the family requires, to mai ntain
each other and to contribute towards the needs of the family.
Matrimonial home.  
Added by:XXI.1993
.3.
Amended by:
IX.2004 .14.3A. (1) The matrimonial home shal l be established wher e the
spouses may by their common acco rd determine in accordance with
the need of both spouses and the overriding interest of the fam ily
itself.
(2) Where the matrimonial home is wholly or in part owned
or otherwise held under any title by one of the spouses, such s pouse
may only alienate by title inter vivos  his or her right over the
  10     [CAP. 16.           CIVIL CODE
matrimonial home:
(a) with the consent of the other spouse; or
(b) where such consent is unreasonably withheld, with the
authority of the competent court; or 
(c) in a judicial sale by auction at the instance of any
creditor of such spouse.
(3) The party who has not given his or her consent to a transfer ,
may bring an action for the annulment of a transfer which has n ot
been effected in accordance with sub-article (2) of this articl e,
within one year from the registration of the transfer. 
Duty of spouse 
towards children. 
Added by: 
XXI.1993 .3.
Amended by:
XIV .2011 .2.3B. (1) Marriage imposes on both spouses the obligation to
look after, maintain, instruct a nd educate the children of the
marriage taking into account the abilities, natural inclination s and
aspirations of the children.
(2) The obligation of the parents to provide maintenance
according to sub-article (1) also  includes the obligation to co ntinue
to provide adequate maintenance to children, according to their
means, and where it is not reasonably possible for the children , or
any of them, to maintain themselves adequately, who:
(a) are students who are participating in full-time
education, training or learni ng and are under the age of
twenty-three; or
Cap. 413. (b) have a disability, as defined in the Equal Opportunities
(Persons with Disability) Act, whether such disability
is physical or mental.
(3) The obligations provided in sub-article (1) also bind a
person acting in loco parentis  with regard to another person’s child,
by reason of the marriage of such person to a parent of that ch ild,
where the other parent of that child, shall have, at any time b efore
or during the marriage, died o r was declared as an absentee
according to Title VII  of Book First  of this Code,  or is unknow n:
Provided that the provisions of this sub-article shall be
without prejudice to the obligations of the natural parents of the
child and shall in any case be without prejudice to the provisi ons of
article 149.
Surname to be used 
by spouse and children of the 
family. 
Substituted by: XXI.1993
.3.
Amended by:
XVIII.2004 .3;
XIII.2007 .13;
XV.2012 .2;
L.N. 426 of 2012 ;
IX.2014 .11;
XI.2015 .18;
XII.2015 .2;
XXIII.2017. 29.4. (1) The spouses shall on marriage adopt the surname of the
husband after which the wife may add her maiden surname or thesurname of her p redeceased spouse:
Provided that for the purposes of this article "maiden surname"
shall include the surname of the  spouse at the time of marriage  even if
that surname was not the surname of that spouse at birth and th e spouse
may also elect to reta in the said surname.
(2) The wife may, instead, choose to retain her maiden surname
or the surname of her predeceased spouse after which she may ad d
her husband’s surname:
However in the case where a woman was married before the
CIVIL CODE  [CAP. 16.   
4th of February, 2005, she shall be able to re-adopt the surnam e of her
predeceased spouse provided that she submits Form S contained i n
Part II of the First Schedule to  this Code to the Public Regist ry Office,
which form shall contain a declar ation that she chooses to re-a dopt the
surname of her predeceased spouse.  Such declaration may not be made
after the lapse of one year from date of entry into force of th is
disposition and when it is delivered to the Public Registry Off ice, the
Director shall keep an index with  the predeceased spouse’s surn ame as
well as the surname of her last husband. This declaration made by
means of Form S shall be irrevocable and an annotation shall be  made
in all the acts of the civil status of such woman.
(3) The children of the marriage shall take the surname of their
father, after which there may be  added, in terms of article 292 A, the
maiden surname of the mother or the surname of her predeceasedhusband:
However in the case of children of the marriage born before
the 7th of August 2007, they may add their mother’s maiden surn ame
or the surname of her predeceased husband after their father’s
surname, provided that they subm it Form T contained in Part II of the
First Schedule to this Code, to the Public Registry Office, whi ch form
shall contain a declaration that in their social life they wish  to add and
make use of their mother’s maiden surname or the surname of herpredeceased husband after assuming their father’s surname since  birth.
Such declaration shall be accepted by the Director of the Publi c
Registry from the date of the coming into force of this proviso  and
when this form is delivered to the Public Registry Office, the Director
shall make an annotation of this declaration on every act of th e civil
status of the person making such declaration. This declaration made by
means of Form T shall be irrevocable.
Cap. 255.(4) Where the wife intends to retain her maiden surname after
marriage she shall, before marriage, so declare her intention w hen
applying for the publ ication of the banns in accordance with th e
Marriage Act and shall subscribe the appr opriate declaration in the
Act of Marriage. Such declar ation shall be irrevocable.
(5)*Sub-article (1) of this article shall apply to a wife who has
married prior to the 1st December, 1993, unless and until she
delivers or causes to be delivered  to the Public Registry Offic e, the
Form Q contained in Part II of the First Schedule to this Codeshowing that she is opting to r eassume her maiden surname. Such
note may not be made after the lapse of six months after the 1s t
December 1993, and when delivered to the Public Registry Office ,
the Director shall register the same in a book kept for the pur pose,
for which he shall keep an index under the wife’s maiden surnam e
and that of her husband.
Cap. 255.(6) Where a wife intends to  retain the surname of her
predeceased husband after remarria ge, she shall, before remarri age,
so declare her intention when applying for the publication of t he
banns in accordance with the Marriage Act  and in lieu of the
*This sub-article has been added  by virtue of the powers confer red on the Law
Revision Commission by the Statute Law Revision Act, 1980 . This sub-article
substantially reproduces sub-artic le (3) of article 89 of Act X XI of 1993.
  12     [CAP. 16.           CIVIL CODE
declaration in the Act of Marria ge referred to in sub-article ( 4) she
shall subscribe to a declaration, in Form R contained in Part I I of
the First Schedule to this Code and containing the particulars
therein indicated, such form shall be delivered to the Public
Registry together with the Act of Marriage and shall be signed by
the spouses and countersigned by all the other signatories in t he
Act of Marriage.
(7) The descendants including the adopted children of persons
who have submitted Form T referred to in sub-article (3) to the  Public
Registry Office may, by not later than one year following the c losing
date to submit Form T also sub mit to the Public Registry Office , Form
U contained in Part II of the Fir st Schedule to this Code, decl aring that
they wish to use the same surname as their ascendant’s was duly
annotated in his respective acts of the civil status by virtue of sub-
article (3). Upon receipt of such form the Director of the Publ ic
Registry shall make an annotation of this declaration on every act of
the civil status of the person ma king such declaration. This de claration
made by means of Form U shall be irrevocable.
(8) Where the children are under the age of eighteen the
declarations made by means of For m T and U shall be made by the
parents or, if both parents are deceased, by their  tutor or cur ator:
However, irrespective of whether the parents of the child
are still married or not, or whether they are divorced or separ ated,
one of the parents, or the child himself, if he is not a minor,  shall
have the right to make a declaration by means of Form T. This s hall
be notified to the other parent, at his last known address as
indicated on his identity card, who shall have five working day s
from notification to oppose this request if he is of the opinio n that
this would not be in the best interests of the child. If the ot her
parent does not oppose, the Director shall proceed with theregistration in the relative act.
(9) The wife of a person who has submitted a declaration made
by means of Form T and U, shall assume the husband’s surname as
duly annotated, if upon marriage she had chosen to assume herhusband’s surname.
Cap. 258.(10) A person in respect of whom a change in surname has been
annotated according to this article, shall report the fact to t he
authorised officer under the Identity Card and other Identity
Documents Act , who shall issue a new identification document that
indicates the surname in accordan ce to the annotation written i n the
relative act of birth. The expens es for the issue of the new le gally valid
identification document shall be borne by the person who change d the
surname.
Cap. 530. (11) Partners in a civil union contracted according to the Civil
Unions Act  may, when applying for the publication of banns
relating to the civil union elect to:
(a) adopt for both of them the surname of one of the
partners to the civil union or the surnames of both of
the partners in the orde r they chose for both; or
(b) retain their own surname:
CIVIL CODE  [CAP. 16.   
Provided that if no choice is expressed in accordance with
this sub-article the partners to a civil union shall retain the ir own
surnames.
(12) When applying for the regist ration of a marri age contracted
abroad between partners of the  same sex, the partners to the
marriage may elect to:
(a) adopt for both of them the surname of one of the
partners to the marriage or the surnames of both in the
order they choose for both; or
(b) retain their own surname:
Provided that if no choice is expressed in accordance with
this sub-article the partners to the marriage shall retain thei r own
surnames.
Act XXIII of 2017. (13) Spouses married after the coming into force of the Marriage
Act and other Laws (Amendment) Act, 2017*, may, when applying
for the publication of the banns, elect to:
(a) adopt for both of them the surname of either one of the
parties to the marriage; or
(b) adopt for both of them the surnames of both parties in
the order of their choice:
Provided that the combination of the spouses’
surnames shall not result in a surname which is longerthan the combination of four surnames:
Provided further that when the surname of any one or
both of the spouses already has a combination of two
or more surnames, the order of the surname of thatspouse shall be retained, and the spouses shall not
change such order and, or drop any part of their own
surname; or
(c) retain their own surname:
Provided that if no choice is expressed in accordance
with this sub-article, the spouses shall retain their own
surnames. 
(14) Without prejudice to the provisions of sub-article (13),
where the spouses choose to change their surnames in accordance
with sub-article (13)(a) or (b), such choice shall also become the
Family Name, w hich shall be included i n the Act of Marriage. 
(15) Without prejudice to the provisions of sub-article (13),
where the spouses choose to retain their surnames in accordance
with sub-article (13)(c), or where no choice is expressed, the
parties shall determine their Fa mily Name in accordance with th e
provisions of sub-article (13)(a) or (b), which shall be includ ed in
the Act of Marriage. 
*The provisions of Act XXIII of 2017 came into force on the 1st  of September,
2017. See Legal Notice 212 of 2017.
  14     [CAP. 16.           CIVIL CODE
(16) The Family Name chosen by the parties shall be the
surname which shall be adopted by any future children of the
parties. 
Act XXIII of 2017. (17) Sub-articles (13) to (16), both inclusive, shall apply onl y to
marriages contracted after the coming into force of the M arriage
Act and other Laws (Amendment) Act, 2017*.
Maintenance. 5. (1) In regard to maintenance, the spouse shall have a prior
right over the parents or other ascendants.
(2) Where both children and spouse claim maintenance, they
shall be in a position of equality.
(3) It shall not be lawful for either of the spouses to claim
maintenance from the children or  other descendants or from the
ascendants if such maintenance can be obtained from the other
spouse.
Cessation of duty 
to supply 
maintenance. 
Amended by: XLVI.1973.4.
Substituted by: 
XXI.1993
.4.6. The duty of one spouse to maintain the other shall cease if
the latter, having left the matrimonial home, without reasonabl e
cause refuses to return thereto.
Disagreement 
between the 
spouses.Added by:
XXI.1993
.4.
Amended by:IX.2004
.14.6A. (1) In case of any disagreemen t either spouse  may apply to
the competent court for its assi stance and the presiding judge,  after
hearing the spouses and if deemed opportune any of the childrenabove the age of fourteen years re siding with the spouses, shal l
seek to bring about an amicable settlement of such disagreement .
(2) Where such amicable settl ement is not attained and the
disagreement relates to the est ablishment or change of the
matrimonial home or to other ma tters of fundamental importance,
the presiding judge, if so requested expressly by the spouses
jointly, shall determine the matter himself by providing the so lution
which he deems most suitable in the interest of the family and
family life.
(3) No appeal shall in this case lie from the pronouncement of
the presiding judge.
Sub-title II
Amended by:  
XXI.1993 .5.OF THE MUTUAL RIGHTS AND DUTIES OF ASCENDANTS, 
DESCENDANTS AND BROTHERS
*The provisions of Act XXIII of 2017 came into force on the 1st  of September, 2017.
See Legal Notice 212 of 2017.
CIVIL CODE  [CAP. 16.   
Duties of parents 
towards children. 
Amended by:  
XXI.1993 .6.7. (1) Parents are bound to look after, maintain, instruct and
educate their children in the ma nner laid down in article 3B of  this
Code.
(2) In default of the parents, or where the parents do not
possess sufficient means, the liability for the maintenance and
education of the children devo lves on the other ascendants.
Duties of children 
towards parents.8. The children are bound to maintain their parents or other
ascendants, who are indigent.
Duties of spouses 
towards each other 
in the provision of maintenance.
Substituted by:  
XXI.1993
.7.9. A spouse shall not withhold his or her moral support to the
other in any obligation such other spouse may have towards his or
her descendants or ascendants.
When son-in-law is 
not liable towards 
father-in-law or mother-in-law.10. Repealed by: XXI.1993 .7.
Effect of death of 
spouse from whom affinity derived 
and of children of 
marriage creating affinity.11.Repealed by: XXI.1993 .7.
Order of liability. 
Amended by:  
XXI.1993 .8.12. Where, according to the foregoing provisions of this sub-
title, there are more persons liable for maintenance, such pers ons
shall be so liable in the following order:
(a) the children or descendants of the person claiming
maintenance, in the same o rder in which they would
according to law be vested w ith his or her succession;
(b) the parents;
(c) the other ascendants in the same order in which they
would according to law be vested with the succession
of the claimant.
Obligation
in solidum.13. (1) The obligation of such persons as according to the
order set forth in the last prec eding article are placed in the  same
degree of liability, s hall be a joint and several obligation.
Obligation 
in subsidium.(2) The persons, however, who according to such order, are
placed in a remoter degree shall have only a subsidiary liabili ty, if
those in a nearer degree are unab le to discharge their obligati on.
Power of court in 
urgent cases.(3) Nevertheless, it shall be l awful for the court, in urgent
cases, to condemn any of the per sons liable for maintenance, in
whatever degree, to supply maint enance, reserving to such perso n
the right to claim reimbursement from such other persons as,
according to the said order, were bound to supply suchmaintenance.
Where several 
persons claim maintenance. 
Amended by: 
XXI.1993
.9. 14. (1) Where several persons  claim maintenance from a
person who is unable to supply maintenance to all of them, theorder set forth in article 12 shall be observed in determining the
right of priority of such claimants.
(2) Nevertheless, it shall be law ful for the court to depart fro m
  16     [CAP. 16.           CIVIL CODE
the rule laid down in sub-articl e (1) of this article in cases of great
urgency, regard being had to the health, age or other circumsta nces
of the claimants.
Brothers and 
sisters.15. (1) The liability for maintenance shall extend to brothers
and sisters, of the full or half-blood, only in default of othe r
persons liable for maintenance.
(2) In any such case th e liability of brothers and sisters shall  be
joint and several.
(3) The persons mentioned in art icle 12 shall, in all cases, hav e
a prior claim over brothers and sisters, except in cases of gre at
urgency, regard being had to hea lth, age, or other circumstance s.
Liability for 
maintenance by 
reason of 
consanguinity or affinity. 
Amended by: 
XXI.1993
.10.16. (1) The liability for maintenance, by reason of
consanguinity, shall only exist as between the persons, and in the
cases mentioned in the  foregoing articles of this Sub-title.
(2) Such liability shall cease even  in regard to such persons, i f
the claimant shall have become  indigent through his fault:
Provided that this shall not apply where the claimant are the
parents, or other ascendant.
When claim for 
reimbursement of 
maintenance can 
be made.Amended by: 
XXI.1993
.11.17. (1) Where a brother or sister has received maintenance,
and, within ten years of the last supply thereof, becomes able to
repay the amount so received, he or she shall be bound to repay
such amount to the person supplyi ng the maintenance, provided t he
demand for reimbursement be made within the said time.
(2) In no other case, in the absence of an agreement to the
contrary, can a claim be made for reimbursement of the amount o f
maintenance supplied under th e provisions of this Code.
When liability for 
maintenance 
devolves upon heirs. 18. Repealed by: XXI.1993 .12.
Definition of 
maintenance. Amended by: 
XXI.1993
.13.19. (1) Maintenance shall include food, clothing, health and
habitation.
(2) In regard to children and other descendants, it shall also
include the expenses necessa ry for health and education.
Amount of 
maintenance.
Amended by:XIII.2004
.37.20. (1) Maintenance shall be due in proportion to the want of
the person claiming it and the m eans of the person liable there to.
(2) In examining whether the cl aimant can otherwise provide
for his own maintenance, regard shall also be had to his abilit y to
exercise some profe ssion, art, or trade.
(3) In estimating the means of the person bound to supply
maintenance, regard shall only be had to his earnings from the
exercise of any profe ssion, art, or trade, to his salary or pen sion
payable by the Government or any other person, and to the fruit s of
any movable or immovable property and any income accruing
under a trust.
(4) A person who cannot implement his obligation to supply
CIVIL CODE  [CAP. 16.   
maintenance otherwise than by taking the claimant into his hous e,
shall not be deemed to possess sufficient means to supply
maintenance, except where the claimant is an ascendant or a
descendant.
(5) In estimating the means of t he person claiming maintenance
regard shall also be had to the value of any movable or immovab le
property possessed by him as well as to any beneficial interest
under a trust.
When person 
supplying 
maintenance becomes unable to 
continue to do so.21. (1) Where the person supplying maintenance becomes
unable to continue to supply such maintenance, in whole or in p art,
he may demand that he be released from his obligation, or that the
amount of maintenance be red uced, as the case may be.
(2) The same shall apply where the indigence of the person
receiving maintenance sha ll cease, wholly  or in part.
Repayment of 
maintenance.22. (1) Where maintenance has be en furnished, no action will
lie for the repayment of such part thereof as may have been
furnished after the cessation of t he cause for which maintenanc e
was due.
(2) Nor can the person to whom maintenance was due claim
from the person liable, upon the latter becoming able to supplysuch maintenance, the amount th ereof in respect of the time dur ing
which the person liable for maintenance did not furnish it for want
of means.
Maintenance in 
kind.23. (1) The person bound to supply maintenance may not,
without just cause, be compelled to pay a maintenance allowance  if
he offers to take and maintain into his own house the personentitled to maintenance.
(2) Where maintenance is to be furnished out of the house of
the person liable thereto, he may, on good cause being shown,
supply such maintenance in kind instead of paying an allowance in
money.
Donee primarily 
liable for maintenance.
Amended by:  
XXI.1993
.14.24. It shall not be lawful for any person to claim maintenance
from any of the persons liable thereto by reason of consanguini ty, if
the claimant can, as donor, obt ain maintenance from the donee,
under the provisions of article 1773 of this Code.
Maintenance 
pendente lite .25. (1) Upon a claim for maintenance, it shall be lawful for
the court, pendente lite , to order the defendant to pay to the
plaintiff an interim allowance in such amount as is necessary f or
bare subsistence, provided the defendant be evidently one of th e
persons who, if possessed of suff icient means, would according to
law be liable to supply main tenance to the plaintiff.
(2) Where in any such case the claim for maintenance is
disallowed, the defendant shall be entitled to claim, from theplaintiff himself, or from the person bound to supply maintenan ce,
to such plaintiff, the reimbursement of any amount he may have
paid, together with  interest thereon.
  18     [CAP. 16.           CIVIL CODE
Son not entitled to 
assignment from 
parents, in 
contemplation of marriage, etc.26. Repealed by: XXI.1993 .15.
When obligation to 
supply maintenance 
ceases. 
Amended by: XXI.1993
.16.27. (1) The obligation of any person to supply maintenance to
another shall cease if the person in whose favour such obligati on is
established, shall contract marriage, notwithstanding the oppos ition
of the person liable as aforesai d, provided such opposition be made
on good grounds, and the demand from the release from suchobligation be made by the person objecting within the time of s ix
months following the celebration of the marriage.
(2) Such opposition shall only be operative if it is made by
means of a judicial act  to be served on each of the parties int ending
to contract the marriage, and fil ed in the registry of the civi l court,
in the island in which the person objecting, or either of the s aid
parties, resides.
Good grounds of 
opposition to 
marriage.Amended by: 
XLVI.1973.6.28. For the purposes of the last p receding article, the want of
the necessary means of subsisten ce, having regard to the positi on of
the party to whom the opposition refers, or the bad character o f the
other party, shall be deemed to be a good ground of opposition to
the proposed marriage.
Where marriage is 
contracted without 
previous 
publication of banns.
Amended by: 
XXI.1993
.17.29. Where the marriage has been celebrated with a total or
partial dispensation from the previous publication of banns, an d it
is not shown that the person subject to the obligation mentione d in
article 27, was aware of the pro posed marriage at least fifteen  days
prior to its celebration, it shall be lawful for such person, e ven in
default of the opposition referred to in that article, to deman d,
within the time of six months fo llowing the marriage, his relea se
from the said obligation on any of the grounds on which such
opposition would have been effectual.
Where marriage is 
celebrated without 
the rites and formalities 
preceding it.30.  Repealed by: XXI.1993 .18.
Where liability for 
maintenance 
ceases in regard to 
husband or wife or children of person 
related by 
consanguinity.Amended by:  
XLVI.1973.7.31. Repealed by: XXI.1993 .18.
Grounds on which 
parents may refuse 
maintenance to 
children.Amended by: 
XLVI.1973.8.
Substituted by: XXI.1993
.19.32. Besides the ground referred to in article 27, parents or
other ascendants may refuse maintenance to children or other
descendants on any of the grounds on which an ascendant may
disinherit a descendant.
CIVIL CODE  [CAP. 16.   
Where 
maintenance may 
be refused on 
grounds of grievous injury. 
Amended by: 
XXI.1993
.20;
XXIII.2017. 30.33. It shall be lawful for any person to refuse maintenance to a
brother or sister, on the ground of any grievous injury committ ed to
his detriment or to the detriment of his or her spouse or of an y other
relative up to the degree of uncle or aunt, and nephew or niece ,
inclusively.
Exception. 34. Nevertheless, in none of the cases referred to in the last
two preceding articles can maintenance be refused where the inj ury,
or other ground of refusal therein mentioned, has taken place v ery
long before the claim fo r maintenance is made.
Sub-title III
Substituted by:  
XXI.1993 .21.OF PERSONAL SEPARATION
Obligation of 
cohabitation to cease on 
separation. 
Amended by:XXI.1993
.22.35. (1) By personal separation pronounced by a judgment, or
authorised by a decree, of the co mpetent civil court, the oblig ation
of cohabitation of th e spouses shall cease for all civil effect s.
(2) Separation pronounced by any other court shall not produce
any civil effects.
How separation 
may be obtained. 
Amended by:  
XXI.1993 .23.36. Personal separation may not take place except on the
demand of one spouse against the other and on any of the ground s
stated in the following articles, or by mutual consent of the
spouses, as provided in article 59.
Personal 
separation. 
Amended by:XXI.1993
.24.
Substituted by:
XXXI.2002 .210.
Amended by:
XX.2005 .22;
L.N. 218 of 2012 ;
XIII.2018 .25.37. (1) All suits for personal separation shall be brought
before the appropriate section of the Civil Court as may be
established by regulations made by the Minister responsible forjustice:
Provided that prior to the commencement of proceedings, a
demand may be made for determining the amount of an allowance
for maintenance during the pendency of the proceedings and for the
issue of a decree ordering the payment of such allowance or ademand for the court to determine by decree who of the spouses,  if
any, shall during the pendency of the proceedings continue to
reside in the matrimonial home.
(2) The application containing the demand referred to in the
proviso to sub-article (1) shall  be duly appointed for hearing by the
court and shall be served on the  respondent together with the n otice
of such hearing:
Cap. 9.Provided that where domestic violence is involved, the said
application shall be appointed within four days and the court m ay,
of its own motion before or after hearing the parties, issue aprotection order under article 412C of the Criminal Code
 and, or a
treatment order under article 412D of the same Code and the
provisions of those articles shall mutatis mutandis  apply to an order
issued under this article as if it were an order issued under t he
corresponding article of the said Code:
  20     [CAP. 16.           CIVIL CODE
Cap. 581.Provided further that for the purposes of this article and of
article 39, "domestic violence"  shall have the same meaning
assigned to it by article 2 of the Gender Based Violence and
Domestic Violence Act .
(3) The court shall summarily hear the applicant and the
respondent and shall then, by decree, decide on the demand:
Provided that the court may decide on the demand where
the applicant or the respondent or both the applicant and therespondent fail to appear o n the day of the hearing.
Cap. 12.(4) The decree referred to in sub-article (3) shall be an
executive title deemed to be included amongst the decrees
mentioned in article 253( a) of the Code of Organization and Civil
Procedure  and shall be enforceable in the same manner and under
the same conditions in whic h such acts are executed.
(5) The decree referred to in sub-article (3) shall cease to be
enforceable if the action for separation is not instituted with in two
months of the date of the decree  or within such longer period a s the
court may in the same or i n a subsequent  decree allow.
Cap. 12. (6) The provisions of article 381 of the Code of Organization
and Civil Procedure  in pursuance of which a court of contentious
jurisdiction may make the order therein specified shall apply,mutatis mutandis , as if the court in that su b-article were a reference
to the appropriate section of the Civil Court before which the
demand referred to i n the proviso to sub-article (1) is made.
(7) The decree and the order mentioned in this article may be
only reviewed, altered or revoked upon an application made by t he
party seeking such review , alteration or revocation.
(8) Subject to the provisions of article 39 of the Constitution
,
regulations made under this article may provide for the hearing  of
causes in camera .
(9) The provisions of this article shall also apply in cases re lating
to maintenance, access, and, or care and custody of children, e ven
when the parents are not married.
Adultery.
Substituted by:  
XXI.1993 .25.38. Either of the spouses may demand separation on the ground
of adultery on the part  of the other spouse.
Protection and 
Treatment Orders in lawsuit for 
personal 
separation.Added by:
XX.2005
.23.
Amended by:XIII.2018.
25.
Cap. 9.39. Where a law suit for personal separation has been filed by
either spouse, or a law suit for access, and, or, care and cust ody of
children has been filed, even when the parents are not married,  and
evidence of acts of domestic vi olence has been produced, the co urt
may, either on an application of one of the parties or on its o wn
motion in order to protect the safety of the parties involved o r in
the best interests of the child or children or of any other min or
dependants of any of the spouses, issue a protection order unde r
article 412C of the Criminal Code  and, or a treatment order under
article 412D of the same Code and the provisions of those artic les
shall mutatis mutandis  apply to an order issued under this article as
if it were an order issued under the corresponding article of t he said
Code.
CIVIL CODE  [CAP. 16.   
Excesses, cruelty, 
etc.
Substituted by:  
XXX.1981 .2.40. Either of the spouses may demand separation on the
grounds of excesses, cruelty, thre ats or grievous injury on the  part
of the other against the plaintiff, or against any of his or he r
children, or on the ground that the spouses cannot reasonably b e
expected to live together as the marriage has irretrievably bro ken
down:
Provided that separation on the ground that the marriage
has irretrievably broken down may not be demanded before the
expiration of the period of four years from the date of the mar riage,
and provided further, that the court may pronounce separation o n
such ground notwithstanding that, whether previously to or afte r
the coming into for ce of this article*, none of the spouses had made
a demand on such ground.
Desertion.
Substituted by: 
XXI.1993 .26.41. Either of the spouses may also demand separation if, for
two years or more, he or she shall have been deserted by the ot her,
without good grounds.
Reconciliation. 
Amended by:
XXI.1993 .27.42. (1) The action for separation shall be extinguished by the
reconciliation of the spouses.
(2) Nevertheless, where a fresh  ground for separation arises,
the plaintiff may in support of his demand also allege the prev ious
grounds.
Death of either of 
the spouses.43. The death of either of the spo uses shall, except in the case
in which the judgment of separation may produce the effects
referred to in articles 48 to 52 inclusively, extinguish the ac tion of
separation, even though such deat h takes place after the demand .
Grounds on which 
both spouses may demand separation 
not to bar action by 
either of them.44. The existence of grounds on which both spouses may
demand separation shall not operate so as to bar either of them  from
bringing a suit for separ ation against the other.
Discretion of court 
where defendant 
also might have demanded 
separation.45. Nevertheless, where it appears that the defendant also had
grounds on which he or she might have demanded separation, the
court may take such grounds into consideration for the purposes  of
the provisions contained in article 52.
Matrimonial home 
pendente lite. 
Amended by: 
XLVI.1973.9. Substituted by:
XXI.1993
.28.46. During the pendency of the action for separation, either
spouse, whether plaintiff or defendant, may leave the matrimoni al
home and may, whether or not he or she has left the matrimonial
home demand that the court shall determine who of the spouses i f
any shall reside in the matrimonial home during the pendency of
such action.
Maintenance 
pendente lite.
Added by:
XXI.1993 .28.46A. During the pendency of the action for separation, either
spouse, whether plaintiff or defendant, may demand from the oth er
spouse a maintenance allowance in proportion to his or her need s
and the means of the other spous e, and taking into account also  all
other circumstances of the spouses.
*This article as substituted by Act XXX of 1981 came into force  on 31st July, 1981.
  22     [CAP. 16.           CIVIL CODE
Care of children. 
Substituted by:  
XLVI.1973.10; 
XXI.1993 .28.
Amended by:
XIII.2018 .25.47. During the pendency of the actio n the court shall give such
directions concerning the custo dy of the children as it may dee m
appropriate, and in so doing the paramount consideration shall be
the welfare of the children:
Provided that in cases where there is evidence of domestic
violence, the Court may limit or deny access to the children if  such
access would put the children or the other parent at risk.
Consequences for 
spouse giving 
cause to 
separation.Amended by:
XXI.1993
.29.48. (1) The spouse who shall have given cause to the
separation on any of the grounds referred to in articles 38 and  41,
shall forfeit -
(a) the rights established in articles 631, 633, 825, 826 and
827 of this Code;
(b) the things which he or she may have acquired from the
other spouse by a donation in contemplation ofmarriage, or during marriage, or under any other
gratuitous title;
(c) any right which he or she may have to one moiety of
the acquests which may have been made by theindustry chiefly of the other spouse after a date to be
established by the court as corresponding to the date
when the spouse is to be considered as having givensufficient cause to the separation. For the purposes of
this paragraph in order to determine whether an
acquest has been made by the industry chiefly of oneparty, regard shall be had to the contributions in any
form of both spouses in accordance with article 3 of
this Code;
(d) the right to compel, under any circumstances, the other
spouse to supply maintenance to him or her in virtue of
the obligation aris ing from marriage.
(2) The things mentioned in paragraph (b) of sub-article (1) of
this article shall revert to the  other spouse, and the acquests
mentioned in paragraph (c) of the said sub-article shall remain
entirely in favour of such spouse, saving any right which the
children or other third parties may have acquired thereon prior  to
the registration of the judgment of separation in the PublicRegistry.
Where wife gives 
cause to 
separation.
Amended by: XLVI.1973.11 .49. Repealed by: XXI.1993 .30.
Where husband 
gives cause to separation.
Amended by: 
LVIII.1975.2 .50. Repealed by: XXI.1993 .30.
Power of court in 
certain cases. 
Amended by:XXI.1993
.31.51. Where separation is granted on any of the grounds
mentioned in article 40, it may produce any of the effects
mentioned in article 48, if the court, having regard to thecircumstances of the case, deems it proper to apply the provisi ons
CIVIL CODE  [CAP. 16.   
of that article, in whole or in part.
Discretion of court 
in certain cases.Amended by: 
XXI.1993
.31.52. It shall also be in the discretion of the court to determine,
according to circumstan ces, whether the prov isions of article 4 8
shall be applied, wholly or in part, in regard to both spouses or to
one of them, or whether they shall not be applied at all in reg ard to
either of them, if both spouses  shall have been guilty of acts
constituting good grounds for separation.
Preservation of 
rights or benefits 
by spouse 
obtaining separation.53. The spouse who has obtained separation shall retain every
right or benefit which he or she may have acquired from the oth er
spouse, even though such right o r benefit may have been granted  to
him or her on condition of reciprocity, and such reciprocity do es
not take place.
Obligation for 
maintenance.Substituted by: 
XXI.1993
.32.
Amended by:XIV.2011
.3.54. (1) The spouse against whom the separation is pronounced
shall not, as a result of such s eparation, be relieved from the
obligation of supplying maintenance to the other spouse, where,
according to the provisions of S ub-title I of this Title, such
maintenance is due.
(2) The amount of maintenance re f e r r e d  t o  i n  s u b - a r t i c l e  ( 1 ) ,
and the maintenance due to child ren in the event of separation,
shall be determined having regard to the means of the spouses, their
ability to work and their needs, a nd regard shall also be had t o all
the other circumstances of the spouses and of the children,including the following:
(a) the needs of the children, after considering all their
circumstances;
Cap. 413. (b) any disability, as defined in the Equal Opportunities
(Persons with Disability) Act, whether such disability
is physical or mental;
(c) circumstances of illness which are of such seriousness
and gravity as to compromise the ability of the spouses
or of the children to maintain themselves;
(d) whether the ability of the party to whom maintenance
is due to have earnings of whatever nature wasdiminished by reason of that party having, during the
marriage, taken care of the  household, the other party
and the upbringing of the c hildren of the marriage;
Cap. 318.(e) every income or benefit which the spouses, or any of
them, receive according to law, other than socialassistance that is not contributory which is paid to
them under the Social Security Act:
Cap. 318.Provided that for the purposes of this paragraph the
disability pension payable in terms of article 27 of theSocial Security Act shall be  taken into co nsideration;
(f) the accommodation requireme nts of the spouses and of
the children;
(g) the amount which would have been due to each of the
parties as a benefit, including, but not limited to, a benefitunder a pension scheme, which by reason of the
separation, that party will forfeit the opportunity or
possibility of acquiring.
  24     [CAP. 16.           CIVIL CODE
Cap. 12. (3) The provisions of article 381(2) of the Code of
Organisation and Civil Procedure shall apply mutatis mutandis
provided that the said article shall be construed to mean that,  even
where no demand is made by a party to whom maintenance is due,either for that party or for the children, for the application of the
provisions of that article, the court may apply the said articl e out of
its own motion.
(4) In granting maintenance, the court may also provide for the
manner in which the same ma y increase from time to time.
(5) Notwithstanding any other provision of this Code, on
separation being pronounced, the court may if it deems itappropriate in the circumstances , order the spouse liable to su pply
maintenance to pay to the other spouse, in lieu of the whole or  part
of such maintenance, a lump sum, which the court deems sufficie nt
in order to make the spouse to whom maintenance is due financia lly
independent or less dependent of the other spouse, as the case may
be.
(6) For the purposes of sub-article (5), the court shall, among
the circumstances, consider the possibility of the person to wh om
maintenance is due, of receiving training or retraining in a
profession, art, trade or other activity or to commence or cont inue
an activity which generates an i ncome, and order the lump sum f or
that purpose.
(7) The court may direct, according to circumstances, that the
payment of a lump sum referred to in the previous sub-articles of
this article, be made by equal or unequal instalments spread ov er a
reasonable period of time.
(8) The court may also direct that in lieu of all or part of the
lump sum referred to in sub-article (5), the spouse liable ther eto
shall assign to the other spouse property in ownership or in
usufruct, use or habitation.
(9) Where there is a supervening change in the means of the
spouse liable to supply maintenanc e or the needs of the other
spouse, the court may, on the demand of either spouse, order th at
such maintenance be varied or stopped as the case may be. Where
however, a lump sum or an assignment of property has been paid or
made in total satisfaction of the obligation of a spouse to sup ply
maintenance to the other spouse, all liability of the former to
supply maintenance to the latter shall cease. Where instead, th e
lump sum or assignment of property has been paid or made only i n
partial satisfaction of the said obligation, the court shall, w hen
ordering such lump sum payment or assignment of property,determine at the same time the p ortion of the maintenance satis fied
thereby and any supervening change shall in that case be only i n
respect of the part not so satisfied and in the same proportionthereto.
CIVIL CODE  [CAP. 16.   
Cessation of 
community of 
acquests and 
community of residue under 
separate 
administration. Substituted by:  
XXI.1993
.32.
Amended by:XIV.2011
.4.55. (1) The court may, at any time during the cause for
separation, upon the demand of any of the spouses, order the
cessation of the community of acquests or of the community of
residue under separate administration existing between the spou ses.
(2) The order for the cessation of the community as provided in
sub-article (1) shall be given by means of a judgement from whi ch
every party shall have a right of appeal, without requiring
permission from the court for this purpose.
(3) The order of cessation shall have effect between the
spouses from the date of the judgement on appeal or, if no appe al is
entered, from the date when the time allowed for the appeal lap ses,
and it shall remain valid even if the cause for separation is
discontinued.
(4) Prior to ordering the cessation of the community as
provided in this article, the court shall consider whether any of the
parties shall suffer a disproportionate prejudice by reason of the
cessation of the community befor e the judgement of separation.
(5) The order of cessation under th is article shall, at the expe nse of
the party who demanded such cessation, be notified to the Direc tor of
Public Registry and it shall hav e effect as if the cessation of  the
community of acquests or of the community of residue under sepa rate
administration were made by public deed.
(6) Unless the court, in its dis cretion, upon the demand of one of
the parties, shall have ordered the cessation of the community of
acquests or of the community of residue under separate administ ration
existing between the parties at the time of commencement of the  cause
for separation, on separation be ing pronounced, the court shall  direct
that the community of acquests or the community of residue unde r
separate administration shall ce ase as from the day on which th e
judgement becomes res judicata.
(7) The court may however where in its opinion circumstances
so warrant direct that an asse t or assets comprised in the
community be not partitioned before the lapse of such period af ter
the cessation of the community as it may in its direction deter mine.
(8) Any direction given by the court in virtue of sub-article (7 ),
may on good cause being shown, be changed or revoked by the
court.
Matrimonial home.
Added by:
XXI.1993 .32.
Amended by:XIV.2011
.5.55A. (1) In pronouncing the judgement of separation, the court
shall on the demand of either of the parties, order, according to
circumstances:
(a) that any one of the parties shall be entitled to reside in
the matrimonial home, to the exclusion of the other
party, for the period and under those conditions as it
considers appropriate; or
(b) that the matrimonial home is to be sold, where it is
satisfied that the parties and their children shall haveadequate alternative accommodation, and that the
proceeds of the sale shall be assigned to the parties as
  26     [CAP. 16.           CIVIL CODE
it considers appropriate; or
(c) where the matrimonial home belongs to both parties,
to assign the matrimonial home to any one of the
parties, which party shall compensate the other partyfor the financial loss suffered:
Provided that, in every case, the court shall consider the
following:
(a) the best interest of the minor children, including the
impact that there may be on the minor children if the
court were to grant a demand made according to this
article;
(b) the welfare of the parties and of the children; and
(c) whether the parties have, or, whether their means and
abilities permit them to ha ve, another place where to
reside.
(2) The court may, upon a demand of either party, vary a decisio n
taken by it under sub-article (1)( a), where there is a substantial change
in circumstances.
(3) The provisions of article 3A(2) shall not apply in the case
of spouses who are legally separ ated, unless the contrary is no t
agreed to between the spouses or is ordered by the court having
jurisdiction to pronounce the personal separation; and such
agreement or order shall only be  effective in regard to third p arties
as from the date when the deed o r order is registered in the Pu blic
Registry.
Custody of the 
children after 
separation.Substituted by: 
XXI.1993
.32.
Amended by:XIV .2011
.6.56. (1) On separation being pronounced the court shall also
direct to which of the spouses c ustody of the children shall be
entrusted, the paramount consideration being the welfare of thechildren.
(2) It shall be lawful for the c ourt, if it considers such measu res
to be strictly necessary, having r egard to all relevant circums tances,
to direct that the children be placed in the custody of persons  in loco
parentis , of third parties, or in a lternative forms of care.
(3) It shall be lawful for the co urt to give any such directions  in
the judgment of separation, altho ugh in the action relating the reto
no demand has been made respectin g the custody of the children.
(4) The court may, at any time, revoke or vary such directions
respecting the children, where th e interests of the children so
require.
(5) The court may moreover where circumstances so require,
determine that one or both of the parents shall be deprived who lly
or in part of the rights of parental authority.
Exclusion of 
custody.Added by:
XIV .2011
.7.
Substituted by:XIII.2018
.25.56A.  The Court may, for grave reasons, at any time during the
cause for separation, and or, div orce, or when the parties are
separated and, or divorced, upon the demand of one of the parti es,
or of its own motion declare that the other party is not fit to  have
the custody of the minor children of the parties, and where the
CIVIL CODE  [CAP. 16.   
Court issues such a declaration,  the party so declared, upon th e
death of the other party, shall not be entitled to assume the c ustody
of the minor children without t he authorisati on of the Court:
Provided that evidence of domestic violence shall constitute
a grave reason for the p urposes of this article.
Right of spouses to 
watch over 
maintenance of children.
Amended by:
XXI.1993
.33;
XIV.2011 .8.
XIII.2018 .25.57. (1) Whosoever may be the person to whom the minor
children are entrusted, the spouses shall maintain their right to watch
over their maintenance and educa tion, and shall still be bound to
contribute thereto, according to law:
Provided that this right may be suspended if the exercise
thereof would put either the children or the other parent at a risk of
harm.
(2) It shall be in the discreti on of the court, according to
circumstances, to fix the time, place, and manner in which the
spouses shall have acc ess to the children:
Provided that the right of access may be withdrawn by the
Court when the spouse who is gra nted such right of access fails  to
exercise such right without reasonable cause.
(3) It shall be lawful for the court entirely to forbid such acc ess
to their minor children if it may be detrimental to the welfare  of such
minors or to the welfare of anyone of the parents.
Power of court to 
suspend action of 
separation.58. (1) The court may , where it shall deem it expedient so to
do in the interest of the spouses and the children, order the
suspension of the action of separ ation for such time as it may deem
proper, and give such interim directions as circumstances may
require.
(2) The decree ordering the suspension of the action, or giving
such interim directions, s hall be subject to appeal.
Separation by 
mutual consent.
Amended by:XXI.1993
.34.
Substituted by:
VIII.2007 .3.59. (1) Personal separation may, subject to the authority of the
court by means of a decree in accordance with article 35, be
effected by mutual consent of the spouses, by means of a publicdeed.
(2) The court shall, before giving its authority, admonish the
parties as to the cons equences of the separation, shall endeavo ur to
reconcile them, and may revoke, modify or add those conditions it may
deem fit.
(3) This decree shall have the  same effect of the judgment
given by the competent court.
Directions as to the 
custody of the 
children.Amended by:
XXX
.3.60. (1) The court, on authorizing the separation, shall in the
decree give its directions as to  the person in whose custody th e
children are to be placed.
(2) It shall be lawful for the court at any time to revoke or va ry
such directions, for the bett er welfare of the children.
Renunciation of 
inheritance.(3) Notwithstanding the provisions of any other law, it shall be
lawful for either of the spouses to renounce in a public deed o f
  28     [CAP. 16.           CIVIL CODE
separation to the succession of the other spouse.
Agreement 
between spouses respecting the 
custody of the 
children.Amended by:
XLVI.1973.13.61. (1) Any agreement between the  spouses respecting the
custody of the children  may at any time, on the demand of eithe r of
the spouses, or of any relative of either of the spouses, be an nulled
by the competent court, where the interests of the children so
require.
(2) In any such case, the court shall give the necessary
directions as to the person in whose custody the children are t o be
placed, and as to the mode of their mainte nance and education.
Surname of spouse 
after separation. 
Substituted by:
XXI.1993 .35.
Amended by:
XV.2012 .3;
XXIII.2017. 31.62. (1) Notwithstanding the provisions of sub-article (4) of
article 4 of this Code, the wife may, on separation, choose to revert
to her maiden surname or to the surname of her predeceased
husband. In the case of a consen sual separation, a declaration of
such choice shall be made in the public deed of separation, and  in
the case of a judicial separation, by a note filed in the recor ds of the
case before fin al judgment.
(2) The court may also, at the request of the husband which
may be made at any time before judgment, prohibit the wife fromcontinuing to use the husband’s surname after separation, where
such use may cause grave prejudice to the husband.
(3) Upon separation, spouses who have contracted marriage after
the coming into force of the Marriage Act and other Laws
(Amendment) Act, 2017* may choose to revert to their surname at
birth or to the surname of  the predeceased spouse. 
(4) In the case of a consensual separation, a declaration of su ch
choice shall be made in the public deed of separation, and in t he
case of a judicial separation, b y a note filed in the records o f the
case before fin al judgment. 
(5) The Court may also, at the request of any one of the spouse s
which may be made at any time before judgment, prohibit the oth er
spouse from continuing to use the surname of the other spouse a fter
separation, where such use may cause grave prejudice to the spo use
making the request.
Effects of 
separation in regard to third 
parties. 
Added by: XXI.1993
.35.
Amended by:
XXIII.2017. 32.62A.  Personal separation shall only be operative in regard to
third parties from the day on which the judgment or the publicdeed, as the case may be, shall have been registered in the Pub lic
Registry. Any such registration shall include a reference to an y
declaration or prohibition with regard to the surname of the sp ouses
after the judgment.
Parties may put an 
end to separation.63. The spouses separated whether  by a judgment or by mutual
consent may at any time reunite, and thus put an end to the eff ects
of separation, wholly or in part, saving any right which third parties
may have acquired.
*The provisions of Act XXIII of 2017 came into force on the 1st  of September,
2017. See Legal Notice 212 of 2017.
CIVIL CODE  [CAP. 16.   
V oluntary 
cohabitation to 
operate as a 
reunion.Amended by:  
XXI.1993
.36.64. (1) V oluntary cohabitation shal l operate as a reunion, and
shall restore the obligations of cohabitation and of maintenanc e
arising from marriage. 
Other effects of 
separation may 
cease by public 
deed.(2) Any other effect of the separation, however, shall not cease
except in virtue of a public deed.
Deed may take 
place after return to 
cohabitation.65. Any such deed may take place even after the spouses shall
have returned to cohabitation, but, in any such case, the deed shall
be void if it is not made with  the authority of the court.
When effects of 
separation cease in regard to third 
parties.66. In all cases, the effects of the  separation shall not cease in
regard to third parties, except from the day on which the deed is
registered in the Public Registry.
Added by:
XIV.2011 .9.Sub-title IV
OF DIVORCE
Divorce.
Added by:
XIV.2011 .9.66A. (1) Each of the spouses shall have the right to demand
divorce or dissolution of the marriage as provided in this Sub- Title.
It shall not be required that, prior to the demand of divorce, the
spouses shall be separated from each other by means of a contra ct
or of a judgement.
(2) The divorce or dissolution of the marriage shall be granted
by virtue of a judgement of the competent civil court, upon the
demand of one or the other of the spouses, or by a decree of th e
same court where the spouses sha ll have agreed that their marri age
should be dissolved.
(3) All demands for divorce sh all be brought before the
appropriate section of the civil court as established by regula tions
made by the Minister responsible for justice, and the provision s of
article 37 shall apply mutatis mutandis . The decrees and
judgements of divorce shall be pronounced in open court.
( 4 ) T h e  c o u r t  s h a l l ,  i n  t h e  d ecree or judgement of divorce,
order the Registrar of Courts to notify the divorce of the part ies to
the Director of Public Registry within the period allowed for t his
purpose by the same court, so that the same shall be registered  in
the Public Registry.
Conditions 
required for 
divorce.Added by:
XIV.2011
.9.66B.* Without prejudice to the following provisions of this
article, divorce shall not be granted except upon a demand made
jointly by the two spouses or by one of them against the otherspouse, and unless the Co urt is satisfied that:
(a) on the date of commencement of the divorce
proceedings, the spouses shall have lived apart for a
period of, or periods that amo unt to, at least four years
out of the immediately preced ing five years, or at least
four years have lapsed from the date of legal
  30     [CAP. 16.           CIVIL CODE
separation; and
(b) t h e r e  i s  n o  r e a s o n a b l e  p rospect of reconciliation
between the spouses; and
(c) the spouses and all of their children are receiving
adequate maintenance, where this is due, according totheir particular circumstances, as provided in article
57:
Provided that the spouses may, at any time, renounce their
right to maintenance:
Provided further that for pu rposes of this paragraph,
maintenance ordered by the court by a judgement of separation o r
agreed to between the spouses in a contract of separation, shal l be
deemed to be adequate maintenance:
Provided further that a di vorce pronounced between
spouses who were separated by a contract or by a judgement shal l
not bring about any change in what was ordered or agreed to
between them, except for the eff ects of divorce resulting from the
law.
Pronouncement of 
divorce.
Added by:
XIV .2011 .9.66C.  After the court considers the requirements of article 66B
to have been satisfied, the cour t shall hear and decide on the
demands made by the parties as p rovided in this Sub-Title and i t
shall proceed to pr onounce the divor ce of the parties.
Divorce granted 
upon the 
application of one of the spouses.
Added by:
XIV .2011
.9.66D. (1) Without prejudice to the other provisions of this Sub-
Title, where an application for divorce is made by one of the
spouses, it shall not be necessary for the spouse making the de mand
to impute to the other party any fault leading to the making of  such
demand.
(2) Where the spouses are already separated by means of a
contract or a court j udgement, the spouse making the demand for
divorce may only demand the dissolution of the marriage. Theother party may contest the demand either by proving that the t ime
period provided in article 66B( a) has not yet lapsed or by proving
that the spouse demanding the divorce has not paid maintenancethat was due as ordered by the court or agreed to in the separa tion
contract and that, if the demand for divorce were to be accepte d, it
would be more difficult for the said other party to obtain thepayment of maintenance. The court shall not grant the demand fo r
divorce where any of the said de fences are shown to be valid.
*Article 12 of Act XIV of 2011:
"12. A bill for an Act of Parliament amending, deleting or subst ituting the
provisions of paragraphs ( a), (b) and ( c) of article 66B as provided in clause 9 of this
Act shall not be presented to th e President for his assent unle ss, not less than three nor
more than six months after its p assage through the House, it ha s been submitted to the
electors qualified to vote for the election of members of the H ouse of Representatives
and the majority of electors voting have approved the bill:
Provided that it shall not be requ ired to submit the bill to th e electors qualified to
vote for the election of members of the House of Representative s after its passage
through the House as provided in  this article, if not less than  three months and not
more than six months after the p ublication of the Bill in the G overnment Gazette after
the approval of its First Readi ng in the House of Representativ es, the bill was
submitted to the electors qualif ied to vote for the election of  members of the House of
Representatives and the majority  of electors voting have approv ed the bill.".
CIVIL CODE  [CAP. 16.   
(3) Where the spouses are not separated by means of a contract
or a court judgement, the spouse making the demand for divorce
may, together with the same demand, make all those demands thatare permissible in a cause for separation in accordance with Su b-
Title III of this Title. The cour t shall hear and determine the se
demands as provided in the said provisions mutatis mutandis . The
other party may, in addition to the defences mentioned in previ ous
sub-article, put forward all thos e defences which that party wo uld
have been entitled to make in a cause for  separation.
(4) Where the spouses are not separated by means of a contract
or a court judgement, the Court shall have mutatis mutandis  all the
powers granted to it under Sub-Title III of this Title with reg ard to
orders which it is entitled to give pendente lite .
(5) Notwithstanding the other provisions of this article and
only where the communi ty of acquests or the community of residu e
under separate administration sh all have ceased, the parties sh all
have a right, in any case, if th ey both agree, to divorce witho ut
liquidating the assets which they hold in common.
Consequences of 
fault of spouse.
Added by:XIV.2011
.9.66E.  Without prejudice to the other provisions of this Sub-Title,
where the court, on the demand of one of the parties, finds the  other
party responsible for causing the breakdown of the marriage for  the
reasons provided in articles 38,  40 and 41, the court may apply
mutatis mutandis the provisions of articl e 48 against that party.
Conversion of 
separation 
proceedings into 
divorce proceedings.
Added by:
XIV.2011
.9.66F.  (1) Each party in a cause for  separation may, at any time
during the cause, but not after the cause has been adjourned fo r
judgement, demand, by means of an application, that the demand
for separation made in that cause be instead considered as ademand for the pronouncement of divorce. When such a claim is
made, the court shall hear the parties in order to verify that the
conditions stipulated in article 66B for the filing of a demand  for
divorce are satisfied. The court shall decide upon the said cla im in
a judgement given in open court which shall not be subject to
appeal except together with the final judgement.
(2) Any witnesses declared and documents presented with the
cause for separation shall apply mutatis mutandis  when the said
cause is converted into divorce proceedings. This without preju dice
to the possibility that either p arty may produce further docume nts
and witnesses during the divorce proceedings which are related to
the demand for divorce.
(3) Where neither party elects to proceed as provided in sub-
article (1) and where a demand for separation has already been
made in accordance with Sub-Title III of this Title and at leas t one
of the parties, after the making of that demand, makes a demand  for
divorce, the demands for separation and for divorce shall, in a ny
case, be heard and decided together by the same court in such a
manner that the connection of causes shall be applied by the co urt
without the necessity of an y demand by the parties.
(4) Either party, upon making a demand for divorce, shall
declare on oath whether either t hat party or the other party ha ve
already made a demand for separation under Sub-Title III of thi s
  32     [CAP. 16.           CIVIL CODE
Title.
Duties of 
applicant’s advocate.
Added by:
XIV .2011
.9.66G . (1) The advocate assisting the applicant shall, before
commencing proceedings accordin g to article 66B, where the
spouses are not separated by means of a contract or a court
judgement:
(a) discuss the possibility of reconciliation with the
applicant and give the applicant the names and
addresses of persons qualifie d to offer assistance in the
process of reconciliation between spouses; and
(b) ensure that the applicant is aware of the option of
personal separation as an alternative to divorce.
(2) The application for th e commencement of divorce
proceedings shall:
(a) where the spouses are not separated by means of a
contract or a court judgement, be accompanied by a
note in which the advocate confirms that he has
observed the requirement s of sub-article (1); or
(b) where the spouses are separated by means of a court
judgement, be accompanie d by a legal copy of the
judgement of separation or , where the spouses are
separated by means of a c ontract, be accompanied by a
legal copy of the contract of consensual separationwhich shows that the applicant and the other party
have been legally separated  for at least four years:
Provided that where the advo cate assisting a client in a
cause for divorce shall not have presented the said note, the c opy of
the judgement of separation or  of the contract of consensual
separation, as the case may be, the advocate shall present thes e
documents not later than, or du ring, the first sitting in the c ause:
Provided further that, for purposes of this article, "the
applicant" means a person who makes an application, who is
preparing an application or who intends making an application t o
the court in order t o obtain a divorce.
Duties of 
respondent’s advocate.
Added by:
XIV .2011
.9.66H. (1) The advocate assisting the respondent shall, without
delay after receiving instructions from the respondent about th e
case, where the spouses are not s eparated by means of a contrac t or
a court judgement, discuss the possibility of reconciliation wi th the
respondent and give the respondent the names and addresses ofpersons qualified to offer assistance in the process of reconci liation
between spouses.
(2) Where the spouses are not separated by means of a contract
or a court judgement, the respondent’s reply to the application  for
divorce shall be accompanied by a note in which the advocate
confirms that he has observed th e requirements of sub-article ( 1):
Provided that where the advo cate assisting a client in a
cause for divorce shall not have presented the said note, the
advocate shall present that note not later than, or during, the  first
sitting in the cause.
CIVIL CODE  [CAP. 16.   
Powers of the 
court.
Added by:
XIV.2011 .9.66I. (1) Where a demand for divorce is made to the competent
civil court by either of the spouses, or by both spouses after having
agreed that their marriage is to  be dissolved, a nd where the sp ouses
are not separated by means of a  contract or a co urt judgement,
before granting leave to the spouses to proceed for divorce, th e
court shall summon the parties t o appear before a mediator, eit her
appointed by it or with the mutual consent of the parties, and this
for the purpose of attempting re conciliation between the spouse s,
and where that reconciliation is not achieved, and where the
spouses have not already agreed o n the terms of the divorce, fo r the
purpose of enabling the parties to conclude the divorce on the basis
of an agreement. The said agreement shall be made on some or al l
or of the following terms:
(a) the care and the custody of the children;
(b) the access of the two p arties to the children;
(c) the maintenance of the spouses or of one of them and
of each child;
(d) residence in the m atrimonial home;
(e) the division of the community of acquests or the
community of residue under separate administration.
(2) Where a demand for divorce is made to the competent civil
court by either of the spouses, or by both spouses after having
agreed that their marriage is to  be dissolved, also where the s pouses
are separated by means of a contract or a court judgement, the court
may, where it considers it necessary to do so, either on its ow n
initiative or upon the request of the mediator or of one of thespouses:
(a) appoint a children’s advocate to represent the interests
of the minor children of the parties, or of any of them;
and
(b) hear the minor children of the parties, or any of them,
where it considers it to be in their best interest to doso:
Provided that in any divorc e proceedings before the
competent civil court as referred to in this article, the court  may
order the parties to present information about the payment of
children’s maintenance.
(3) The court may, in the judge ment accepting the demand for
divorce, and upon a demand of that party to whom, during thehearing of the cause, maintenance was due for the party or for the
children, from the other party, order that the payment of
maintenance from the other party be safeguarded by means of anappropriate and reasonable guar antee, in accordance with the
circumstances of the parties. That guarantee shall not be of an
amount exceeding the amount of maintenance for five years. The
court shall grant the said order  only where, from the evidence in the
cause, it results that during the hearing or prior to the
commencement of the cause, the pa rty from whom the guarantee is
demanded was in default in its o bligation to pay maintenance, o r
where there are serious objectiv e circumstances which demonstra te
  34     [CAP. 16.           CIVIL CODE
the necessity of the said guarant ee. A demand as provided for i n
this sub-article may also be made at any time after the said
judgement, when maintenance is due.
Powers of the 
Minister.
Added by:XIV .2011
.9.66J. (1) The Minister may make regulations establishing a
register of persons qualified to assist the parties involved in  the
process of reconciliation.
(2) The Minister may make regulations to establish the
procedure related to the mediation between the parties as provi ded
in this Sub-Title.
Inadmissible 
evidence.
Added by:
XIV .2011 .9.66K.  Any verbal or written communication made between the
spouses or made by a third party in the course of an attempt at
reconciliation or for the purpose of an agreement being reached
between the spouses on some or all the terms mentioned in artic le
66I(1), or any reference thereto, shall not be admissible as ev idence
during divorce proceedings.
Effects of 
dissolution of 
marriage.
Added by:XIV .2011
.9.66L. (1) When the competent civil court pronounces a divorce
between the spouses, they shall have the right to remarry.
(2) The pronouncement of divorce shall have no effect upon the
rights and obligations of the parties as parents in respect of their
children or upon any agreement reached between the parties in
respect of the custody of their children, without prejudice to the
provisions of article 56A.
(3) The pronouncement of divorce shall have no effect upon the
rights of third parties arising out of any agreement or obligat ion
already concluded, or still to be concluded, by the divorced pa rties.
(4) The pronouncement of divorce as provided in sub-article
(1) has the following effects:
(a) the obligation of cohabitation of the parties shall, for
all civil effects, cease;
(b) article 62 shall apply mutatis mutandis ; and
(c) the rights of the spouses to the succession of each
other shall cease with effect from the day when the
decree or judgement o f divorce becomes res judicata.
(5) The provisions of articles 54(7), 55A and 56A shall apply
mutatis mutandis  where the court considers it necessary to apply
them after having co nsidered the reasons brought before it.
(6)  Without prejudice to the provisions of article 66D(5), sub-
articles (4) to (10) of article 1332 and articles 1334, 1335, 1 336,
1337 and 1340 shall apply mutatis mutandis  to the partition of
property between the spouses.
The effects of 
remarriage.
Added by:
XIV .2011 .9.66M.  When the party receiving maintenance, whether by virtue
of an order of the court or by virtue of a contract of separati on,
remarries or enters into a pers onal relationship which brings a bout
an obligation of maintenance by a third party in favour of thatparty, the same party shall forfeit the right to receive mainte nance
payable in respect of that party by the other party in the divo rce,
with effect from the date of the remarriage or of the commencem ent
CIVIL CODE  [CAP. 16.   
of the aforesaid other relationship. This article shall also ap ply in
the case where the parties had ag reed in a contract of separati on
that the agreement regarding maintenance of the parties, or ofeither of them, shall continue t o have effect and cannot be alt ered
in the event of remarriage or of  another relationship as afores aid of
the party receiving maintenance:
Provided that an order for mai ntenance that has been made
or authorised by the court to be paid by means of a lump sum infavour of the party who remarries or who enters into another
relationship as provided in this article shall retain its effec t
notwithstanding that the party in whose favour it is made remar ries
or enters into another rel ationship as aforesaid.
Jurisdiction of the 
court regarding divorce.
Added by:
XIV.2011
.9.66N. (1) Notwithstanding the provisions of any other law, the
courts of civil jurisdiction shall have jurisdiction to hear an d
determine a demand for divorce only if at least one of the foll owing
requirements is satisfied:
(a) at least one of the spouses was domiciled in Malta on
the date of the filing of the demand for divorce beforethe competent civil court;
(b) at least one of the spouses was ordinarily resident in
Malta for a period of one year immediately preceding
the filing of the demand for divorce.
(2) Notwithstanding the provisions of sub-article (1), where a
cause for personal se paration in accordance with Sub-Title III of
this Title is pending before a court of civil jurisdiction in M alta,
including a cause being heard at appeal stage, and the court ha s
jurisdiction to hear and determine that cause, the courts of ci vil
jurisdiction in Malta shall also  have jurisdiction to hear and
determine a demand for divor ce between the same parties.*
*Article 11 of Act XIV of 2011:
"11.(1) There shall be a Committee to be known as "the Committee for  t h e
Adaptation of Laws due to th e introduction of Divorce".
(2) The Committee shall consist of a representative of the Minis ter responsible for
Justice, who shall be the Chairperson, and of two other members  one of whom shall be
a representative of the Minister  responsible for Social Policy and the other shall be a
representative of the Minister responsible for Finance.
(3) The Committee shall have the function of advising the Prime Minister on any
amendments that have t o be made to any law or regulation which,  directly or
indirectly, refers t o personal separation between the spouses f or the purpose of
adapting the same to the introduction of divorce.
(4) The Committee shall until the 29th February 2012 make a report of its
recommendations to the Prime Minister.
(5) Without prejudice to the power s of the Parliament of Malta, the Prime Minister
may, by means of an order made until the 30th June 2012 make any amendments to
any law or regulation as indicat ed in sub-article (3) as may ap pear to him to be
necessary or expedient and those amendments may be given retroa ctive effect as from
the 1st October 2011, saving any acquired rights.
(6) Any order made in accordance w ith the provisions of sub-arti cle (5) shall as
soon as may be after it is made, be laid on the Table of the Ho use and shall have effect
upon the lapse of the period of t wenty-eight days after it is s o laid, unless the House
within that period resolves that the order be annulled or amend ed, whereupon that
order shall have no effect or sh all have effect as amended, as the case may be.
(7) In reckoning for the purposes of sub-article (6) any period of twenty-eight days
therein referred to, no account shall be taken of any time duri ng which the House is
not in session or during which it  is adjourned for more than se ven days.".
  36     [CAP. 16.           CIVIL CODE
Title II
OF FILIATION
Sub-title I
OF THE FILIATION OF CHILDREN CONCEIVED OR BORN IN 
WEDLOCK
Child born in 
wedlock.
Amended by:XXIII.2017.
33.67. A child conceived in wedlock is held to be the child of the
spouses.
Presumption of 
conception during wedlock.68. A child born not before one hundred and eighty days from
the celebration of the marriage,  nor after three hundred days f rom
the dissolution or annulment of the marriage, shall be deemed t o
have been conceived in wedlock.
When spouse may 
not repudiate child.
Substituted by:
XXIII.2017. 34.69. The spouse who has not given birth cannot repudiate a child
born before the lapse of one hundred and eighty days after the
marriage in any of the following cases:
(a) if, before the marriage, su ch spouse was aware of the
pregnancy;
(b) i f  s u c h  s p o u s e  h a s  m a d e  t h e declaration required for
the drawing up of the act of birth, acknowledgingoneself to be the pa rent of the child;
(c) if the child be declared not viable.
When spouse may 
repudiate child.
Substituted by:XXI.1993
.37.
Amended by:
VIII.2007 .4;
XXIII.2010 .2;
XV.2012 .4;
Substituted by:XXIII.2017.
35.70. (1) Any spouse, except for the spouse who gave birth to
the child, may bring an action to repudiate a child born in wed lock:
(a) if such spouse proves that during the time from the
three hundredth day to the one-hundred-and-eightieth
day before the birth of the child, such spouse was in
the physical impossibility of cohabiting with thespouse who gave birth on account of being away from
the said spouse, or so me other accident; or
(b) if such spouse proves that during the said time such
spouse was de facto  or legally separated from the
spouse who gave birth:
Provided that such spouse may not repudiate the child
if there has been, during that time, a reunion, even if
temporary between the spouses; or
(c) if such spouse proves that during the said time such
CIVIL CODE  [CAP. 16.   
spouse was afflicted by impotency, even if such
impotency was only an im potency to generate; or
(d) if such spouse proves that during the said time the
spouse who gave birth had committed adultery or that,that spouse had concealed t he pregnancy and the birth
of the child; or
(e) if such spouse produces evidence of any other fact
which may also be genetic and scientific tests and datathat tends to exclud e such parenthood.
(2) The declaration of the spouse who gave birth to the effect that
the other spouse is not the natural parent of the child shall b e given
consideration in an action regarding the exclusion of the other  spouse as
parent.
(3) When the action referred to in the sub-article (1) is broug ht,
the Civil Court (Family Section)  may require any of the spouses , the
child, and the alleged natural pa rent, as appropriate, to conse nt to a
genetic test of parentage, and to  acquiesce to the taking of a genetic
sample appropriate for the test, which sample must be taken acc ording
to the current provisions of the law:
Provided that where the said consent is not given by the
parties, the Civil Court (Family Section) must substitute that consent
that has not been given and ord er acquiescence in the taking of  a sample.
(4) In the absence of genetic and scientific evidence, the Civi l
Court (Family Section) may consi der any other evidence presente d
which it deems to be relevant, in cluding the drawing of inferen ces from
the fact that a person did not provide a genetic sample, despit e being
ordered to do so. 
(5) The Civil Court (Family Section) shall dismiss the
application if and as long as the clarification of the natural parentage
would result in a considerable a dverse effect on the best inter ests of the
minor child, which would be unreasonable for the child, even ta king into
account the concerns of the person  entitled to bring the action .
(6) A person who has consented to  a genetic test of parentage a nd
has given a genetic sample may require the person entitled to b ring the
action who has had a parentage test made, to permit inspection of the
genetic test of parentage report or to provide a copy. The Civi l Court
(Family Section) shall decide d isputes arising from the claim u nder sub-
article (1).
Cap. 12.(7) The action mentioned in thi s article shall be decided by vi rtue
of a decree, which decree may be appealed according to the proc edure
contemplated in article 229(2) of the Code of Organization and Civil
Procedure . 
(8) Without prejudice to the provisions of the second proviso o f
  38     [CAP. 16.           CIVIL CODE
article 73, if in its judgment the Civil Court (Family Section)
declares that the spouse is not the natural parent of the child , it
shall have effect to change the child’s surname and that of hisdescendants to reflect the surname of the other spouse only, un less
the Court, having regard to all the relevant circumstances, pro vides
otherwise in its judgment.
Natural parentage.
Added by:
XV.2012 .5.
Substituted by:XXIII.2017.
36.70A. (1) Whenever the clarificati on of natural parentage of a
child is required:
(a) the spouse may require the spouse who gave birth and
the child;
(b) the spouse who gave birth may require the spouse and
the child;
(c) the child may require both parents; and
(d) the alleged natural parent may require both spouses
and the child,
to consent to a genetic test of parentage and to acquiesce to t he
taking of a genetic sample appr opriate for the test, which
sample must then be taken according to the then currentprovisions of the law. 
(2) On the application, mentioned in sub-article (1), of a pers on
entitled to clarify, the Civil Court (Family Section) may requi re any
of the spouses, the child, and the alleged natural parent, asappropriate, to consent to a genetic test of parentage, and to
acquiesce to the taking of a gen etic sample appropriate for the  test,
which sample must be taken according to the current provisions of
the law:
Provided that where the said  consent is not given by the
parties, the Civil Court (Family Section) must substitute that
consent that has not been given  and order acquiescence in the
taking of a sample.
(3) In the absence of genetic and  scientific evidence, the Civi l
Court (Family Section) may consi der any other evidence presente d
which it deems to be relevant, including the drawing of inferen ces
from the fact that a person did not provide a genetic sample, d espite
being ordered to do so. 
(4)  The Civil Court (Family Section) shall dismiss the
application if and as long as the  clarification of the natural
parentage would result in a considerable adverse effect on the best
interests of the minor child, wh ich would be unreasonable for t he
child, even taking into account the concerns of the person enti tled
to bring the action.
(5) A person who has consented to a genetic test of parentage
and has given a genetic sample may require the person entitled to
bring the action who has had a p arentage test made, to permit
inspection of the genetic test of  parentage report or to provid e a
copy. The Civil Court (Family Section) shall decide disputes
arising from the claim  under sub-article (1).
CIVIL CODE  [CAP. 16.   
Cap. 12.(6) The action mentioned in sub-article (1) shall be decided by
virtue of a decree, which decree may be appealed according to t he
procedure contemplated in article 229(2) of the Code of Organization
and Civil Procedure .
Impotency. 71. Repealed by : XXI.1993 .37.
Adultery. 72. Repealed by: XXI.1993 .37.
Time within which 
to bring action for 
disavowal of child.
Amended by:XXI.1993
.38;
III.2008 .3.
Substituted by:XXIII.2017.
37.73. Where it is competent for the spouses to bring an action to
disown a child, they must bring such action:
(a) within 6 months from the day of birth, if the spouse
was then in Malta;
(b) within 6 months of his return to Malta, if the spouse
was absent at the time of the birth;
(c) within 6 months of  the discovery of  the fr aud, if the
birth was concealed:
Provided that, without prejudice to the
provisions of article 70(4), the Family Court may,
upon an application of any one of the spouses and, ifpossible, after havin g heard all the parties interested,
and after having considered the rights of the applicant
and of the child, at any tim e authorise the applicant to
institute an action to disow n a child born in wedlock to
the other spouse:
Provided further that where an action to disown a
child is instituted by one of t he spouses after the lapse of
the periods stipulated in para graphs (a), (b) or (c) in
accordance with the first proviso to this article, any
judgment whereby the child is disowned shall not havethe effect of changing the surname of the child or of any
other person who took his surname from the child unless
the court, upon the demand of any of the parties madeeither in the sworn application whereby the action is
commenced or in a separate application made during the
action, provides otherwise.
Where any of the 
spouses dies before bringing action for 
disavowal.
Amended by:XXI.1993
.39
III.2008 .4;
XXIII.2017. 38.74. Where the any one of the spouses dies without having
brought the action for disavowal, but before the expiration of the
time provided in article 73( a), (b) or ( c), the heirs may bring such
action within six months to be reckoned from the day on which t he
property of the deceased shall ha ve passed into the hands of th e
child, or from the day on which the heirs shall have been by th e
child disturbed in the possession of such property.
Against whom 
action is directed.
Amended by:XXIII.2017.
39.75. (1)  The action for disavo wal shall be directed -
(a) against the child if he is of age; or
(b) if the child is a minor or under any disability to be
sued, against a curator appointed by the court before
which the action is brought:
 Provided that the court may  depute the tutor already
appointed to the child.
(2) In all cases, the other spouse shall be made a party to the
suit.
  40     [CAP. 16.           CIVIL CODE
Child born after the 
three-hundredth 
day of dissolution 
of marriage.Amended by:
XVIII.2004
.4.76. The filiation of a child born three hundred days after the
dissolution or a nnulment of the marriage  may be impeached by an y
person interested.
Husband’s 
physical 
impossibility of 
cohabitation.Amended by:
XXI.1993
.40;
XVIII.2004 .4.|
Substituted by:
XXIII.2010 .3.77. Without prejudice to the provisions of article 81, the
filiation of a child born in wedlock may also be impeached by a ny
person interested:
(a) if he proves that, during the time from the three-
hundredth day to the one-hundred-and-eightieth day
before the birth of the child, the husband was in thephysical impossibility of cohabiting with his wife on
account of his being away f rom her or some other
accident; or
(b) if he proves that, during the said time, the wife had
committed adultery, and furthermore produces
evidence of any other fact w hich may also be genetic
and scientific tests and data that tends to exclude the
husband as the natural  father of the child.
Application for 
declaration of 
parenthood.
Added by:XXIII.2010
.4.
Substituted by:
XXIII.2017. 40.77A. Without prejudice to the provisions of article 81, any person
claiming to be the natural parent of a child born in wedlock, o r that
person’s heirs if the person was deceased before the child is b orn, may
proceed by sworn application before the competent court against  the
spouses and child, or their respective heirs if anyone of them is
deceased, in order to be declared as the natural parent of the child, and
only if that person produces evidence that during the time from  the
three-hundredth day to the one-hundred-and-eightieth day before  the
birth of the child, the spouse who gave birth had committed adu ltery
with that person and furthermore produces evidence of any other  fact
which may also be genetic and scientific tests and data that te nds to
exclude one of the spouses as th e natural parent of the child.
Demand may also 
be exercised by 
spouse who gave birth.
Added by:
XXIII.2010
.4.
Substituted by:
XXIII.2017. 41.77B. A judicial demand for a declara tion of parenthood as mentioned
in the previous article may also be exercised by the parent who  gave
birth by sworn application before the competent court against t he other
spouse, the natural parent and the child born in wedlock, provi ded that
the applicant produces evidence that during the time from the t hree-
hundredth day to the one-hundred-and-eightieth day before the b irth of
the child that parent had committed adultery with the person wh o the
said parent is demanding to be declared as the natural parent a nd
furthermore produces evidence of any other fact which may also be
genetic and scientific tests and d ata that tends to indicate th at person as
the natural parent of the child.
Sworn application 
filed within six 
months from the 
birth of the child.Added by:
XXIII.2010
.4.
Substituted by:XXIII.2017.
42.77C. In the cases referred to in articles 77, 77A and 77B the
person claiming to be the natural parent of the child born in w edlock,
or the spouse who gave birth as the case may be, may proceed wi th the
action for the declaration of parenthood if their sworn applica tion is
filed within six months fro m the birth of the child: 
Provided that the Civil Court (Family Section) may, after
the sworn application of the person claiming to be the natural parent of
the child born in wedlock or the spouse who gave birth and, if possible
CIVIL CODE  [CAP. 16.   
after having heard all the partie s interested, and after having
considered the rights of the plaintiff and the child, at any ti me
authorise the person claiming to b e the natural parent of the c hild born
in wedlock, or the spouse who gave birth to institute an action  for the
declaration of parenthood as men tioned in articles 77A and 77B:
Provided further that, when the filiation of a person has been
declared by the court, any person who in consequence of such
declaration is to assu me a surname other than the surname used by
such person before such declarat ion, or his legitimate represen tative,
may request the competent court by application against the Dire ctor of
the Public Registry to be allowed to continue to use such other
surname, and the court if it is satisfied that third parties wi ll not be
prejudiced thereby and, where t he application has been done on behalf
of the minor, that such use shall be in the best interest of th e minor,
shall accede to such request and order the Director to make anannotation of its decision on the relevant act of birth of the person
whose filiation has been so declared.
Examinations as 
referred to in 
article 70A.Added by:
XXIII.2010
.4.
Amended by:XV .2012
.6.77D. In actions which are referred to in articles 77, 77A, 77B
and 77C, the court may invite t he parties to submit to examinat ions
as referred to in article 70A.
Sub-title II
Substituted by:
XVIII.2004 .5.OF THE PROOF OF FILIATION OF CHILDREN
CONCEIVED OR BORN IN WEDLOCK
Registration of 
birth.
Amended by:XVIII.2004
.6.78. (1) The filiation of children conceived or born in wedlock
is proved by the act of birth regi stered in the Pu blic Registry .
(2) It may also be proved by  the parochial registers.
Possession of 
status of child 
conceived or born 
in wedlock.Amended by:
XVIII.2004
.7.79. In default of evidence as provided in the last preceding
article, the continued possession of the status of a child conc eived
or born in wedlock shall be sufficient.
Possession of 
status to be proved 
by series of facts.
Amended by:XXIII.2017.
43.80. (1) Such possession shall be established by a series of
facts which, collectively, go to show the connection of filiati on and
relationship between an individual and the family to which he
claims to belong.
(2) Such facts are ch iefly the following:
(a) in the case of spouses who have contracted marriage
  42     [CAP. 16.           CIVIL CODE
before the coming into force of the M a r r i a g e  A c t  a n d
other Laws (Amendment) Act, 2017* t h a t  t h e
individual has always borne the surname of the father
of whom he claims to be the child;
(b) in the case of children born to spouses who have
contracted marriage after the coming into force of theMarriage Act and other Laws (Amendment) Act, 2017,
that the individual has always borne the Family Name of
the spouses of whom he claims to be the child;
(c) that the parents have treated the child as their own, and
have, as such, provided for the child's maintenance,
education, and esta blishment in life;
(d) that he has been constantly acknowledged as such in
society;
(e) that he has been acknowledg ed as such by the family.
No person can 
claim a statuscontrary to that 
attributed to him 
by the act of birth.Amended by:
XVIII.2004
.7.81. (1) No person may claim a status contrary to that which is
attributed to him by the act of birth as a child conceived or b orn in
wedlock and the possession of a s tatus in conformity therewith.
(2) Likewise, it shall not be lawful to contest the status of a
child conceived or born in wedlock in respect of a person who
possesses a status in confor mity with his act of birth.
Where act of birth 
and possession of 
status are wanting.82. In default of the act of birth and the possession of status, or
if the child shall have been registered under a false name, or as
being born of parents uncertain, or in case of supposition or
substitution of a child, although in these last two cases, ther e exists
an act of birth in conformity with the status possessed by the child,
the proof of filiation may be made by any other evidence
admissible acco rding to law.
Evidence to the 
contrary.Amended by:
XXIII.2017.
44.83. Proof to the contrary may be made by evidence tending to
show that the claimant is not the child of the person that he a lleges
has given birth to him, or, where this is proved, that he is no t the
child of the other spouse.
Action not barred 
by prescription.
Amended by:
XVIII.2004 .7.
Substituted by:
XV.2012 .7.84. No prescription shall run for an action for a child to establis h
his proper filiation.
When action may 
be brought by heirs 
of child.85. (1) Nevertheless, where the  child failed to bring such
action, it may not be brought by his heirs or descendants, unle ss he
died in the period of nonage, or within five years after attain ing his
majority.
(2) Where the child has brought the action and dies during its
pendency, his heirs or descenda nts may continue  the proceedings .
*The provisions of Act XXIII of 2017 came into force on the 1st  of September,
2017. See Legal Notice 212 of 2017.
CIVIL CODE  [CAP. 16.   
Sub-title III
Substituted by:
XVIII.2004 .8.OF THE FILIATION OF CHILDREN CONCEIVED AND BORN OUT 
OF WEDLOCK AND OF THE PRES UMPTION THAT A PERSON WAS 
CONCEIVED OR BORN IN WEDLOCK
§ I. OF THE FILIATION OF CHILDREN CONCEIVED
AND BORN OUT OF WEDLOCK
Acknowledgement 
of children conceived or born 
out of wedlock.
Amended by:XVIII.2004
.9.86. A child conceived or born out of wedlock may be
acknowledged by the father and the mother, either jointly orseparately:
Provided that where the person acknowledging himself to
be the father of the child is a minor the acknowledgment is nul l:
Provided further that the ac knowledgement of a child born
out of wedlock by a person claiming to be the father of the chi ld,
made separately from the mother , shall not have effect and shal l not
be registered unless the mother of such child, or her heirs if she is
dead, and the child himself if he is of age, shall have been se rved
with a judicial letter by any per son interested stating that su ch
person intends to apply for the registration of suchacknowledgement and the mother or her heirs as the case may be,
and the child, shall not have within a period of two months fro m
such service, by a note filed in t he acts of the said judicial letter,
agreed to such registration, in which case the said judicial le tter and
agreement note showing agreement shall be served upon the
Director of the Public Registr y who shall register the said
acknowledgement in the relative acts of civil status:
Provided further that where the mother or the child where
he is of age does not as aforesaid agree to such registration, any
person interested may proceed by application before the compete nt
court against the person or per sons who shall not have so agree d,
for the court to declare that the person making the
acknowledgement is the father of the child and to order theregistration of such acknowledgement in the relative acts of ci vil
status.
Judicial demand.
Added by:
XV .2012 .8.86A. (1) The mother of a child conceived or born out of
wedlock who is not acknowledged by the father, and that same
child, may at all times make a j udicial demand to establish the
paternity of the child and for the court to order the registrat ion of
such paternity in the rela tive acts of civil status.
(2) The judicial demand referred to in sub-article (1) may also
be sought by the heirs or the descendants of the child if the s ame
circumstances as those which are  referred to in article 85 will  exist.
How made.
Amended by:
XVIII.2004 .10.87. (1) The acknowledgment of a child conceived and born
out of wedlock may be made in the act of birth, or by any other
public deed either before or after the birth.
(2) Any declaration of paternity  or maternity made otherwise
by either of the parents, or by both, or by a minor, can only b e
admitted as evidence of filiation in an affiliation suit.
  44     [CAP. 16.           CIVIL CODE
Effects. 88. An acknowledgment shall onl y operate in regard to the
parent making it, and it shall not confer on the child so
acknowledged any right against the other parent.
A child conceived 
and born out of 
wedlock of a spouse, born 
before or during a 
marriage.Amended by:
XLVI.1973.15.
Substituted by:XVIII.2004
.11.89. A child conceived and born out of wedlock born to a
spouse before or during marriage, and acknowledged during a
marriage may not be brought into the matrimonial home, exceptwith the consent of the other spouse, unless such other spouse has
already given his or her consent to the acknowledgement.
Parental authority 
over a child conceived and born 
out of wedlock.
Substituted by:XLVI.1973.16 .
Amended by:
XXI.1993
.2, 41;
XVIII.2004 .12.
XIII.2018. 25.90. (1) The parent who has ackno wledged a child conceived
and born out of wedlock shall have in regard to him all the rig hts of
parental authority other than the legal usufruct.
(2) If the interests of the child so require, the court may orde r
that only one of the parents shall exercise the rights of paren tal
authority; 
(3) The Court may also restrict the exercise of the
aforementioned rights and, in ser ious cases, exclude both paren ts
from the exercise of these rights.
Cap. 9.(4) The Court may also restrict th e exercise of the aforemention ed
rights where one or both of the pa rents are convicted with one or more
of the offences listed in Title VII of Part II of Book First of  the
Criminal Code .
Appointment of 
tutor by court.
Amended by:
XLVI.1973.18;XXI.1993
.2;
III.2004 .116;
XVIII.2004 .13.91. In default of parental authority, the appointment of a tutor
to a child conceived and born out of wedlock shall be made by s uch
court as may be prescribed by or  under any law in force from ti me
to time.
Surname of a child 
conceived and born 
out of wedlock.Substituted by:
XXXI.1965.2.
Amended by: L.N. 148 of 1975;
XXX.1979.2; 
XXX.1981
.4; 
XII.1986 .2;
VIII.1990 .3;
XXI.1993 .42;
IX.2004 .14;
XVIII.2004 .14;
XXII.2005 .81;
III.2008 .5;
XII.2015 .3.92. (1) A child conceived and born out of wedlock, if he has
been acknowledged by the father, shall assume his surname, to
which may be added the surname of  the mother; otherwise, he sha ll
assume the surname of the mother:
Provided that when the child born out of wedlock has been
acknowledged jointly by both the f ather and the mother on the A ct
of Birth, the surname by which that child shall be known shall be
determined in terms of article 292A:
Provided that, when a child is  born out of wedlock before
the entry into force of this proviso and is acknowledged by thefather after the entry into force of this proviso, by the proce dure
established in article 86 and the father and the mother wish th at in
addition to the father’s surname there is added the mother’ssurname, reference to this fact shall be made in the judicial l etter
and in the relative note mentioned in article 86:
Provided further that if the mother wishes to add her
surname to that of the father, r eference to this fact shall be made in
the relative note mentioned in article 86, even if the father h ad not
shown this intention in the said judicial letter. In this case,  the note
CIVIL CODE  [CAP. 16.   
shall be notified to the father who shall have five working day s,
from notification, to oppose if he is of the opinion that the a ddition
of the mother’s surname to the original surname, would not be i n
the best interests of the minor. If the father does not oppose this
request, the Director shall proceed with the registration in th e
relative act:
Provided further that, if an acknowledgement is requested
to be made by judicial demand before the competent Court after the
entry into force of this proviso,  the appropriate request so th at after
the father’s surname there is added the mother’s surname, shall  be
made to the Court at any time before the pronouncement of thejudgment. In the absence of such request the child shall assume  the
father’s surname:
Provided further that, in the case of children born out of
wedlock before the 7th of August, 2007 and who have been
acknowledged by the father on the birth certificate, or by any other
procedure contemplated by law be fore the entry into force of th is
proviso, as well as children born out of wedlock after the 7th of
August, 2007 and who have been acknowledged by the father onthe birth certificate, or by any other procedure contemplated b y law
before the entry into force of this proviso, such children shal l be
able to add their mother’s maide n surname after their father’s
surname provided that they submit Form W, contained in Part II of
the First Schedule, to the Director of Public Registry. This fo rm
shall contain a declaration that in their social life they have  added
and made use of their mother’s  maiden surname after assuming
their father’s surname since birth or by means of an
acknowledgement. This form shall be accepted by the Director of
the Public Registry from the date of the coming into force of t his
proviso and when this form is delivered to the Public Registry
Office, the Director shall make an annotation of this declarati on on
every act of the civil status of  the person making such declara tion,
which such acts shall be indi cated in the same form. This
declaration made by means of F orm W shall be irrevocable:
Provided further that the descendants, including the
adopted children of persons who have submitted the Form W to th e
Director of the Public Registry, may, by not later than one yea r
from the closing date of Form W a lso submit, to the Director of  the
Public Registry, Form X contained in Part II of the First Sched ule,
declaring that they wish to use the same surname as their
ascendant’s, as duly annotated in  the respective acts of the ci vil
status by virtue of the last pr oviso before this . Upon receipt of such
form the Director of the Public Registry shall make an annotati on
of this declaration on  every act of the civil status of the per son
making such declaration. This declaration made by means of Form
X shall be irrevocable.
(2) The provisions of this  article shall apply -
(a) to such persons as shall be acknowledged or born on or
after the 1st day of  January, 1966; and
(b) with regard to the assumption of the surname of the
father, to such persons, acknowledged by the father
  46     [CAP. 16.           CIVIL CODE
before the 1st day of January, 1966, as shall be
declared by the court to have always borne the
surname of the father:
 Provided that such a declaration may only be given on
an action brought by way of sworn application before
the competent court against the Director of the Public
Registry (to which action th e provisions of articles 254
and 255 shall mutatis  mutandis  apply) and the court
making such declaration shall order that it be
registered in the Public Registry by means of a note inthe margin of the relative entry in the register book of
acts of birth.
(3) For the purposes of this article a declaration of paternity by
a judgment of the court shall have the same effect as an
acknowledgment.
(4) A child conceived and born out of wedlock who has not
been acknowledged by the father, or the descendants of such chi ld,
may retain the surname - being any surname other than that of t he
mother - which the child has assumed and which shall be declare d
by the court that he has always borne, and the proviso to parag raph
(b) of sub-article (2) of this article shall apply to such declara tion.
(5) Notwithstanding the provisions of sub-article (1) of this
article, a child conceived and born out of wedlock born and
acknowledged by the father, before the first day of January, 19 66
and who is neither known by the surname of the mother nor hasassumed the surname of his fathe r in virtue of sub-article (2) (b) of
this article, or the descendant s of such child, may retain the
surname, being a surname other than that of the mother or of th e
father, which the child has assumed and which shall be declared  by
the court that he has always borne, and the proviso to paragrap h (b)
of sub-article (2) of this article shall apply to such declarat ion.
(6) Notwithstanding the previous provisions of this article or o f
any other article in this Code, where the paternity of a person  has
been acknowledged, the filiation of a person has been declared by
the Court, or the presumption referred to in articles 101 to 11 2 has
been made to apply, any person who in consequence of such
acknowledgement, declaration or the application of the
presumption is to assume a surname other than the surname used by
such a person before such acknowledgement, filiation or
application of the presumption,  or his legitimate representativ e,
may request the competent court by application against the Dire ctor
of the Public Registry to be allowed to continue to use such ot her
surname, and the Court if it is satisfied that third parties wi ll not be
prejudiced thereby and, where t he application has been done on
behalf of the minor, that such u se shall be in the best interes t of the
minor, shall accede to such request and order the Director to m ake
an annotation of its decision on the relevant Acts of Birth of the
person so acknowledged or whose filiation has been so declared or
in relation to whom the said presumption is to apply.
CIVIL CODE  [CAP. 16.   
Duty of parents 
and children 
conceived and born 
out of wedlock. Amended by:
XXXI.1965.3;
XXI.1993
.43.
Substituted by:
XVIII.2004 .15.93. Without prejudice to the provisions of article 89, parents of
children conceived and born out of  wedlock shall have in respec t to
such children and their descendants the same duty to maintain a nd
educate them as they have with regard to children born orconceived in wedlock, and such c hildren shall have in respect o f
their ascendants and other relatives the same rights and duties  as
children born or conceived in wedlock.
Where paternity is 
declared byjudgment of the 
court.
Substituted by: XXXI.1965.4.94. Repealed by: XVIII.2004 .15.
Obligation of 
mother. Amended by: 
XXXI.1965.5.95. Repealed by: XVIII.2004 .15.
Rights of parent to 
refuse maintenance 
where child refuses 
to follow directions of parent. 
Amended by: 
XXXI.1965.6; XXI.1993
.44.96. The parent, whether he or she has acknowledged the child
or not, may deny maintenance if such child refuses, without jus t
cause, to follow the directions of the parent in regard to his conduct
and education.
Rights of parent to 
refuse maintenance where child refuses 
to live in house 
appointed by the parent. 
Amended by:
XXXI.1965.7;XXI.1993
.45;
XVIII.2004 .16.97. It shall also be lawful for the parent, whether he or she has
acknowledged the child or not, to deny maintenance to the child , if
such child refuses to live in the house which the parent for ju st
cause and with the approval of t he court has appointed for his
habitation, as also in any other case in which according to law  it is
competent to a parent to refuse maintenance to a child conceive d or
born in wedlock.
Duties of 
illegitimate child in 
respect of 
maintenance. 98. Repealed by: XVIII.2004 .17.
Acknowledgement 
may be impeached 
by child.Amended by:
XVIII.2004
.18.99. An acknowledgment of a child conceived or born in
wedlock may be impeached by the child as well as by any other
party interested.
Any party 
interested may 
contest demand for 
declarator of paternity. 100. A judicial demand for a declar ator of paternity or maternity
may also be contested by any party interested.
Genetic proof.
Added by:XXI.1993
.46.
Substituted by:
XV .2012 .9.100A. I n causes to which this Sub-Title makes reference, the court
may, without prejudice to any evidence that may be produced by the
parties according to law, require s the parties to submit to exa minations
as referred to in article 70A, and in the same manner and in th e same
circumstances.
Parenthood in civil 
unions.Added by:
IX.2014
.12.
Cap. 530.100B.  (1) Children adopted jointly by partners to a civil union
contracted between persons of the same sex under the Civil Unions
Act, or recognised by the said Act shall, notwithstanding the othe r
provisions of this Code or of any other law, be recognised for all
intents and purposes of law as having parents of the same sex a nd
all rights and obligations of parents towards their children an d of
children towards their parents under this Code or under any oth er
  48     [CAP. 16.           CIVIL CODE
law shall apply to such children and parents.
(2) Whenever a law or administrative measure requires a
person to declare the name or other particulars of the mother o r the
father, a person adopted jointly by partners in a civil union a s
referred to in sub-article (1) sh all be entitled to declare the  names
or other particulars of the two partners in the said civil unio n
instead of the said p articulars of the mother or the father.
Substituted by:
XVIII.2004 .19.§ II. OF THE PRESUMPTION THAT A PERSON
 WAS CONCEIVED OR BORN IN WEDLOCK
Where 
presumption arises.
Amended by:
IX.2004 .14.
Substituted by:
XVIII.2004 .20.101.  Where parents of children conceived and born out of
wedlock subsequently marry, or where the court of voluntary
jurisdiction so decrees, such children shall be deemed iuris et de
iure to have always been concei ved or born in wedlock.
Conditions for 
presumption.
Amended by:
XVIII.2004 .21.102.  The presumption arising out  of subsequent marriage in
accordance with the preceding article shall not take place unle ss the
children have been acknowledged by both parents by means of a
declaration in the act of marriage, or otherwise as provided in  sub-
article (1) of article 87, or unl ess their paternity and matern ity have
been declared by a ju dgment of the court.
Effects of 
presumption as a 
consequence of subsequent 
marriage.
Amended by:XVIII.2004
.22.103. Children deemed to have been conceived or born in
wedlock by subsequent marriage o f their parents shall be vested
with the rights of children conceived or born in wedlock as fro m
the day of the celebration of the marriage, if they shall have been
acknowledged on that day  or previously, or if their filiation s hall
have been declared before the ma rriage by a judgment of the cou rt.
Where 
acknowledge- 
ment or declarator takes place after 
marriage.
Amended by:XVIII.2004
.23.104.  Where the acknowledgment or  judicial declarator takes
place after the marriage, the chil dren shall only acquire the r ights
of children conceived or born in wedlock as from the day of suc h
acknowledgment or  declarator.
Descendants of 
children presumed 
to be conceived or 
born in wedlock in consequence of 
subsequent 
marriage.Substituted by:
XVIII.2004
.24.105.  The marriage of the parents shall bring about the
presumption that even their predeceased children were conceived
or born in wedlock, and such presumption shall also operate in
favour of the descendants of the latter, whether conceived or b orn
in wedlock, or so presumed to be by subsequent marriage, provid ed
such predeceased children shall have been acknowledged as
provided in article 102, or their paternity or maternity shall have
been declared by a ju dgement of the Court.
The presumption in 
virtue of decree of court.
Amended by:
III.2004
.118;
XVIII.2004 .25.106.  The presumption in virtue of a decree of the court shall
take effect by virtue of the decree itself, and no other act sh all be
required. For the purposes of this article "the court" means su ch
court or courts as may be prescribed by or under any law in for ce
from time to time.
CIVIL CODE  [CAP. 16.   
Conditions for 
presumption in 
virtue of decree of 
the competent court.
Amended by:
IX.2004
.14;
XVIII.2004 .26.107.  The presumption referred to in the last preceding article
may not be granted unless -
(a) it is demanded by the parent wishing to have such
presumption apply to the child; and
(b) where such parent is married, it is proved that his or
her spouse has given his o r her consent thereto; and
(c) the consent of the child, if of age, or his welfare, if a
minor, is proved.
Power of court to 
refuse 
presumption.
Substituted by:XVIII.2004
.27.108.  The Court shall have power, according to circumstances,
to refuse to apply the presumption in virtue of a decree of the  said
court in accordance with article  102, where the applicant can m ake
such presumption applicable in favour of his child by subsequen t
marriage, or has children who were conceived or born in wedlock ,
or so presumed by subsequent marriage, or descendants of such
children.
Registrar of court 
to cause 
registration of presumption.
Amended by:
XVIII.2004
.28.109.  The presumption shall, upon the demand of the registrar of
the said court, be registered in the Public Registry, as provid ed
under articles 290 and 291 withi n fifteen days from the date of  the
decree, unless it has already be en registered upon the demand o f
any other person.
Surname to be 
assumed by child 
presumed to have been conceived or 
born in wedlock in 
virtue of decree of court. 
Amended by: 
XXI.1993
.47;
XVIII.2004 .29;
XXIII.2017. 45.110. (1) Subject to the provisions of article 92(6), a child in
whose favour there is a presumption in virtue of a decree of th e
court shall assume the surname o f the parent upon whose demand
he shall have been so presumed.
(2) Where the presumption has taken place upon the demand of
both parents, the child shall assume the surname of the father,  to
which may be added the surname of the mother:
Provided that in the case of ch ildren born to spouses who have
contracted marriage after th e coming into force of the Marriage Act
and other Laws (Amendment) Act, 2017*, the surname to be adopted
by the child presumed to have been conceived or born in wedlock  shall
be the Family Name adopted by th e spouses in terms of article 4 .
Effects of 
presumption in 
virtue of decree of court as between 
parent and child.
Amended by:XVIII.2004
.30.111. (1) Subject to any other provision of this Code in regard
to succession, the parent and the child in whose favour operate s a
presumption in virtue of article 102 shall, as from the date of  the
decree, be in respect to each oth er in the same condition as a parent
and a child conceived or born in wedlock.
(2) Such child shall not acquire any other right deriving from
consanguinity.
Child may demand 
presumption after 
death of parent.Substituted by:
XVIII.2004
.31.112.  Where one of the parents has , in a will or other public
deed, declared his or her wish t o have the presumption that a c hild
was conceived or born in wedlock, applicable to a child born to  him
or her out of wedlock, such child may, after the death of such
parent, make a demand to have such presumption applicable in hi s
regard, saving the power of the court as provided in article 10 8, in
*The provisions of Act XXIII of 2017 came into force on the 1st  of September,
2017. See Legal Notice 212 of 2017.
  50     [CAP. 16.           CIVIL CODE
case the deceased shall have left  children, conceived or born i n
wedlock, or so presume d to be in virtue of a subsequent marriag e.
Substituted by: 
XXI.1962.2.Title III
OF ADOPTION
Interpretation.Amended by:
XLVI.1973.21.III.2004
.119;
XVIII.2004 .32;
IV .2008 .29.113.  (1) For the purposes of this Title and of any regulations
made thereunder a person shall be  deemed to make or participate  in
arrangements for the adoption of  a person if he enters into or makes
any agreement or arrangement for, or for facilitating, the adop tion
of a person by any other person.
(2) In this Code and in any other law, unless the context
otherwise requires -
(a) any reference to a person or  persons related to another
person in any line or degree shall, in respect of anadopter or an adopted person or in tracing the
relationship through an adopter or an adopted person,
be construed as a reference t o  t h e  p e r s o n  o r  p e r s o n s
who would be so related to him if the adopted person
were the child of the adopter born to him or her in
lawful wedlock and were not the child of any otherperson, and without prejudice to the generality of this
provision, any reference to the name, names or
surname of the parent or parents of an adopted personshall be construed as a reference to the name, names or
surname of the adoptive parent or parents;
Cap. 495.(b) "adoption" means an adoption effected under this Code
and in accordance with t he provisions of the Adoption
Administration Act  and, subject to such conditions and
other provisions, and with effect from such date, if
any, as may be contained in an order made by theMinister responsible for justice under this sub-article,
includes an intercountry adoption; and grammatical
variations thereof or cognate expressions shall beconstrued accordingly;
Cap. 495.(c) "Adoption Board" shall have the same meaning
assigned to it by article 2 of the Adoption
Administration Act ;
(d) "children conceived and born out of wedlock" means
children so conceived and so born or such children inwhose favour the presumption referred to in articles
101 to 112 of this Code does not apply, and who have
not in either case been adopted;
S.L. 12.20(e) "family mediator" means a mediator as specified in the
Civil Court (Family Section), the Civil Court (General
Jurisdiction) and the Court of Magistrates (Gozo)
(Superior Jurisdiction) (Family Section) Regulations ;
CIVIL CODE  [CAP. 16.   
Cap. 491.(f) "foster carer" shall have the meaning assigned to it by
article 2 of the Foster Care Act ;
Cap. 495.(g) "intercountry adoption" shall have the meaning
assigned to it by article 2 of the Adoption
Administration Act ;
Cap. 468.(h) "social worker" shall have the meaning assigned to it
by article 2 of the Social Work Profession Act.
(3) For the purposes of this Title, unless the context otherwise
requires:
Cap. 495.(a) "accredited agency" shall have the same meaning
assigned to it by a rticle 2 of the Adoption Administration
Act;
Cap. 495.(b) "Board of Appeal" shall have the same meaning assigned
to it by artic le 2 of the Adoption Administration Act ;
Cap. 495.(c) "central authority" shall have the same meaning assigned
to it by artic le 2 of the Adoption Administration Act ;
(d) "child" means a person under eighteen years of age;
(e) "country of origin" in respect of intercountry adoption
shall mean the country from which a child is adopted;
(f) "Hague Convention" means the Convention on Protection
of Children and Co-Operation In Respect of IntercountryAdoption;
Cap. 495.(g) "open adoption" shall have the same meaning assigned
to it by article 2 of the Adoption Administration Act .
Power to make 
adoption decrees.
Amended by:
IX.2004 .14;
IV .2008 .30;
XX.2010 .2.
XV .2017 .52.114. (1) Adoption may only take place with the authority of
the competent court (hereinafter  in this Title referred to as " the
court") granted by decree (hereina fter referred to as "an adopt ion
decree") following a recommendation made by the AdoptionBoard, made on the a pplication of a person of either sex.
(2) An adoption decree may be made on the application of two
spouses, civil union partners or cohabitants in a de facto  or registered
cohabitation, who are living together, authorizing them jointly  to adopt
a person and may not be made on the application of only one of such
spouse, civil union partner or cohabitant in a de facto  or registered
cohabitation:
Provided that where the person to  be adopted is the natural off spring
of either of the spouses, civil union partners or cohabitants i n a de
facto  or registered cohabitation then, subject to the provisions of
article 115(3)( c), the adoption decree may be made notwithstanding
that the application is made only by the natural parent of the person to
be adopted and the court shall not be bound to request or revie w the
recommendation of the Adoption Board.
(3) Save in the case of two spouses living together
/g3civil union
partners or cohabitants in a de facto  or registered cohabitation, an
adoption decree shall not be mad e authorizing more than one
applicant to adopt a person.
(4) An adoption decree may be made in respect of a person who
has already been the subject of an adoption decree under this T itle;
  52     [CAP. 16.           CIVIL CODE
and in relation to an application for an adoption decree in res pect of
such a person, the adopter or adopters under the previous or la st
previous adoption decree shall be deemed to be the parent orparents of that person for a ll the purposes of this Title.
(5) In the case of a person who ha s attained the age of eighteen
years and who is to be adopted in accordance with article 115(2 )(a),
no recommendation shall be required from the Adoption Board and
no social worker and, or childre n’s advocate shall be appointed .
Restrictions on 
making of adoption 
decrees. Substituted by:
VII.1977.2.
Amended by:XVIII.2004
.33;
IV .2008 .31
XV.2017 .53;
XXIII.2017. 46;
XXIV . 2018 .12.115. (1) An adoption decree shall not be made unless the
applicant or, in the case of a joint application, one of the
applicants -
(a) has attained the age of twenty-eight years and is at
least twenty one years older but not more than forty-eight years than the person to be adopted:
Provided that if the applicant or applicants request the
court for authorisation to adopt siblings, the restrictionmentioned in this paragraph shall be deemed to be
satisfied if there is the required age difference at least
with regards to one of the c hildren, and if the adoption
will be in the best interests of all the siblings involved;
or
(b) is the natural parent of the person to be adopted and
has attained majority.
(2) An adoption decree shall not be made -
(a) in respect of a person who has attained the age of
eighteen years except:
(i) in favour of a sole applicant who is the natural
parent of the person to be adopted; or
(ii) in favour of the parent and the spouse, if the
person to be adopted has lived with such parent
and civil union partner or cohabitant for at least
five consecutive years and consents to theadoption; or
(iii) in favour of a foster carer who has fostered the
person to be adopted for at least the previous
five consecutive years, if the person to beadopted consents to the adoption;
(b) in favour of a person who is in holy orders or bound by
solemn religious vows; or
(c) in favour of a tutor in respect of the person who is or
was under his tutorship, except after having renderedan account of his administration or given adequate
guarantee of the re ndering of such account.
(3) Subject to the provisions of article 117, an adoption decree
shall also not be made -
(a) in any case, other than the case of a person conceived
and born out of wedlock, except with the consent of
CIVIL CODE  [CAP. 16.   
e v e r y  p e r s o n  w h o  i s  a  p a r e n t  o f  t h e  p e r s o n  t o  b e
adopted and is alive, even if the parent has not yet
attained eighteen years of age;
(b) in the case of a person conceived and born out of
wedlock, except with the consent of the person who
gave birth to the child if such person is alive, even if
she has not attained e ighteen years of age;
(c) on the application of one of two spouses under the
provisions of sub-article (2) of article 114, except with
the consent of the other spouse;
(d) when the person to be adopted has attained the age of
eleven years, except with his consent and after havingbeen assisted by a children’s advocate.
(4) Subject to the provisions of article 117, before an adoption
decree is made th e court shall - 
(a) hear any person who has been entrusted with the care
and custody of the child to be adopted;
(b) in the case of a person conceived and born out of
wedlock, hear the parent who has not given birth to the
child if such person has acknowledged the person to beadopted as his child and if the court is satisfied that he
has contributed towards his maintenance and has
shown a genuine and continuing interest in him;
(c) where the person to be adopted is under tutorship or is
living with a person who is not his parent but who has
his care and custody in fact, hear the tutor or the
person who has such care and custody in fact, as thecase may be;
(d) hear the child’s advocate and, or social worker
appointed by the court to protect the best interests of
the child and to secure  his representation.
Care and 
possession of persons to be 
adopted before 
adoption. Substituted by:
VII.1977.3.
Amended by:IV .2008
.32;
XX.2010 .3.116. (1) Except where the applicant or one of the applicants is
a parent of the person to be adopted, an adoption decree shall not be
made unless the person to be adopted has been continuously in t he
care and possession of the applicant for at least three consecu tive
months immediately preceding th e date of the adoption decree, n ot
counting any time before the date which appears to the court to  be
the date on which the person to be adopted attained the age of six
weeks:
Provided that, prior to the making of the adoption decree,
the applicant or applicants may request the court to grant temp orary
care and custody of the child to be adopted:
Cap. 495.Provided further that in the case of intercountry adoptions
as defined in article 2 of the Adoption Administration Act, an
adoption made in accordance with t he adoption procedures under
this Code and any regulations made thereunder and the Adoption
Administration Act, and certified by the competent authority of  the
country of adoption as having been made lawfully in that countr y
may be recognised in Malta by means of an adoption decree
  54     [CAP. 16.           CIVIL CODE
notwithstanding that the per son to be adopted has not been
continuously in the care and possession of the applicant for at  least
three consecutive months immedia tely preceding the date of the
adoption decree.
(2) During the three month period specified in sub-article (1),
the accredited agency responsib le for the adoption placement sh all
take any measures it deems expedi ent to ensure that the placeme nt
with the applicant or applicants is in the best interests of th e child
and if the placement is not deemed  to be in the best interests of the
child, the accredited agency shall ask the Adoption Board to se ek
authorisation from the court for the removal of the child from the
placement.
(3) Where an application for adoption is pending in any court,
any parent of the person to be adopted who has signified his
consent to the making of an adoption decree in pursuance of the
application and any tutor shall not be entitled, except with th e leave
of the court, to remove the person to be adopted from the care and
possession of the applicant; and in considering whether to gran t or
refuse such leave the court sha ll have regard to the welfare of  the
person to be adopted.
Power to dispense 
with consent. 
Amended by:
XXXVIII.1972.2;L. 1981.2;
IV .2008
.33.117. (1)  The court may dispense with any consent or with any
hearing required by article 115 if it is satisfied -
(a) in the case of a dispensation with any such consent,
that:
(i) the person who is required to give his consent is
incapable of giving such consent; or
(ii) the parent cannot be found or has abandoned,
neglected or persistently ill-treated, or haspersistently either neglected or refused to
contribute to the maintenance of the person to be
adopted or had demanded or attempted to obtainany payment or other reward for or in
consideration of the grant of the consent
required in connection with the adoption; or
(iii) either of the parents are unreasonably
withholding their consent; or
(iv) either of the parents ma y be deprived of parental
authority over the child to be adopted in
accordance with article 154(1); or
(v) the child to be adopted is not in the care and
custody of either of the parents and the Adoption
Board declares that there is no reasonable hope
that the child may be reunited with his motherand, or father; or 
(vi) the parent or parents have unjustifiably, not had
contact with the child to be adopted for at least
eighteen months; or
(vii) it is in the best interests of the child to be
adopted for such consent to be dispensed with;
or
CIVIL CODE  [CAP. 16.   
(b) in the case of a dispensation with any such hearing,
that the person who is required to be heard cannot be
found or is incapable of expressing his views; or
(c) that in view of special a nd exceptional reasons and
taking into account the interests of all persons
concerned, it is proper for it to dispense with any such
hearing and consent.
(2) The court may dispense with th e consent of the spouse of an
applicant for an adoption decree if satisfied that the person w hose
consent is to be dispensed with cannot be found or is incapable  of
giving the consent, or that the spouses have separated and are living
apart and that the separatio n is likely to  be permanent.
(3) The consent of any person in accordance with the
provisions of paragraph (a) of sub-article (3) of article 115 to the
making of an adoption decree in pursuance of an application may
be given (subject to conditions with respect to the religious
persuasion in which the person to be adopted is to be brought u p)
without knowing the identity of the applicant for the decree.
(4) The Court may dispense with any consent or hearing
required for adoption following a request by a children’s advoc ate
on behalf of a child who has attained eleven years of age and w ho
would like to be adopted.
Evidence of 
consent. Amended by:
XXVIII.1963.2;
XXXVIII.1972.3; VII.1977.4.118. (1) Where any parent or the person to be adopted does not
attend in the proceedings on an application for an adoption dec ree
for the purpose of giving his consent to the making of the decr ee,
then, subject to the provisions of sub-articles (2) and (3) of this
article, a document signifying his consent to the making of suc h a
decree and his understanding of the  nature and effect of such a
decree shall, if the person in whose favour the decree is to be  made
is named in the document or (where the identity of that person is
not known to the consenting party) is distinguished therein in the
prescribed manner, be sufficient  evidence of that consent and o f his
understanding the nature and effect of the decree, whether thedocument is executed before or after the commencement of the
proceedings; and where any such document is attested as
mentioned in paragraph  (b) of sub-article (2) of this article, it shall
be sufficient evidence as aforesaid without further proof of th e
signature of the person b y whom it is executed.
(2) A document signifying the consent of the mother of a
person to be adopted shall not be sufficient evidence under thi s
article unless -
(a) the person to be adopted is  at least six weeks old on
the date of the execution of the document; and
(b) the document is attested on that date by a
Commissioner for Oaths or an  advocate or a notary or,
if executed outside Malta, by a person of any such
class as may be prescribed.
(3) A document signifying the consent of the person to be
  56     [CAP. 16.           CIVIL CODE
adopted shall not be sufficient evidence under this article unl ess the
person in whose favour the decree is to be made is named in the
document.
(4) For the purposes of this article, a document purporting to b e
attested as mentioned in paragraph (b) of sub-article (2) of this
article shall be deemed to be so attested, and to be executed a nd
attested on the date and at the place specified therein, unless  the
contrary is proved.
Function of court 
as to adoption 
decrees.Amended by:
IV .2008
.34.119. (1)  The court before makin g an adoption decree shall be
satisfied -
(a) that every person whose consent is necessary for the
making of the adoption decree and whose consent is
not dispensed with, has consented to and understandsthe nature and effect of the adoption decree for which
application is made; and in particular in the case of
any parent that he understands that the effect of the
adoption decree will be permanently to deprive him or
her of his or her rights in respect of the person to beadopted;
(b) that the decree if made will be for the welfare of the
person to be adopted;
(c) that the applicant has not received or agreed to receive,
and that no person has made or given or agreed tomake or give to the applicant, any payment or other
reward in consideration of the adoption except such as
the court may sanction;
(d) that due consideration has been given to the
recommendations of the Adoption Board.
(2) In determining whether an adoption decree if made will be
for the welfare of the person to be adopted, the court shall ha ve
regard (among other things) to the health of the applicant, as
evidenced, in such cases as may be prescribed, by the certifica te of
a registered medical practitioner, and shall give due considera tion
to the wishes of the person to be adopted, having regard to his  age
and understanding and to the re ligious persuasion of such perso n
and of his parents.
(3) The court in an adoption decree may impose such terms and
conditions as the court may think fit, and in particular may re quire
the adopter to make for the person to be adopted such provision  (if
any) as in the opinion of the court is just and expedient. 
(4) In the case of a child who has attained eleven years of age
and if it is in his best interest, the court may, in making theadoption decree, authorise an agreement of open adoption which
has been approved by the Adoption Board, whereby the parents
and, or the natural family shall maintain contact with the chil d;
Provided that the court shal l ensure that an agreement of
open adoption was entered into after the child and the parties had
given their consent thereto:
Provided further that any am endments to the agreement of
CIVIL CODE  [CAP. 16.   
open adoption shall not have any effect before they are authori sed
by the Court.
Curator. 
Amended by:
VII.1977.5;
IV .2008 .35.120.  (1) Upon an application for an adoption decree of a
person to be adopted, the court sh all appoint such person as ma y be
prescribed to act as special cur ator of the person to be adopte d with
the duty of safeguarding the interests of the person to be adop ted
before the court.
(2) Upon an application for an adoption decree of a person to
be adopted, the court may on its own motion or on the applicati on
of an interested person, including the child to be adopted, app oint a
child’s advocate and, or a social worker to ensure that the chi ld is
adequately represented and his  best interests safeguarded.
Rights and duties. 
Amended by:
XLVI.1973.20;
XXI.1993 .48;
IV .2008 .36.121.  Upon an adoption decree being made -
(a) the person in respect of whom the adoption decree is
made shall be considered with regard to the rights and
obligations of relatives in re lation to each other, as the
child of the adopter or adopters born to him, her orthem in lawful wedlock and  as the child of no other
person or persons, rela tionship being traced through
the adopter or adopters; 
(b) the relatives of the person in respect of whom the
adoption decree is made shall lose all rights and be
freed from all obligations w ith respect to such person;
(c) the tutor, if the person in respect of whom the adoption
decree is made is placed  under tutorship, shall
terminate his administration and, within three months
from the date of the adoption decree, render an account
thereof to t he adopter;
(d) the parents shall, in the case of an open adoption,
retain the right to maintain contact with the person in
respect of whom the a doption decr ee is made;
Cap. 285.(e) the court shall inform the competent authorities that
the adoption decree has termin ated the care order if an
adoption decree has been made in favour of a child
who is under a care order issued by virtue of the
Children and Young Persons (Care Orders) Act .
Judgments, decrees 
or orders for 
payment of maintenance.
Amended by:
VII.1977.6;XVIII.2004
.34;
IV .2008 .37.122. (1) Where an adoption decree is made, any judgement,
decree or order for the payment of maintenance in force with
respect to that person, and any agreement whereby the parent ofthat person has undertaken to ma ke payments specifically for hi s
benefit, shall cease to have effect, but without prejudice to t he
recovery of any arrears which are due under the judgment, decre e,
order or agreement at the d ate of the adoption decree.
(2) After an adoption decree ha s been made in respect of a
person who is conceived and born out of wedlock, no judgment,
decree or order f or the payment of maintenance shall be made.
Property rights. 123. (1) Where, at any time after the making of an adoption
decree, the adopter or the adopted person or any other person d ies
  58     [CAP. 16.           CIVIL CODE
intestate in respect of any property, that property shall devol ve in
all respects as if the adopted person were the child of the ado pter
born in lawful wedlock and were not the child of any other pers on.
(2) In any disposition of property made, whether by
instrument inter vivos  or by will, after the date of an adoption
decree -
(a) any reference (whether expre ss or implied) to the child
or children of the adopter shall, unless the contrary
intention appears, be construed as, or as including, areference to the adopted person;
(b) any reference (whether expre ss or implied) to the child
or children of the adopted person’s natural parents or
either of them shall, unle ss the contrary intention
appears, be construed as not being, or as not including,
a reference to the adopted person; and
(c) any reference (whether expre ss or implied) to a person
or persons related to the ad opted person in any line or
degree shall, unless the cont rary intention appears, be
construed as a reference to the person or persons who
would be related to him in that line or degree if hewere the child of the adopter born in lawful wedlock
and were not the child  of any other person.
(3) For the purposes of the devolution of any property in
accordance with this article and for the purposes of the constr uction
of any disposition to which sub-article (2) applies, an adoptedperson shall be deemed to be related to any other person being the
adopted child of th e adopter as brother or sister.
(4) Where an adoption decree is made in respect of a person
who has been previously adopted, the previous adoption shall be
disregarded for the purposes of this article in relation to the
devolution of any property on the death of a person dying intes tate
after the date of the subsequent adoption decree, and in relati on to
any disposition of property made, or taking effect on the date of a
person dying, after that date.
Adopted person to 
assume adopter’s 
surname. 
Substituted by:XXX.1981
.5.
Amended by:
IV .2008 .38;
XXIII.2017. 47.124. Upon an adoption decree being made, the person in respect
of whom the adoption decree is made shall assume the surname of
the adopter:
Provided that where the adop tion decree is made in favour
of two spouses, the person in respect of whom the adoption decr ee
is made shall assume the surname of the adoptive father, to whi ch
may be added the surname of the adoptive mother:
Act XXIII of 2017. Provided further that when the ad option decree is made in favou r of
two spouses who contracted marri age after the coming into force  of
the Marriage Act and other Laws (Amendment) Act, 2017*, then the
person in respect of whom the adoption decree is made shall ass ume
the Family Name of the spouses:
*The provisions of Act XXIII of 2017 came into force on the 1st  of September,
2017. See Legal Notice 212 of 2017.
CIVIL CODE  [CAP. 16.   
Provided further that where the person to be adopted is a
child below the age of three years, the adopter may, with the
approval of the court, giv e such child a new name.
Registration of 
adoptions. 
Amended by: XXXI.1965.8,9;  
III.1994
.2;
XIII.2007 .13.125. (1) Every adoption decree shall contain a direction to the
Director of the Public Registry to make in the Adopted Persons
Register (established by article 269 of this Code) an entry inaccordance with Form H set out in  Part II of the First Schedule  to
this Code and (subject to the provisions of the next following sub-
article) shall specify the particulars to be entered under theheadings in columns 2 to 7 of that form.
(2) For the purposes of compliance with the requirements of
the last foregoing sub-article -
(a) where the precise date of the birth of the person to be
adopted is not proved to the satisfaction of the court,
the court shall determine the probable date of his birth
and the date so determined shall be specified in the
decree as the dat e of his birth;
(b) where the country and place of birth of the person to
be adopted are not proved to the satisfaction of the
court, then, if it appears probable that that person was
born in Malta, he shall be treated as having been bornin Malta, and in any other case the particulars of the
country of birth may be omitted from the decree and
from the entry in the Ad opted Persons Register,
and the surname to be specified i n the decree as the surname of  the
person to be adopted shall be t he surname of the applicant.
(3) Where upon any application for an adoption decree there is
proved to the satisfaction of the court the identity of the per son to
be adopted with a person to whom an entry in the register book of
acts of birth (established by article 238 of this Code) relates , any
adoption decree made in pursuan ce of the application shall cont ain
a direction to the Director of the Public Registry to cause the  entry
in the register book of acts of birth to be marked with the wor d
"Adopted".
(4) Where an adoption decree is made in respect of a person
who has previously been the subject of an adoption decree under
this Title, the decree shall cont ain a direction to the Directo r of the
Public Registry to cause the entry in the Adopted Persons Regis ter
to be marked with the word "Re-adopted".
(5) Upon an adoption decree being made, the Registrar of
Courts shall cause the decree to  be communicated to the Directo r of
the Public Registry within fifteen days of the making of suchdecree and the Director of the Public Registry shall, within fi fteen
days of the receipt of such communication, cause compliance to be
made with the directions contai ned in the decree both in regard  to
marking any entry in the register book of acts of birth with th e
word "Adopted" and in regard to making the appropriate entry or
entries in the Adopted Persons Register, and shall on every suc h
decree write the date of receipt thereof and sign his name ther eto.
  60     [CAP. 16.           CIVIL CODE
(6) The provisions of sub-article (2) of article 238, sub-articl e
(1) of article 245, articles 24 8, 249, 252, 260, 261 and, subje ct to
the provisions of article 269, article 251 shall mutatis mutandis
apply to the Adopted Persons Reg ister and entries therein, extr acts
therefrom and certificates and ot her documents relating thereto  or
connected therewith.
Presumption that a 
person was 
conceived or born in wedlock: 
revocation of 
adoption decrees and cancellations 
in register.
Amended by:XXIV .1995
.362;
IX.2004 .14;
XVIII.2004 .35;
XXIII.2017. 48.126. (1) Where any person adopted by any one of the parents
alone has subsequently become a person presumed to have been
conceived or born in wedlock on the marriage of his parents, th e
competent court may, on the application of any of the parties
concerned, rev oke that decree.
(2) Where an adoption decree is revoked under this article,
the Registrar of Courts shall cause the revocation to be
communicated to the Director of the Public Registry who shall
cause to be cancelled -
(a) the entry in the Adopted Persons Register relating to
the adopted person; and
(b) the marking with the word "Adopted" of any entry
relating to him in the register book of acts of birth,
and a certified copy of any such e ntry as is referred to in par agraph
(b) shall be deemed to be an accurate  copy only if both the marking
and the cancellation a re omitted therefrom.
Amendment of 
decree and rectification of 
registers.
Amended by:XXIV .1995
.362.127. (1) The court by which an adoption decree has been made
may, on the application of the adopter or of the adopted person ,
amend the decree by the correction of any error in the particul ars
contained therein and may, if satisfied on the application of a ny
person concerned that a directio n for the making of an entry in  the
register book of acts of birth or the Adopted Persons Register
included in the decree in pursuan ce of sub-article (3) or sub-a rticle
(4) of article 125 was wrongly so  included, revoke that directi on;
and where an adoption decree is  so amended or a direction revok ed,
the Registrar of Courts shal l cause the amendment to be
communicated to the Director of the Public Registry within fift een
days of the making of such decr ee; and any necessary correction  of
or addition to the Adopted Persons Register or cancellation of the
marking of an entry in the register book of acts of birth or th e
Adopted Persons Register shall be made accordingly.
(2) Where an adoption decree has been amended any certified
copy of the relevant entry in the Adopted Persons Register whic h
may be issued pursuant to article 269(5) shall be a copy of the  entry
as amended, without the reproduction of any note or markingrelating to the amendment or of any matter cancelled pursuant
thereto; and a certified copy of an entry in any register, bein g an
entry the marking of which has  been cancelled, shall be deemed to
be an accurate copy only if both the marking and the cancellati on
are omitted therefrom.
Right to 
information.
Added by:IV .2008
.39.127A.  (1) An adopter or an adopt ed person who has attained
eighteen years of age may apply to the court for a copy of the
relevant adoption decree and, or details of the adopted person’ s
CIVIL CODE  [CAP. 16.   
natural family and, or adoption placement.
(2) An adopted person who has attained eighteen years of age
shall have the right to apply to the court for authorisation to  obtain
a copy of his original  birth certificate fr om the Public Regist ry.
(3) Prior to giving an order related to sub-articles (1) and (2) ,
the court shall hear the applicant and any other person it deem s fit
in the circumstances.
Prohibition of 
certain payments.
Amended by:XXVIII.1963.3;
XIII.1983
.5;
VIII.1990 .3;
IX.2004 .14;
L.N. 407 of 2007 ;
IV .2008 .40.128. (1)  No person shall make or give or agree or offer to
make or give, or receive or agree to receive or attempt to obta in any
payment or other reward for or in consideration of - 
(a) the adoption by that person of any person;
(b) the grant by that person of any consent required in
connection with the adoption of a person;
(c) the transfer by that person of the care and possession
of the person to be adopted with a view to his
adoption;
(d) the making by that person of any arrangements for the
adoption of a person.
(2) Any person who contravenes the provisions of sub-article
(1) of this article shall be guilty of an offence and shall, on
conviction, be liable to impris onment for a term of not less th an six
months but not exceeding one year or to a fine ( multa ) of not less
than one thousand and one hundred and sixty-four euro and sixty
nine cents (1,164.69) but not more than two thousand and three
hundred and twenty-nine euro and thirty seven cents (2,329.37) or
to both, and the court may order a minor in respect of whom the
offence was committed to be removed to a place of safety until he
can be restored to his parents or tutor or until other arrangem ents
can be made for him. The person convicted of an offence in term s
of this article shall also be lia ble to reimburse any amount wh ich
was paid to him.
(3) This article, insofar as it relates to the making of any
arrangements for the adoption of a person, does not apply to -
(a) payments made for the maintenance of that person;
and
(b) advocates’, notaries’, lega l procurators’ or medical
practitioners’ remuneration for professional services.
(4) Any conviction under the provisions of sub-article (2) of
this article shall be notified by the registrar of the court ma king the
conviction to the competent court, and the latter court shallthereupon take such measures as it considers expedient in the b est
interests of the person adopted or to be adopted including, if it
deems fit, the revocation of the adoption decree.
  62     [CAP. 16.           CIVIL CODE
Prohibition of 
publication.
Added by:
IV .2008 .41.
Amended by:
XXIII.2017. 49.128A.  (1) No person shall, without the approval in writing of an
accredited agency, publish or cause to be published in any
newspaper, periodical or any other printed matter or by means o f
broadcasting, television, public exhibition or by any other mea ns or
medium, any advertisement, news item or other matter indicated,
whether or not in relation to a particular child, born or unbor n, that:
(a) a child may be adopted;
(b) a person intends to adopt a child; or
(c) a person intends or is willing to make arrangements
with a view to the adoption of a child.
(2) Unless authorised by the court, no person shall publish or
cause to be published in any newspaper, periodical, any other
printed matter or by means of broadcasting or television, publi c
exhibition or by any other means or medium, anything related to  an
application for the adoption of a child or to adoption proceedi ngs
including:
(a) the name of the applicant or applicants;
(b) the name of the person who is or will be adopted;
(c) the name of any one of the parents, the curator or the
tutor of the child who is  or will be adopted; or
(d) a n y  m a t t e r  l i k e l y  t o  e n a b l e  a n y  o f  t h e  p e r s o n s
mentioned in paragraphs ( a), (b) and ( c) to be
identified.
(3) Any person who contravenes the provisions of this article
shall be guilty of an offence and shall, on conviction, be liab le to
imprisonment for a term of not less than three months but not
exceeding six months  or to a fine ( multa ) of not less than one
thousand and one hundred and sixty-four euro and sixty-nine cen ts
(1,164.69) but not more than two thousand and three hundred and
twenty-nine euro and thirty-seven cents (2,329.37) or to both.
False statements.
Added by:
IV .2008 .41.128B.  (1) Notwithstanding the provisions of any other law, any
person who knowingly makes a fals e statement, whether orally or
in writing, for the purposes of or in connection with an adopti on,
shall be guilty of an offence and shall, on conviction, be liab le to
imprisonment for a term of not less than three months but not
exceeding six months or to a fine ( multa ) of not less than five
hundred and eighty-two euro and thirty-four cents (582.34) but not
more than one thousand and one hundred and sixty-four euro and
sixty-nine cents (1,164.69), or to both.
(2) A person who knowingly gives false information in the
application for the entry of a person’s details in the Reunion and
Information Register shall be guilty of an offence and shall, o n
conviction, be liable to a fine ( multa ) not exceeding five hundred
and eighty-two euro and th irty-four cents (582.34).
Impersonation or 
false 
representation.Added by:
IV .2008
.41.128C.  Notwithstanding the provisions of any other law, a person
who impersonates or falsely represents himself to be an adopted
child, parent, adopter, relative,  person whose consent to the
adoption of a child is required at law, or other person having an
CIVIL CODE  [CAP. 16.   
interest in an adopted child, s hall be guilty of an offence and  shall,
on conviction, be liable to imprisonment for a term of not less  than
three months but not exceeding six months or to a fine ( multa ) of
not less than five hundred and eighty-two euro and thirty-four cents
(582.34) but not more than one thousand and one hundred and
sixty-four euro and sixty-nine  cents (1,164.69), or to both.
Forged documents.
Added by:
IV .2008 .41.128D.  If in any adoption proceedings  a person files a document
purporting to indicate the consent to the adoption or the revoc ation
thereof, where the signature is forged or obtained by fraud orduress, such person shall be guilty of an offence and shall, on
conviction, be liable to impris onment for a term of not less th an six
months but not exceeding one year or to a fine ( multa ) of not less
than one thousand and one hundred and sixty-four euro and sixty -
nine cents (1,164.69) but not more than two thousand and three
hundred and twenty-nine euro and thirty-seven cents (2,329.37),  or
to both.
Use of force.
Added by:
IV .2008 .41.128E.  A  p e r s o n  w h o  u s e s  o r  t h r e a t e n s  t o  u s e  a n y  f o r c e  o r
restraint or injures or threatens to injure, or causes or threa tens to
cause anything to the detriment of a parent of a child with the
intention of:
(a) inducing a parent to offer or refrain from offering the
child for adoption;
(b) influencing a parent on whether or not to consent to
the adoption,
shall be guilty of an offence a nd shall, on conviction, be liab le to
imprisonment for a term of not less than three months but not
exceeding six months or to a fine ( multa ) of not less than one
thousand and one hundred and sixty-four euro and sixty-nine cen ts
(1,164.69) but not more than two thousand and three hundred and
twenty-nine euro and thirty-sev en cents (2,329.37), or to both.
Removal of child.
Added by:
IV .2008 .41.128F.  A parent who consents to the adoption of his child and
proceeds to remove the child from the care and custody of the
prospective adopter or adopters without the authority of the co urt,
shall be guilty of an offence, and shall on conviction be liabl e to
imprisonment for a term of not less than two months but not
exceeding four month s or to a fine ( multa ) of not less than five
hundred and eighty-two euro and thirty-four cents (582.34) but not
more than one thousand and one hundred and sixty-four euro and
sixty-nine cents (1,164.69), or to both.
Regulations. 
Amended by:  
L.N. 4 of 1963;XXXI.1966.2;
IV .2008
.42.129. The Minister responsible for justice may make
regulations-
(a) for prescribing anything which by this Title is
authorized or required to be prescribed;
(b) for the protection, supervision and control of minors
who are placed in the care and possession of such
persons as may be prescribed;
(c) for regulating the making of or participating in
arrangements for the adoption of a person or for theplacing of a minor in the care or possession of another
person;
  64     [CAP. 16.           CIVIL CODE
(d) for any incidental and supplementary matter for which
the Minister responsible for justice thinks it expedient
for the purposes of the regulations to provide,including in particular th e entering and inspection of
premises to which the regulations relate by persons
authorized in that behalf by the Minister responsiblefor justice with a view to securing compliance with the
regulations;
(e) for establishing the penalties to which any offender of
any of the regulatio ns may be liable.
Intercountry 
adoptions.
Added by:XLVI.1973.22.
Amended by:
IV .2008
.43130. (1) Subject to sub-article (2), where an intercountry
adoption is to be treated as an adoption in accordance with the
provisions of article 113 the orde r (however called) of the aut hority
outside Malta whereby such adoption is effected shall have effe ct
as if it were an adoption decree made by the court in Malta; an d the
provisions of this Code and of any other law shall apply
accordingly with such adaptations and variations as may be
appropriate in the circumstances.
(2) Sub-article (1) of this arti cle shall apply subject to any
review, revocation or annulment  by a competent court or other
authority of the order whereby the intercountry adoption was
effected and to any determinati on or order in re lation thereto.
(3) Without prejudice to the foregoing provisions of this
article, in respect of an interco untry adoption the court shall  have -
(a) the power to determine whether such intercountry
adoption is to be treated a s an adoption in accordance
with article 113;
(b) t h e  p o w e r  t o  d i r e c t  t h e  a p p r o p r i a t e  e n t r y  o r  m a r k i n g
relating to the intercountry adoption to be made in the
registers and acts referred to in this Title and themaking of any rectificati on or cancellation thereof;
(c) the power to determine whether, and the extent to
which, a review, revocation or annulment of such an
adoption is to have effect in Malta;
(d) the power to order that an intercountry adoption shall
cease to have effect as an adoption or to be valid, in
Malta on the grounds that the adoption is contrary to
public policy or that the authority which purported toauthorize the adoption was not competent; and
(e) generally all such powers as it has in respect of an
adoption under this Code,
and may exercise such powers on an application for that purpose  or
in the exercise of its pow ers under this article.
Provisions of 
international treaty 
to prevail.
Added by:III.2004
.120.
Amended by:
IV .2008 .44.130A.  Notwithstanding the foregoing provisions of this Title,
where an intercountry adoption is regulated by the provisions o f an
international treaty to which Malta is a party, the Minister
responsible for justice may make regulations as he may deemappropriate for the implementation of the provisions of such a
treaty, and the powers of the Court in respect of such an
CIVIL CODE  [CAP. 16.   
intercountry adoption shall be exercised in accordance with and
within the limits allowed by the terms of the treaty and to ens ure
that the provisions of such treaty are complied with.
Title IV
Amended by: 
XXI.1993 .2.OF PARENTAL AUTHORITY
Child subject to parental authority. Substituted by: 
XLVI.1973.23; 
XXI.1993
.49.
Amended by:
III.2004 .121.131. (1) A child shall be subject to the authority of his parents
for all effects as by law established.
(2) Saving those cases established by law, this authority is
exercised by the comm on accord of both par ents. After the death  of
one parent, it is exercised by the surviving parent.
(3) In case of disagreement between the parents on matters of
particular importance, either par ent may apply to such court as  may
be prescribed by or under any law in force from time to time
indicating those directions which he or she considers appropria te in
the circumstances.
(4) The court, after hearing the parents and the child if the
latter has reached the age of fourteen years, shall make those
suggestions which it deems best i n the interest of the child an d the
unity of the family. If the disagreement between the parentspersists, the court shall authorise the parent whom it consider s
more suitable to protect the interest of the child in the parti cular
case, to decide upon the issue, s aving the provisions of articl e 149.
(5) In the case of an imminent danger of serious prejudice to
the child either parent may take such measures which are urgent
and cannot be postponed.
(6) With regard to t hird parties in g ood faith, each of the
spouses shall be deemed to act with the consent of the other wh ere
he or she performs an act relative to parental authority relati ve to
the person of the child.
Sub-title I
Amended by:
XXI.1993 .2.OF THE EFFECTS OF PARENTAL AUTHORITY IN REGARD TO 
MINORS
Child to obey and 
not to abandon 
parental house. Amended by:
L.N. 148 of 1975;
XXI.1993
.50.132. (1) A child shall obey his parents in all that is permitted
by law.
(2) Saving any other provision of law respecting enlistment in
any disciplined force, it shall not be lawful for a child, with out the
consent of the parents, to leave the parental house, or such ho use as
his parents may have appointed for him.
(3) Where the child leaves the house without such consent, the
  66     [CAP. 16.           CIVIL CODE
parents shall have the right to recall him, and, if necessary, demand
the assistance of the Police.
Power of court to 
authorize child to 
leave parental 
house.Amended by:
III.2004
.122;
IX.2004 .14.133. (1) Nevertheless, it shall be  lawful for the competent
court as may be prescribed by or  under any law in force from ti me
to time, for just cause, and without disclosing the same, to
authorize the child to leave the parental house.
(2) Where delay might be detrimental, it shall be lawful for any
magistrate to give the requisite  order, making a report thereof , not
later than the following working day, to the said court, which may
confirm, revoke, or vary such order.
Power of the court 
to authorize child 
to be placed in alternative care. 
Substituted by:
XXI.1993
.51.
Amended by:
III.2004 .123.134. (1) It shall be lawful for the parents, if they are unable to
control the child, to remove him from the family, assigning to him,
according to the means of the p arents, such maintenance as is
strictly necessary.
(2) In any such case, the parents may also, where necessary and
upon obtaining the authority of such court as may be prescribed  by
or under any law in force from time to time, place the child, f or
such time as is stated in the decree, in some alternative form of
care, which the court will accord ing to circumstances consider
suitable, to be, at the expense of the parents, cared for and t reated
in such manner as the court may deem conducive to the disciplin e
and education of the child.
(3) The demand for such authori ty may be made even verbally;
and the court shall make the necessary order thereon without an y
formal proceedings, and without  giving its reasons therefor.
Parents to be 
representatives of 
the children.
Substituted by:
XXI.1993 .51.135.  The parents jointly represent their children, whether born
or to be born, in all civil matters.
Parents’ power of 
administration.
Amended by:
XXX.1981 .6.
Substituted by:
XXI.1993 .51.136. (1) The parents jointly admin ister the property of their
children, whether born or to be born, except such as has devolv ed
on such children on condition that it shall be administered sol ely by
one of the parents o r by third parties.
(2) Acts of ordinary administration may however be performed
by either of the parents without the intervention of the other.
(3) Acts of extraordinary administration which must be
performed by the parents jointly include - 
(a) the alienation of movables by nature, including motor
vehicles for the object of profitably investing the
proceeds thereof;
(b) the collection of capitals that may become due;
(c) the granting of personal rights of enjoyment over
immovable property;
(d) the acceptance of an inherita nce, legacy or donation in
the name of the child;
(e) the partition of movables by nature;
CIVIL CODE  [CAP. 16.   
(f) acts which require the authorisation of the court in
terms of sub-article (4) of this article.
(4) The parents may not alienate immovables or movables by
operation of law belonging to the child nor may they contract l oans
or other debt, on his behalf hypothecate or pledge his property ,
enter into a suretyship, enter into any compromise, or submit a
dispute to arbitration except in  case of necessity, or manifest  utility
and with the authority of the court and in any such case the co urt
may, at the request of the parents, authorise one only of the p arents
to represent the child on the relative deed.
(5) In case of disagreement betw een the parents the provisions
of article 131 shall apply.
Acceptance of 
inheritance.
Amended by:
XLVI.1973.24;
XXX.1981 .7;
XXI.1993 .52.137. (1) Any inheritance devolving on the children, shall be
accepted by the parents with the benefit of inventory, unless s uch
inventory is dispensed  with by the court.
(2) If one of the parents is un able or unwilling to accept such
inheritance, the inheritance ma y be accepted by the other paren t
with the authority of the court. If both parents are unable or
unwilling to accept such inheritance the court may, upon the
demand of the child or of any o f his relatives, authorise the
acceptance thereof either by the child himself, if he has attai ned the
age of fourteen years, or otherw ise by a special curator to be
appointed by the court.
Cap. 364.(3) Where the surviving spouse has filed the return in respect
of property comprised in a charg eable transmission in accordanc e
with the provisions of the Duty on Documents and Transfers Act ,
such spouse shall be deemed, for the purposes of this article, to
have accepted the inheritance devolving upon the minor with the
benefit of inventory with respect to such property as shall hav e
been declared in the said return,  which inventory shall be deem ed
to have been duly drawn up and published according to the said
return, without the necessity  of any further formality or
authorization required by any law.
Nullity of acts may 
only be set up by 
father, etc.
Amended by:XXI.1993
.53.138.  Where any act is performed in contravention of the
provisions of the foregoing artic les, the nullity thereof may o nly be
set up by either parent or by the child or his heirs or other p ersons
claiming under him.
Conflicting
interests.
Substituted by:XXI.1993
.54.139. In case of conflicting interes ts between the children, or
between the children and either parent, the competent court sha ll,
according to circumstances, appoi nt one or more special curator s:
Provided that it shall be lawful for either paren t to decline t o
represent any of the children against another or against the ot her
parent.
Parents to render 
account of
administration.
Substituted by:XXI.1993
.54.140. (1) The parents are bound to render to the child, on the
latter attaining majority, an account of the property and the f ruits of
those things of which they have not the usufruct; and of the
property only and of the administration thereof in regard to th ings
of which they have the legal usufruct.
  68     [CAP. 16.           CIVIL CODE
(2) If parental authority ceases b efore the child attains majori ty
the parents shall render the acc ount on the date of such cessat ion.
(3) Without prejudice to any liability of the parent, either
parent may render such account on behalf also of the other pare nt.
Property of which 
the parents have 
usufruct.
Amended by:XXI.1993
.55.141. (1) The parents shall have the usufruct of such property
as devolves on the child by succession, donation, or any other
gratuitous title, including pr operty derived from entail.
(2) They shall retain such usufruct until the child attains
majority, unless the latter dies before that time.
Property not 
subject to legal
usufruct.Amended by:
XXI.1993
.56;
XIII.2007 .3.142.  The following property shall not be subject to the legal
usufruct:
(a) property bequeathed or given to the child on condition
that the parents or either  of them shall not have the
usufruct thereof:
 Provided that any such condition shall be inoperative
in regard to property reserv ed to the child by way of
reserved portion:
 Provided further that where the property is
bequeathed or given to the child on condition that only
one of the parents shall not have the usufruct thereof,
such property shall be subject to the usufruct of theother parent, sohowever that in any such case, the
fruits of such property shall not be comprised in any
community of acquests subs isting between the parent
enjoying the usufruct and the parent excluded
therefrom;
(b) property given to the child to undertake a career, an art
or a profession;
(c) property devolved on the child by inheritance, legacy
or donation where such inheritance, legacy or donation
has been accepted in the interest of the child against
the wishes of the parents:
 Provided that where such property has been accepted
on behalf of the child by one parent against the wishes
of  t h e  o t he r  p a r e nt ,  s u c h p r operty shall be subject to
the usufruct of only that parent who made theacceptance; sohowever that in  any such case, the fruits
of such property shall not be comprised in any
community of acquests subs isting between the parent
accepting such inheritance, legacy or donation as
aforesaid, and the paren t who has not so accepted;
(d) property which the child may have acquired by his
own work or his own separate industry.
Obligations to 
which usufruct of parents is subject.
Amended by:
XXI.1993
.57.143.  The usufruct vested in the par ents shall be subject to the
following obligations:
(a) all obligations to which usufructuaries are subject,
excepting that of giving security;
CIVIL CODE  [CAP. 16.   
(b) the payment of any annuity or of any interest on
capital fallen due before the commencement of the
usufruct;
(c) the payment of the funeral expenses, and of those of
the last illness of the person from whom the property
has devolved on the child where, otherwise, such
expenses would have been borne by the child;
(d) the expenses for the maintenance and education of the
child.
Cessation of 
usufruct.Amended by:
XXI.1962.3;
XXI.1993
.2,58.144. (1) The usufruct of the paren ts shall cease on the death of
the child or on the marriage or r emarriage of the parents or th e
adoptive parents, as the case may be.
(2) It shall also cease for any ot her reason for which parental
authority ceases.
(3) Where the usufruct ceases in respect only of one of the
parents, the fruit of the property subject to such usufruct sha ll not
be comprised in any community of acquests subsisting between th e
parent in respect of whom the usufruct has not ceased, and the
parent in respect of whom it has so ceased.
Where parents 
continue to enjoy 
property on 
cessation of usufruct.
Substituted by:
XXI.1993
.59.145.  Where the usufruct ceases, an d the parents, or either of
them, continue or continues to enjoy the property of the child living
with the parents or either of them without authority but withou t
opposition on the part of the child, or with authority but with out the
express condition of rendering an  account of the fruits, such p arents
or parent or the heirs of such parents or parent as the case ma y be
shall only be bound to deliver the fruits existing at the time of the
demand, and shall not be bound to account for such fruits as ma y
have been consumed up to that time.
Death, etc. of one 
of the parents.
Substituted by:XLVI.1973.25;
XXI.1993
.59.146. (1) In the event of the death of one of the parents,
parental authority shall vest so lely in the surviving parent in
respect of his or her children an d their property, including pr operty
devolving on the children from t he property of the deceased par ent
and from any other cause after the death of the predeceased par ent.
(2) The provisions of sub-article (1) of this article shall also
apply where one of the parents has forfeited or been deprived o f
parental authority, or cannot, because of absence or otherimpediment, exercise the rig hts of parental authority.
(3) If either of the parents is deprived of the right of usufruc t
only, such right shall vest i n the other parent alone.
(4) Where one parent is deprived of the usufruct, the fruits of
such usufruct shall not be comprised in any community of acques ts
subsisting between that parent and the parent who has not been so
deprived.
  70     [CAP. 16.           CIVIL CODE
Where parent 
remarries and 
continues to 
administer property.
Substituted by:
XLVI.1973.26;XXI.1993
.59.147. (1) If a parent, on remarriage, continues to administer the
property of the children, wheth er or not such parent still exer cises
the right of parental authority,  the spouse of the parent shall  be held
liable in solidum with such parent for the administration both
preceding and subsequent to the marriage.
(2) The provisions of this article shall apply to an adoptive
parent on marriage or remarriage.
Applicability of 
provisions where 
mother is vested 
with paternal authority. 
Substituted by: 
XLVI.1973.27.148.  Repealed by: XXI.1993 .59.
Power of court to 
give directions 
notwithstanding other provisions. 
Substituted by: 
XLVI.1973.28.149.  Notwithstanding any other provision of this Code, the
court may, upon good cause being shown, give such directions as
regards the person or the property of a minor as it may deemappropriate in the best interests of the child.
Sub-title II
Amended by: 
XXI.1993 .2HOW PARENTAL AUTHORITY CEASES
When parental authority ceases ipso jure. 
Amended by: 
XXI.1962.4; XLVI.1973.30; 
XXI.1993
.2,60. 150.  Parental authority ceases ipso jure in each of the cases
following:
(a) on the death of both parents or of the child;
(b) when the child attains the age of eighteen years;
(c) on the marriage of the child;
(d) if the child, with the consent of the parents, has left the
parental home and set up a separate domestic
establishment;
(e) if the parents fail to make, in favour of the child, the
registrations referred to in articles 2038 and 2039;sohowever that where only one parent has failed to
make such registration, parental authority shall not
cease in relation to the par ent who has not so failed;
(f) if the surviving parent remarries or, in the case of an
adoptive parent, if after the adoption he marries or
r e m a r r i e s ,  w i t h o u t  h a v i n g  f i r s t  m a d e  a n  i n v e n t o r y  o f
the property of the child an d obtained from the court
the requisite leave to continue in the exercise of the
rights of parental authority.
CIVIL CODE  [CAP. 16.   
When court may 
reinstate parent in 
parental authority. 
Amended by: XXI.1993
.2,61.151.  In any of the cases referred to in paragraphs ( e) and ( f) of
the last preceding article, it sh all be lawful for the court, i f it deems
it expedient in the interest of the child, to reinstate the par ent in the
parental authority wholly or in part upon his performing that b y
reason of the omission of which h e had forfeited such authority .
Court may 
dispense with 
inventory. 
Amended by : 
XXI.1993 .62.152.  The court may, on good cause, dispense with the inventory
required under paragraph (f) of article 150, and direct, instead, that
a mere description of the property be made, which shall be veri fied
on oath by the parent.
Power of court 
where parent, 
before or after remarriage, 
demands to 
continue in the exercise of parental 
authority. 
Amended by: XXI.1962.5; 
XXI.1993
.2,63.153.  Moreover, the court may, upon a demand made by the
parent, either before or after his remarriage or, in the case o f an
adoptive parent, his marriage or remarriage for authority to
continue in the exercise of the rights of parental authority, g rant to
the parent only such rights as refer to the person of the child , and
appoint a curator for the adminis tration of the property or ent rust
such administration to the parent and appoint a tutor in regard  to
the person of the child.
When parent may 
be deprived of 
parental authority. 
Amended by: 
XXI.1993 .2,64;
XIII.2018 .25.154. (1)  Saving any other punishment to which he may be
liable according to law, a parent  may be deprived, by the said court,
wholly or in part, of the rights of parental authority, in any of the
cases following:
(a) if the parent, exceeding the bounds o f reasonable
chastisement, ill-treats the child, or neglects hiseducation; 
(b) if the conduct of the parent is such as to endanger the
education of the child;
Cap. 12.(c) if the parent is interdicted, or under a disability as to
certain acts, as provided in articles 520 to 527inclusive of the Code of Organization and Civil
Procedure , and articles 189 and 190 of this Code;
(d) if the parent mismanages the property of the child;
(e) if the parent fails to perform any of the obligations set
out in article 3B in favour of the child.
(2) If the interests of the child so require, the Court may orde r
that only one of the parents shall exercise the rights of paren tal
authority and the Court may also  restrict the exercise of these  rights
and, in serious cases, exclude bo th parents from the exercise o f
these rights.
Cap. 9.(3) The Court may also restrict the exercise of the
aforementioned rights where one o r both of the parents are char ged
with one or more of the offenc es listed in Title VII of Part II  of
Book First of the Criminal Code .
(4) Nevertheless, the court may, even in the cases mentioned in
sub-article (1) of this article,  reinstate the parent in the ex ercise of
the rights of which he has been deprived, when the cause of suc h
deprivation ceases to exist.
  72     [CAP. 16.           CIVIL CODE
Usufruct of 
property of child to 
cease on forfeiture 
of parental authority. 
Amended by: 
XXI.1993
.2.155.  The usufruct of the property  of the child shall cease upon
the forfeiture of any of the rights of parental authority, and shall
only be re-acquired upon the full  restoration of parental autho rity.
Where minor 
carries on trade. 
Amended by: 
XLVI.1973.32; 
XXI.1993 .2. 
Cap. 13.156. (1) Where a minor, who has attained the age of sixteen
years, has been authorized  under article 9 of the Commercial Code ,
to trade, or, not being a trader , to perform cer tain acts of tr ade, such
minor shall, in regard to all matters relating to his trade, or  in
regard to such acts, be c onsidered as being of age.
(2) Nothing in this Code shall affect all other provisions of th e
Commercial Code , relating to minors and to children subject to
parental authority.
Title V
OF MINORITY AND OF TUTORSHIP
Sub-title I
OF MINORITY
Minority. 157.  A minor is a person of either sex who has not yet attained
the age of e ighteen years.
Sub-title II
OF TUTORSHIP
CIVIL CODE  [CAP. 16.   
Where minor is 
subject to 
tutorship. 
Substituted by: 
XLVI.1973.33. 
Amended by: 
XXI.1993 .2.158.  Any minor, whose parents have died or have forfeited
parental authority and who has not married, is subject to be pl aced
under tutorship until he become s of age or until he marries.
§ I. OF THE APPOINTMENT AND REMOVAL OF TUTORS
Appointment of 
tutor. Substituted by: 
XLVI.1973.34.159. (1) A tutor is appointed by the court on the demand of
any person.
(2) In appointing a tutor the court shall take into account any
disposition contained in the will of either of the parents of t he child
relating to the appointment of a tutor.
Persons competent 
to act as tutors. Amended by: 
XXI.1962.6; 
XLVI.1973.36.160.  Where among the relatives of the minor there are
competent persons, the court shall appoint one of such persons,preference being given, subject always to the best interests of  the
child, to the nearest relative by consanguinity.
Where more than 
one tutor are 
appointed. Substituted by: 
XLVI.1973.37.161. (1) It shall be lawful for the court to appoint more than
one tutor.
(2) Where more than one tutor h ave been appointed the court
may at any time, either of its own motion or upon the demand of
any of the tutors, specify their  respective duti es; and, until such
time as particular duties shall have been assigned to each of t hem,
each of the tutors shall have a ll the powers and duties of a tu tor,
and they shall all be jointly and severally liable for the acts  of each
of them.
(3) Where any of the tutors dies or otherwise ceases to be tutor ,
the tutorship shall be exercised by the other tutor or tutors u nless
the court, of its own motion or upon the demand of any person s hall
have appointed another tutor in his stead.
Conflict of interest 
between minors 
and tutors.162.  In case of conflicting interests between minors subject to
the same tutors, or between them and the tutors, the provisions  of
article 139 shall apply.
Persons not 
competent to hold the office of tutor. 
Amended by:
XLVI.1973.39;XI.1977.2;
XLIX.1981
.4;
XIII.2004 .38.163.  The following persons cannot be appointed tutors:
(a) persons who have not  attained majority;
(b) persons who are not vested with the free
administration of their prope rty or who are notoriously
incompetent to administer property;
(c) persons who are or are about to be, or whose spouse or
relatives by consanguinity or affinity up to the degree
of uncle and nephew, are, or are about to be involvedin a lawsuit with the minor, in which the status of such
minor, or a considerable part of his property is at
stake;
(d) undischarged bankrupts;
(e) persons who have been sentenced to the punishment of
imprisonment for a term exc eeding one year, or to any
  74     [CAP. 16.           CIVIL CODE
punishment for an offence affecting the good order of
families, or for fraud;
(f) persons who are of a notoriously bad character, or
manifestly untrustworthy or negligent;
(g) persons who are trustees of property for the benefit of
the minor.
Judges and 
magistrates not eligible as tutors. 
Amended by: 
L.N.148 of 1975.  164. (1) The judges and the magistrates are not eligible for the
office of tutor, except in the case of their own relative byconsanguinity in any degree in the direct line, or up to the de gree of
cousin in the collateral line.
(2) Tutorship already assumed in regard to persons other than
the aforesaid relatives shall cease on the appointment of the t utor to
the office of judge or magistrate.
Persons who may 
be excused from the office of tutor. 
Amended by: 
XXV .1962; L.N. 46 of 1965; 
XLVI.1973.40; 
L.N. 148 of 1975.165.  The following persons are entitled to be exempted from
accepting or conti nuing in the off ice of tutor:
(a) members of the House of Representatives;
(b) heads of public departments, and any other public
officer having the direction of any particular branch of
the public service;
(c) persons belonging to the armed forces of Malta, if on
active service;
(d) persons who have attained the age of sixty years, or
are suffering from a hab itual infirmity, which
incapacitates them from discharging the office of tutor
without serious inconvenience;
(e) any person who is a father or a mother of five living
children;
(f) persons who are already disc harging a tutorial office;
(g) any person not being a relative of the minor, or being a
distant relative, if there is in Malta a relative, or, as the
case may be, a nearer relative competent to dischargethe office of tutor, and not excused therefrom:
 Provided that where the incapacity or the ground of
exemption of the relative or  nearer relative ceases, the
stranger or the distant relative, as the case may be,may claim to be reli eved of the office.
Power of court to 
dispense tutors.166.  It shall also be lawful for the court for any of the causes
mentioned in the last preceding article or for any other just c ause,
to exempt, permanently or temporarily, any tutor from continuin g
in his office.
Tutorial inventory. 
Amended by: 
XLVI.1973.41.167. (1) The court shall, before appointing a person to the
office of tutor, direct such person to make an inventory of the
property of the minor o r, according to circumstances, a descrip tion
of such property, verified on oath by such person, and to bind
himself with hypothecation of his own property limited to a fix ed
sum, well and truly to administer the property of the minor, an d to
render on the termination of the  office a true and faithful acc ount of
CIVIL CODE  [CAP. 16.   
his administration.
(2) The court may order that the tutorial inventory or
description aforesaid be made by a person other than that who i s to
be appointed to the office of tutor.
Power of court in 
regard to tutor. 
Amended by: 
XLVI.1973.43; XI.1977.2.168. (1) It shall be lawful for the court, when it deems it
expedient, in the decree of appointment, to impose on the tutor  the
obligation of presenting in the registry of the court, yearly o r at
such other intervals as the cour t shall direct, an account of h is
administration.
(2) The court may also direct the person who offers to assume
the office of a tutor, to give security, and, in any such case,  the
obligation of the surety as well as that of the tutor must prec ede the
appointment of the tutor.
Suspension or 
removal of tutor.
Cap. 12.169. (1) The court may suspend or r emove any tutor or curator
from his office on any of the grounds mentioned in paragraphs ( b),
(c), (d), (e) and ( f) of article 163, or for failure to render an account
in due time, or for unfaithfulness in the account rendered, or for
any other just cause, saving the provisions of article 35 of th e Code
of Organization and Civil Procedure .
(2) In all cases the court shall ch iefly consider the interest o f
the minor.
Curator 
ad ventrem.
Amended by:
XXIII.2017. 50.170. (1) If, at the time of the death of any one of the spouses
without issue, the surviving spouse declares that she is pregna nt,
the court may, upon the demand of any person interested, appoin t a
curator ad ventrem with a view to preventing any supposition of
birth, or substitution of child, and administering the property  up to
the day of the birth, under such directions as the court may de em it
proper to give.
(2) It shall be lawful for the court to appoint a female as
curatrix, and entrust another person with the administration of  the
property.
Remuneration to 
tutor.171.  The court may at any time grant to the tutor, or to the
curator mentioned in the last preceding article, a moderateremuneration.
§ II. OF THE TUTOR’S ADMINISTRATION
Duties of tutor. 172.  The tutor shall have the care of the person of the minor; he
shall represent him in all civil matters, and administer his pr operty
as a bonus paterfamilia s.
Power of court 
with respect to 
education of minor. Amended by: 
XLVI.1973.44.173.  The court shall, as appropr iate, prescribe the place in
which the minor is to be brought up, the education which it is
proper to give him, and the expense to be incurred for hismaintenance and education.
  76     [CAP. 16.           CIVIL CODE
Powers of tutor in 
case of bad 
conduct of minor.174. (1) Where the tutor has serious reasons for being
dissatisfied with the conduct of the minor, the provision of ar ticle
134 shall apply.
(2) The necessary expenses shall be at the charge of the minor.
Duties of minor 
towards tutor.
Amended by:
IX.2004 .14.175. (1) The minor shall obey the tutor in all that is permitted
by the law.
(2) Where the tutor abuses his authority, or neglects his duties ,
the minor himself or any other pe rson on his behalf, may make a
complaint to the competent court; and the court shall caution t he
tutor or give any other expedient direction.
Acts not admitting 
of delay. 176.  The court may, even though the requirements laid down in
article 167 have not yet been complied with, authorize the pers on
entrusted with the making up of the inventory, or any other per son,
to perform such acts as do not admit of delay.
Disposal of 
movable property. 
Amended by:
XLVI.1973.45.177. (1) The tutor shall, within the time of three months from
his appointment, sell all such movable property of the minor as  the
court shall not have au thorized him to keep.
(2) Unless otherwise authorized by the court the sale shall be
made by public auction.
(3) It shall be in the discretion of the court, according to
circumstances, to enlarge the time  referred to in sub-article ( 1) of
this article.
Precious articles, 
etc.178. (1) The court may order any precious articles which the
tutor shall have been authorized to keep, to be deposited in th e
place appointed for the judicial deposit of similar articles or  in
some other place of safe custody.
(2) The same shall apply in reg ard to any moneys or securities
to bearer comprised in th e estate of the minor.
(3) The court may, at any time, g ive other directions in regard
to such articles, moneys, or securities.
Commercial 
establishments. 
Amended by: 
XLVI.1973.46.179. (1) Any commercial or industrial establishment
comprised in the estate of the minor shall be sold and liquidat ed by
the tutor in the manner prescribed b y the court.
(2) Nevertheless, the court may sanction the continuation of the
business if such continuation is likely to be of greater advant age to
the minor.
Limitation of 
powers of tutor. 
Amended by:I.1908.1;
XLVI.1973.47.180. (1) It shall not be lawful for the tutor, without the
authority of the court, to coll ect or transfer any capital belo nging to
the minor, take money on loan except in case of urgency, accept  or
renounce any inheritance, accept any donation or legacy subject  to
any burden, refer any matter to arbitration or effect any
compromise, or alienate, hypothecate, or make any emphyteuticalgrant of immovable property, or let out property for a time
exceeding eight years, in the cas e of rural property, or four y ears, in
the case of urban property, or the ordinary time according to u sage,
in the case of movables.
CIVIL CODE  [CAP. 16.   
(2) Upon a demand for authorit y to accept an inheritance, the
court may, according to circumstances, allow the tutor to produ ce
in lieu of the inventory prescribed in article 848, a note desc ribing
the property comprised in the inheritance which shall be verifi ed on
oath by the tutor.
(3) Where a lease has been granted for a longer time than that
stated in sub-article (1) of this  article, it shall be reduced to the
time therein respectively stated , to be reckoned from the date of the
contract.
(4) The court may, in the decree appointing a tutor or by a
subsequent decree, grant such tutor a general authority in resp ect of
all, or any of the said acts.
Profitable 
investment of 
moneys. 
Amended by: 
XLVI.1973.48; 
XIII.1983 .5;
L.N. 407 of 2007181. (1) The tutor shall, after deducting the expenses
necessary for the minor, profitably invest the income or other
moneys which he collects, when the amount thereof exceeds the
sum of one hundred and sixteen euro and forty-seven cents (116. 47).
(2) If the tutor fails to make such investment, he shall be liab le
in interest, unless he proves that notwithstanding all due dili gence
he has not succeeded in securing a profitable and safe investme nt.
(3) The tutor shall be liable for any loss occasioned by his
failure to take, in making the i nvestment, such precautions as a
bonus  paterfamilias  would have taken.
Administration. 182. (1) The tutor shall keep at least a book of receipts and
expenditure.
(2) He shall, with his account s, produce vouchers for any
expense of a considerable amount.
(3) The said book, if verified on oath by the tutor, shall be
sufficient to prove small expenses.
(4) The tutor shall only be credited with such expenses as are
considered useful or, having regard to the position and the mea ns of
the minor, customary.
Rendering of 
accounts183. (1) Where the administration terminates for any other
cause than that referred to in article 158, the tutor shall ren der his
account to his successor in  the office of tutor.
(2) If the minor dies during the tutorship, the account shall be
rendered to his heirs.
to person who was 
under tutorship.184.  If the tutorship terminates fo r any of the causes mentioned
in article 158 the account shall be rendered to the person who was
under such tutorship.
Interest. 185. (1) Any balance which may be due by the tutor shall bear
interest ipso jure as from the day of the termination of the
tutorship.
(2) The interest of any sum which may be due by the minor to
the tutor shall only commence to run from the day on which a
demand for payment shall have been made by the tutor, after thetermination of his office, by means of a judicial act.
  78     [CAP. 16.           CIVIL CODE
Limitation of 
actions.186.  Subject to the provision of article 2157, all actions
competent to the minor against the tutor, or competent to the t utor
against the minor, relating to the  tutorship, shall be barred b y the
lapse of five years to be reckon ed from the day on which the mi nor
attains his majority, or dies.
Nullity of acts 
performed by tutor. 187. (1) The nullity of any act performed in contravention of
the provisions contained in this Title, touching the interests of the
minor, may only be set up by the minor or his heirs or other pe rsons
claiming under him.
(2) No act of the tutor may be impeached solely on the ground
that the appointment of the tutor  was made against the provisio ns of
article 163.
Title  VI
OF MAJORITY , GUARDIANSHIP, INTERDICTION
AND INCAPACITATION
Sub-title I
OF MAJORITY
Age of majority. 188. (1) Majority is fixed at the completion of the eighteenth
year of age.
(2) A major is capable of performing all the acts of civil life,
subject to the restrictions contai ned in other special provisio ns of
law.
Added by:
XXIV .2012 .3.Sub-title I A
OF GUARDIANSHIP
Persons subject to guardianship.Added by:
XXIV .2012
.3.
Amended by:XXIV .2016
.31.188A.  (1) Notwithstanding the provisions of Sub-title II on
Interdiction and Incapacitation, a major who has a mental disor der
or other condition, which renders him incapable of taking care of
his own affairs may be subject to guardianship; and
notwithstanding the provisions of Sub-title II on Interdiction and
Incapacitation, to the extent possible, the parents of a person  of
age, with disability, with a mental disorder and with another
condition, which makes such per son incapable of taking care of his
or her affairs, shall first seek to place the person with disab ility
under guardianship before seeking the interdiction or incapacit ation
of that person.
(2) The same shall apply in reg a r d  t o  a  m i n o r  r e f e r r e d  t o  i n
article 156.
CIVIL CODE  [CAP. 16.   
Cap. 12.(3) The demand for the appointment of a guardian or of joint
guardians may be made by any person who voluntarily wishes to b e
made subject to guardianship or by any person mentioned in arti cle
189(3) of this Code or in article 521 of the Code of Organization
and Civil Procedure .
Cap. 12.(4) If in any civil proceedings t he Court considers that a party
may need to be subject to guardianship, the Court shall refer t he
matter to the Guardianship Boar d established under Title IIIA o f
Part II of Book Second of the Code of Organization and Civil
Procedure  for its determination.
(5) For the purposes of this Sub-title unless the context
otherwise requires, the terms "mental disorder" and "other
condition" shall have the same meaning as assigned to them in
article 189(4):
Cap. 413"disability" shall have the same meaning as assigned to it in t he
Equal Opportunities (Persons with Disability) Act ;
Cap. 525."mental disorder" shall have the same meaning as assigned to it
in the Mental Health Act :
Provided that any reference in such definitions to
"disability of mind" or to "arrested or incomplete development of
mind" shall not be construed as a  reference to a mental disorde r for
the purposes of this Sub-title.
Functions 
of guardian.Added by:
XXIV .2012
.3.188B.  A guardian shall:
(a) be responsible to safeguard the personal and
proprietary well being o f the person to whose
guardianship he is appointed;
(b) act instead of the person to whose guardianship he has
been appointed in matters of a personal or of a
proprietary nature during such time when the said
person is considered as not being capable of doing anyone or more acts of civil life as specified in the
Guardianship Order;
Cap. 12.(c) to do any other thing for or on behalf of the person to
whose guardianship he is appointed as he may beordered or authorised to do by the Guardianship Board
established under Title IIIA of Part II of Book Second
of the Code of Organization and Civil Procedure
 or by
the Court of V oluntary Jurisdiction or as may be
prescribed by regulations m ade under this Sub-title.
Obligations in 
respect of acts of 
guardianship.Added by:
XXIV .2012
.3.188C.  (1) The provisions of this S ub-title shall be construed and
interpreted and every function, power, authority, discretion, d uty or
right conferred by this Sub-title or by any regulations madethereunder shall be exercis ed in such manner that:
(a) the will of the person subject to guardianship is
respected and given effect to the maximum extent
possible;
(b) the welfare of the person subject to guardianship is
promoted and fostered;
(c) the means used for the purpose of guardianship shall
  80     [CAP. 16.           CIVIL CODE
be proportionate to the aims which they are intended to
achieve; and
(d) the freedom of choice and action of the person subject
to guardianship shall only be restricted whennecessary and only to an exte nt that is proportionate to
the aim pursued.
(2) In the exercise of his obligat ions the guardian shall act in
the best interests of the pers on subject to guardianship and sh all:
(a) take appropriate measures to provide the support that
the person subject to guardianship may require in
exercising his legal capacity  himself insofar as this is
possible;
(b) consult with the person subject to guardianship and
take into account and respect the rights, will and
preferences of the person in sofar as this is possible;
(c) encourage the person subject to guardianship to
participate as far as possible in the life of the
community;
(d) encourage and assist the person subject to
guardianship to b ecome capable of caring for himself
and for his property and of making responsible
judgements in respect of matters relating to his person
and property;
(e) protect the person subject to guardianship from
neglect, abuse or exploitation; and
(f) provide to the person subject to guardianship, as far as
possible, any assistive mean s as may be required for
the proper fulfilment of the obligations provided inthis sub-article.
(3) Subject to the limits imposed i n the Guardianship Order or
by any other decision which the Guardianship Board may give fro m
time to time, a guardian may on behalf of a person subject toguardianship sign and do all such things as are necessary to gi ve
effect to any functions or obligations vested in the guardian.
Power to make 
regulations.
Added by:
XXIV .2012 .3.188D. The Minister responsible for Justice, in conjunction with
the Minister responsible for So cial Policy and the Minister
responsible for Health may make regulations for the better
implementation of the provi sions of this Sub-title.
Sub-title II
OF INTERDICTION AND INCAPACITATION
CIVIL CODE  [CAP. 16.   
Persons subject to 
interdiction. 
Amended by:
II.2012 .13.
Cap. 12.189. (1) A major who is a person with a mental disorder or other
condition, which renders him incapable of managing his own affa irs, or
who is insane or prodigal, may b e interdicted or  incapacitated from
doing certain acts, as provided i n articles 520 to 527 inclusiv e, of
the Code of Organization and Civil Procedure .
(2) The same shall apply in regar d to the minor referred to in
article 156.
(3) The demand for interdiction or incapacitation may be made
not only by the persons mentioned in article 521 of the Code of
Organization and Civil Procedure , but also by any person related by
affinity who, under the provisions of this Code, might be compe lled
to supply maintenance to the person who has a mental disorder o r
other condition, which renders him incapable of managing his ow n
affairs, or is insane or prodigal.
(4) For the purposes of this Title, and for the purposes of the
provisions of articles 597, 752, 1034, 1035, 1036 and 1241:
(a) "other condition", where used in the context of a
condition that renders a person incapable of managing
his own affairs, means a long-term physical, mental,
intellectual or sensory impai rment which in interaction
with various barriers may hinder one’s full and
effective participation in society on an equal basis with
others; and
Cap. 525.(b) "mental disorder" shall have the meaning assigned to it
in the Mental Health Act :
Provided that any reference in such definitions to
"disability of mind" or "arrested or incomplete development ofmind" shall not be construed to mean a mental disorder for the
purposes of this Title  and such provisions.
Deaf-mutes or 
blind. 
Cap. 12.190.  (Deleted by Act II.2012 .14).
Interdiction of 
minor.
Substituted by:XXIV .2012
.4.191. ( 1 ) A  m i n o r  u n d e r  t u t o r s h i p  m a y  b e  p l a c e d  u n d e r  t h e
guardianship or interdicted or i ncapacitated in the last year o f his
minority, and in any such case the Guardianship Board or theCourt, as the case may be, may appoint as guardian or curator e ither
the tutor or any other person.
(2) The said guardian or curator shall only commence to
administer the property as from the day of the termination of t he
tutorship.
Nullity of acts 
performed by 
person interdicted. 192.  The nullity of the acts performed by the person interdicted
or incapacitated after the inte rdiction or incapacitation may o nly be
set up by the curator, or by the person interdicted or incapaci tated
or his heirs or other persons claiming under him.
Title  VII
OF ABSENTEES
  82     [CAP. 16.           CIVIL CODE
Definition of 
“absentee”.193.  A person who has ceased to appear in Malta and has not
been heard of shall, for the purposes of the provisions contain ed in
this Title, be deemed to be an absentee.
Sub-title I
OF THE CURATORSHIP OF ABSENTEES
Application for 
appointment of 
curator.Amended by:
IX.2004
.14.194.  The presumptive heirs of an absentee, or any other person
interested, may apply to the competent court in the island in w hich
the absentee last resided, for the appointment of a curator tomanage the property of such abse ntee, and for any other requisi te
directions for the preservation of his property.
Edict.
Amended by: 
XXXI.1965.8;
XIII.2007 .13.195.  Upon any such application, the court shall direct that an
edict, drawn up according to Form A in Part II of the First Sch edule
to this Code, be twice, with an interval of at least one month,
published in the Government Gazet te, and posted up at the entra nce
of the building in which the court sits, and in any other place  which
the court may deem proper, c alling upon any person having
information respecting the absentee to communicate such
information to the court, through the registrar.
Information 
respecting 
absentee.196. (1) Any information respecting the absentee may be
given either in writing, in any form, or orally.
(2) Where the information is given orally, the registrar shall
make a note thereof at the foot or in the margin of the applica tion,
or, if this is not practicable, on a separate sheet of paper to  be kept
with the application.
(3) Any communication which is anonymous, or made by a
person unknown and without an indication of the place in whichsuch person may be found,  will not be considered.
Inventory. 197. If, on the expiration of the time fixed in the second
publication of the edict, no in formation shall have reached the  court
respecting the existence of the  absentee, or the place where he  may
be found, the court shall appoint a person to make up, within s uch
time as the court shall fix, an inventory of the property of th e
absentee, or, according to circums tances, a description of such
property to be verified on oath by such person:
Provided that if the court shall have had information warrantin g
further enquiries, it shall be lawful for the court, before mak ing any
such appointment, to direct such further enquiries to be made.
Acts which do not 
admit of delay.198.  The court may, at any time, a fter the application referred
to in article 194, authorize any competent person to perform, o n
behalf of the absentee, such act s as do not admit of delay.
Obligation of 
curator.199. (1) Upon the completion of the inventory or description,
the court shall, before allowing the application, direct the cu rator
designate to bind himself with hypothecation of his own propert y
limited to a fixed sum, well and truly to administer the proper ty of
CIVIL CODE  [CAP. 16.   
the absentee, and to render, on the termination of the curators hip, a
true and faithful account of his administration.
(2) Where the court deems it expedient that the curator
designate should give security, the obligation of the surety sh all
also precede the appoint ment of the curator.
Persons not 
competent to act as 
curators. Amended by: 
XLVI.1973.49.200. (1) The persons who accordi ng to the provisions of
article 163 are not competent for the office of tutor, shall no t be
competent for the office of curator.
(2) No person is bound to accept th e curatorship of an absentee.
Court may appoint 
more than one 
curator. Amended by: 
XLVI.1973.50.201. (1) It shall be in the discretion of the court to appoint two
or more curators.
(2) In any such case the provisio ns of sub-articles (2) and (3) of
article 161 shall apply.
Rendering of 
accounts.202. (1) The curator shall render an account of his
administration to the absentee,  if he returns, or if he appoint s an
attorney, or to such persons as are vested with the possession of his
property.
(2) The provisions, however, of sub-article (1) of article 168
shall also apply to the said curator.
Curator to 
represent absentee.203. (1) The curator shall represent the absentee in civil acts
and shall manage his property  as a bonus paterfamilias .
(2) He is bound to prosecute the enquiries about the existence
of the absentee or the place in  which he may be found, and to
communicate to the c ourt any infor mation which he may receive.
(3) Unless otherwise provided in the decree appointing the
curator or in any other decree, the provisions of articles 169 and
177 to 182 inclusive shall also apply to such curator.
Where the absentee 
has left an attorney.204. (1) Where the absentee has left an attorney for the
management of his property, the court shall, during the time th e
power of attorney is in force, give directions only with regard  to
such acts as the attorney may not perform under the power ofattorney or in virtue of the law.
(2) When the power of attorney expires, the foregoing
provisions of this sub-title shall apply.
Sub-title II
OF THE PROVISIONAL POSSESSION OF THE PROPERTY OF AN 
ABSENTEE
  84     [CAP. 16.           CIVIL CODE
Opening of wills. 
Amended by:
LIV .1974.2;
IX.2004 .14;
XXIV .2011 .99.
Cap. 55.205.  After the lapse of three con tinuous years from the day the
absentee was last heard of, or o f six years, if the absentee ha s left
an attorney to manage his property, the competent court in the
island where the abse ntee last resided, may , upon the applicati on of
any person interested, order the opening of any secret will, or
declare, notwithstanding the provisions of article 68 of the No tarial
Profession and Notarial Archives Act,  accessible any public will,
which the absentee may have made.
Edict. 206. (1) Upon any such application, the court shall hear the
attorney or curator, if any, and, if it is of opinion that the order
sought for should be given, shall direct that an edict similar to that
referred to in article 195 be published in the Government Gazet te,
and posted up at the entrance of the building where the court s its,
and in any other place wh ich it may deem proper.
(2) The provisions of article 1 96 relating to any information
which may be given in regard to the absentee, shall apply also in
the case referred t o in this article.
Where six months 
have elapsed 
without any information 
respecting 
absentee. 207.  After the lapse of six months from the publication of the
edict, the court, in default of any information respecting the
absentee, shall, by a decree, ord er the opening of any secret w ill,
or, as the case may be, declare accessible any public will whic h the
absentee may have made.
Demand for 
provisional 
possession by heirs-at-law in 
default of 
institution of heir, Amended by:
LIV .1974.4;
IX.2004
.14.208.  The testamentary heirs of th e absentee or their heirs, or
where the will does not contain any institution of heir, such p ersons
as would have been the heirs-at-law of the absentee, if he had died
on the day he was last heard of, or their heirs, may make a dem and
to the competent court in the island in which the absentee last
resided, that they be vested with the provisional possession of  the
property.
or in default of 
secret or public will.209. (1) Where there is no secret or public will, the demand
referred to in the last preceding article, may be made immediat ely
upon the expiration of the times respectively established in ar ticle
205.
(2) Upon such demand the cour t shall hear the attorney or
curator, if any, and, if expedi ent, shall issue an edict simila r to that
referred to in article 206, causin g it to be posted up as provi ded in
that article; and it shall give the requisite decree on that de mand
after the lapse of six months fr om the publication of the edict .
Publication of 
edict.210.  The edict prescribed in articles 206 and 209 shall be
published and posted up twice, with an interval of at least one
month, unless, before any of the demands mentioned in thosearticles, a curator shall have been appointed; and in any such case
the time of six months which is to elapse before the court’s de cree
shall run from the second publication of the edict.
Rights of legatees, 
etc.
Amended by:XXII.2005
.81.211.  When the demand by the heirs to be vested with the
provisional possession of the property, has become competent, e ven
though no such demand shall have been made by them, thelegatees, donees, and all other persons having rights on the
property of the absentee dependi ng on his death, may, by sworn
application against the testamen tary heirs or the heirs-at-law,  as the
CIVIL CODE  [CAP. 16.   
case may be, and the attorney or curator, if any, demand to be
allowed to exercise such rights provisionally.
Security. 212.  The heirs, and the persons mentioned in the last preceding
article, shall be placed in the provisional possession of the
property, or allowed to exercise their eventual rights, only on
condition of giving security in an amount to be fixed by the co urt,
in terms of article 352.
Other caution in 
default of security.213.  Where any of the presumptive heirs or other persons
having rights on the property of the absentee is unable to give  the
said security, it shall be in the discretion of the court to or der such
other caution as it may deem proper in the interest of the abse ntee,
having regard to the condition of the applicants, to their
relationship with the absentee , and to other circumstances.
Spouse may 
demand 
maintenance.214.  The spouse of the absentee, in addition to what is due to
him or her in virtue of the marriage contract, or by succession  or by
any other title according to law, may, in case of need, demand an
allowance for maintenance, to be  fixed according to the conditi on
of the family and the amount of  the estate of the absentee.
Effects of 
provisional 
possession.215.  The persons vested with the provisional possession of the
property of the absentee, and their successors, shall have the
administration of such property, the right to sue or defend in
matters touching the rights of the absentee, and the enjoyment of
the fruits of the property, subjec t to the restrictions hereina fter
prescribed.
Inventory of 
property.
Amended by:
IX.2004 .14.216. (1) The persons vested with the provisional possession of
the property of the absentee shall take the necessary steps, be fore
the competent court, to make up, within three months from the d ay
on which they have been vested wi th such possession, an invento ry
of the movable property and a description of the immovable
property of the absentee, unless dispensed therefrom by the cou rt
on the ground that such inventory or description had already be en
made under the provisions of article 197, or for any other good
cause.
(2) The court may, if necessary, direct the said inventory or
description to be made before granting the demand for provision al
possession.
Powers of persons 
vested with provisional 
possession.217. (1) The persons vested with the provisional possession of
the property of the absentee may not, without the authority of the
court, alienate or hypothecate the immovable property or perfor m
any act other than of ordinary administration.
(2) The court shall, where necessary, order the sale of all or
part of the movable property; and in any such case the proceeds
shall be invested at interest, or in any other manner which the  court
shall deem proper.
Enjoyment of 
fruits. Amended by: 
LIV .1974.5.218. (1) Where the persons vested with the provisional
possession of the property, or a llowed to exercise their rights
provisionally under article 211,  are ascendants, descendants, o r the
spouse of the absentee, they shal l retain all the fruits for th eir own
benefit.
  86     [CAP. 16.           CIVIL CODE
(2) Where the said persons are relations of the absentee in any
other degree, or strangers, they shall be bound to reserve one- third
part of the fruits:
Provided that after the lapse of  ten continuous years from the day
the absentee was last heard of or of six years from the entry o f
provisional possession, the whole of the fruits shall belong to  the
said persons.
Prior or equal right 
to provisional 
possession.219. (1) If, during the period of provisional possession, any
person shall prove that, at the time of the grant of such posse ssion,
he had a prior or equal right to that of the possessor, it shal l be
lawful for such person to exclude the possessor from suchpossession, or to cause himse lf to be associated therein.
(2) The said person, however, shall only be entitled to such
fruits as will accrue from the day of the judicial demand.
Return of absentee. 
Amended by: 
XI.1977.2.220. (1) If the absentee reappears, or if his existence is
established, the effects of the provisional possession, or of t he
authority to exercise the right mentioned in article 211, shall  cease,
and the court shall give the  necessary directions for the
preservation and administration of his property.
(2) The possessors of the proper ty, and such persons as may
have obtained any payment by re ason of the exercise of any righ t
depending upon the death of the absentee, shall be bound to res tore
the same together with the fruits, as provided in sub-article ( 2) of
article 218.
Death of absentee. 
Amended by: XI.1977.2.221.  If, during the period of provisional possession, the time of
the death of the absentee is e stablished, his succession shall
become open in favour of such persons as at that time were his
testamentary heirs or heirs-at-l aw, or of their successors; and  the
persons who have had the enjoyment of the property, shall be
bound to restore it, together with the fruits, as provided in s ub-
article (2) of article 218.
Action by persons 
having rights 
against absentee.222.  After the grant of provisional possession, any person
having any claim against the absentee shall bring forward such
claim against the persons vested with the possession of theproperty.
Sub-title III
OF THE ABSOLUTE POSSESSION OF THE PROPERTY OF AN 
ABSENTEE
CIVIL CODE  [CAP. 16.   
Absolute 
possession. 
Substituted by:
LIV .1974.6.Amended by:
IX.2004
.14;
XXII.2005 .81.
Substituted by:
XV .2012 .10.223. If the absence has continued for a period of six years since
provisional possession has been gr anted, or if an application m ade
by the testamentary heirs or the heirs-at-law of the absentee b efore
the court of voluntary jurisdiction of the island in which theabsentee last resided against cur ators appointed by the said co urt
such absence has been declared by a decree to have subsisted fo r a
period of ten continuous years from the day the absentee was la st
heard of, the court of voluntary jurisdiction shall, upon the d emand
of the parties interested, awa rd a decree, granting absolute
possession of the property and the absolute exercise of the rig hts
depending upon the death of the absentee, discharging the
securities and directing any other caution which may have been
imposed if any, to cease:
Provided that if the absent person is a minor, the period of
absence established under this a rticle shall run from the day s uch
person would have attained majority.
Cases where 
absolute 
possession takes 
place. Amended by: 
LIV .1974.7224.  The provisions of the last p receding article, or, as the
case may be, the declaration of t he opening of the succession m ay
also take place, even though no curator shall have been appoint ed,
nor provisional possession granted as provided in the preceding
two sub-titles, in each of the following cases:
(a) if one hundred years since the birth of the absentee,
and at least one year since the last news of him, shall
have elapsed;
(b) if eighty years since the birth of the absentee, and at
least six years since the last news of him, shall have
elapsed.
Rights of persons 
placed in absolute 
possession of 
property. 225.  It shall be lawful for the persons placed in absolute
possession of the property or allowed the absolute exercise of the
rights depending upon  the death of the absentee, to proceed to final
partitions of the property, an d to dispose freely thereof.
Return of absentee. 226.  If the absentee returns, or hi s existence is established, he
shall recover his property in the state in which it may be, and  shall
be entitled to the price of such property as has been disposed of, if
such price is still due, or to the property in which such price  may
have been invested.
Rights of children 
of absentee.
Amended by:XVIII.2004
.36.227.  The children or descendants of the absentee may, likewise,
within the time prescribed in art icle 845, to be reckoned from the
grant of absolute possession or from the day on which thedeclaration of the opening o f the succession may have been
obtained, enforce thei r rights on the property of the absentee
according to the rules laid down in the last preceding article,without being bound to prove his death.
Other rights. 228.  I f af ter  the grant of  abs olute possess ion, the time of the
death of the absentee is established, such persons as, at that time,
were his heirs or legatees, or were vested with any right in
consequence of the death, or th eir successors, may bring the ac tions
competent to them, saving the rights which the possessors may
have acquired by prescription, and the effects of good faith in
regard to the fruits  already collected.
  88     [CAP. 16.           CIVIL CODE
Sub-title IV
OF THE EFFECTS OF ABSENCE IN REGARD TO EVENTUAL 
RIGHTS OF THE ABSENTEE
Claiming of rights 
on behalf of person 
not known to be living.229.  No person may claim any right on behalf of any other
person who is not known to be living, unless he proves that suc h
other person was alive at the tim e when such right originated.
Where a 
succession becomes open.230. (1) Upon the opening of a succession to which a person
who is not known to be living is entitled, wholly or in part, s uch
succession shall devolve upon those with whom such person would
have a right to compete, or upon those who would have taken it in
his default, saving the right of representation.
(2) Those upon whom, in default of such person, the
succession devolves, shall proceed  to make up an inventory, or,  if
the court deems it more  expedient, a description of the propert y.
Action to obtain 
inheritance.231.  The provisions of the last two preceding articles shall
apply, without prejudice to the right to maintain an action to obtain
an inheritance, or to the other r ights competent to the absente e, or
his representatives, or other pe rsons claiming under him. Such
rights shall only be extinguished by the lapse of the time requ ired
for prescription.
Fruits collected in 
good faith.232.  So long as the absentee does not appear, or no actions
competent to him are brought in his behalf, those upon whom the
succession has devolved shall not  be bound to return such fruit s as
may have been collected by them in good faith.
Sub-title V
OF THE CURATORSHIP OF MINOR CHILDREN OF ABSENTEE
Curatorship of 
minor children of 
absentee. 
Substituted by: 
XLVI.1973.51. 
Amended by: XXI.1993
.2.233. (1) Where any of the children of the absentee are minors,
and are not subject to parental authority, it shall be lawful f or the
court, upon the demand of any person, to appoint to such childr en
one or more curators.
(2) The provisions relating to the tutorship of a minor whose
parents are dead shall, in so f ar as applicable, apply to the
curatorship of a minor ordered under this article.
CIVIL CODE  [CAP. 16.   
Title VIII
OF ACTS OF CIVIL STATUS
Sub-title I
GENERAL PROVISIONS
Acts to be drawn 
up on the birth, 
marriage or death 
of any person. 234. (1) Upon the birth, marriage or death of any person, an
act in the respective form a nnexed hereto, containing such
particulars as are required under this Title, shall be drawn up  in
clear and legible characters, a nd without any abbreviation.
(2) Where any of the said particulars cannot be known, a
statement to that effect shall be entered in the proper place i n the
act.
Exceptions. 
Substituted by: 
VI.1968.2.235.  The provisions of the last pr eceding article shall not apply
in the case of the death of any person belonging to, and actual ly
serving in, any of the armed forces of a foreign country, unles s such
person was a citizen of Malta or was married to any person who is a
citizen of Malta.
By whom acts are 
drawn up. Amended by: 
L.N. 46 of 1965; 
LVIII.1974.68.236.  Acts of birth or death shall be drawn up by the officers
appointed by the President of Malta in that behalf.
Acts of marriage. 
Substituted by: 
XXXVII.1975.23.237.  Acts of marriage shall be dra wn up and signed as provided
in article 293.
Registers. 
Amended by:
VII.1982 .2;
XXXI.1986 .4;
III.1994 .3;
XXV .2014 .2.238. (1) In the Public Registry Office in Malta and in Gozo,
there shall be kept four register books: one for the registrati on of
acts of birth, one for the registr ation of acts of marriage, an other for
the registration of civil unions and the fourth for the registr ation of
acts of death.
(2) Each volume of such registers shall be numbered from the
first to the last page. The last page of each volume shall cont ain a
statement as to the total number  of its pages; such statement s hall
be signed by the Director  of the Public Registry.
Registrations in the 
office of Malta or Gozo.
Amended by:
XXXVII.1975.23;XXII.1976.4;
XII.1986
.3;
III.1994 .4;
XV .2012 .11;
XLIII.2018. 3.239. (1) In the Public Registry Office in Malta, there shall be
registered all acts of birth, marriage and death which shall ha ve
taken place in the island of Malta , as well as the acts mention ed in
articles 244 and 285; and in the Public Registry Office in Gozo ,
there shall be registered all acts of birth, marriage and death  which
shall have taken place in the  islands of Gozo and Comino.
(2) A copy of an act, registered as provided in sub-article (1) and
transmitted to the Director by any electronic means, or any tru e copy
thereof, shall be deemed a true and authentic copy for all purp oses of
law provided this copy is signe d by the Director receiving it.
  90     [CAP. 16.           CIVIL CODE
(3) For the purposes of this article the Director’s signature ma y
also be an electronic signature according to the meaning as is assigned
to it as defined in Regulation (EU) No. 910/2014 of the Europea n
Parliament and of the Council of 23 July 2014 on electronicidentification and trust services  for electronic transactions i n the
internal market,
Progressive 
number, 
Amended by: XVIII.1938.2.240. (1) On every act delivered t o him for registration, the
Director of the Public Registry shall write a progressive numbe r
and the date of delivery, and shall sign his name thereto.
(2) An act shall be deemed to have been received by the
Director, when he shall have signed his name thereto.
in respect of each 
description of acts.241.  Each description of acts shal l have a distinct numbering,
beginning from the first and ending with the last act received
during each year.
Drawing up of acts 
in clear characters.Amended by:
XXIV .2011
.99;
XIX.2012 .16.242. (1) The Director shall not receive any act which is not
written in clear and legible characters, or which containsabbreviations, or which may appear to him to be otherwise
defective or  irregular.
(2) In any such case, the act shall be presented by the Director
to the retired Judge or retired M agistrate or retired advocate of the
Court of Revision of Notarial Acts, who, after hearing, if nece ssary,
the person by whom the act shall have been made, shall determin e
the manner in which, according to law, the act is to be drawn u p.
(3) The Director may not refus e to receive any act which is
countersigned by the said retired Judge or retired Magistrate o r retired
advocate.
Applicability of 
s.242 to certificates 
of baptism or marriage. 
Amended by: 
XXII.1939.2; XXXVII.1975.23;
XXII.1976.4 .243. (1) The provisions of the last preceding article shall
apply to any certificate of baptism, delivered to the Director under
the provisions of articles 273 and 285.
(2) No certificate of baptism sh all be received unless it is
written in the Maltese, E nglish or Latin language.
Births, marriages, 
unions of 
equivalent status, 
and deaths in foreign countries.
Amended by: 
XXXI.1965.10. Substituted by: 
VI.1968.3.
Amended by:IX.2014
.16.
Cap. 530.244. (1) Any act of birth, marriage, union of equivalent status
as defined in the Civil Unions Act  or death of a citizen of Malta
drawn up or registered in a foreign country by a competent
authority in that country, other than an act drawn up or regist ered
under sub-article (l) or sub-article (2) of article 270, may, a t the
request of any person interested and upon the Director of the P ublic
Registry being satisfied on the authenticity of such act, beregistered in these Islands in th e same manner as if it were an  act
drawn up by any of the persons mentioned in this Title.
(2) The person making the request shall, for the purposes of
registration, deliver to the Dire ctor the act in respect of whi ch such
request is made.
CIVIL CODE  [CAP. 16.   
How registrations 
are made. 
Amended by: 
XXI.1933.1; XX.1934.2245. (1) The acts shall be recorded  in the respective register
books, consecutively in the order in which they are received, a nd
without any blanks.
(2) The registrations shall, as far as practicable, be made in
accordance with the forms annexed to this Code relating to the
drawing up of the acts, even where the documents which in thecases provided for in this Title may be delivered in lieu of su ch acts
are drawn up in a different manner.
(3) The registration shall also include the date of the receipt of
the act and the transcription of t he signature of the Director.
Declaration on last 
page of register 
book. Amended by: 
XX.1934.3; 
XXXI.1965.11.246. (1) The Director shall, on the  last page of each register
book, make a declaration to the e ffect that the registrations t herein
contained are true copies of the original acts to  which they re fer.
(2) Such declaration shall be m ade on each register book within
one month from the receipt of the last act entered in such regi ster
book.
(3) The Director shall write down the date and sign his name
immediately after such declara tion and after any note which he
shall enter in the register book under the provisions of this T itle.
When regis tration 
is to be entered. 
Amended by: 
XX.1934.4; VI.1968.4;
XII.2015
.4.247.  The Director shall register ev ery act within thirty working
days from its receipt:
Provided that this article shall not apply in the cases
mentioned under article 285A.
Correction of 
errors. 
Amended by: 
XX.1934.5248.  Where before signing the declar ation referred to in article
246, or any note, it shall be necessary to correct any error, t he
Director shall make the correction in the manner and form
following - in the case of a registration, by means of a postil  at the
foot thereof to be signed by him, and, in the case of a note, b y
means of a postil at the foot thereof before it is signed; andnecessary cancellation shall be made so that the words cancelle d
remain clearly legible; it shall not be lawful to make any eras ure.
Preservation of 
acts.249.  Every act or document received shall, even after it is
registered, be preserved.
Index. 250. (1) In the Public Registry Office in Malta and in Gozo
there shall be made, within th e first three months of each year , an
alphabetical index of the registr ations entered during the prec eding
year.
(2) The Director of the Public Registry Office in Gozo shall,
within one month from the last day of the time mentioned in sub -
article (1) of this article, transmit to the Director of the Pu blic
Registry Office in Malta a c opy of the ind ex of each year.
  92     [CAP. 16.           CIVIL CODE
Acts and registers 
to be open to 
inspection.
Amended by:XX.1934.6;
XXII.1939.2;
XXXI.1965.12;XXXVIII.1972.4;
XXI.1993
.65;
III.1994 .5;
XIII.2005 .9;
VIII.2007 .5;
XIII.2007 .13;
XVIII.2007 .4;
XV.2012 .12;
L.N. 311 of 2012 ;
XXV .2014 .3;
XXIII.2017. 51;
XLIII.2018. 4.251. (1) The register books, acts and documents referred to in
the foregoing articles, shall be  open to inspection by every pe rson,
and extracts therefrom, signed, m anually or electronically sign ed as
defined in Regulation (EU) No. 910/2014 of the European Parliam ent
and of the Council of 23 July 2014 on electronic identification  and
trust services for electronic tr ansactions in the internal mark et, by the
Director of the Public Registry of Malta or the Director of thePublic Registry of Gozo, shall  be given upon the demand of any
person.
( 2 ) I n  t h i s  T i t l e  t h e  w o r d  " e xtract" means a certificate
containing an abridged copy of one or more registered acts in
accordance with Forms I, J, K, KK,  L, O and P set out in Part I I of
the First Schedule to this Code. All corrections and annotation s
entered in the margin of the registers shall be incorporated in  the
extract with the exception of annotations of adoptions which sh all
be transcribed at the back of the extract.
(2A) ( a) Extracts of acts of birth and of entries in the Adopted
Persons Register shall be issued in the Forms I or J
shown in Part II of the First Schedule to this Code.
   ( b) For the purpose of the extracts issued in terms of
paragraph ( a) hereof entries in the Adopted Persons
Register shall be given consecutive numbers which
follow the last number of the acts of birth registered in
the year of birth of the adopted person, or one of suchnumbers reserved for the purpose by the Director and
relative to the year of birth of the adopted person,
which numbers shall not be allotted to acts of birth.The said year shall also be indicated.
(c) The fact that certain numbers have, according to
paragraph ( b) of this sub-articl e, been reserved for
registration of adopted persons, shall be kept secret and
confidential. A list of such  numbers shall only be given
to the department of Government dealing with
nationality, the Passport Office, the Electoral
Commission and the Marriage Registrar who shall bebound by the same secrecy and confidentiality.
(3) The Directors mentioned in s ub-article (1) shall also, if
required, give a certificate containing a true copy in full of one or
more registered acts, as well as  a certificate attesting the no n-
existence of any registration if upon a search for any suchregistration or act, such regi stration or act is not found:
Provided that the words "illegi timate father" wherever they
occur in an act of civil status registered before the 1st March , 2005
shall not be reproduced in any copy or extract of such act issu ed by
the Directors mentioned in sub-article (1), except as may beotherwise explicitly ordered or authorised by a Court:
Provided further that in an extract of any act of birth -
(a) the term ''single'', as relating to the status of the
mother, shall not be stated;
(b) when a child is born more than three hundred days
CIVIL CODE  [CAP. 16.   
from the legal separation, divorce or annulment of the
marriage of the mother no reference shall be made to
such legal separation, d ivorce or annulment of
marriage;
(c) where the child is born in wedlock, an indication of the
marriage contracted between the spouses shall be stated
in the act of birth next to the name and surname of theparents by using the word s "spouse of the said";
(d) when a child is born less th an three hundr ed days from
the legal separation, divorce or annulment of the
marriage of the mother any reference to that fact shallnot be entered.
(4)
*The Director of the Public Reg istry shall give to any person
applying for the same, a certificate, the contents of which sha ll be
prescribed, reflecting all the ac ts of civil status entered in the Public
Registry against any individual registered therein.
Probatory force of 
registers.Amended by:
XV .2012
.13.
XLIII.2018. 5.252. (1) The registers and any extracts thereof as well as the
certificates signed by the Dire ctor, manually or electronically
signed as defined in Regulation (EU) No. 910/2014 of the Europe an
Parliament and of the Council of 23 July 2014 on electronic
identification and trust services  for electronic transactions i n the
internal market, shall, until the contrary is proved, be eviden ce of
their contents.
(2) No further proof of their authenticity shall be required
beyond that which they b ear on the face of them.
Correction or 
cancellation of 
registrations. 
Amended by: L.N. 148 of 1975;
XXX.1979.3;
VII.1982
.3;
VIII.1990 .3;
III.1994 .6;
IX.2004 .14;
XXII.2005 .81;
XXIV .2011 .99;
XV .2012 .14;
XIX.2012 .16;
L.N. 426 of 2012;
XXIII.2017. 52.253. (1) It shall be lawful for any person to bring an action for
the correction or cancellation of  any registration, or for the
registration of any act which the Director, with the approval o f the
retired Judge or retired Magistrate or retired advocate of the Court of
Revision of Notarial Acts, shall have refused to receive.
(2) It shall be lawful for any person to bring an action for the
registration of the name or names , which name or names the pers on
shall have used or shall have been used for him by his family, and
which shall be declared by the co urt as being the name or names  by
which the person has been consistently called, or an entry in t he
Adoption Persons Register as the name or names given to the chi ld
and the name or names by whi ch the child is to be called:
Provided that the judicial demand mentioned in this sub-article
shall not be allowed when the name or names that the person sha ll
have used or shall have been used for him by his family, are on ly a
shortened version or an abbreviation of the name or names appea ring
on the relative act of birth.
(2A)  Where, in the circumstances mentioned in the provisions of
sub-article (2), the name or nam es that the person shall have u sed or
shall have been used for him by his family are not necessarily a
different name or names but a translated version in another Eur opean
language of the same name or names that are registered in the a ct of
*this sub-article is not yet in force.
  94     [CAP. 16.           CIVIL CODE
birth, and the use of that trans lated name or names result from  another
act of civil status of such person or from a Maltese legally va lid
identification document or passport that has been issued to him  before
the 31 December 2011, the Director of Public Registry, upon a w ritten
request which has to be sustained by a sworn declaration made b y the
person concerned, may after he is  satisfied with the correctnes s and
veracity of such request and sworn declaration, proceed by inse rting an
annotation that reflects such change of name or names in the ac ts of
civil status that c oncerns such person.
(3) The action mentioned in sub-article (2) shall include a
request that the change effected in the act of birth through th e
registration mentioned in this su b-article be reflected in ever y act
of civil status relative to the same person and, where any, to the
children and further descendants of such person; which acts sha ll
be indicated in the request by the relative number and year the reof.
(4) Any action shall be brought by way of sworn application
before the competent court against the Director.
Cap. 12.(5) In any such action, the decl aration referred to in sub-
articles (4) and (5) of  article 158 of the Code of Organization and
Civil Procedure  may also be confirmed on oath by any officer
referred to in sub-article (1) or in sub-article (4) of article  306.
Notice to interested 
parties.
Amended by: XXXI.1965.8;
XIII.2007
.13.254. (1) Fifteen days at least before the hearing of the action
referred to in the last preceding article, a notice as in Form B in
Part II of the First Schedule to this Code shall, by order of t he
court, be published in the Government Gazette, calling upon any
party interested to declare, with in fifteen days from the publi cation
of such notice, by means of a not e, whether he desires to conte st the
action.
(2) Notice of the day appointed for the trial of the action shal l
be given to any person who shall have filed such note within th e
said time.
Provisions of 
ss.253 and 254 to 
apply, without prejudice to ss. 960 
to 962 of Code of 
Organization and 
Civil Procedure . 
Cap. 12.255.  The provisions of the last two  preceding articles shall not
affect the provisions contained in articles 960, 961 and 962 of  the
Code of Organization and Civil Procedure .
Corrections, etc., 
ordered by court. 
Amended by:
XXXI.1965.13;XXXI.2002
.211.256. (1) Any correction, cancellation or registration ordered by
the court shall be made by the D irector within the time of ten days
from the day on which the judgement shall have become res judicata
and shall be made on the strength of a true copy of the judgeme nt to be
supplied to him by the Registrar.
(2) A  reference of such judgment shall be made by means of a
note in the margin of the register.
CIVIL CODE  [CAP. 16.   
Corrections 
ordered by Court 
of Revision.
Added by:II.1944.2.
Amended by:
XXXI.1965.14;L.N. 148 of 1975;
XI.1977.2;
XXIV .1995
.362;
XIII.2007 .13;
XXIV .2011 .99;
XIX.2012 .16;
XXIII.2017. 53.257. Notwithstanding the provisions of articles 253 to 256, both
included:
(a) the correction of a registration consisting in the
rectification of the erroneous indication of any one or
more of the particulars specified, in respect of each
act, in Part III of the First Schedule to this Code, mayalso be effected upon an o rder made in writing by the
retired Judge or retired Mag istrate or retired advocate
of the Court of Revision of Notarial Acts; and 
(b) where the registration of a person as a citizen of Malta
is made or is to be made on the basis of the name and,
or surname shown on the act of birth of that person and
such registration may give  rise to the creation of a
double identity or to lack  of clarity regarding the
identity of the said person due to the fact that the said
person would not still be registered by the said name
and, or surname in the official documents of another
country, the retired Judge, th e retired Magistrate or the
retired advocate of the Court of Revision of Notarial
Acts shall have the power upon the application of the
person who shall have become or who envisages thathe shall become a citizen of Malta or of the Director of
the Public Registry, to order that the necessary
annotations be made on the act of birth of the saidperson when the said act of birth is registered in the
Public Registry for the pu rpose of making the said
changes in the name and, or surname known and forthe avoidance of creating the possibility of double
identity or of lack of clarity  regarding the identity as
aforesaid.
(2) The demand for any such correction shall be made by an
application filed in the Court of Revision of Notarial Acts,accompanied by a full copy of the registration in respect of wh ich
the correction is required.
(3) A copy of any such application shall be served on the
Director of the Public Registry within two days of its being fi led.
(4) The applicant shall be requi red to produce such evidence as
the said retired Judge or retired Magistrate or retired advocat e may
deem necessary and, before making any order, he shall give to t he
Director of the Publ ic Registry an opportunity of being heard.
(5) As soon as may be after t he date of any order made as
aforesaid by the said retired Judge or retired Magistrate or re tired
advocate and, in any case, not later than ten days from such da te,
the registrar of the said court shall, at the expense of the ap plicant,
serve a copy thereof on the Director of the Public Registry and
shall cause a notice of the effect thereof to be published in t he
Government Gazette.
(6) Any person interested, including the Director of the Public
Registry, may, within six days of the publication of the said n otice
in the Government Gazette, enter  an appeal from such order by
means of an application to the Court of Appeal.
  96     [CAP. 16.           CIVIL CODE
(7) Notice of any appeal so entered by any person other than
the Director of the Public Registry shall be given to the latte r by the
Registrar of Courts not later than two days from the date of fi ling of
the application of appeal.
(8) Any correction or annotation ordered as aforesaid by such
retired Judge or retired Magistrate or retired advocate shall b e made
by the Director within ten days of the publication of the order  in the
Gazette or, where an appeal against such order has been entered ,
within six days of the day on which the matter is finally dispo sed of
by the Court of Appeal.
(9) A  reference to the order made by such retired Judge or
retired Magistrate or retired advocate or, as the case may be, to the
judgment of the Court of Appeal shall be entered in the margin of
the register against the entry affected.
Action for an 
annotation in the 
indication of sex 
particulars appearing in an act 
of birth.
Added by:XVIII.2004
.37.
Amended by:
XXII.2005 .81.257A.  (Deleted by Act XI.2015 .18).
Where court shall 
allow request.
Added by:XVIII.2004
.37.257B.  (Deleted by Act XI.2015 .18).
Changes in act of 
birth and effects thereof.
Added by:
XVIII.2004
.37.
Amended by:
VII.2013 .2.257C. (Deleted by Act XI.2015 .18).
Consequential 
correction of 
identity card.
Added by:XVIII.2004
.37.
Amended by:
L.N. 426 of 2012 .
Cap. 258.257D.  (Deleted by Act XI.2015 .18).
Correction of 
errors after declaration 
referred to in 
article 246.Amended by:
XX.1934.7.
Substituted by:VII.1982
.4.258.  Where it is found after the Director shall have signed the
declaration referred to in article 246, that an error has been made,
and such error had been incurred in transcribing an act in the
register, the correction of such error shall be made by the Dir ector
by means of a note at the foot of  the entry. Such correction sh all be
dated and signed by the Director.
Holidays. 259.  Public holidays shall not suspend the running of any of the
times established in this Title.
Inspection of 
registers by Court 
of Revision of 
Notarial Acts.260. (1) The registers as well as the acts and documents
annexed thereto shall be inspect ed twice in every year by the C ourt
of Revision of Notarial Acts.
(2) The first inspection shall take place during the months of
March and April, and the second during the months of September
CIVIL CODE  [CAP. 16.   
and October.
Duties of court. 
Substituted by:
VI.1968.5.
Amended by: 
XIII.1983 .5; 
XXXI.1986 .4; 
III.1994 .7;
L.N. 407 of 2007 .261. The court shall in the course of such inspection, ascertain
whether the provisions of this Title have been complied with by  the
Director or one of the Assistant Directors or of the officers
mentioned in sub-article (1) of article 306, as the case may be , and
it shall be lawful for the court, in respect of any contraventi on, to
inflict upon the Director or an Assistant Director or an office r
mentioned in sub-article (1) of article 306, as the case may re quire,
a fine ( ammenda ) not exceeding eleven euro and sixty-five cents
(11.65):
Provided that, where the contravention consists in the
omission of anything which is required to be done under this Ti tle
and it is not possible for the c ourt to ascertain who was respo nsible
for such omission, the contravention shall be deemed to have be en
committed by the Director and the punishment shall be inflicted
accordingly.
Persons refusing to 
give information 
concerning particulars, 262.  Any person required by the competent officer to give
information concerning the parti culars required for the drawing  up
of any of the acts referred to in this Title, who refuses to an swer
any question put to him by such officer relating to such partic ulars,
or falsely states that he does not know such particulars, shall , on
conviction by the competent court, be liable to imprisonment fo r a
term not exceedi ng three months.
or making false 
declaration,263.  Any person who, either of his own accord or when
questioned by the competent officer, knowingly makes any falsedeclaration concerning any particulars required for the drawing  up
of any of the said acts, shall, on conviction by the competent court,
be liable to the punis hment established in  the last preceding a rticle.
or disobeying any 
order.Amended by: 
XI.1977.2; 
XIII.1983
.5;
L.N. 407 of 2007 .264.  Whosoever shall, except in the cases provided in the
foregoing articles, offend against any of the provisions of thi s Title
or disobey any order given to h im under the provisions of this Title
shall, on conviction by the comp etent court, be liable to deten tion
for a term not exceeding one month or to a fine ( ammenda ) not
exceeding eleven euro and sixty-five cents (11.65).
Where offender 
after expiating punishment 
persists in refusing 
to answer.265.  If, after undergoing punishment, the offender shall persist
in refusing to answer any question put to him under the provisi ons
of article 262, or to comply with the provisions of the law, or  to
obey the order mentioned in the last preceding article, every s uch
refusal shall, each time it is repeated, be deemed to be a newoffence.
Saving as regards 
other punishments 
for more serious 
offences. Cap. 9.266. (1) Nothing in the foregoing articles contained shall
affect the application of any heavier punishment as provided in  the
Criminal Code .
(2) Any person guilty of forgery of any of the acts or registers
mentioned in this Title, or of any certificate or other documen t
which, under the provisions of th is Title, may be delivered, in  lieu
of the act, in connection with the registration of any birth,
marriage, or death, shall be liable to the punishment establish ed in
the Criminal Code  for forgery of public writings.
(3) Action shall be taken by the Police ex officio  in respect of
  98     [CAP. 16.           CIVIL CODE
any offence against the provisions of this Title.
Where several 
persons are bound, performance by 
one discharges the 
others. 267.  Where several persons are bound to give notice, or to
make a declaration, or to perform  any other act, and the obliga tion
is such as to be capable of being performed by any one of such
persons alone, the performance by any one of such persons shall
operate so as to disch arge all the others.
Fees. 
Amended by:XXXI.1965.15.
Substituted by:
XXX.1979.4.Amended by: 
IX.2000
.2;
XIII.2007 .13.268.  The fees established in Part I of the First Schedule to this
Code may from time to time be amended, substituted or added to by
regulations made by the Minister responsible for the Public
Registry and shall be levied by the officer designated by the s aid
Minister for that purpose.
Adopted Persons 
Register. 
Added by: XXI.1962.8.
Amended by:
XXVIII.1963.4; XXV .1973.2; 
III.1994
.8;
XV.2012 .15.269. (1) There shall be maintained at the Public Registry
Office in Malta and in Gozo a reg ister, to be called the Adopte d
Persons Register, in which shall be made such entries as may bedirected to be made therein by adoption decrees, but no other
entries.
(2) In the Adopted Persons Register maintained at the Public
Registry Office in Malta there shall be entered the adoption de crees
relating to any person whose act of birth is registered in that  Office
or is not registered in any Public Registry Office in these Isl ands,
and in the Adopted Persons Register maintained at the Public
Registry Office in Gozo, there shall be entered the adoption de crees
relating to any person whose act of birth is registered in that  Office.
(3) Where an entry in the Adopted Persons Register contains a
record of the date of the birth or the country or the town or v illage
of the birth of the adopted person, a certified copy of that en try
shall, until the contrary is proved, be received as evidence of  that
date or country or town or village in all respects as if the co py were
a certified copy of an act of birth.
(4) The Director of the Public Registry shall cause an index of
the Adopted Persons Register to be made and kept in the Public
Registry Office in Malta and in Gozo; and every person shall beentitled to search that index and to have a certified copy of a ny
entry signed by the Director in the Adopted Persons Register in  all
respects upon and subject to the same conditions as to payment of
fees and otherwise as mutatis  mutandis are applicable under this
Title, in respect of searches in the register books kept in the  Public
Registry and in respect of the supply from that Office of certi fied
copies or translations of entries in the register books of the acts of
birth, marriage and death.
(5) The Director of the Public Registry shall, in addition to th e
Adopted Persons Register and the index thereof, keep such other
registers and books, and make su ch entries therein, as may be
necessary to record and make traceable the connection between a n
entry in the register book of act s of birth which has been mark ed
"Adopted" pursuant to article 125 or article 290, and any
corresponding entry in the Adopted Persons Register; but the
registers and books kept under th is sub-article, the adoption d ecrees
and any amendment thereof communicated to the Director of the
CIVIL CODE  [CAP. 16.   
Public Registry, and any index thereof shall not be open to pub lic
inspection or search, and nor shal l the Director of the Public Registry
furnish any information containe d in or any copy or extract fro m any
such registers, books or decrees  to any person, except under an  order
of a court or in exceptional case s, to any public officer duly authorised
for that purpose by the Mini ster responsible for justice.
Functions of a 
diplomatic or 
consular representative in 
relation to acts of 
civil status.Added by:
VI.1968.6.
Amended by:VII.1982
.5;
XXIV .2011 .99;
XIX.2012 .16.270. (1)  A diplomatic or consul ar representative, when so
requested by any person interest ed, shall, in respect of a chil d who
is born or of a person who dies in a foreign country and is a c itizen
of Malta -
(a) draw up the act of birth of such child or the act of
death of such person and record such act in an apposite
register;
(b) receive for registration the act of birth of such child or
the act of death of such pers on issued by the competent
authority of the place wher e the birth or death has
taken place and record such act in the apposite register
referred to in the last  preceding paragraph.
( 2 ) W h e r e  a  c i t i z e n  o f  M a l t a  m a r r i e s  i n  a  f o r e i g n  c o u n t r y ,  a
diplomatic or consular represent ative shall receive for registr ation,
at the request of either of the parties contracting such marria ge or
any parents of either of them, any act which according to the l aw of
the country where the marriage has taken place is evidence of t he
marriage and shall record such act in an apposite register.
( 3 ) T h e  p r o v i s i o n s  o f  t h i s  T i t l e  s h a l l ,  a s  f a r  a s  p r a c t i c a b l e ,
apply to and for the purpose of the acts drawn up and the regis ters
kept under the provisions of the foregoing sub-articles by
diplomatic and consular representatives, who shall have in resp ect
of such acts and registers the s ame powers, rights and obligati ons
as are in this Title conferred or  imposed upon the Director of Public
Registry.
(4) The registers referred to in sub-articles (1) and (2) of thi s
article shall be kept for yearly periods and shall contain an
alphabetical index of the registrations entered therein. A  certified
duplicate copy of such registers with the diplomatic or consula r
representative’s signature immediately after the last entry
transcribed therein shall be tra nsmitted to the Director of Pub lic
Registry, for preservation in the Public Registry in Malta, not  later
than the 31st day of March of the year immediately following th e
year to which the registers refer, and the provisions of articl es 251,
252, 253, 254, 255, 256 and 257 shall apply in regard to theregistrations contained in such d uplicate registers as if they were
registrations in the register books mentioned in article 238.
(5) The Director of the Public Registry, within thirty days of
any correction, cancellation or annotation which he makes in a
duplicate register pursuant to the judgment of a court or to th e order
of the retired Judge or retired Magistrate or retired advocate of the
Court of Revision of Notarial Acts, shall inform of such correc tion,
cancellation or annotation the di plomatic or consular represent ative
in the country where the original register is kept who shall
  100     [CAP. 16.           CIVIL CODE
forthwith cause the same correction, cancellation or annotation , as
the case may be, to be made in su ch register and shall initial it.
(6) Any person who before a diplomatic or consular
representative commits the offen ce referred to in article 263 m ay in
Malta be prosecuted, tried and punished for such offence in the
same manner and to the same extent as if the offence had been
committed in Malta.
Cap. 9.(7) Any person who suppositiously represents to a diplomatic
or consular representative an infant to have been born of a wom an
who had not been delivered of a child so as to cause such
representative to draw up an act of birth under sub-article (1)  of
this article shall be prosecuted, tried and punished in Malta i n the
same manner and to the same extent as if he had committed in
Malta the corresponding offence mentioned in article 210 of theCriminal Code
.
(8) The provisions of sub-article s (6) and (7) of this article
shall not apply if the person who has committed the offence has
been tried for the sam e facts constituting it in another countr y.
(9) Any reference in this article  to a diplomatic or consular
representative shall be deemed t o be a reference to the diploma tic
or consular representative of the Government of Malta in the
foreign country where a birth, m arriage or death has taken plac e.
Power to make 
regulations. 
Added by: 
XXV .1973.3. Substituted by: 
III.1994
.9.
Amended by:IX.2000
.2;
XXV .2014 .4.271. (1)  The Minister responsible for the Public Registry may
make regulations:
(a) providing for the making of duplicates of original acts
of civil status or other documents relative to civil
status, entered in the Public Registry in virtue of this
Code or of any other law, as well as duplicates of therelative registers of such acts or documents, as well as
duplicates of the relative index of such acts,
d o c u m e n t s  o r  r e g i s t e r s  w h e r e  t h e  o r i g i n a l  a c t ,document, register or index has been lost, destroyed or
damaged, whether such loss, destruction or damage
has occurred by wear and tear or otherwise;
(b) prescribing the mode in which such duplicates shall be
prepared and authenticated;
(c) prescribing that any acts, documents, registers or
indices referred to in paragraph ( a) be reproduced by
microfilming, and the mode in which suchreproductions are to be made, stored and made
accessible to the public;
(d) prescribing the manner in which reproductions made
by microfilming and copies thereof may be
authenticated;
(e) providing for the computerisation, including storage of
information taken from any act or document entered inthe Public Registry and for the production of
documents containing statements of such information
and the authenticatio n of such documents;
CIVIL CODE  [CAP. 16.   
(f) prescribing the form of the application for the issue of
certificates contain ing a full copy or an extract of any
act, document, register or index;
(g) adding new forms or amending or modifying any of
the forms in Part II of the First Schedule to this Code;
and
(h) providing for any matter incidental or supplementary
to any of the for egoing provisions.
(2) Any duplicate copy made in  accordance with  regulations
made under sub-article (1) shall for all intents and purposes,replace the relative o riginal act, document , register or index.  
Sub-title II
OF ACTS OF BIRTH
Persons bound to 
give notice of birth 
of child.
Amended by:VIII.2007
.6.;
XV .2012 .16;
XXIII.2017. 54.272.  In the case of every child born, it shall be the duty of
parents, and in default of both, of the physician, surgeon, mid wife,
or any other person in attendance at the birth, or in whose hou se the
birth has taken place, to give, wi thin fifteen days of such bir th,
notice thereof to the officer cha rged with the duty of drawing up the
act of birth.
How notice is 
given. 
Amended by: 
XXII.1939.3.273. (1) Notice of the birth may be given by transmitting to
the said officer a certificate of  baptism, signed by the parish  priest
or other clergyman who shall have baptised the child.
(2) Any such certificate shall, i f it contains the particulars
required for the draw ing up of the act of birth, be accepted in  lieu
of the declaration mentioned in the following articles, and, th e said
officer, if satisfied as to the correctness of the particulars therein
contained, may, on such certifi cate, draw up the  act of birth.
(3) In any case, however, the cer tificate of baptism shall be
delivered to the Director toge ther with the act of birth.
Verbal or written 
notice.
Amended by:XLIII.2018.
6.274.  Notice of the birth of a child may also be given by means
of a letter signed by the person giving the notice by electroni c
means, or verbally; in the latte r case, the person giving the n otice
shall attend personally before t he officer charged with the dut y of
drawing up the act of birth.
Where notice is 
given personally 
by any one of the 
parents.Amended by:
VIII.2007
.7;
XXIII.2017. 55.275.  Where, under the provisions of the last preceding article,
the notice of the birth is given personally by any one of the p arents
of the child, the said officer shall, upon the declaration made  by the
father or the mother respecting the particulars required for dr awing
up the act of birth, draw up such act without any delay.
  102     [CAP. 16.           CIVIL CODE
or by any other 
person.
Substituted by:
VIII.2007 .8.
Amended by:
XXIII.2017. 56;
XLIII.2018. 7.276.  Where notice of the birth is given by any person other than
by any one of the parents of the child, or where such notice is  given
by the parents or any other person by means of a letter, the sa id
officer shall, within the three next following days, require an y one
of the parents of the child, or both, to attend at his office t o make
the declaration respectin g the said particulars:
Provided that in the case where such notice is given by
electronic means by the parents of the child, the officer shall  not
require the parents to attend his  office to make the declaratio n
respecting the said particulars:
Provided further that, notwithstanding anything found in this
article, the officer may, in any case as he deems fit, require the parents
to attend his office.
Duties of officer, in 
default of any one of the parents.
Amended by:
VIII.2007
.9;
XXIII.2017. 57.277. (1) In default of any one of the parents of the child, or if
no notice has been given, the sa id officer shall require any pe rson
whom he believes to have knowledge of the particulars required for
the drawing up of the act, to attend in order to make the decla ration
concerning such particulars.
(2) The same shall apply where th e said officer is not satisfied
as to the correctness of the parti culars given to him by any on e of
the parents or any other person, or contained in the certificat e
mentioned in article 273.
Particulars of act of 
birth. 
Amended by:
XXI.1933.2;XXXI.1965.8;
XXX.1995
.2;
VIII.2007 .10;
XIII.2007 .13;
XVIII.2007 .4;
L.N. 426 of 2012 ;
XI.2015 .18;
XX.2015 .7;
XXIII.2017. 58.278. Every act of birth shall be drawn up in accordance with
Form C in Part II of the First Schedule to this Code and, savin g any
other provisions, it shall contain the following particulars:
(a) the date of the act itself;
(b) the hour, day, month, year, and place of birth; 
(c) the sex of the child:
Provided that the identifica tion of the sex of the minor
may not be included until the gender identity of theminor is determined.
(d) the name given to the child, and, where more names
are given, a special indicat ion of the name or names by
which the child is to be called and the surname of thechild;
(e) the name, surname, a legally valid identification
document, age, place of birth and residence of the
parents of the child, the mother or mothers, and theperson making the declaration:
Provided that:
(i) where the child is born in wedlock, an indication
of the marriage contracted between the spouses
shall be stated in the act of birth next to the nameand surname of the person who gave birth by using
the words "spouse of the said";
(ii) when a child is born more than three hundred
days from the legal separation, divorce or
CIVIL CODE  [CAP. 16.   
annulment of the marriage of the person who
gave birth no reference shall be made to such
legal separation, divorce or annulment ofmarriage of the person who gave birth;
(iii) when a child is born less than three hundred days
from the legal separation, divorce or annulment
of the marriage of the person who gave birth areference shall be made to such fact in the act of
birth instead of the word s indicated in paragraph
(i) of this proviso;
(iv) where the provisi ons of article 280(2)( a) apply a
reference to such fact shall be made in the act of
birth;
(f) the name and surname of the parents of each of the
parents of the child, and of the parents of the personmaking the declaration, statin g whether the are alive or
dead.
Registration of 
names.
Added by:XV .2012
.18.
Amended by:
L.N. 311 of 2012 ;
L.N. 465 of 2012;
XXIII.2017. 59.278A.  (1) The Director of Public Registry may refrain from
registering the name or names given to the child in the relativ e act
of birth, if the name or n ames, given to the child:
(a) is shorter than three letters;
(b) includes numbers or symbols;
(c) is a common surname in Malta;
(d) is derived from an obscene or offensive word or it
consists of a word or words associated with sexualactivity; or
(e) exposes the child to ridicule or contempt.
(2) It shall be lawful for any person to request the Director of
the Public Registry, by means of a signed declaration submitted  in
Form V contained in Part II of the First Schedule to this Code,  to
make an annotation in his act of birth or in the Adopted Person s
Register in order to:
(a) correct any minor spelling variations to his name;
(b) use a "to be called name" resulting from any act of
civil status of such per son or from a Maltese
identification document or passport:
Provided that such act of civil status or Maltese
identification document or passport of such person wasissued prior to 1st December 2012.
(3) The declaration made in Form V contained in Part II of the
First Schedule to this Code shall be irrevocable and shall be
accepted by the Director of the Public Registry upon the paymen t
of a fee as prescribed by the Minister responsible for the Publ ic
Registry. 
(4) If the Director of the Public Registry allows the request, the
annotation referred to above, sha ll be effective as from the da y
when he shall enter such modifi cation in the act of birth and t he
"extract" mentioned in article 251 shall indicate the particula rs
  104     [CAP. 16.           CIVIL CODE
resulting from such annotations.
Cap. 258.( 5 ) A  p e r s o n ,  i n  r e s p e c t  o f  whom changes in particulars
relating to his change in names have been annotated in accordan ce
with the preceding provisions, shall report the fact to the aut horised
officer under the Identity Card and other Identity Documents Act
who shall issue a new identity card that indicates the particul ars in
accordance with the annotation wr itten in the relative act. The
expenses for the issue of the new  identity card shall be borne by the
person who changed his particulars.
Children conceived 
and born out of wedlock.
Amended by:
XX.1934.8;XVIII.2004
.38;
VIII.2007 .11;
XVIII.2007 .4.279. (1) In the case of a child conceived and born out of
wedlock, the name of the father shall not be stated in the act,  except
at the request of the person ack nowledging himself before the
officer drawing up the act to be the father of such child and t he
mother’s single status shall not be declared or in any other ma nner
indicated.
(2) Where the child is not acknowledged jointly by both the
father and the mother, the provisions of article 86 shall apply .
(3) Where no such request is made, there shall be stated in the
proper place in the act  that the father of the child is unknown .
When the person 
who gave birth to the child is 
married.
Amended by:XXIV .2011
.99;
XV.2012 .19;
XIX.2012 .16;
XXIII.2017. 60.280. (1) Where the person who gave birth to the child is married,
the name of the other spouse shall be entered in the act as tha t of
the parent, notwithstanding any declaration to the contrary, sa ving
any correction which may subsequently be made upon a judgment
in regard to the filiation of the child.
(2) The provisions of this article shall not apply - 
(a) if the other spouse was, during the whole period of the
three hundred days next pr eceding the day of the birth
o f  t h e  c h i l d ,  a b s e n t  f r o m  M a l t a ,  a n d  s u c h  a b s e n c e  i s
attested in writing and on oath before the retired Judge
or retired Magistrate or retired advocate of the Court ofRevision of Notarial Acts by at least two trustworthy
persons;
(b) if one of the spouses had, during the whole of the said
period, lived legally separat ed from the other spouse; or
(c) if before the notice of the birth is given the spouses
together declare in writing and on oath before the
retired Judge or retired Magistrate or retired advocate of
the Court of Revision of Notarial Acts that during thewhole period of the three hundred days next preceding
the day of the birth of the child they did not have a
sexual relationship together.
CIVIL CODE  [CAP. 16.   
Particulars 
respecting the 
person who gave 
birth to a child conceived and born 
out of wedlock. 
Amended by:VII.1985
.2;
XII.1986 .4;
XVIII.2004 .39;
XIII.2007 .13;
XXIV .2011 .99;
XIX.2012 .16.
Substituted by:
XXIII.2017. 61.281. (1) In the case of a child conceived and born out of
wedlock, where notice of the bir th of such child  or the declara tion of the
particulars concerning the birth of such child has not been giv en or made
by the person who gave birth to such child, or by either of suc h person’s
parents, or siblings, the said officer shall, at least two days  before
entering in the act the particulars relating to the person who gave birth to
the child, give notice to the person who shall have been indica ted to him
as the person who gave birth to the child, or to either of such  person’s
parents; and if, within the said two days, it shall be denied t hat such
person is the person who gave birth to the child, the officer s hall make a
report thereof to the retired Ju dge or retired Magistrate or re tired
advocate of the Court of Revision of Notarial Acts, who, afterexamining on oath such person and any other person whom he beli eves
to be able to give correct information, shall, if satisfied tha t such person
is the person who gave birth to the child, order that such pers on’s name,
together with such other particul ars as are required under the provisions
of the foregoing articles, be entered in the act of birth, and that the
depositions taken be delivered, in original, to the Director to gether with
the act.
(2) In the case of a child conceived and born out of wedlock
notice of whose birth has not b een given, and the person who ga ve birth
to the child and such person’s parents are dead or cannot be fo und,
notice of the birth may at any time be given to the said office r by any
person bound to give such notice as heretofore, or by any perso n having
an interest or by the child or i ts lawful representative and th e said officer
shall make a report thereon to t he retired Judge or retired Mag istrate or
retired advocate of the Court of Revision of Notarial Acts who shall
cause a notice in the Form BB in Part II of the First Schedule to be
published in the Gazette, calling  upon any party interested to declare,
within fifteen days from the publication of that notice, by mea ns of a
note, that he desires to contest such registration, and on the expiration of
such period and after examining on oath any person whom he beli eves to
be able to give correct informati on, whether such person shall have filed
a note or otherwise, and followin g the examination of any docum entary
evidence that may be produced, shall, if satisfied that the per son who
gave birth to the child has been established, order that the na me and
surname of the person who gave b irth to the child, together wit h such
other particulars as are required under the provisions of the f oregoing
articles, be entered in the act o f birth, and that the depositi ons taken be
delivered, in original, to the Di rector together with the act.
(3)  In any case referred to in s ub-articles (1) and (2) the act  of
birth shall be countersigned by the said retired Judge or retir ed
Magistrate or retired advocate.
Signing of act. 
Amended by: 
XXI.1933.4;XLIII.2018.
8.282. (1) On the entry of the particulars concerning the birth of
a child, the act shall be read t o the person making the declara tion of
such particulars; it shall thereupon be signed by such person a nd
then by the officer d rawing up the act:
  106     [CAP. 16.           CIVIL CODE
Provided that in the case that th e said particulars are given b y
electronic means, this s ub-article shall not apply.
(2) Where the person making the declaration states that he is
unable to write, an entry of such fact shall be made by the sid e of
the declarant’s name.
Still-born children. 283. (1) In the case of a still-born child, the fact of stillbirth
shall be stated in the act.
(2) Where the child, having been born alive, dies at any time
before the drawing up of the act, the act of death shall be dra wn up
immediately after the act of birth.
(3) In case of abortion, an act of birth shall only be drawn up
where the foetus shall have co mpletely assumed the human form.
Officer may 
require to see the child.284.  It shall be lawful for the officer drawing up an act of birth
to demand to see the child, be fore drawing up such act.
Children born at 
sea. Amended by:
XXII.1939.4;
IX.1971.3;XI.1973.377;
XI.1977.2;
XVII.1991
.81;
XV.2009 .49;
XLIII.2018. 9.285. (1) In the case of any birth at sea, on board a vessel
registered in Malta, the master shall, within twenty-four hours  enter
in his log-book the fact of such birth with the particulars req uired
under articles 278, 279, 280 and 283.
(2) Upon the arrival of such vessel in Malta, the Authority for
Transport in Malta shall transmit a copy of such entry to the o fficer
charged with the drawing up of t he acts of birth in Malta, who shall
forthwith draw up the act of birth of such child.
(3) Where the arrival of such vessel in Malta does not take
place within three months after t he birth of the child, the mas ter
shall, not later than three months after the said birth, transm it a
copy of the relative entry to the Authority for Transport in Ma lta
who shall deal with it as if the said vessel had arrived in Mal ta.
Children born at 
sea on board a 
vessel that is not 
registered in any place.
Added by:
XII.2015
.5.285A.  (1) The Director of the Public Registry may, for
humanitarian reasons only, register the birth of children that were
born at sea on board a vessel that is not registered in any pla ce and
provided that it results that the Maltese islands were the firs t
harbour where such vessel disemb arked immediately after the bir th
of such child.
(2) The Director shall proceed with  such registration if he is
satisfied, by means of scientifi c verifications, assurances of
geographical co-ordinations and any other verifications orassurances that the Director deem s appropriate, that the child was
born at sea on board a vessel th at is not registered under any
jurisdiction. In such cases, the place of birth of the child sh all be
listed as born at sea.
Cap. 188. (3) The registration made under this article shall in no way
affect or prejudice th e provisions of the Maltese Citizenship Act .
CIVIL CODE  [CAP. 16.   
Duty of the parent 
who did not give 
birth, or, in default, 
of the parent who gave birth.
Amended by:
VI.1968.8;XXIV .2011
.99;
XIX.2012 .16;
XXIII.2017. 62.286. (1) Nothing contained in article 285 shall affect the
obligation of the parent who did not give birth, or, in default , of the
parent who gave birth to the child, to make, within five days f rom
their arrival in Malta, the declaration of the particulars conc erning
the birth of the child to the officer who, having regard to the  place
of residence of the par ent who did not give birth, or, in defau lt, of the
parent who gave birth to the child, is charged with the duty ofdrawing up the act of birth; and such officer shall, upon such
declaration, proceed to draw up the act of birth, unless such a ct
shall have already been drawn  up and registered under the
provisions of article 285.
(2) If the particulars contained in the said declaration or any of
them differ in any respect from the corresponding particulars
entered in the registered act, or if any of the particulars con tained
in the said declaration is omitted from the registered act, acorrection in the register may be made under the authority of t he
retired Judge or retired Magistrate or retired advocate of the Court of
Revision of Notarial Acts, who shall countersign such correctio n.
Foundlings. 
Amended by: XXI.1933.5; 
XXXI.1965.8;
XIII.2007
.13.287. (1) Where any new-born child is found, the officer
charged with the duty of drawing up the acts of birth in the pl ace
where such child is found, shall, with the assistance of one or  more
Government District Medical Officers, draw up an act to be styl ed
"repertus ", according to Form D in Part II of the First Schedule to
this Code.
(2) In such act the said officer shall enter the following
particulars- the apparent age and the sex of the child, the nam e
given by him to the child, the place where the child was found,  the
person or institution in whose  charge the child was placed, whe ther
the child bore any apparent mark, the kind of clothing and any
other object found on the person of the child.
(3) Such act shall also be delivered to the Director for
registration as in the cas e of an act of birth.
Acts of birth to be 
delivered for 
registration. 288.  The officer drawing up an act of birth or  a repertus, shall,
within two days from the day on which such act or  repertus was
drawn up deliver the same to th e Director for  registration.
Where, after 
registration, 
paternity of a child conceived or born 
outside wedlock is 
established.Amended by:
XXXI.1965.18;
XVIII.2004
.40;
XV .2012 .20.289. (1) Where, after an act of birth of a child conceived and
born outside wedlock has been registered without indication of the
name of the father, the paternity of such child is determined b y a
judgment of the court, the name of the father may, at the reque st of
any person interested, be entered by means of a note in the mar gin
of the register.
(2) The same shall apply where,  a f t e r  t h e  r e g i s t r a t i o n  o f  a
repertus it becomes known who the parents of the foundling are,
either by means of a declaration made by themselves or by a
judgment of the court.
  108     [CAP. 16.           CIVIL CODE
Adoption or 
presumption that a 
person was 
conceived or born in wedlock.
Amended by:
XXI.1962.9;XVIII.2004
.41.290. (1) The presumption applicable to a person conceived and
born out of wedlock in virtue of article 102 shall also be ente red in
the register by means of a note in the margin, and, where sub-
article (3) of article 125 falls to be applied, the adoption of  any
person shall be entered in the register by means of the marking
referred to in that sub-article.
(2) In the case of such presumption, it shall be stated in the
note whether the presumption took place by subsequent marriage or
by a decree of the competent court.
(3) The registration of the presumption of any person whose act
of birth is not registered in the Public Registry shall be made  in a
book kept for the purpose, and, in any such registration, there  shall
be stated all such particulars as are required for the drawing up of
an act of birth or such of them as may be known.
Documents to be 
produced.Amended by:
XXI.1962.10;
XVIII.2004
.42.291. (1) The party making the request for any entry as
provided in the last two precedin g articles shall deliver to th e
Director an authentic copy of the public deed, judgment or decr ee,
relating to the judicial declaration of paternity or maternity,  or
presumption in virtue of articles 101 to 112.
(2) In the case of a presumption arising out of subsequent
marriage, which has been duly registered, a reference to suchregistration shall be made in the note: where the marriage has not
been registered, the entry shall not be made unless the party m aking
the request for the entry shall deliver to the Director a docum ent
attesting the celebra tion of the marriage.
Presumption in 
virtue of subsequent 
marriage.
Substituted by:XVIII.2004
.43.292.  Where a presumption arising out of subsequent marriage
applies to a child conceived and born out of wedlock, and suchmarriage took place prior to the registration of the birth of s uch
child, the act of birth of such c hild may be drawn up directly as in
the case of a child concei ved or born in wedlock.
Surname of child.
Added by:XVIII.2004
.44.
Amended by:
VIII.2007 .12.292A.  The person giving notice of the birth shall also deliver a
declaration by the parents of th e child indicating the surname to be
used by the child in terms of article 4(3) or of article 92, an d such
surname shall be registered in the column under the heading "Na me
or names by which the child is t o be called and Surname" in the  act
of birth immediately after such name or names. Where no such
declaration is made in the case of a child conceived and born i n
wedlock the father’s surname shall be presumed to have been sodeclared and in the case of a child conceived and born out of
wedlock the maiden surname of th e mother shall b e presumed to b e
the surname so declared.
CIVIL CODE  [CAP. 16.   
Sub-title III
OF ACTS OF MARRIAGE
Particulars of act of 
marriage. Amended by: 
XXXI.1965.8; 
XXXVII.1975.23; XXII.1976.3; 
XXX.1995
.3;
XIII.2007 .13;
L.N. 426 of 2012;
XXIII.2017. 63. 293. Where any marriage takes pl ace, the parties contracting
such marriage shall draw up or cause to be drawn up an act, inaccordance with Form E in Part II of the First Schedule to this
Code, entering therein -
(a) the date of the act;
(b) the name, surname, date and pl ace of birth, a legally valid
identification document and place of residence of theparties;
(c) the name, surname, date and place of birth and place of
residence of the witnesses present at the solemnization
of the marriage;
(d) he name and surname at birth  and after marriage of the
parents of the parties;
(e) the day, month and year when, and the church, chapel,
or other place where th e marriage took place; 
(f) a declaration as to the sole mnization of the marriage
signed by both of the parties, or if the marriage takes
place by proxy by the proxy a nd by the other party, in
the presence of and countersigned by an officer of theMarriage Registry or other person authorized for the
purpose by the Marriage Registrar.
Delivery of act of 
marriage. 
Substituted by:
XXXVII.1975.23.294.  The act of marriage shall, as soon as it is completed and
signed, be delivered for registration to the person by whom the
declaration referred to in paragraph ( f) of article 293 is
countersigned, and such person shall at the earliest opportunit y take
all such steps as may be required for its registration by the D irector.
Entry of decisions, 
declarations and 
prohibitions 
affecting marriage.Substituted by:
XXXVII.1975.23;
III.1994
.10.
Amended by:
XIV.2011 .10;
L.N. 218 of 2012;
XXIII.2017. 64. 295.  (1) Any judgment or other decision given by a competent
court whereby a registered marriage is annulled or the status
resulting therefrom is affected shall, at the request of any pe rson,
be entered in the register by means of a note in the margin:
Provided that where a judgement or a decree of divorce are
given by the competent civil court, these shall be registered i n
accordance with article 66A(4).
(2) The person making the request shall deliver to the Director
an authentic copy of the relevant judgement or other decision.
( 3 ) T h e  D i r e c t o r  s h a l l  a l s o  e n t e r ,  b y  m e a n s  o f  a  n o t e  i n  t h e
margin of an act in respect of a registered marriage, any decla ration
made by a married woman on the Form Q delivered by her in
accordance with the provisions o f article 4(5), as well as any
revision to the maiden surname or any prohibition of use of the
husband’s surname referred to:
(a) in a note of personal separation between the spouses
enrolled in accordance with article 62A, and a
reference to the date and place of marriage shall be
  110     [CAP. 16.           CIVIL CODE
made in any such note of enrolment; or
(b) in a judgment or decree of divorce registered in
accordance with article 66A(4).
Act XXIII of 2017. (4) In respect of a marriage c ontracted after the coming into
force of the Marriage Act and other Laws (Amendment) Act,
2017*, the Director shall also enter, by means of a note in the
margin of the act of marriage any revision to their surname at birth
or to the surname of their previous marriage or any prohibition  of
use of the surname of the other spouse referred to: 
(a) in a note of personal separation between the spouses
enrolled in accordance w ith article 62A, and a
reference to the date and place of marriage shall bemade in any such note of enrolment; or
(b)  in a judgment or decree of divorce registered in
accordance with article 66A(4).
Act of civil union.
Added by:IX.2014
.13.
Cap. 530.295A.  (1) The provisions of this Sub-title shall mutatis mutandis
apply to civil unions contracted under the Civil Unions Act .
(2) An act of civil union shall be  in the form stipulated in For m
EE in Part II of the First Schedule to this Code.
Sub-title IV
OF ACTS OF DEATH
Notice of death by 
physician, Amended by: 
XXXI.1965.8;
XIII.2007
.13;
XV.2012 .21;
XLIII.2018. 10.296. (1) On the death of any person, the physician or surgeon
in attendance during the last illness who of his own personalknowledge or from information obtained from any other person is
aware of such death shall, without delay, give notice thereof i n
writing, manually or electronica lly signed as defined in Regula tion
(EU) No. 910/2014 of the European Parliament and of the Council  of
23 July 2014 on electronic identification and trust services fo r
electronic transactions in the internal market, according to Fo rm F in
Part II of the First Schedule to this Code, to the officer char ged
with the duty of drawing up the act of death, specifying the ho use
or other place in which such person died, the cause of death, a nd
the hour at which th e death occurred.
(2) Such physician or surgeon may deliver the notice to any
adult member of the family of th e deceased, to be transmitted t o the
officer above-mentioned or such notice may be delivered by elec tronic
means.
(3) The provisions of this artic le shall not apply, if the decea sed
is one of the persons, on the occasion of whose death the drawi ng
up of an act of death is not, under the provisions of article 2 35,
required for the purposes of this law.
*The provisions of Act XXIII of 2017 came into force on the 1st  of September,
2017. See Legal Notice 212 of 2017.
CIVIL CODE  [CAP. 16.   
by members of 
family.
Amended by:
XLIII.2018. 11.297.  In the case of death of any person who has not been
attended by a physician or surgeon, it shall be the duty of the
members of the family and of the  domestic servants of the decea sed
as well as of the person occupying the house or other place inwhich the death occurred, or havi ng the management of such hous e
or place, to give notice of such death:
Provided that such notice may be given either by its delivery,
by any person, to the officer re ferred to in article 296(1) or by it being
delivered by electronic means.
Certificate of 
person presumed dead. 
Added by:
LIV .1974.8.Amended by:
XIII.2007
.13.298. (1) If after the disappearance of a person a magisterial
enquiry is held and the enquiring magistrate is of the opinion that,
taking all the circumstances of the disappearance into consider ation
the conclusion is that the person is probably dead, then a copy  of
the procès-verbal shall be transmitted by the enquiring magistrate
to the officer charged with the drawing up of the act of death and
such officer shall, within two days from the receipt of the cop y of
the procès-verbal , draw up according to Form G in Part II of the
First Schedule to this Code a provisional act of death of the p erson
whose disappearance has been established by the procès-verbal.
The same officer shall, within two days from the drawing up of the
said provisional act of death, d eliver the same to the Director  for
registration.
(2) The provisional act of death shall become final after the
lapse of one year from th e date of registration.
(3) For the purposes of this article the enquiring magistrate
shall indicate in the procès-verbal all the particulars mentioned in
paragraphs  (a), (b), (c) and ( d) of article 301 and the probable time,
date and place of the disappear ance of the person concerned.
Certificate of 
absent person 
presumed dead. 
Added by:LIV .1974.8.
Amended by:
LVIII.1974.68;XIII.2007
.13;
XXV .2019 .26.299. (1) If the absence of a person has continued for a period
of six years since provisional possession has been granted or i f the
absence has been declared by judgment as provided under article
223 and such person is not one in respect of whose death theprovisions of article 234 are not applicable in terms of articl e 235,
then the heirs, whether testamen tary or heirs-at-law of the abs entee,
or their heirs, or any interested person or the State Advocate,  may
make a demand to the court of voluntary jurisdiction in the isl and
in which the absentee last resided to order the officer charged  with
the duty of drawing up the act of death, to draw up and deliver  to
the Director for regis tration within four days from that order,  a
certificate of death of the abse nt person according to Form G i n
Part II of the First S chedule to this Code.
(2) The absent person shall be presumed to have died on the
day on which he was last heard of, and that date and all theparticulars referred t o in article 301, whe re known, shall be e ntered
in the act of death.
Return of absentee 
after final 
certificate of death. 
Added by: LIV .1974.8.300.  Whenever a final certificate of death is drawn up and
registered in accordance with article 298 or 299 and the person
whose death has been so register ed subsequently returns or his
existence is established, the pr ovisions of article 226 shall a pply.
  112     [CAP. 16.           CIVIL CODE
Particulars of act of 
death. 
Amended by:
XXI.1936.6;XXII.1939.5;
XXXI.1965.8;
XXX.1995
.4;
XIII.2007 .13;
L.N. 426 of 2012 ;
XX.2015 .8.301.  The officer mentioned in article 296, howsoever he may
have received information of the  death of any person, shall, af ter
ascertaining such death, draw up , within two days from the rece ipt
of such information, an act according to Form G in Part II of t he
First Schedule to this Code containing the following particular s:
(a) the date of the act;
(b) the name, surname, a legally valid identification
document, age, place of birth, and place of residence of
the deceased;
(c) the name and surname of each of the parents of the
deceased stating whether they are alive or dead;
(d) the name, surname of the man or woman, if the dead
person was married, in a civil union, or a widow or
widower;
(e) the hour, day, month, and year when, and the place
where the death occurred , and the place where the
deceased was, or will be, buried;
(f)  the cause of death.
Powers of officer 
to collect 
information.302.  The said officer shall, for the purpose of collecting or
ascertaining the particulars specified in the last preceding ar ticle,
have the same powers as under article 277 are vested in the off icer
charged with the duty of drawing up acts of birth.
Duties of officers 
of hospitals, etc.303. (1) The superior officer of ev ery hospital, asylum or other
public charitable institution, shall take steps to collect, fro m the
time of admission, the particul ars specified in paragraphs ( b), (c)
and (d) of article 301, in regard to every person admitted into the
institution under his charge.
(2) The same shall apply to the superior officer of any prison,
in regard to any prisoner.
(3) The police shall give to the said officers such assistance a s
may be required to enable them to comply with the provisions of
this article.
(4) The provision of this article shall not apply to military or
naval hospitals or prisons.
Deaths at sea. 
Amended by:
XXII.1939.6;
IX.1971.3;XI.1973.377;
XVII.1991
.81;
XV.2009 .49;
XLIII.2018. 12304. (1) Where any person dies at sea, on board a vessel
registered in Malta, the master shall, within twenty-four hours ,
enter in his log-book the fact of such death with the particula rs
specified in article 301.
(2) Upon the arrival of such vessel in Malta, the Authority for
Transport in Malta shall transmi t a copy of such entry to the o fficer
in charge with the drawing up of the acts of death in Malta, wh o
shall forthwith draw up the act  of death of such person:
Provided that such notice may also be delivered by electronic
means.
(3) Where the arrival of such vessel in Malta does not take
place within three months after t he said death, the master shal l, not
later than three months after th e said death, transmit a copy o f the
CIVIL CODE  [CAP. 16.   
relative entry to the Authority for Transport in Malta who shal l deal
with it as if the said ve ssel had arrived in Malta.
Acts of death to be 
delivered for 
registration.305.  The officer drawing up an act of death, shall, within two
days from the drawing up of the act, deliver the same to the
Director for registration.
Exercise of 
functions assigned 
to the Director. Added by: 
VI.1968.11. 
Amended by: XXXI.1986
.4. 
Substituted by: 
III.1994 .11.306. (1) Any officer who holds the degree of doctor of laws
and either a warrant to practise as an advocate or a warrant to
practise as a notary public and who performs duties in the Publ ic
Registry may exercise all or any  of the functions which are und er
any provision of this Code or of any other law assigned to the
Director of the Public Registry, and that law shall be construe d
accordingly.
(2) In the exercise of any such function, the said officer shall
have the same powers and the same obligations as are conferred or
imposed upon the Director, without prejudice to the provisions of
sub-article (4) of this article.
(3) The words ‘signed by the Director’ or words to similar
effect, with reference to certifi cates of civil status, shall b e taken to
include any seal, emblem or si gnature made or processed by
photographic means, by print or in any other form at the discre tion
of the Director as further authen ticated by the signature of th e
issuing officer authorised for the purpose by the Director.
(4) The officers referred to in t his article shall, in the exerc ise
of their functions under this Code or any other law, be subject  to
the authority, direction and cont rol of an Assistant Director s o
delegated by the Director of the Public Registry and referred t o in
this article as the Deputy Director:
Provided that the exercise of the Deputy Director’s powers
under this article shall be without prejudice to the overall au thority
of the Director.
(5) The Director of the Public  Registry shall be the only
competent person to represent in  any capacity the Public Regist ry
in any legal proceedings unde r this Code or any other law.
  114     [CAP. 16.           CIVIL CODE
BOOK SECOND
OF THINGS
PART I
OF RIGHTS OVER THINGS
Title I
OF THINGS AND THEIR DIFFERENT KINDS
Movable or 
immovable 
property.307.  All things which can be the subject of private or public
ownership are either movabl e or immovable property.
Sub-title I
OF IMMOVABLE PROPERTY
Immovable 
property.308.  The things following are immovable by their nature:
(a) lands and buildings;
(b) springs of water;
(c) conduits which serve for the conveyance of water in a
tenement;
(d) trees attached to the ground;
(e) fruits of the earth or of tr ees, so long as they are not
separated from the ground o r plucked from the trees; 
(f) any movable thing annexed to a tenement permanently
to remain incorpor ated therewith.
 Unless a different inte ntion appears from the
circumstances, such thing shall be deemed to be so
annexed to a tenement if it is fastened thereto by any
metal or cement, or if it is o therwise so affixed that it
cannot be removed without being broken or damaged
or without breaking or damaging the tenement.
When certain 
things become 
movable.309. The things mentione d in paragraphs  (c), (d), (e) and ( f) of
the last preceding article beco me movable as soon as they are
separated from the ground, tree, or tenement, although they hav e
not yet been removed elsewhere:
Cap. 12.Provided that the fruits of the earth or of trees, even before they
are detached, shall be considere d as movables for the purposes of
article 288 of the Code of Organization and Civil Procedure , as also
when they are the subject of a s ale or other disposal, as thing s
CIVIL CODE  [CAP. 16.   
distinct from the earth or tree , and to be separated therefrom.
Things immovable 
by reason of the object to which 
they refer.
Amended by:XIII.2007
.3.310.  The following are immovables by reason of the object to
which they refer:
(a)t h e  dominium directum  or the right of the dominus on
the tenement let out on emphyteusis, and the
dominium utile or the right of the emphyteuta on such
tenement;
(b) the right of usufruct, or use of immovables and the
right of habitation;
(c) praedial easements;
(d) actions for recovering or claiming any immovable
thing or any of the rights mentioned in paragraphs ( a),
(b) and ( c) of this article; or fo r a declaration that an
immovable is not subject to any of such rights; or for
claiming any inheritance or part thereof, or the
reserved portion or any other portion of hereditary
property given by law.
Definition of 
“immovable 
thing”.
Amended by:XXV .2016
.2.311.  (1) The words "immovable thing" or "immovable things",
and the word "immovable" or "immovables" without any other
addition or indication restricting their meaning, shall include  both
immovables by their nature, as well as immovables by reason of the
object to which they refer.
(2) The "coastal perimeter" is that part of the land which lies
fifteen metres from the shoreline inwards, whether it is foresh ore,
landmass or cliff or is a combination of them and, where the
foreshore extends beyond fiftee n metres, to the limit of the
foreshore.
The "foreshore" is that part of the coastal perimeter,
including where it exceeds fifteen metres, which is normally
covered by water due to the action of the waves and the use of
which is restricted by this fact. The foreshore extends up to t he
reach of the largest wave and, even if it lies beyond the reach  of the
waves, to the limits of any beach:
Provided that the foreshore shall not extend over or onward
of a schemed public road.
For the purposes o f this sub-article:
(a) a "beach" is that part of the land contiguous to the
shoreline, irrespective of h ow far inland it extends,
which is of its nature or characteristics destined for
public use in accordance with its nature and inaccordance with any law from  time to time regulating
development planning;
(b) a  " l a n d m a s s "  o r  a  " c l i f f "  i s  t h a t  p a r t  o f  t h e  c o a s t a l
perimeter which is elevated from the sea, is not
accessible from the sea and, or is not subject to being
covered by any wave; and
(c) the "shoreline" is the land contour which is constantly
  116     [CAP. 16.           CIVIL CODE
in direct contact with the s ea; provided that when the
shoreline changes due to e rosion or collapse, the
baseline for calculation of t he coastal perimeter shall
be adjusted accordingly fr om time to time without
prejudice to the applicati o n  o f  a n y  l a w  r e g u l a t i n g
development planning.
(3) Any private titles and rights to the foreshore shall be
registered in the relevant reg istry in accordance with applicab le law
prior to the lapse of ten year s from the designated date.
(4) Quays, wharfs and other cons tructions in harbours, ports,
landing places and yachting centres  for the berthing of ships, yachts
and other vessels used in navigation, or of aircraft, or for th e
attachment thereto of pontoons, floating quays, or for dockyard s,
roads and access paths, or other similar structures in such are as,
shall be regulated by the provisions of special laws governing such
things and the terms "quays", "harbours", "ports", "yachtingcentres" and other related terms shall have the meanings assign ed
to them by such special laws.
(5) Although contiguous to the sea, such quays and other
constructions and the areas  within harbours and ports -
(a) shall be considered to be public property, saving
private titles and rights thereon; and
(b) shall not be considered to be part of the coastal
perimeter for the purpose of this Code until such timeas any part of such areas, belonging to the
Government, are declared a nd registered as land in the
public domain, saving private titles and rights thereon,as provided for in the Fourth Schedule.
(6) In this article:
(a) the term "designated date" shall be that date
established by order in the Gazette by the Minister
responsible for Lands;
(b) the term "public domain" shall have the meaning given
to it in the Fourth Schedule;
(c) the term "public property" shall have the meaning
given to it in article 327; and
(d) "relevant registry" means the Public Registry or the
Land Registry or any successor registry.
Sub-title II
OF MOVABLE PROPERTY
Movable property. 312.  All things, animate or inanimate, which, without any
alteration of their substance, can move themselves or be moved
from one place to another are m ovable by nature, even though su ch
things form a collecti on or a stock-in-trade.
CIVIL CODE  [CAP. 16.   
Materials deriving 
from demolition of 
buildings.313.  Materials derived from a building which has been
demolished, or gathered for erect ing a new building, are movabl es
until they are used in a construction.
Ships, etc. 314.  Ships or other water-craft, baths or other floating
structures are also movables.
Shares or interests 
in commercial 
companies, etc.315.  The following thing s are movables by regulation of law:
(a) shares or interests in commercial or industrial
companies, even if immovable property is owned by
such companies; in which latter case such shares or
interests shall be deemed to be movables with respectto each shareholder and only as long as the company
lasts;
(b) life or perpetual annuiti es, including capitals for
annuities ad formam bullae  and debts due for interest
on capitals invested in the fund formerly existing
under the name of Massa Frumentaria , provided such
perpetual annuities, capitals and debts are not subjectto entail;
(c) generally, all obligations , actions, even if hypothecary,
and rights not considered immovable under the
provisions of the last  preceding sub-title.
Definition of 
“movable property or things”, 
“movable effects” 
or “movable substance”.316.  The words "movable property or things", "movable
effects" or "movable substance" used in any provision of law or  in
any disposition of man, without any other addition or indicatio n
restricting their meaning, shall include both the things which are
movable by nature and the things  which are generally considered
movable by regulation of law.
Definition of 
“movables”.317. (1) The word "movables" used in any provision of law,
without any other addition or indication restricting its meanin g,
shall likewise include both the things which are movable by nat ure,
and the things considered m ovable by regulation of law.
(2) If used in any disposition of man, it shall not, of itself,
include money or documents of title to money, jewels, articles of
precious metal or things forming the object of a trade; nor sha ll it
include property considered as movable by regulation of law.
Definition of 
“furniture”.318. (1) The word "furniture" comprises all furnishing
movables, including the pictures and statues forming part of th e
furniture of an apartment.
(2) It shall not include, however, collection of books, pictures ,
or statues.
Definition of “a 
house with all that 
it contains”.319.  The expression "a house with all that it contains" shall
include all movable things, excepting money or documents of tit le
to money, jewels, articles of precious metal intended for the
ornamentation of the person or to be worn, things that areaccidentally in the house or that belong to third parties and d ebts
due or other rights the titles  to which are in the house.
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Title  II
OF OWNERSHIP
Ownership. 320.  Ownership is the right of enjoying and disposing of things
in the most absolute manner, provided no use thereof is made wh ich
is prohibited by law.
No person may be 
compelled to give 
up his property. Amended by: 
III.1930.2.321.  No person can be compelled to give up his property or to
permit any other person to make use of it, except for a public
purpose, and upon payment of a fair compensation.
Owner of thing has 
right to reclaim it 
from any 
possessor.322. (1) Save as otherwise provided by law, the owner of a
thing has the right to recover it from any possessor.
(2) A possessor who, after be ing notified of the judicial
demand for the recovery of the thing ceases of his own act, to
possess such thing, is bound, at his own expense, to regain
possession of the thing for the plaintiff, or, if unable to do so, to
make good its value, unless the plaintiff elects to proceed aga inst
the actual possessor.
Ownership of land 
carries with it 
ownership of what 
is above and under it.323.  Whosoever has the ownership of the land, has also that of
the space above it, and of everything on or over or under the
surface; he may make upon his la nd any construction or plantati on,
and, under it, any work or excavation, and draw therefrom anyproducts which they may yield, saving, however, the provisions
relating to Praedial Easements under Title IV of Part I of Book
Second of this Code and any other provision of law in regard tofortifications or ot her works of defence.
Constructions, etc., 
over or under the 
land belong to 
owner. 324.  Any construction, plantation, or work, whether on or over
or under the land, shall, unless the contrary is proved, be dee med to
have been made by the owner at his own expense, and to belong t o
him, without prejudice, however, to the rights which third part ies
may have acquired.
Owner may 
compel neighbour to fix boundaries of 
adjoining 
tenements.325.  Every owner may compel his neighbour to fix, at joint
expense, by visible and permanent marks, the boundaries of thei r
adjoining tenements.
Owner may 
enclose his 
tenement.326.  Every owner may enclose his tenement, saving any right
of easement to which other  parties may be entitled.
Added by:
XXV .2016 .4.Title IIA
OF PROPERTY BELONGING TO THE GOVERNMENT
Public and vacant property.
Added by:
XXV .2016
.4.327. (1) The Government is the owner of:
(a) all things which it acquires pursuant to the provisions
of this Code or any other special law, herein referred to
as "public property"; and
CIVIL CODE  [CAP. 16.   
(b) all things forming part of the public domain, which it
holds as a result of its sovereignty, herein referred to
as "public domain".
(2) Vacant property belong s to the Government.
(3) Property belonging to the Government may be subject to
private rights in the manner and to the extent stated in this C ode
and other special laws.
Vacant property 
belongs to 
Government of Malta. 
Amended by: 
L.N. 148 of 1975.327.  (Deleted by Act XXV .2016 .3.).
Title III
OF THE RIGHTS OF USUFRUCT, USE AND HABITATION
Sub-title I
OF USUFRUCT
Definition of 
“usufruct”.328.  Usufruct is the real right to enjoy things of which another
has the ownership, subject to th e obligation of preserving thei r
substance with regard both to matter and to form.
Where usufruct 
includes things 
which cannot be used without being 
consumed.329.  If the usufruct includes things which cannot be used
without being consumed, such as money, grain, or liquids, the
usufructuary has the right to make use of them subject to theobligation of paying the value thereof according to the valuati on
made at the commencement of the u sufruct; in the absence of suc h
valuation, he has the option either to return things in like qu antity
and of like quality, or to pay t heir value at the current price  at the
end of the usufruct.
Usufruct is 
constituted by law 
or by man.330. (1) Usufruct may be constituted either by law or by the
will of man; in the latter case,  if the usufruct refers to immo vable
property, it may not be constituted except by a public deed, an d, if
constituted by a deed inter vivos , it shall not be operative with
regard to third parties except from the time when the deed is
registered in the Public Registry upon the demand of any of the
interested parties or of the notary before whom the deed was
executed.
Cap. 56.(2) The note for the registration of the deed shall contain the
designation of the parties as sp ecified therein, the date and n ature
of the deed, and an indication of the thing to which the deed r efers
in accordance with the provisions of the Public Registry Act , and it
shall be signed by the notary be fore whom the deed was executed .
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Usufruct may be 
constituted 
conditionally, for a 
specified time or in favour of two or 
more particular 
persons.331. (1) Usufruct may be constituted even conditionally or for
a specified period.
(2) It may be constituted in favour of one or more particular
persons.
(3) Where the usufruct is granted to several persons to be
enjoyed by them successively, it shall be operative only in fav our
of those persons who are alive at the time when the usufruct
devolves upon the first usufructuary.
§ I. OF THE RIGHTS OF THE USUFRUCTUARY
Fruits belong to 
usufructuary.332.  The usufructuary has the right to take all kinds of fruits,
whether natural, industrial, or civil, which the thing subject to his
usufruct is capab le of producing.
Natural, industrial 
and civil fruits.333. (1) Natural fruits are those which are the spontaneous
produce of the soil. The produce and increase of animals and th e
produce of stone-quarries or of mines are also n atural fruits.
(2) Industrial fruits of a tenement are those which are obtained
by cultivation.
(3) Civil fruits are the rents o f property let, emphyteutical
ground-rents, interest on capitals, and annuities.
Natural and 
industrial fruits 
hanging from branches or 
standing upon 
roots.334. (1) Natural or industrial fruits hanging from branches or
standing upon roots at the time when the usufruct begins, shall
belong to the usufructuary, without prejudice to any portion wh ich
may be due to the tenant under a metayer lease.
(2) Such fruits as are hanging from branches or standing upon
roots at the time when the usufr uct terminates, shall belong to  the
owner, without prejudice to any portion which may be due to the
tenant under a metayer lease, a nd to any compensation which may
be due to the usufructuary or hi s heirs for their cultivation.
Civil fruits deemed 
to be earned day by day.335.  Civil fruits shall be deemed to be earned day by day, and
shall belong to the usufructuary in proportion to the duration of his
usufruct.
Fine. 336.  The alienation fines in emphyteutical grants shall belong
to the usufructuary.
Usufruct of a life 
annuity.337.  The usufructuary of a life an nuity is entitled to receive the
payments which fall due from day to day during his usufruct; bu t he
is bound to restore any surplu s which he may have received in
advance.
Where usufruct 
includes things 
subject to gradual deterioration by 
use.338.  If the usufruct includes things which, without being
consumed at once, are subject to gradual deterioration by use, the
usufructuary has the right to make use of them for the purpose for
which they are intended, and he is only bound to restore them, at
the end of the usufruct, in the condition in which they may be,
provided they have not been damaged through his malice ornegligence.
Fruit trees. 339.  Fruit trees that die, and those that are uprooted or broken
CIVIL CODE  [CAP. 16.   
by accident, belong to the usufru ctuary, subject to his obligat ion of
replacing them by others.
Usufructuary may 
assign enjoyment 
of his right.340.  A usufructuary may assign the enjoyment of his right
whether gratuitously or fo r valuable consideration.
Lease of property 
to remain 
operative.341.  A lease of the property shall continue to be operative even
after the termination of the usu fruct, provided such lease shal l have
been made on fair conditions and  for a period not exceeding eig ht
years, in the case of rural property, or four years, in the cas e of
urban property, or an ordinary pe riod according to usage, in th e
case of movable property, or any period shorter than any of the  said
periods respectively in the case of property the letting of whi ch for
a period exceeding such sho rter period is prohibited.
Usufructuary may 
sell fruits that are 
pending.342. The usufructuary may also sell the fruits that are pending;
and in such case, if the usufruct terminates before the fruits are
gathered, the sale shall continue to be operative, and the owne r is
entitled to receive the price of such fruits as have not yet be en
gathered:
Provided that the owner shall ha ve no action against the buyer
who may have paid the price of such fruits to the usufructuary
before the terminatio n of the usufruct.
Usufructuary 
enjoys rights of 
easement.343.  The usufructuary is entitled t o enjoy, in the same manner
as the owner himself, any right of easement attached to the
tenement subject to his usufruct, and generally all the rights which
the owner might enjoy.
Usufructuary 
enjoys such stone-quarries as are 
open.344.  The usufructuary is also entitled to the enjoyment of any
stone-quarry which is already opened and being worked at the ti me
the right to the usufruct vests in him; he may not, however, op en
new quarries.
Usufructuary has 
no right to 
treasure- trove.345.  The usufructuary shall have no right to any treasure-trove
which may be found during the usufruct, saving the portion ther eof
to which he may be entitled, according to law, for having
discovered it.
Owner may not 
prejudice rights of usufructuary.346.  The owner may not by his own act or in any other manner
whatsoever prejudice the ri ghts of the usufructuary.
Usufructuary 
cannot claim compensation for 
improvements.347. (1) The usufructuary cannot, at the termination of the
usufruct, claim any compensation for the improvements of any ki nd
which he may have executed, even though the value of the thing
may have been considerab ly increased thereby.
(2) Any such improvements, however, may be taken into
consideration in the assessment of any damages for which the
usufructuary may be liable.
(3) Where no set-off arises under sub-article (2) the
usufructuary may take away those improvements which may beremoved with profit to himself, and without damage to the
tenement, unless the owner prefer s to retain them, on payment t o
the usufructuary of a sum corresponding to the profit which thelatter might obtain by removing them from the tenement.
  122     [CAP. 16.           CIVIL CODE
Usufructuary 
entitled to real 
actions competent 
to owner.348.  It shall be competent to the u sufructuary to bring any real
action competent by law to the owner.
§ II. OF THE OBLIGATIONS OF THE USUFRUCTUARY
Usufructuary to 
take things in the condition in which 
they are at the time 
the usufruct vests in him.349. (1) The usufructuary takes the things subject to the
usufruct in the condition in which they are at the time the usu fruct
vests in him.
(2) At the termination of the usufruct, he shall restore them in
the condition in which they are at that time, saving his liabil ity for
any deterioration which may have occurred through his negligenc e.
Making up of 
inventory.350.  The usufructuary may not commence to exercise his rights
over the things subject to the us ufruct before he has made up a n
inventory of such things, containing a description of the movab les
together with the value thereof,  and of the state of the immova bles,
unless such inventory is dispensed with in the act creating the
usufruct.
How inventory is 
made up.351. (1) The inventory shall be made up in the presence of the
owner, or after his having been called upon to attend even by m eans
of a judicial letter.
(2) It must be made by a public deed unless in the act creating
the usufruct power has been given for it to be made by means of  a
private writing, and the owner consents that it be so made.
(3) Unless otherwise provided in the act creating the usufruct,
the expenses of the inventory sh all be borne by the usufructuar y.
Security to be 
given by usufructuary.352. (1) It shall likewise be unlawful for the usufructuary,
unless he has been exempted by the act creating the usufruct, t o
commence to exercise his rights over the things subject to the
usufruct before he has given sec urity that he will enjoy the th ings
so subject as a  bonus paterfamilias , that he will restore the
movables, refund the values of the things mentioned in article 329,
and make good any damage that might happen through his
negligence whether to the movables or to the immovables.
(2) The sum of the security, for the purposes of the hypothecary
registration, shall be regulated by the amount of the capitals that
are to be delivered to the usufr uctuary or that may be restored  to
him during the usufruct, by the value of the movables, and by t he
cost of such repairs in the immovables as may probably be requi red
during a period of five years and as are, according to law, at the
charge of the usufructuary.
(3) It shall be lawful for the co urt, according to circumstances ,
to fix a lesser sum; and in such  case, should the sum of the se curity
be spent or become insufficient before the termination of the
usufruct, the usufructuary shall be bound to give a further sec urity,
and, in default, the provisions of article 355 shall apply.
CIVIL CODE  [CAP. 16.   
Persons who are 
not bound to give 
security.353.  The following persons, however, are not bound to give
security:
(a) those whose usufruct derives from the law;
(b) the vendor or the donor who has retained the usufruct
for himself;
(c) the usufructuary of things which are, or are to be,
administered by others.
Time within which 
owner may demand security.354.  The owner may demand the security, where required,
either before or within one year after the usufructuary shall h ave
commenced to exercise his rights over the things subject to the
usufruct; after the expiration of the said year, it shall not b e lawful
for the owner to demand the security unless he proves that thecondition or the conduct of the usufructuary has so changed tha t the
fulfilment of his obligatio ns is thereby endangered.
Where 
usufructuary fails 
to give security.355.  If the usufructuary fails to g ive security, where required,
within the time fixed by the cou rt, the court shall, upon the d emand
of the owner, appoint a competent person to administer the thin gs
subject to the usufruct, in the interest of both the owner and the
usufructuary.
Administrator to 
sell movables, etc.356.  The administrator shall sell the movables, investing at
interest the proceeds thereof; h e shall likewise invest any oth er sum
of money included in the estate or which may be derived from th e
return of capitals during the usufruct.
Administrator may 
deviate from rule 
laid down in art. 356.357. (1) The administrator may, with the consent of the owner
and the usufructuary, deviate from the rule laid down in the la st
preceding article.
(2) The court may also, on good cause being shown, upon the
demand of the owner or the usufructuary, dispense with the sale  of
the movables, or order that the moneys be invested otherwise th an
as laid down in the la st preceding article,  provided this can b e done
without prejudice to the int erests of the defendant.
Power of court 
where usufructuary fails to find 
security.358.  If the usufructuary declar es on oath that he has been
unable to find security, the court may order that an urban tene ment
and the necessary furniture for the habitation and the personal  use
of himself and his family be delivered to him, without security ,
subject to the obligation of restoring them at the termination of the
usufruct.
Duty of 
administrator to render account.359. (1) The administrator shall  yearly render an account of
his administration to the usufruc tuary, and pay the balance to him. 
(2) At the termination of the administration, the administrator
shall render an account both to t he owner and to the usufructua ry. 
Removal of 
administrator.360.  The administrator may at any  time be removed for just
cause, upon the demand either of the owner or of the usufructua ry.
Usufructuary may 
take over 
administration.361.  The usufructuary may at any time give security and take
over the administration of the property.
Fruits due to 
usufructuary.362.  Delay in giving security shall in no case deprive the
usufructuary of the fruits to which he may be entitled: such fr uits
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are due to him from the time of the vesting of the right to the
usufruct.
Repairs of property 
subject to usufruct.363.  The usufructuary is only liable for ordinary repairs.
Extraordinary repairs shall be at the charge of the owner, unle ss
they have been occasioned by the  non-execution of the ordinary
repairs, including those that have been required at thecommencement of the usufruct, i n which case the usufructuary
shall be liable therefor.
Extraordinary 
repairs.364.  T h e  r e p a i r s  t o  w a l l s  a n d  v a u lts, the replacing of beams,
and the entire renewal of the ro of, staircase, or pavement of a ny
part of a building, are extraordinary repairs.
Reimbursement of 
expenses incurred 
by usufructuary for repairs which are at 
charge of owner. 365. (1) No action shall lie in favour of the usufructuary to
compel the owner to carry out the  repairs which are at his char ge;
but, if the owner refuses to car ry out such repa irs, it shall b e lawful
for the usufructuary to demand t hat he be authorized by the cou rt to
effect such repairs, and to recover from the owner, at the
termination of the usufruct, the amount of the expenses incurre d,
without interest, provided the utility of the repairs subsists at the
time of the termination of the usufruct:
Provided the usufructuary shall be entitled to recover only the
value of such repairs as determi ned by means of a valuation, re gard
being had to the time of the dem and, if he fails to give to the  owner
an account of the expenses incurred by him together with the
respective vouchers within six months from the day on which the
repairs shall have been completed.
(2) The account shall be considered as accepted by the owner,
if he shall not, within two months, declare his intention to co ntest
it.
Where owner 
consents to carry 
out extraordinary 
repairs.Amended by:
XXII.2005
.81.366. (1) If the owner consents to carry out the extraordinary
repairs, he shall be entitled to recover from the usufructuary,  during
the continuance of the usufruct, the interest on the amount of the
expenses which he shall prove to have incurred.
( 2 ) T h e  s a i d  i n t e r e s t  s h a l l  r u n  f r o m  t h e  d a y  o n  w h i c h  t h e
account of such expenses sha ll have been approved by the
usufructuary, or by the court upon a sworn application issued
against the usufructuary.
Where part of 
building falls down 
through age, etc.367. (1) The provisions of the last two preceding articles shall
likewise apply in the case where a building or a part of a buil ding
constituting an accessory necessary for the enjoyment of the
tenement subject to the usufruct, or an accessory part of thebuilding constituting the principal subject of the usufruct, fa lls
down through age or by a fortuitous event.
(2) For determining whether the part which has fallen of f the
building which constitutes the principal subject of the usufruc t, is
an accessory part, regard shall be  had not only to the destinat ion of
such part, but also to the expense required for reconstructing such
part as against the expense wh ich would be required for the
reconstruction of the whole building.
CIVIL CODE  [CAP. 16.   
Usufructuary 
cannot prevent 
owner from 
carrying out repairs.368.  The usufructuary cannot preve nt the owner from carrying
out, in the manner least inconvenient to the usufructuary, the
repairs and works refe rred to in the last three preceding artic les.
Expenses to be 
borne by usufructuary, 369. (1) The expense for the whitewashing of a building, or
the cleansing of cisterns or sin ks, when ordered by the Police in the
cases provided for by law, shall be at the charge of the
usufructuary.
by owner. (2) The expense for the construction of cisterns or sinks, or fo r
communicating sinks with the main sewer or with some other
outlet, as well as the expense for the demolition of buildings which
are in a ruinous state, shall be borne by the owner; and if the
usufructuary is compelled to ca rry out such works, he shall hav e a
remedy against the owner.
Usufructuary to 
pay ground-rent, 
etc.370.  The usufructuary is bound to pay the ground-rent and all
other annual charges upon the tenement.
Usufructuary of 
particular 
tenements not to pay charges on 
such tenements.371.  The usufructuary of one or m ore particular tenements is
not bound to pay the debts for which any of such tenements may be
hypothecated, nor is he bound to  pay any annuity with which suc h
tenements stand charged; and if he is compelled to pay, he may
claim relief against the owner.
Usufructuary of 
estate to pay 
maintenance allowances, etc.372. (1) The usufructuary of an enti re estate, or of a portion of
an estate, is bound to pay, in proportion to his enjoyment, and
without any right of recovery, any maintenance allowances, anyperpetual or life annuity, and any interest on debts to which t he
estate may be liable.
(2) Where any capital has to be paid, if the usufructuary is
willing to advance the amount, suc h amount shall be returned to
him by the owner, without any interest, at the end of the usufr uct.
(3) If the usufructuary is not willing to make such advance, the
owner may effect the payment either with his own money, in whic h
case the usufructuary shall pay to him interest thereon during the
continuance of the usufruct, or by causing a portion of the pro perty
subject to the usufruct to be sol d, to the extent of the sum du e.
Costs of lawsuits 
concerning 
usufruct, etc.373. (1) The costs of lawsuits relating to the usufruct
exclusively shall be bor ne by the usufructuary.
(2) The costs of lawsuits relating to the ownership exclusively
are at the charge of the owner.
(3) The costs of lawsuits concerning both the usufruct and the
ownership shall be borne by the owner; but the usufructuary sha ll
pay to the owner the interest thereon during the usufruct.
Encroachment on 
property held in usufruct.374.  The usufructuary is bound, under pain of damages, to
notify the owner, without delay, of any encroachment or other a ct
committed by a third party to the prejudice of the rights of th e
owner.
Where subject of 
usufruct is not a 
herd.375.  Where the subject of the usufruct is one or more animals,
not forming a herd, and such animals perish without the fault o f the
  126     [CAP. 16.           CIVIL CODE
usufructuary, he shall only be bound to account to the owner fo r the
skins or their value.
Where subject of 
usufruct is a herd.376. (1) The same rule shall apply where the subject of the
usufruct is a herd, and the whole herd perishes without the fau lt of
the usufructuary.
(2) Where, however, the herd does not perish entirely, the
usufructuary shall be bound to replace the heads which have
perished, but not beyond the number of the animals born since t he
commencement of the usufruct and existing in his possession and
of those born after the herd commenced to be deficient in its
original number.
Insurance of ship 
subject to usufruct.377. (1) Where the subject of the usufruct is a ship and the
usufructuary has failed to insure her, he shall be liable for t he loss
of the ship an d for average.
(2) If the ship was insured, the usufructuary is discharged, to
the extent of the insurance, by assigning to the owner his righ ts of
action against the insurers, the premium remaining payable by t he
usufructuary.
§ III. OF THE MANNER IN WHICH USUFRUCT TERMINATES
Termination of 
usufruct.378.  Usufruct terminates - 
(a) by the death of the usufructuary;
(b) by the expiration of the time for which it was
constituted; 
(c) by the merger or reunion in one and the same person of
the two capacities of usu fructuary and owner;
(d) by non-user of the right during thirty years;
(e) by the total loss of the subject of the usufruct.
Termination of 
usufruct by 
wrongful use 
thereof.379. (1) Usufruct may also terminate by reason of the
wrongful use which the usufructuary makes of his right, either by
causing injury to the tenements, or by suffering them to run in to
ruin for want of ordinary repairs.
(2) In any such case the court may, according to the gravity of
the circumstances, instead of or dering the absolute termination  of
the usufruct, either appoint an administrator, or order that th e
property be returned to the owner, subject to the condition,
however, of paying annually to the usufructuary, or to thoseclaiming under him, a fixed sum during the continuance of the
usufruct.
(3) The usufructuary, as well as any of his creditors, may
prevent the termination of the usufruct, the appointment of an
administrator, or the return of t he property as aforesaid, by o ffering
to carry out the necessary repairs , and by giving security for the
performance of this obligation within a time to be fixed by the
court, provided the offer be mad e and the security given before
CIVIL CODE  [CAP. 16.   
judgment is delivered on the demand of the owner, or within fif teen
days from the day on which the judgment has become a res
judicata.
Duration of 
usufruct granted to 
body-corporate,Amended by:
XIII.2007
.4.380.  (1) The duration of a usufruc t constituted in favour of a
body-corporate, canno t exceed thirty years; and if the usufruct  is
granted without any limitation of time, or for a time exceedingthirty years, its duration shall be limited to thirty years.
(2) When a right of usufruct is s ettled under trusts in favour o f
a trustee, including a corporate trustee, or is endowed to a pr ivate
foundation for the benefit of beneficiaries who are natural per sons,
for the purposes of this article , the usufruct shall be conside red as
being constituted in favour of the beneficiaries who are named and
who have a right to enjoy the property and, unless expressly st ated
otherwise, shall operate for the lifetime of such beneficiaries .
or until a third 
party reaches a given age, 381.  Where the usufruct is grante d until a third party shall
attain a given age, it shall last for all that time, even if th e third
party dies before a ttaining that age.
or in favour of two 
or more persons conjointly.382.  Where the usufruct is constitu ted in favour of two or more
persons conjointly, in terms of articles 738 and 739, it shall only
terminate at the death of the person last surviving, and the po rtion
of any predeceased person shall by accretion vest in the person s
surviving.
Sale of thing 
subject to usufruct.383.  The sale of the thing subject to the usufruct shall not
operate so as to alter in any way the right of the usufructuary ; and
he shall continue in the enjoyment of his usufruct, unless he s hall
have waived his right thereto.
Creditors of 
usufructuary can 
have waiver of 
usufruct declared null.384.  The creditors of the usufructu ary may sue for a declaration
of nullity of any waiver of the usufruct which the usufructuary  may
have made to their prejudice.
Where a part only 
of subject of usufruct perishes.385.  Where only a part of the thing subject to the usufruct
perishes, the usufruct shall continue to be operative as to theremainder.
Rights of 
usufructuary in 
respect of soil or 
materials of a building that falls 
down.386. (1) Where the only subject of the usufruct is a building,
and such building falls down through age or is destroyed by a
fortuitous event, the usufructuary shall not be entitled to enj oy
either the soil or the materials.
(2) Where, however, the usufruct was constituted over a
tenement of which such building was only a part, the usufructua ry
shall be entitled to enjoy the soil, and he may use the materia ls
either in the reconstruction of the fallen building or in the r epair of
other parts of the tenemen t subject to the usufruct.
(3) In each of the aforesaid cases, if the building is not
destroyed, or does not fall down except in part, the usufructua ry
shall retain the right to enjoy the soil and the materials.
Where subject of 
usufruct is a ship beyond repair.387.  Where the subject of the usufruct is a ship, and the ship is
in such condition as to be beyon d repair, the usufruct terminat es.
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Usufruct of annuity 
or debt not to 
terminate on 
repayment of capital.388.  The usufruct of an annuity or of a debt does not terminate
on the repayment of the capital; the usufructuary may re-invest
such capital or, as th e case may be, demand that it be re-inves ted to
his profit.
Sub-title II
OF USE AND HABITATION
How use and 
habitation are acquired and lost.389.  The rights of use and habitation are acquired and lost in
the same manner as the right of usufruct.
Rights of use and 
habitation to be created by public 
deed.390.  The rights of use and habitation may not be created by the
owner otherwise than by a public deed, and they shall not beoperative as against third partie s before the deed is registere d in the
Public Registry, upon the demand of any of the interested parti es,
or of the notary before whom the deed was executed. The note fo r
the registration of the deed shall be drawn up as provided in s ub-
article (2) of article 330.
Where extent of 
right of use or 
habitation is not fixed in deed.391.  Where the extent of the right of use or of habitation is not
fixed in the deed creating such right, the rules laid down in t he
following articles shall apply.
Definition of 
“use”.392. (1) Use is the real right of a person of making use of a
thing belonging to another, or of taking the fruits thereof, bu t only
to the extent of his own need s and those of his family.
(2) The right of use of a house is the same as the right of
habitation.
(3) The right of use of things which are consumed by use is
considered as usufruct.
Definition of 
“habitation”. 393.  Habitation is the real right of a person to live with his
family and according to his cond ition in a house belonging to
another.
Definition of 
“family”.394.  For the purposes of the last two preceding articles, the
word "family" shall also include the children born since the
commencement of the right of use or habitation, even though the
grantee was not married at the time of the commencement of suchright, as well as acknowledged i llegitimate children, adopted
children and servants.
Inventory and 
security.395. (1) The grantee of a right of use or habitation shall make
up an inventory and give security as provided in the case of
usufruct.
(2) The court may, according to circumstances, exempt the
grantee from giving security.
Grantee to act as 
bonus 
paterfamilias.396.  The grantee of a right of use or habitation shall in the
enjoyment thereof act as a bonus paterfamilias.
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Liabilities of 
grantee.397. (1) Where a person having the right of use of a tenement,
takes all its fruits, or, having the right of habitation, occup ies the
whole house, he is bound to pay the ground-rent and all other
annual charges on the tenement, to defray the expenses ofcultivation, and to make the ordinary repairs in the same manne r as
a usufructuary.
(2) Where, however, he takes only a part of the fruits, or
occupies only a part of the house, he contributes thereto in
proportion to what he enjoys.
Where fruits do not 
exceed quantity required by person 
having right of use.398. (1) Where the ordinary quantity of the fruits of the
tenement does not exceed the quantity which is necessary for th e
person having the use of it, s uch person may demand that the
tenement be delivered to him.
(2) Where, however, only a portion of the fruits is necessary fo r
such person, he shall only be entitled to demand that portion o f the
fruits in kind; and in such case, the administration of the ten ement
shall remain vested in the owner, and the obligation of giving
security and of making the inventory will not arise.
Rights of use and 
habitation may not 
be assigned, etc.399.  The rights of use and habitation may not be assigned or
leased, and are no t subject to the debts of the grantee.
Title  IV
OF PRAEDIAL EASEMENTS
GENERAL PROVISIONS
Definition of 
“easement”.400. (1) An easement is a right est ablished for the advantage
of a tenement over ano ther tenement belongi ng to another person ,
for the purpose of making use of such other tenement or of
restraining the owner fr om the free use thereof.
(2) The tenement subjected to the easement is called the
servient tenement; and the tenement in favour of which the
easement is created is calle d the dominant tenement.
How easements are 
created.401.  Easements are created eithe r by law or by act of man.
Sub-title I
EASEMENTS CREATED BY LAW
  130     [CAP. 16.           CIVIL CODE
Easements created 
for purposes of 
public or private 
utility.402. (1) Easements created by law for purposes of public
utility are established by sp ecial laws or regulations.
(2) Easements are also created b y law for private utility; and
such are those established in the following provisions of this sub-
title.
§ I. EASEMENTS ARISING FROM THE SITUATION OF PROPERTY
Duties of owners 
of tenements.403. (1) Tenements at a lower level are subject in regard to
tenements at a higher level to receive such waters and material s as
flow or fall naturally therefr om without the agency of man.
(2) It shall not be lawful for the owner of the lower tenement t o
do anything which may prevent such flow or fall.
(3) Nor shall it be lawful for the owner of the higher tenement
to do anything whereby the easement of the lower tenement is
rendered more burdensome.
Springs of water. 404.  Whosoever has a spring within his tenement may make use
of it as he pleases, saving any right which the owner of a lowe r
tenement may have acquired by title or by prescription.
Water running 
through public 
road.405. (1) The owner of the higher tenement may cause the
water which runs through the public road to be led into his own
tenement, in preference to the  owner of the lower tenement.
(2) In the case of owners of tenements placed on the same
level, each of such owners may cause the water which runs on th at
half of the road, which is contiguous to his tenement, to be le d into
such tenement.
Where water is 
required for the use 
of man, etc.406.  The provisions of the last preceding article shall not
apply in the case where one of t he owners requires the water fo r the
use of man, or for wat ering animals or for  watering trees which  are
ordinarily watered; in any such case the right of preference ov er
others who require the water  for other uses belongs - 
(a) to the person who requires the water for the use of
man;
(b) to the person who requires  it for watering animals; 
(c) to the person who requir es it for watering trees.
CIVIL CODE  [CAP. 16.   
§ II. OF WALLS AND DITCHES WHICH SEPARATE NEIGHBOURING 
TENEMENTS
Party wall. 
Amended by:LV .1975.4.407.  A wall which serves to separate two buildings or a
building from a tenement of a different nature must have athickness of not less than  thirty-eight centimetres.
How to be built. 408.  A party-wall between two courtyards, gardens or fields,
may be built of loose stones, but must be -
Height. (a) three and one-half metres high, if it is between two
courtyards, or between two gardens in which there are
chiefly orange or lemon trees;
(b) two metres and forty centim etres high, if it is between
two gardens in which there are chiefly trees other thanthose mentioned above; and
(c) o n e  a n d  o n e - h a l f  m e t r e s  h i g h ,  i f  i t  i s  b e t w e e n  t w o
fields.
Presumption of 
ownership of 
party-wall.409. (1) In the absence of a mark or other proof to the
contrary, a wall which serves to separate two buildings is pres umed
to be common up to the top, and, where such buildings have not the
same height, up to one metre and eighty centimetres from the po int
at which the difference in height begins.
(2) The part of the wall above on e metre and eighty centimetres
from the height of the lower building, is presumed to belong to  the
owner of the higher building.
(3) Where there is a building on one side, and a courtyard,
garden or field on the other sid e, the wall is presumed to belo ng
entirely to the owner of the building.
Party-wall between 
courtyards, gardens or fields.410. (1) A  dividing wall between courtyards, gardens, or
fields, shall also be presumed to be common, in the absence of a
mark or other proof to the contrary.
(2) Where the wall separates courtyards, gardens or fields,
placed the one at a higher level than the other, the part of th e wall
which, having regard to the lower tenement, exceeds the height
respectively prescribed in artic le 408 is presumed to belong to  the
owner of the higher tenement.
Repairs to common 
wall.411. (1) The repairs to a common wall or its reconstruction
shall be at the charge of all those who have a right thereto in
proportion to the  right of each.
(2) Nevertheless, every co-owne r of a wall may relieve himself
of the obligation of contributing to the expense of the repairs  to the
said wall or of its reconstruction by waiving his right of co-ownership, provided the common wall does not support a building
belonging to him.
(3) Such waiver, where competent, shall not relieve the party
making it of his liability for such repairs or reconstruction a s may
have been occasioned by him.
  132     [CAP. 16.           CIVIL CODE
Where common 
wall supports 
building which 
owner wishes to demolish.412.  Where a common wall supports a building which the
owner wishes to demolish, he may not release himself from his
liability for the repairs or rec onstruction of the wall by waiv ing his
right of co-ownership, unless he carries out for the first time  such
repairs and works as are necessa ry so as to avoid causing to th e
neighbour any damage by the demolition of the building.
Right of support. 413. (1) Every co-owner erecting a building may have it lean
against the common wall and inse rt therein beams up to half the
thickness of such wall.
(2) He may also indent his own wall into the common wall.
Raising of 
common wall.414.  Every co-owner may raise the  height of a common wall,
but he shall be liable for the expenses necessary -
(a) for raising the height of the wall;
(b) for keeping in good repair the part raised above the
height of the common wall;
(c) for carrying out such works as may be necessary for
the support of the additional weight resulting from theraising of the wall, so that the stability of the wall will
not be impaired.
Where common 
wall is not in 
condition to stand additional height.415.  Where the common wall is not in a condition to sustain the
additional height, the person de siring to raise its height must  have
it entirely reconstructed at his expense, and the additional th ickness
must be taken on his own side.
Party raising 
common wall, liable for damage 
to neighbour.416.  In each of the cases mentione d in the last two preceding
articles, the party raising the height of the wall is moreover bound
to make good to his neighbour any damage which the latter may
suffer in consequence of the raising of the wall or the
reconstruction.
Neighbour may 
acquire co-ownership of 
additional height of 
common wall.417.  The neighbour who has not contributed to the raising of
the height of a common wall may acquire co-ownership of theadditional height by paying one-half of the cost thereof and th e
value of half the land used for the additional thickness, if an y.
Owner may make 
common a wall 
contiguous to his 
tenement.418. (1) Every owner may also make common, in whole or in
part, a wall contiguous to his tenement by reimbursing to the o wner
of the wall one-half of its total value, or one-half of the val ue of
that portion which he desires to make common, and one-half of t he
value of the land on which the wall is built, and by carrying o ut
such works as may be necessary t o avoid causing damage to his
neighbour.
(2) The provisions of this article shall not apply in the case o f
buildings destined for public use.
Works to or on 
common wall, or 
deposit of manure, 
etc., against 
common wall.419.  It shall not be lawful for  one of the neighbours -
(a) to make, without the consent of the other neighbour
any cavity in the body of a common wall;
(b) to cause any new work to be affixed to or to lean
against a common wall, wi thout the consent of the
other neighbour, or, in case of his refusal, without
CIVIL CODE  [CAP. 16.   
having first determined by means of experts the
necessary measures to be taken in order that the new
work shall not injuriously affect the rights of the otherneighbour;
(c) to deposit manure or other corrosive or damp
substance in such a manner a s to be in contact with the
common wall;
(d) to heap earth or other matter against a common wall
without taking the necessa ry precautions in order to
prevent such heaps from causing, by pressure or
otherwise, damage to the other neighbour.
Repairs to walls 
separating 
courtyards, etc.420.  Any person may compel his neighbour to contribute to the
construction or repair of walls s eparating courtyards, gardens,  or
fields, up to the height specified in article 408, regard being  had to
the nature and level of the tenement of the defendant.
Construction or 
repair of party-wall 
between two 
tenements having different level.421.  Where a wall separates two ten ements, one of which is at a
higher level than the other, the owner of the higher tenement s hall
bear the whole expense of the construction and repair of the wa ll up
to the level of his own tenement: the portion of the wall from that
level up to the height specified in article 408 shall be constr ucted
and repaired at joint expense.
Where neighbour 
is unwilling to 
contribute to 
expense of construction or 
repair to wall.422.  Saving the provisions of article 418, where, in the cases
referred to in the last two preceding articles, a neighbour is
unwilling to contribute to the expense of construction or repai r of
the wall, he may release himself therefrom by giving up his hal f of
the land on which the party-wall is to be built, and waiving hi s right
of co-ownership of such wall.
Where several 
storeys or parts of 
building belong to different owners.423.  Where the several storeys or  other parts of a building
belong to different owners, the contribution of each of the own ers
to the expense of the repairs or reconstruction which may berequired shall be in proportion to the benefit which the respec tive
part of the building derives from  such repairs or reconstructio n.
Old easements in 
regard to new 
common wall.424.  Where a common wall or a house is reconstructed, any
active or passive easement shall be maintained also with regard  to
the new wall or house, provided such easement is not rendered
more burdensome, and such reconstruction is made beforeprescription has been acquired.
Openings in party-
walls.425.  It shall not be lawful for one of the neighbours without the
consent of the other to make in the party-wall any window or ot her
opening.
Owners of storeys 
may make 
balconies, etc., in 
external wall.426.  When the storeys of a house belong to different owners,
each of such owners may, in his ow n storey, make, in the extern al
wall, a balcony, window, door or other opening, provided the
stability of such wall is not affected thereby.
Raising of party-
wall if building has stairs leading to 
roof.427. (1) The person in whose building there are stairs leading
to the roof, is bound to raise at his own expense the party-wal l to
the extent of one metre and eighty centimetres above the level of
the roof.
(2) The portion of the wall above the level of the roof must be
  134     [CAP. 16.           CIVIL CODE
of the same thickness as the p arty-wall below such level.
(3) Where both neighbours have stairs leading to their
respective roofs, each of them m ay compel the other to contribu te
half the expense necessary for raising the height of the party- wall
as aforesaid.
Neighbours to 
avoid causing 
damage to party-wall.428.  Each of the neighbours is bound to carry out in his own
tenement such works as may be necessary to prevent any damage
which may be caused to the party-wall by the cisterns or sinksexisting in his tenement or by any flow of water or filth.
Ditch between two 
tenements is 
presumed to be 
common to both owners.429.  In the absence of any title or mark to the contrary, any
ditch between two tenements, if it is proved to be private prop erty,
is presumed to be the common property of the owners of those
tenements.
Indications that 
ditch is not 
common.430.  Where the earth excavated for the formation of the ditch,
or the refuse accumulated therein for a period of three years, is only
on one side of the ditch, this s hall be an indication that the ditch is
not common, and the ditch is presumed to be the exclusive prope rty
of the party on the side of whose tenement the earth or the
accumulated refuse is found.
Where ditch serves 
for the drainage of the lands of one 
owner only.431.  Where the ditch serv es for the drainage of the lands of one
owner only, this shall be an indication that the ditch is not c ommon.
Repair of common 
ditch.432. A common ditch shall be kept in repair at joint expense: 
    Provided that it shall be law ful for any co-owner to reliev e
himself of such obligation by w aiving his right of co-ownership .
Trees existing on 
boundary-line 
between two tenements.433.  The trees which are on the boundary-line between two
tenements shall, in the absence of proof to the contrary, be de emed
to be common; and each of the neighbours may demand that suchtrees be uprooted or cut if he proves that the damage they may
cause to his tenement is greater than the benefit he himself ma y
derive therefrom.
§ III. OF DISTANCES REQUIRED IN CERTAIN CASES
Construction of 
walls, etc. on boundary-line of 
tenements.434.  Every person may construct any wall or building on the
boundary-line of his tenement, saving the right of the neighbou r to
acquire co-ownership of the wal l as provided in article 418.
Space to be left 
when not building 
on boundary-line.435. (1) Even where the construction is not made on the
boundary-line, the neighbour may, if a distance of at least one  and
one-half metres has not been lef t, demand co-ownership of the
wall, and may build up to, and against such wall, on paying, be sides
the value of half the wall, the value of the ground which he wo uld
thus occupy, unless the owner of the ground prefers to extend h is
building, at the same time, up to the boundary-line.
(2) If the neighbour does not wish to avail himself of such
power, he must construct his wall or building in such a manner that
there shall be a distance of thr ee metres from the wall or buil ding of
the other party.
CIVIL CODE  [CAP. 16.   
(3) The same rule shall be observ ed in any other case where the
construction of the other party i s at a distance of less than t hree
metres from the boundary.
(4) The mere raising of the height of a house or wall already
existing is deemed to be  a new construction.
Exception. 436.  The provisions of the last t wo preceding articles shall not
apply in the case of buildings destined for public use, or of w alls
bordering on public squares or streets.
Planting of trees, 
etc. Amended by: 
II.1920.2,3.437. (1) It shall not be lawful for any person to plant in his
own tenement tall-stemmed trees  at a distance of less than two
metres and forty centimetres, or other trees at a distance of l ess
than one metre and twenty centime tres from the boundary between
his tenement and that of his neighbour.
(2) Vines, shrubs, hedges, and all other dwarfed trees not
exceeding the height of two metres and ten centimetres, may beplanted at a distance of not le ss than forty-five centimetres f rom the
said boundary.
(3) The neighbour may, unless the period required for
prescription has elapsed, demand that trees planted at a lesser
distance, or whi ch, notwithstanding the observance of the afore said
distance, are causing him damage,  be uprooted at the expense of  the
owner.
(4) The court, however, may grant to the owner of such trees
the option either to uproot them, or to cause ditches or other works
to be made at his expense suffic ient to prevent all damage to t he
tenement of his neighbour.
(5) The provisions of this articl e shall not apply in cases wher e
the adjoining tenements are se parated by a wall, provided the
aforesaid trees, shrubs or plants  are so kept as not to exceed the
height of the wall.
Branches of trees 
overhanging adjoining 
tenement.438. (1) A  person over whose tenement the branches of the
neighbour’s trees extend, may compel him to cut such branches,and may gather the fruits hanging from them.
(2) Moreover, if the roots extend into his tenement, he may cut
them off himself.
Digging of wells, 
etc.439.  It shall not be lawful for any person to dig in his own
tenement, any well, cistern or s ink, or to make any other excav ation
for any purpose whatsoever at a distance of less than seventy-s ix
centimetres from t he party-wall.
Damage 
consequent on 
excavations.440. (1) Notwithstanding the observance of the distance
prescribed in the last preceding article, whosoever makes any
excavation, shall be bound to make good any damage caused by
such excavation to his neighbour’s building, provided such
building has been const ructed according to t he usages and the r ules
of art prevailing at the time of its construction.
(2) Nevertheless, no liability for damages is incurred, if the
excavation is made at the distance which the court, upon the
  136     [CAP. 16.           CIVIL CODE
demand of the party wishing to make the excavation, shall have
fixed, according to circumstance s, or if such party has execute d
such works as, according to circu mstances, shall have been orde red
by the court so as to avoid causing any damage to the neighbour .
Distance of sink-
pipes or water-pipes.441. (1) Any sink-pipe or any pipe for water dripping from the
roofs, or for water raised by means of a pump or other mechanic al
device, shall be at a distance of at least one metre from the
boundary, to be measured from the nearest point of the external  part
of such pipe.
(2) The observance of such distance is not required if the pipes
used are such as do not allow any dampness to penetrate into th e
wall, or if other means are used fit to prevent the passage of any
such dampness.
(3) Nevertheless, if, notwith standing the observance of the
distance prescribed under sub-ar ticle (1) of this article, or t he use
of such pipes or means as are mentioned in sub-article (2) of t his
article, damage is caused to the neighbour, the owner of the pi pes
shall be bound to make, at his own expense, any other work thatmay be necessary for preventing the continuance of the damage,
and, if necessary, even to remove the pipes to a greater distan ce.
Where cistern 
extends under 
tenement of 
neighbour.442. (1) Where a cistern extends under the tenement of the
neighbour, such neighbour may bo re a hole and make use of the
water, subject to his obligation to refund to the owner of the
tenement in which the excavati on of the cistern was commenced
one-half of the expense incurred.
(2) Each of the two neighbours ma y demand that the part of the
cistern which exists under his t enement be separated from that
existing under the other tenem ent by means of a wall to be
constructed and, when necessary , repaired at joint expense.
(3) Where, however, the part of the cistern existing under the
tenement of one of the neighbours is considerably larger than t he
part existing under the tenement of the other, the court may,
according to circumstances, in o rdering the separation, direct the
former to refund to the latter a proportionate part of the sum which
he may have paid for the e xcavation of the cistern.
Distance of 
windows, etc., 
from party-wall.443. (1) It shall not be lawful for the owner of any building to
open windows at a distance of l ess than seventy-six centimetres
from the party-wall.
(2) In the case of balconies or other similar projections, the
distance prescribed under sub-ar ticle (1) of this article shall  be
measured from the external line of that side of the balcony or other
projection, which is nearer to th e party-wall, to the internal line of
such wall.
Distance of ovens 
from party-wall.444. (1) It shall not be lawful for any person to construct any
oven except at a distance of at least thirty centimetres from t he
party-wall, and with a passage for  air between the wall and the
oven.
CIVIL CODE  [CAP. 16.   
(2) Kitchen-stoves shall be at a distance of at least fifteen
centimetres from t he party-wall.
§ IV .O F EAVESDROP
Construction of 
roofs.445.  Every owner shall construct the roofs of his building in
such a manner that the rainwater  shall not fall on the neighbou ring
tenement.
§ V.OF RIGHT OF WAY AND OF WATERCOURSE
Access to and 
passage over 
tenements. 446.  Every owner is bound to gran t access to and a way over his
tenement, provided such access or way be necessary, for the
purpose of repairing a wall or other work belonging to his
neighbour or held in common.
Tenement having 
no outlet to public road.447. (1) Any owner whose tenement has no outlet to the public
road, may compel the owners of the neighbouring tenements toallow him the necessary way, subject to the payment of an
indemnity proportionate to the da mage which such way may cause.
(2) Such right of way shall be exercised over that part where it
will be least injurious to the person over whose tenement it is
allowed.
Tenement 
becoming enclosed 
on all sides.448.  Where the tenement has become enclosed on all sides in
consequence of a sale, exchange, or partition, the vendors, the
parties to the exchange, or the  co-partitioners are bound to gr ant a
foot-way, horse-way or cart-way, as the case may be, without an y
indemnity.
Discontinuance of 
right of way.449.  Where the right of way grant ed as aforesaid shall, in
consequence of the opening of a n ew road, or of the incorporati on
of the tenement with a nother tenement cont iguous to the public
road, cease to be necessary, the owner of the servient tenement  may
demand the discontinuance of such right of way on restitution o f
the indemnity received or the cessation of the annual paymentagreed upon.
Right of 
watercourse.450. (1) Any person who cannot receive water into his own
tenement from fountains or other deposits of public water, exce pt
through rural tenements belonging to other persons, may compel
the owners of such tenements to grant him, in such manner as sh all
least injuriously affect them, the right of watercourse, subjec t to the
payment of an indemnity pr oportionate to the damage.
(2) It shall not be lawful for such person to compel the said
owners to allow him to make new channels, if they grant to him
watercourse by means of the exis ting channels; in which case th e
indemnity shall be determined having regard to the value of suc h
channels, and the expense necessary for their first repair, and  the
person who makes use of them shall remain bound to contribute t o
the expense of their upkeep  as provided in article 452.
  138     [CAP. 16.           CIVIL CODE
Action for 
indemnity subject 
to prescription.451.  The action for the payment of  the indemnity under articles
447 and 450 is subject to prescription: and the right of way or  of
watercourse may continue to be exercised, although the action f or
the payment of the indemnity can no longer be maintained.
Contribution 
towards necessary repairs of channels.452.  Any person who is entitled to make use of the channels
made for the passage of water is bound to contribute to theexpenses for their necessary re pairs, saving his right to relie f,
where competent, against the persons through whose fault the
channels have been damaged.
Where enjoyment 
of way or of 
watercourse can be had in or over two 
or more tenements.453. (1) Where the enjoyment of the way or the watercourse
can be had in or over two or more  tenements belonging to differ ent
owners, the easement shall be i mposed on that tenement to the
owner of which it is least injurious.
(2) Where the easement will not affect one tenement more
injuriously than another, the easement shall be imposed on that
tenement where it shall be more convenient to the person
demanding it, and it shall not be lawful for such person to cho ose
another tenement without the consent of its owner.
Sub-title II
OF EASEMENTS CREATED BY THE ACT OF MAN
§ I. OF THE DIFFERENT KINDS  OF EASEMENTS WHICH CAN BE 
CREATED BY THE ACT OF MAN, AND OF THE MANNER IN WHICH 
SUCH EASEMENTS ARE CREATED
Creation of 
easements.454.  It shall be lawful for owners to establish, in accordance
with article 400, any easement which is in no way contrary to
public policy.
Continuous or 
discontinuous, 
apparent or non-apparent 
easements.455. (1) Easements are continuous or discontinuous, apparent
or non-apparent.
(2) Continuous easements are those the enjoyment of which is
or may be continuous without the necessity of any actual
interference by man: such as the easement of watercourse,
eavesdrop, prospect and ot hers of a like nature.
(3) Discontinuous easements are those the enjoyment of which
can only be had by the actual interference of man: such as the
easement of right of way, of drawing water, and others of a lik e
nature.
(4) Apparent easements are t hose the existence of which
appears from visible signs: such as a door, a window, or an
artificial watercourse.
(5) Non-apparent easements are  t h o s e  w h i c h  h a v e  n o  v i s i b l e
signs of their existence: such as the prohibition to build on a  certain
land or to build above a specified height.
CIVIL CODE  [CAP. 16.   
Affirmative or 
negative 
easements.456. (1) Easements are, moreover,  affirmative or negative.
(2) Affirmative easements are those which consist in the right
of making use of the servient tenement.
(3) Negative easements are those which consist in the right of
restraining the owner of the servient tenement from the free us e
thereof.
Creation of 
continuous and 
apparent 
easements.457.  Continuous and apparent easements may be created - 
(a) by virtue of a title;
(b) by prescription, if the tenement over which such
easements are exercised may be acquired by
prescription;
(c) by the disposition of the  owner of two tenements.
Title to result from 
public deed. 
Registration 
thereof.458.  The title creating an  easement is null unl ess it results from
a public deed; and where the easement is created by a deed inter
vivos , the easement shall not be operative as regards third parties
before the deed is registered in the Public Registry as provide d in
article 330, on the demand of any  of the parties interested, or  of the
notary receiving the deed.
Creation of 
easements over 
tenements subject to usufruct.459. (1) The owner of a tenement may, without the consent of
the usufructuary, establish any easement over the tenement,
provided the right of usufruct is not in any way prejudiced the reby.
( 2 ) W i t h  t h e  c o n s e n t  o f  t h e  u s u f r u c t u a r y ,  t h e  o w n e r  m a y
establish even an eas ement diminishing the right of usufruct.
Easement granted 
by co-owner.460. (1) An easement granted by one of the co-owners of an
undivided tenement, shall not be deemed to be established until  the
other co-owners shall have also,  jointly or separately, granted  it.
(2) Any grant made under any title whatsoever by one of the
co-owners remains in abeyance until a like grant is made by all  the
others.
(3) Nevertheless, any grant made  by a co-owner, independently
of the other co-owners, shall op erate so as to restrain not onl y the
grantor but also his successors, even if singular, or any perso n
claiming under him, from obstructing the exercise of the right so
granted.
Where co-owner 
granting easement 
becomes sole 
owner of tenement.461.  An easement granted by one  of the co-owners over an
undivided tenement, shall be deemed to be fully established as soon
as the grantor becomes the so le owner of the tenement.
Where easement is 
acquired by 
prescription.462. (1) In order to acquire an easement by prescription,
possession for a period  of not less than th irty years is necess ary.
(2) If the servient tenement is subject to entail, or belongs to  a
church or any other pious institution, the prescriptive period is
forty years.
(3) In the cases referred to in th is article, the person pleadin g
prescription is not bound to produce a title, and no plea on th e
ground of bad faith can be set up against him.
  140     [CAP. 16.           CIVIL CODE
Prescription with 
regard to 
affirmative or 
negative easements.463. (1) In the case of affirmative easements, possession to
found prescription commences from the day on which the owner of
the dominant tenement has comm enced to exercise the right of
easement.
(2) In the case of negative eas ements, possession commences
from the day on which the owner of the dominant tenement, shallhave, by means of a judicial letter, protest, or other judicial  act,
restrained the owner of the serv ient tenement from the free use
thereof.
Where easement is 
in respect of water flowing from 
neighbouring 
tenement.464.  Where the easement is in respect  of a flow of water issuing
from a tenement belonging to others, or from a spring existing in
such tenement, and consists in the right of preventing the dive rsion
of the water, any visible and permanent works which the owner o f
the dominant tenement may have made in the servient tenement inorder to collect the water, or to facilitate its flow in his ow n
tenement, shall be equivalent to the restraint mentioned in the  last
preceding article.
Where 
emphyteuta, etc., 
suffers exercise of easement. 465.  Any easement which the emphyteuta, usufructuary or
tenant suffers to be exercised o ver the tenement, without any p re-
existing title, shall not prejudice the dominus or the owner of such
tenement, notwithstanding any le ngth of time during which the
easement may have been exercised.
Owner of tenement 
subject to easement 
of receiving rain-water falling on 
neighbouring 
building, may cause such 
easement to cease.466.  The owner of a tenement subjec t, in virtue of an easement
constituted without title, to re ceive the rain-water falling on  the
roofs of a neighbouring building, may, at any time, on payment of
an indemnity, compel the owner of such building to cause such
easement to cease.
Owner of building 
subject to easement 
of allowing rain-
water falling on such building to 
flow to 
neighbouring tenement, may 
cause such 
easement to cease.467.  The owner of a building in which there is no cistern, who,
in virtue of an easement constituted without title, is obliged to
allow the rain-water falling on the roofs of that building to f low to
a neighbouring tenement, may, at any time, on payment of anindemnity, cause such easement to cease if he has constructed i n
such building a cister n for the collection of such rain-water.
When easement is 
said to be created 
by “the disposition of the owner of two 
tenements”.468.  An easement is created by "the  disposition of the owner of
two tenements" if it is proved that the two tenements, now divi ded,
belonged to the same owner, and it was such owner who placed orleft things in the st ate which gives rise to the easement.
Easements that 
cannot be acquired by prescription.469. (1) Continuous non-apparent easements, and discontin-
uous easements, whether apparent or non-apparent, can only becreated by a title; they cannot be created by prescription or b y the
disposition of the owner of two tenements.
(2) Nevertheless, the easement of  right of way for the use of a
tenement may be acquired by the prescription of thirty years, i f
such tenement has no other outlet to the public road; and any o ther
easement which, on the 11th February, 1870, was already acquire d
under previous laws, m ay not be impeached.
CIVIL CODE  [CAP. 16.   
§ II. O F THE MANNER IN WHICH EASEMENTS ARE EXERCISED
Principal easement 
to include 
secondary 
easements.470.  The creation of an easement sh all be deemed to include the
granting of all that is necessary  for the enjoyment of such eas ement
with the least possible damage to the servient tenement. Thus t he
right of drawing water carries w ith it the right of way, and th e right
to cause water to be led over another person’s tenement include s
the right of way along the sides of the channel in order to wat ch
over the flow of the water, and to clean the channel and make t he
necessary repairs.
Right to carry out 
works necessary 
for enjoyment and 
preservation of easement.471.  Any person to whom an easement is competent may carry
out at his expense and in such manner as to cause as little
inconvenience as possible to the owner of the servient tenement ,
the works that are necessary for the exercise and preservation of the
easement.
When owner of 
servient tenement is bound to carry 
out repairs.472. Where the owner of the servient tenement is bound, in the
terms of the title, to bear the expense necessary for the exerc ise or
preservation of the easement, such obligation shall remain atta ched
to that tenement, even though it passes into other hands:
Provided that the possessor of such tenement may release himsel f
from such obligation by abandoning, in favour of the owner of t he
dominant tenement, that part of the servient tenement over whic h
the easement is exercised.
Where dominant 
tenement is 
divided.473.  If a severance of the dominant tenement takes place, the
easement which attached to the te nement will continue to attach  to
the several portions, without, how ever, increasing the burden o n the
servient tenement. Thus, where the easement is that of right of  way,
the owners of all the portions of the tenement so divided shall  make
use of the same path.
Owner of servient 
tenement cannot do 
anything injurious 
to easement.474. (1) The owner of the servient tenement cannot do
anything which tends to diminish  the exercise of the easement o r to
make such exercise more inconv enient. He may not alter the
condition of the tenement, nor may  he assign for the exercise o f the
easement any part of the tenement  other than that over which it  was
originally established.
(2) Nevertheless, if th e exercise of the easement in or over the
part originally assigned has beco me more burdensome to the owne r
of the servient tenement, or if such owner is thereby preventedfrom carrying out works, repairs, or improvements in his teneme nt,
he may offer to the owner of the dominant tenement a part equal ly
convenient for the exercise of the easement, and the latter may  not
refuse it.
(3) The part of the tenement assigned for the exercise of the
easement may likewise be changed upon the demand of the owner
of the dominant tenement, if he proves that such change will be  of
considerable advantage to him, and will cause no damage
whatsoever to the servient tenement.
  142     [CAP. 16.           CIVIL CODE
Owner of dominant 
tenement may not 
render easement 
more burdensome.475.  Any person having a right of easement shall exercise such
right in the terms of his title, and it shall not be lawful for  such
person to make either in the servient or in the dominant teneme nt,
any alteration which may increase the burden on the servienttenement.
Doubt as to extent 
of easement.476.  In case of doubt as to the extent of an easement, its
exercise shall be restricted to what is necessary, having regar d to
the destination of the dominant tenement at the time the easeme nt
was created and to the convenient use of such tenement, with th e
least damage to the servient tenement.
Duty of person 
granting water from a spring or 
channel.477.  In the absence of an agreement, the owner or other person
making a grant of water from a spring or a channel is bound,towards those who, under such grant, are entitled to make use o f
such water, to carry out the wor ks required to lead the water f rom
its source to the pl ace from which the wat er is to be taken.
Owner of tenement 
subject to easement 
in respect of flow 
of water may freely 
use such water.478.  The easement in respect of a flow of water, does not
deprive the owner of the servient tenement of his right of free ly
using such water to his advantage.
§ III. OF THE MANNER IN WHICH EASEMENTS ARE 
EXTINGUISHED
Easements are 
extinguished when 
they can no longer 
be exercised,479. (1) An easement is extinguished when the things subject
thereto are in such a condition that it can no longer be exerci sed.
(2) Nevertheless, the easement w i l l  r e v i v e  i f  t h e  t h i n g s  a r e
restored in such a manner that i t can be again exercised, unles s a
period of time sufficient to raise a presumption of the
extinguishment of the easement under article 481 shall haveelapsed.
by merger or unity 
of possession,480. (1) An easement is extinguished where the dominant and
the servient tenements become u nited in the ownership of one
person.
(2) Where, however, a visible sign of an easement exists, and
the owner disposes of one of the said tenements without there b eing
in the contract any declaration as to the easement, such easeme nt
shall continue to be operative, actively or passively, in favou r of, or
over, the tenement so alienated.
by non-user. 
Amended by:
L.N. 148 of 1975.481. (1) An easement is extinguished by non-user for the
period of forty years, in the case of property belonging to the
Government of Malta or to a church or other pious institution, and
of thirty years, in the case of any other property.
(2)  The provisions of this article shall not apply where the
non-user was due to the conditions referred to in article 479provided the owner of the domina nt tenement coul d not, accordin g
to law, cause such conditions to cease.
Running of periods 
of non-user.482.  The periods of non-us er referred to in the last preceding
article, shall begin to run, according to the different kinds o f
CIVIL CODE  [CAP. 16.   
easements, either from the date of the last exercise thereof, i f the
easement is discontinuous, or from the date of the first act do ne in
contravention thereof, if the easement is continuous.
Prescription in 
favour of third 
party in possession.483.  In regard to a third party in possession of the servient
tenement, the easement shall be extinguished by the lapse of th e
time required for the prescription of the ownership of the tene ment
itself according to the provisions relating to prescription und er
Title XXV of Part II of Book Second of this Code.
Prescription as to 
manner of use of 
easement.484.  The manner of enjoying an easement may be prescribed as
the easement itself.
Interruption of 
prescription by a 
co-owner.485.  Where the dominant tenement belongs to two or more
persons in common, the use of the easement made by any one of t he
co-owners shall operate so as to bar prescription with regard t o all
the co-owners.
Suspension or 
interruption of prescription with 
regard to a co-
owner.486. (1) Where among the co-owners there is one against
whom prescription could not run, such fact shall operate so as to
preserve the right of all the others.
(2) Any act which interrupts pres cription with regard to one of
the co-owners shall be nefit also the others.
Cessation of 
easement on 
partition.487.  Where two buildings which belonged to one owner, are
about to be divided, it shall be competent to each of the co-
partitioners to demand, before proceeding to the partition, the
cessation of any easement between the two tenements, providedthis can be done without any serious prejudice.
Easements 
acquired in favour of dotal or 
emphyteutical 
tenements.488. (1) Any easement acquired by the husband in favour of a
dotal tenement, or by an emphyteuta in fav our of the emphyteuti cal
tenement, shall not be extinguished on the dissolution of the
marriage or on the terminat ion of the emphyteusis.
(2) Easements, however, imposed  over the said tenements by
the said persons shall be extinguished.
Title  V
OF COMMUNITY OF PROPERTY
Sub-title I
OF THE NATURE OF THE COMMUNITY OF PROPERTY, AND OF 
THE RIGHTS OF THE CO-OWNERS DURING THE COMMUNITY
Definition of 
community of 
property.489. (1) Community of property exists where the ownership of
one and the same thing, or of one and the same right, is vested  pro
indiviso  in two or more persons.
(2) In the absence of any speci al agreement or provisions, the
community of property shall be governed by the following rules.
Share of co-
owners.490. (1) The shares of the co-owners shall, unless the contrary
  144     [CAP. 16.           CIVIL CODE
is proved, be presumed to be equal.
(2) Every co-owner shall participate in the advantages and
burdens of the community in proportion to his share.
Right of co-owner 
to make use of common property.491.  Each of the co-owners is entitled to make use of the
common property, provided -
(a) that the use be made according to the destination of the
property as established by usage;
(b) that it be not made against the interest of the
community, or in such a manner as to prevent the other
co-owners from making use of the common propertyaccording to their rights.
Contribution 
towards expenses.492.  Each of the co-owners may compel the others to share
with him the expense necessary for  the preservation of the comm on
property, saving the right of any of such other co-owners to re lease
himself from his liability therefor by abandoning his right of co-
ownership.
No alterations to be 
made without consent of co-
owners.493.  It shall not be lawful for any co-owner to effect any
alteration in the common propert y without the consent of the ot her
co-owners, even though he claims  that such alteration is benefi cial
to all.
Power of court to 
appoint 
administrator of common property.494. (1) Where the co-owners fail to agree, the court shall give
the necessary directions as to t he management and better enjoym ent
of the common property, and may appoint an administrator, evenfrom among the co-owners themselves.
(2) The court shall give effect to the opinion of the majority,
regard being had to the total number of the co-owners, unless t he
dissentient co-owners show they will be prejudiced thereby.
Each co-owner has 
full ownership of 
his share.
Amended by:XVIII.2004
.45;
XIV .2016 .2.495. (1) Each co-owner has the full ownership of his share and
of the profits or fruits thereof.
(2) He may freely alienate, assign, or hypothecate such share,
and may also, subject to the pr ovisions of article 912, substit ute for
himself another person in the enjoyment thereof, unless persona l
rights are concerned:
Provided that the effect of any alienation or hypothecation
shall be restricted to that portion which may come to the co-ow ner
on a partition.
(3) Where the heirs in an inheritance continue to hold in
common, property deriving from the succession for more than thr ee
years and no action has been ins tituted before a court or other
tribunal for the partition of the property within three years f rom the
opening of the succession and the  portions of the heirs in the said
inheritance are the same in re spect of all the assets of the
inheritance, each co-owner shall be deemed to be co-owner of ea ch
and every item of property so held in common:
Provided that this sub-article shall not apply:
(a) when property held in common is subject to any right
CIVIL CODE  [CAP. 16.   
of habitation, use or of usu fruct, for such time during
which such right  is in force; or
(b) when the property held in common consists of
property which of its very kind has of necessity to bekept indivisible; or
(c) when persons who are holding the property deriving
from the succession in common agree otherwise:
Provided further that the period  of three years referred to in
this sub-article shall commence to run together with, and shall  be
deemed as one with, the period of three years referred to in ar ticle
495A(1).
Where co-owners 
fail to agree in respect of a sale of 
a thing held in 
common.
Added by:
XVIII.2004
.46.
Amended by:
XIV .2016 .3.495A.  (1) Except in cases of condominium or necessary
community of property , where co-ownership has lasted for more
than three years and none of th e owners has instituted an actio n
before a court or other tribunal for the partition of the prope rty held
in common, and the co-owners fail to agree with regard to the s ale
of any particular property, the court shall if it is satisfied that none
of the dissident co-owners are seriously prejudiced thereby,authorise the sale in accordance with the wish of the majority of co-
owners regard being had to the value of the shares held by each  co-
owner.
(2) The request to the court shall be made by application which
shall be accompanied by a declaration of the owners who agree t o
the sale as well as a prospectus showing the number and value o f
the shares held by each of them a s well as the terms and condit ions
under which the sale is to take place. The application shall al so
indicate the date on which th e co-ownership arose and the
circumstances thereof.
(3) The application shall be served on the co-owners who do
not agree with the sale as well as on curators to be appointed by the
court to represent such of the c o-owners who are unknown or who
cannot be traced. The registrar sha ll cause a copy of the appli cation
to be published in the Gazette and in one daily newspaper.
(4) A declaration that any co-owner is not known or cannot be
traced shall be confirmed on oa th by one of the applicants.
(5) The other co-owners as we ll as the curators may within
twenty days from service upon them of the application, or in th e
case of a co-owner who has not been served with the applicationwithin twenty days from the last publication referred to in sub -
article (3), oppose the sale sta ting the serious prejudice that  they or
the co-owners represented by them  may suffer because of the sal e.
Cap. 12.(6) In assessing whether there will be serious prejudice to any
of the co-owners, the court shall take into consideration all r elevant
factors including the value of the property and the price of th e sale,
and may for this purpose order that the property be appraised i n
accordance with the provisions of article 306 of the Code of
Organization and Civil Procedure .
(7) The court shall determine the application, and where it
determines that the sale is to t ake place, it shall determine t he price
  146     [CAP. 16.           CIVIL CODE
or other consideration for the sale and it shall further -
(a) determine the time, date and place, when and where
the transfer is to take place;
(b) where the sale is to be effected by a public deed,
appoint a notary to publish the deed;
(c) appoint a curator, even among the co-owners
themselves, to represent any  of the co-owners who fail
to appear on the notarial d eed or other instrument of
transfer.
(8) The court may, on an application by any party interested,
change the date, time or place w here the transfer is to take pl ace.
(9) If more than one co-owner opposes the transfer or where
the court rejects the applicati on in terms of sub-article (7), the court
may, notwithstanding the other provisions of this article, orde r the
sale by licitation of the proper ty in accordance with the provi sions
of articles 521 and 522.
Transitory 
provision in 
respect of articles 495 and 495A and 
obligation to 
register under the Land Registration 
Act.
Added by:XV.2012
.22.
Substituted by:
XIV .2016 .4.495B.  (1) The period of three years stipulated in articles 495(3)
and 495A(1) shall apply in respect of all co-owned property to
which the said sub-articles apply which on or after the 1st Apr il
2016 shall have been held in common by the co-owners thereof fo r
a period of at least three years.
(2) The periods of ten years previously provided for in articles
495(3) and 495A(1) (prior to their amendment) and of five years
previously provided for in article 495B (prior to its substitut ion)
respectively and as in force prio r to the 1st April 2016 shall no
longer apply as from the 1st April 2016.
Cap. 296.(3) Immovable property transferred on the basis of a court
decision given under article 494(1) and not being situated with in a
land registration area for the purposes of the Land Registratio n Act
shall, notwithstanding the provisions of any other law, be deem ed
to constitute a land registratio n area for the purposes of the said Act
and it shall be registered in the Land Registry by the Notary w ho
publishes the deed of transfer a t the expense of the transferee .
Sub-title II
PARTITION OF COMMON PROPERTY
Each co-owner 
may demand partition of 
common property.496. (1) No person can be compelled to remain in the
community of property with othe rs, and each of the co-owners ma y,
at any time, notwithstanding any agreement to the contrary, dem and
a partition, provided such partition has not been prohibited or
suspended by a will under th e provisions of article 906.
(2) Nevertheless, an agreement to  the effect that property shall
continue to be held in common for a fixed period not exceedingfive years is valid; and any agr eement for a long er period, is null in
so far as it exceeds five years.
(3) Any such agreemen t may be renewed.
CIVIL CODE  [CAP. 16.   
Power of court to 
order dissolution of 
community 
notwithstanding prohibition of 
testator, etc.497. (1) Notwithstanding the prohibition or agreement
referred to in the last preceding article, it shall be lawful f or the
court, if serious and urgent rea sons so require, to order the
dissolution of the community of property, and any waiver of theright to demand a partition in similar cases is null.
(2) Where any of the co-owners has, through his fault, given
cause to the existence of the reas ons referred to in sub-articl e (1),
the court may, according to cir cumstances, in ordering the
dissolution, condemn such co-owner in all damages.
Partition may be 
demanded even if co-owner enjoyed 
separately a 
portion of the property. 498.  Partition may be demanded even though one of the co-
owners may have enjoyed separately a portion of the commonproperty, unless there has been a partition or a possession suf ficient
to give rise to prescription.
Partition of 
immovable property to be 
made by public 
deed.499. (1) A partition of immovable property is null unless it is
made by a public deed.
(2) As to the effect of any such partition in regard to third
parties, and as to the registration of the deed of partition, t he
provisions of article 330 shall apply.
Manner and form 
of partition.500. (1) Subject to the provisions of the last preceding article,
where all the co-owners are present and capable of alienatingproperty, the partition may be made in any manner and form they
may deem convenient.
(2) In the absence of an agreement to the contrary, the
following rules shall be observed, both in the partition of the  bulk
of the property as well as in any sub-division which may benecessary.
Valuation of 
property and 
making up of 
shares. Cap. 12.501. (1) The property shall be appraised by experts chosen by
the parties, or appointed by the court as provided in the Code of
Organization and Civil Procedure .
(2) The experts shall state in th eir report, whether the propert y
can be conveniently divided witho ut being injuriously affected,
and, in case the property can be so divided, the experts shall in the
same report determine each of the portions which may be made up
and the value thereof, regard be ing had, as far as it is practi cable
without considerable damage, to the provisions contained in thenext following three articles.
Right of co-owner 
to have his share in kind.502.  Each of the co-owner s may claim his share of the property
in kind.
Right of co-owner 
possessing immovables 
adjacent to those in 
community.503.  A co-owner possessing property  immovable by its nature
adjacent to any of the immovables in community about to bedivided, may demand that such immovables be assigned to him
upon a valuation, provided there be other immovables in
community out of which an approximately equal portion may be
assigned to each o f the other co-partitioners.
  148     [CAP. 16.           CIVIL CODE
Dismemberment of 
tenements and 
creation of 
easements to be avoided.504.  In forming and making up the shares, the dismemberment
of tenements or the creation of easements shall be avoided; and  it
shall be sought to include in each share the same quantity of
movables, immovables, rights or claims of the same nature andvalue.
Payment of a sum 
of money in case of 
inequality of 
shares.505.  Any inequality of the shares  in kind, where it cannot be
conveniently avoided, shall be set off by the payment of a sum of
money equal to the difference be tween the larger and the smalle r
share.
Rent-charge in lieu 
of sum of money.
Amended by: XIII.1983
.5;
L.N. 407 of 2007 .506. (1) It shall be lawful for the court, according to
circumstances, to order, in lieu of the payment of the sum of m oney
mentioned in the last preceding article, the imposition of a re nt-
charge on the larger share in favour of the smaller share, secu red by
the hypothecation of one or more of the immovables included in
such larger share.
(2) For the purposes of sub-artic le (1), the experts shall, unle ss
exempted by the co-partitioners themselves, establish in theirreport the amount of such rent-charge as may be required for
owelty of partition.
(3) The provisions of this article shall not apply unless the
inequality exceeds the sum of one hundred and sixteen euro and
forty-seven cents (116.47) and is greater than the value of one -
fourth part of t he larger share.
Other cases where 
rent-charge may be 
imposed.507.  The provisions of the last p receding article shall also
apply where the immovables held in community cannot be divided
in such a manner as to include a portion thereof in each share,  and,
in consequence, one of the shares will consist entirely of mone y or
other movables; in any such case it shall be lawful for the cou rt,
according to circumstances, to order that the share which conta ins
no immovables be made up of a rent-charge on the immovablesincluded in the other shares.
Limitation of 
amount of rent-charge.508.  Nevertheless, the rent-charge imposed on any immovable
shall in no case be greater than the fifth part of the estimate d annual
rental value of such immovable on lease.
Formation of 
shares.509.  Where the experts, chosen o r appointed to make the
valuation of the property, are not competent to make up the sha res,
such shares shall be made up by o ne of the co-partitioners or b y any
other person, if the choice is agreed upon by all, and if the p arty so
chosen accepts to act. Otherwise the shares  shall be made up by  a
person to be appointed by the court.
Drawing of lots. 510. (1) The shares shall be drawn by lot.
(2) Where, however, the shares of the co-partitioners are not
equal, the court shall determine whether the shares are to be d rawn
by lot, or whether the partition is to be carried out by assign ment in
whole or in part.
When partition is 
to be made with the 
assistance of the judge or 
magistrate.511. (1) Where any of the co-owners is subject to tutorship or
curatorship, or is an absentee re presented by a curator appoint ed by
the court, the partition is null unless it is made with the ass istance
of the judge or magistrate of the court of voluntary jurisdicti on.
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(2) The judge or magistrate shall countersign the draft deed.
(3) A partition made with the assistance of such judge or
magistrate cannot be impeached, ev en by the persons mentioned i n
sub-article (1) of this article, on the ground of non-complianc e with
the rules laid down in t he foregoing articles.
Delivery of 
documents relating 
to the subjects of the partition.512. (1) Each of the co-partitioners shall, on completion of the
partition, be put in possession of the documents relating to th e
things allotted to him, if such documents exist among the thing s
held in community.
(2) The documents relating to a thing which has been divided
shall be kept by the party having the greatest portion thereof,
subject to his obligation to show such documents, whenever
requested, to such of the co-partitioners as may be interestedtherein.
(3) The documents relating generally to all the property
formerly held in community shall be delivered to the party chos en
by all the co-partitioners, or, failing their agreement, by the  court,
as a depositary thereof, subject to his obligation to show such
documents, whenever requested, t o any of the co-partitioners.
Effects of partition. 513.  As to the effects of a partition, the provisions contained in
articles 947 to 952 inclusive of this Code relating to co-heirs , shall
be applicable generally  to co-partitioners.
Supplement in 
money and 
supplementary 
partition. Substituted by: 
LVIII.1975.3.514. (1) Where in a partition, or in any other act whereby the
community of property, whether movable or immovable, is
terminated, even though such act be designated as a sale, an
exchange or a compromise, or by any other name, the fair value of
the property allotted or assigned to one of the co-partitioners  is,
having regard to the time of such partition or other act, less than
three-fourths of the fair value of the share to which such co-
partitioner was entitled, such co-partitioner shall be entitled  to
demand from the other co-partitioner a supplement in money.
(2) No action for a supplement under sub-article (1) of this
article may be maintained where difficulties arisen between the  co-
partitioners have been settled by a compromise, even if no suit  had
been commenced in relation thereto; nor may such action be
maintained in the case of a sale of the right of co-ownership m ade
without fraud to one of the co-owners at his risk and peril by the
other co-owners or any of them.
(3) The action for demanding a supplement in money under
sub-article (1) of this article  shall be barred by the lapse of  two
years from the date of the partition or other act terminating t he
community, and the provisions of sub-article (2) of article 140 7
shall apply in resp ect of the running of such period of limitat ion.
(4) The mere omission from a partition of a thing held in
community shall only give rise to a supplementary partition.
  150     [CAP. 16.           CIVIL CODE
Sub-title III
OF SALE BY LICITATION
Sale by licitation 515. (1) Where common property cannot be divided
conveniently and without being injuriously affected, andcompensation cannot be made with other common property of a
different nature but of equal value, it shall be sold by licita tion for
the purpose of distribut ing the proceeds thereof.
(2) The same rule shall apply if, in a partition of things in
community, there are some which  no one of the co-partitioners i s
able or willing to take.
may be demanded 
by any of the co-
owners.516.  Any of the co-owners, whatever his share of the property,
may demand the sale by lic itation, where competent.
Strangers may be 
invited to bid.517.  It shall be lawful for each of the co-owners to demand that
strangers be invited by means of a n advertisement to bid at the  sale
by licitation, such advertisement being published in one or mor e
newspapers, at least six days b efore that fixed for the sale.
No formalities 
required where 
licitation takes place with the 
consent of all co-
owners,518. (1) A sale by licitation which takes place with the consent
of all the co-owners, is not subject to any formality, and may be
made by means of any person and in whatsoever manner the co-owners may agree upon; but in any such case there is no sale un til
the highest bid has been accepte d and, if the licitation is in respect
of immovable property, until a contract is made by means of apublic deed.
(2) The same rule shall apply where, although the sale by
licitation has been ordered by a judgment, the parties agree to  carry
it out in a manner other than that established for judicial sal es by
auction.
even, in certain 
cases where one of the co-owners is 
subject to 
tutorship.Amended by: 
XIII.1983
.5;
L.N. 407 of 2007 .519.  The provisions of the last p receding article shall apply
even where any of the co-owners is subject to tutorship orcuratorship, or is an absentee re presented by a curator appoint ed by
the court, provided the sale does not relate to immovable prope rty,
or, if the sale relates to movable property, the value thereof does
not exceed sixty-nine euro and  eighty-eight cents (69.88).
Licitation of 
immovable 
property, etc., where any of the 
co-owners is 
subject to tutorship, etc. 
Amended by: 
XIII.1983
.5;
L.N. 407 of 2007 .520.  Where the sale by licitation re lates to immovable property,
or to movable property of a value exceeding the sum of sixty-ni ne
euro and eighty-eight cents (69.88), and any of the co-owners i s
subject to tutorship or curators hip or is an absentee represent ed by
a curator appointed by the court , such sale shall be ineffectua l if it
is not made under the authority of the court of voluntary orcontentious jurisdictio n, as the case may be.
Licitation under 
authority of court, to be carried out as 
a judicial sale.521. (1) Where under the provisions of the last preceding
article the sale by licitation takes place under the authority of the
court, it shall be carried out according to the rules laid down  for
judicial sales by auction, in so far as such rules are applicab le,
unless the court deems it more beneficial for the parties inter ested
that it should be car ried out otherwise.
CIVIL CODE  [CAP. 16.   
(2) In all cases, strangers shall be invited to bid.
(3) The adjudication made by the registrar shall be equivalent
to the deed of sale, even if the sale relates to immovable prop erty.
Applicability of 
certain provisions relating to sale of 
immovables.522.  In case of sale of immovables by licitation, the provisions
relating generally to the sale of immovables shall apply with r egard
to the registration of the contract or of the act of adjudicati on, in
the interest of third parties.
Licitation of 
common property 
subject to entail.Sec.1 of Ordinance 
VI of 1895, 
incorporated.Amended by:
IX.2004
.14.523.*The provisions of articles 515, 516 and 517 shall also
apply to common property which is subject to any entail, in who le
or in part:
Provided that the sale by.licita tion shall not be operative unl ess it
is made under the authority of the competent court, and in any such
case the provisions of the last t wo preceding articles shall ap ply.
Title  VI
OF POSSESSION
Sub-title I
OF THE NATURE OF POSSESSION
Definition of 
possession.524. (1) Possession is the detention of a corporeal thing or the
enjoyment of a right, the ownership of which may be acquired, a nd
which a person holds or exercises as his own.
(2) A person may possess by means of another who holds the
thing or exercises the right  in the name of such person.
(3) A person who has the detention or custody of a thing but in
the name of another person, is called a holder.
A person is 
presumed to possess on his own 
behalf.525. (1) A person is in all cases presumed to possess in his
own behalf, and by virtue of a right of ownership, unless it isproved that he has commenced his possession in the name of
another person.
(2) Where a person has commenced his possession in the name
of another person, he shall be presumed always to possess upon the
same title unless the contrary be proved.
Facultative acts, 
etc., cannot found possession.526.  Acts which are merely facultative or of mere sufferance
cannot found the acquisition of possession.
Violent or 
clandestine acts.527. (1) In like manner, acts of violence or clandestine acts
cannot found the acquisition of possession.
* See art. 2 of the Investment of Certain Moneys Ordinance  (Cap. 26.) 
  152     [CAP. 16.           CIVIL CODE
(2) Nevertheless, possession ma y commence when the violence
or clandestinity ceases.
When intermediate 
possession may be 
presumed.528.  Any person actually in possession who proves that he
formerly possessed shall, in the absence of proof to the contra ry, be
presumed to have continued to possess during the intervening
period.
Actual possession 
without title does not raise 
presumption of 
former possession.529.  Actual possession shall not operate so as to raise a
presumption of former possession unless the possessor has a tit le;
in which case, in the absence of proof to the contrary, he shal l be
presumed to have possessed since the date of the title.
Possession by 
universal or 
singular successor.530. (1) Possession continues as of right in the person of a
successor by universal title.
(2) A successor by a singular ti tle, whether gratuitous or
onerous, may conjoin his own possession with that of his
predecessor in order t o claim and enjoy th e effects thereof.
Possessor in good 
faith.531. (1) A person who, on probable grounds, believes that the
thing he possesses is his own, is a possessor in good faith.
Possessor in bad 
faith.(2) A person who knows or who ought from circumstances to
presume that the thing possessed by him belongs to others, is a
possessor in bad faith.
Good faith to be 
presumed.532.  Good faith is presumed, and th e party alleging bad faith is
bound to prove it.
Rules to be 
observed with 
regard to rights and 
obligations arising from possession.533.  Save as otherwise provided in this Code, the provisions of
the following articles of this title shall be observed with reg ard to
the rights and obligations arising from possession.
Sub-title II
OF THE RIGHTS  OF THE POSSESSOR IN CASE OF MOLESTATION
Action to secure 
possessor in his 
rights in case of molestation.534.  Where any person, being in possession, of whatever kind,
of an immovable thing, or of a universitas of movables, is molested
in such possession, he may, within one year from the molestatio n,
demand that his possession be retained, provided he shall not h ave
usurped such possession from the defendant by violence or
clandestinely nor obtained it from him precariously.
Action for 
restoration of 
possession in case of spoliation. 
Cap. 12.535. (1) Where any person is by violence or clandestinely
despoiled of the possession, of whatever kind, or of the detent ion of
a movable or an immovable thing , he may, within two months from
the spoliation, bring an action against the author thereof dema nding
that he be reinstated in his possession or retention, as provid ed in
article 791 of the Code of Organization and Civil Procedure .
(2) Such reinstatement shall be ordered by the court even
though the defendant be the owner of the thing of which theplaintiff has been despoiled.
CIVIL CODE  [CAP. 16.   
Restoration of 
possession does 
not bar other 
possessory actions.536.  The reinstatement in the case provided for in the last
preceding article shall not operate so as to bar the exercise o f any
other possessory action competent to any possessor.
Issues as to 
possession in 
matters concerning easements.537.  In questions of possession in matters concerning
easements, the rights and obligations of the dominant and the
servient owners and of any ot her party interested shall be
determined by the mode of enjoyment during the preceding year,
or, where the easement is exercis ed at intervals of more than o ne
year, by the last user thereof.
Action to restrain 
continuation of new work where 
damage is feared.538. (1) Where a person has reason to apprehend that in
consequence of a new work undertaken by any other person eitherin such other person’s own tenement or in the tenement of other s,
damage may be caused to an immovable thing possessed by him, he
may bring an action demanding that such other person be restrai ned
from continuing such new work, provided this shall not have as yet
been completed and one year sha ll not have elapsed from the
commencement thereof.
(2) The court, after summarily taking cognizance of the facts of
the claim, may, according to circu mstances, either restrain or allow
the continuation of such new work, ordering such security as it  may
deem proper.
(3) Where the continuation of the work has been restrained,
such security shall be in respect of the payment of any damages
which may be caused by the suspension of the work, in case theopposition to the continuation thereof shall prove to be ground less.
(4) Where the continuation of the work has been allowed, such
security shall be for the total or partial demolition of the wo rk, and
for the payment of the damages which the plaintiff may suffer, in
case he obtains, notwithstanding that the work was allowed to b e
continued, a final and absolute judgment in his favour.
Action competent 
to person 
apprehending 
damage from any building, tree, etc.539.  Where any person has reasona ble cause to apprehend any
serious and impending damage to a tenement or other thing
possessed by him, from any building, tree or other thing, he ma y
bring an action demanding, according to circumstances, either t hat
the necessary steps be taken to obviate the danger, or that the
neighbour be ordered to give security for any damage the plaint iff
may suffer therefrom.
  154     [CAP. 16.           CIVIL CODE
Sub-title III
OF THE  RIGHTS AND OBLIGATIONS AS BETWEEN 
THE POSSESSOR AND THE OWNER
§ I. OF THE  FRUITS OF THE THING POSSESSED, OF THE 
EXPENSES INCURRED IN CONNECTION THEREWITH AND 
OF THE RIGHT OF RETENTION
Right of possessor 
in good faith with regard to fruits of 
thing possessed.540. A possessor in good faith acquires the fruits of the thing
possessed, even though such thing be an inheritance; and he is not
bound to restore except such fruits as he shall have collected,  or, by
the exercise of the diligence of a  bonus paterfamilias , could have
collected, after a judicial demand:
Provided that he shall not be bound to restore the price of
unplucked or uncut fruits, received by him before the judicial
demand, even though, at the time of such demand, the fruits may  be
as yet unplucked from the trees or uncut from the ground.
Possessor in bad 
faith.541.  A possessor in bad faith is bound to restore all the fruits
which he has collected, or, by th e exercise of the diligence of  a
bonus  paterfamilias , could have collected from the day of his
unlawful occupation.
Right of possessor 
in good faith as to expenses.542. (1) A possessor in good faith may demand from the
owner the reimbursement  of the necessary expenses whether their
effect continues or not.
(2) As regards useful expenses, the owner is bound either to
refund to the possessor the cost of the work or, at his option,  to pay
to him a sum corresponding to the enhanced value of the thing.
(3) The court may, according to c ircumstances, direct that the
refund of the expenses made on an immovable, be effected by theowner by means of a rent-charge secured by the hypothecation of
the immovable, or in any other manner as to fully satisfy the d ebt
and which is at the same time less onerous to the debtor.
Possessor in bad 
faith.543. (1) In relation to a possessor in bad faith, the owner has,
in respect of necessary expenses, and of useful expenses for
meliorations which cannot be rem oved, the same obligations as a n
owner has in relation to a possessor in good faith, provided
possession of the thing shall not have been obtained by theft o r
some other offence which does not fall under the class ofcontraventions.
(2) As regards useful expenses for meliorations which can be
removed, the owner may elect either to retain such meliorations  or
to compel the possesso r to remove them.
(3) If the owner demands the removal of such meliorations, the
possessor shall remove them at his expense without any right to
indemnity, and he shall be bound to make good to the owner anydamage which the latter may have suffered.
(4) If the owner elects to retain the meliorations, he shall, at  his
CIVIL CODE  [CAP. 16.   
option, either refund to the possessor the cost thereof or pay to him
a sum corresponding to the enhanced value of the thing.
Rights of possessor 
as to decorative 
expenses. 544.  With regard to decorative expenses the possessor, whether
in good or bad faith, shall only be entitled to take back the
adornments in kind, provided this  be advantageous to the posses sor
and not injurious to the thing, unless the owner desires to ret ain
such adornments, and pay to th e possessor a sum corresponding t o
the profit that the latter might make by taking them away.
Definition of 
necessary, useful 
and decorative expenses.545. (1) Necessary expenses are th ose without which the thing
would have perished or deteriorated.
(2) Useful expenses are those which ameliorate the thing by
making it more convenient, or capa ble of yielding more fruit, b ut
the omission of which is not prejudicial to the thing.
(3) Decorative expenses are those which serve only to adorn
the thing, without rendering it more convenient or capable ofyielding more fruit, and which if omitted would not cause the t hing
to deteriorate.
(4) Decorative expenses may, how ever, in certain cases, be
considered as useful expenses, regard being had to the conditio n of
the owner, or to the existence of particular circumstances whic h
may afford the owner an immediate opportunity of deriving profi t
from such expenses.
Possession of thing 
obtained by theft or 
other offence.546.  Any person who shall have obtained possession of the
thing by theft or any other off ence, not being a mere contraven tion,
shall not be entitled to any indemnity for any kind of expenses , or
to remove any meliorations made on the thing; and he may becompelled by the owner to remove at his expense, and without an y
right to indemnity, such objects as may be removed, and also to
make good any damage which the owner may have suffered.
Set-off of fruits 
against expenses.547. The set-off of the fruits agai nst the expenses mentioned in
the foregoing articles shall tak e place even with regard to the
possessor in good faith:
Provided such possessor shall, besides the fruits which he is
bound to restore according to the provisions of article 540, be
bound to bring into account only the fruits which he shall have
collected during the five years preceding the judicial demand o f the
owner.
Where possessor in 
good or bad faith is not bound to 
restore fruits of 
meliorations.548.  The possessor, whether in good or bad faith, shall not be
bound to restore, or to bring into account for the purposes of the
set-off mentioned in the last preceding article, the fruits of any
meliorations which, under the pro visions of the foregoing artic les,
he has the right to remove, or for which he is to be indemnifie d by
the owner, unless the owner agrees to pay to him interest on th e
cost of such meliorations.
Expenses for the 
production or 
preservation of fruits.549. (1) The expenses for the production or preservation of the
fruits of a thing are not comprised in those referred to in the
foregoing articles of this sub-title.
(2) Such expenses shall always be deducted from the said
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fruits.
Right of retention 
competent to possessor.550.  Where under the provisions o f the foregoing articles, a
possessor, whether in good or bad faith, is entitled to recover  the
expenses made on a thing belonging to others, either by taking back
the subject of such expenses, or  by the reimbursement of the sa id
expenses, he shall, saving the p rovisions of article 2079, be e ntitled
to retain the thing until he shall have obtained what is due to  him,
provided his demand for the reco very of such expenses is made,
even orally, during the hearing of the action, before judgment is
delivered on the demand of the ow ner for the restoration of the
thing.
§ II. O F THE OBLIGATIONS OF THE POSSESSOR WITH REGARD
TO THE RESTORATION OF THE THING
Possessor in good 
faith to make good 
damage.551.  A possessor in good faith is bound to make good such
damage as, by his own act or otherwise, even before the judicia l
demand of the owner, may have been caused to the thing, but onl y
to the extent of the benefit which he has derived from such dam age.
If the thing 
possessed be an inheritance.552.  Where the thing possessed is an inheritance or a portion of
an inheritance, the possessor, even if in good faith, who hasalienated any hereditary thing, is, moreover, bound to restore,  but
always to the extent of the bene fit which he has derived from s uch
alienation, the value of such thing.
Where possessor is 
deemed to have 
derived a benefit.553.  For the purposes of the provisions of the last two
preceding articles, the possesso r is deemed to have derived a
benefit from the said damage or alienation in each of the follo wing
cases only:
(a) if the subject of the benefit so derived is found, at the
time of the judicial demand, to exist separately from
the things belonging to the possessor;
(b) if, where the subject of such benefit has been
intermixed with things belonging to the possessor, his
estate is found, at the time of such demand, to have
been enhanced thereby;
(c) if, where the subject of such benefit has been
consumed by the possessor, such possessor has in
consequence saved his own things, and such saving
still exists:
Provided that it shall be lawful for the possessor in any of th e
foregoing cases to retain the subject of such benefit on paying  to
the plaintiff the value of the things at the time he shall have
disposed thereof or their value at the time of the demand,
whichever is the greater.
Possessor in good 
faith not bound to restore value of 
things given, etc.554.  A possessor in good faith is not, even in the case of
possession of an inheritance, bound to restore the value of thi ngs
given, lost or destroyed without profit.
CIVIL CODE  [CAP. 16.   
Applicability of 
ss.552, 553 and 
554 to possessor of 
other universitas 
rerum.555.  The provisions of the last t hree preceding articles shall
apply to the possessor of any other  universitas rerum .
Possessor in bad 
faith to restore things wrongfully 
occupied by him.556. (1) A  possessor in bad faith shall in all cases be bound to
restore all the things which he has wrongfully occupied.
(2) Where such possessor has, whether voluntarily or through
his own fault, ceased to possess any of such things, he shall b e
bound to restore to the plaintiff any profit which he may have
derived therefrom or, at the option of the plaintiff, to pay to  him the
value of the thing at the time of the cesser of possession or t he
value thereof at the time of the demand, whichever is the great er,
notwithstanding that, in such case, he shall not have derived a ny
profit therefrom.
Possessor in bad 
faith answerable for damage caused 
to thing.557.  A possessor in bad faith shall also be liable for all damage
which may have been occasioned by  his own act as well as for th at
occasioned by a fortuitous event unless, whatever the manner in
which he may have obtained possession of the thing, he shows th at
the thing would have equally perished or deteriorated if it had  been
in the possession of the owner.
§ III. O F THE PARTICULAR EFFECTS OF THE POSSESSION OF 
MOVABLES
Possession of 
movables by third 
parties in good 
faith.558. (1) In the case of movables by nature, or securities to
bearer, possession shall produce in favour of third parties in good
faith the same effects as the title, saving, in regard to vesse ls, the
provisions of any other law.
(2) The provisions of this article  shall not apply in the case o f a
universitas  of movables.
Owner of thing lost 
or stolen may 
recover it.559. (1) It shall, nevertheless, be lawful for any person who
has lost a thing, or has been robbed thereof, to recover it on
indemnifying the possessor.
(2) Such person may even recover the thing without any
obligation to indemnify the possessor if the latter has not obt ained
the thing in good faith, under an onerous title, from a party w ho
was presumably the owner thereof or a person charged by the
owner to dispose of it.
  158     [CAP. 16.           CIVIL CODE
PART II
OF THE MODES OF ACQUIRING AND TRANSMITTING PROPERTY 
AND OTHER RIGHTS OVER OR RELATING TO THINGS
GENERAL PROVISIONS
Acquisition and 
transmission of 
property by 
succession, etc.560. (1) Ownership and other rights over things, or relating to
things, may be acquired and tran smitted by succession, or by vi rtue
of an agreement or by means of prescription.
(2) Ownership may also be acquired and transmitted by
occupancy or by accession.
Title I
OF OCCUPANCY
Definition of 
occupancy.561. (1) Occupancy consists in taking possession of a
corporeal thing which is not, but can be, the property of any o ne,
with the intention of becoming the owner of it.
(2) The occupant shall acquire the ownership thereof, unless
the law provides otherwise.
Rights of owners 
of swarms of bees.562. (1) The owner of a swarm of bees has the right to pursue
them over the tenement of any other person, subject to his
obligation of making good any damage caused to such tenement.
(2) Where the owner has not pursued the bees within ten days
to be reckoned from the day on which he became aware of thetenement on which they had settled, or has discontinued the pur suit
for ten days, the possessor of such tenement shall be entitled to take
and retain them.
(3) The provisions of this article shall also apply to the owner
of domesticated animals; but such animals shall become theproperty of the person who has taken and retained them, unless they
are claimed within thirty days to be reckoned from the day on
which the owner has had knowledge of the place in which suchanimals were to be found.
Treasure trove. 
Cap. 445.563. (1) Saving the provisions of the Cultural Heritage Act ,
where a treasure trove is discovered in a tenement of anotherperson, such treasure trove if discovered by mere chance, shall
belong as to one-half to the finder, and as to the other half t o the
owner of the tenement wherein it is found, and if discovered as  a
result of searches made for the purpose, it shall belong entire ly to
the owner of t he tenement.
(2) The expression "treasure trove" means and includes any
movable thing, even though not p recious, which is concealed or
buried, and of which no one can prove himself to be the owner.
CIVIL CODE  [CAP. 16.   
Lost property. 
Amended by: 
L.N 148 of 1975; 
XXII.1979.2.564. (1) Any person who finds a movable thing, not being a
treasure trove, is bound to restore it to its previous possesso r, if
known: otherwise he is bound to deliver it without delay to the
Police.
(2) The Commissioner of Police shall publish by means of a
notice in the Gazette a list of t he movable things referred to in sub-
article (1) of this article, and shall re-publish such list, wi th the
exception of the things claimed by their owner, after three mon ths
of the said notice.
(3) At  the expiration of three mont hs from the date of the
publication of the second notice, if the owner has not appeared  to
claim the thing, such thing or, where circumstances have render ed
its sale expedient, the  price thereof, shall  belong to the find er.
(4) The owner or the finder, as the case may be, shall, on
withdrawing the thing or its price, pay any expenses which may
have been incurred.
(5) Moreover, the owner who withdraws the thing, shall pay to
the finder a reward to be regulat ed according to circumstances,  and
not exceeding one-tenth part of the value of the thing found.
(6) If, within the lapse of six months of the first notice
published in the Gazette under sub- article (2) of this article,  neither
the finder nor the owner claims t he thing or the price thereof,  such
thing or price, as the case may be, shall belong to the Governm ent.
Things thrown or 
falling into the sea.Amended by:
L.N. 46 of 1965; 
LVIII.1974.68.565. (1) The provisions of the las t preceding article shall not
apply to such things as are cast or have fallen into the sea, o r are
thrown by the sea upon the shore,  or to plants and herbs which
grow on the seashore, or in the bottom of the sea, except in so  far as
the rights over such things are  not regulated by special laws.
(2) It shall not be lawful, without the permission of the
President of Malta, to fish for coral or other similar things t hat are
formed or grown in the bottom of the sea.
Title  II
OF ACCESSION
Definition of 
accession.566.  Accession is the right whereby the person who has the
property of a thing acquires the property of all that the thing
produces, or that becomes united  to, or incorporated with it,
whether naturally or artificially.
Sub-title I
OF THE RIGHT OF ACCESSION TO WHAT I S PRODUCED BY THE 
THING
Ownership of 
natural, industrial 
or civil fruits.567.  Natural, industrial, or civil fruits belong, by right of
accession, to the owner of the th ing that produces them subject  to
  160     [CAP. 16.           CIVIL CODE
the obligation of refunding the expenses incurred by third part ies
for the production or preservation of such fruits.
Sub-title II
OF THE RIGHT OF ACCESSION IN REGARD TO IMMOV ABLE 
THINGS
Constructions, 
plantations, or 
works made with 
materials belonging to 
others.568.  Where the owner of a land has made thereon
constructions, plantations, or works with materials belonging t o
others, he shall be bound to pay the value of such materials, a nd, in
case of bad faith, to pay also damages and interest; but the ow ner of
the materials shall not have the right of taking them back unle ss he
can do so without destroying the work so constructed, or causin g
the plantation to perish.
Constructions, etc., 
made by third party 
in possession with his own materials,569. (1) Where any such constructions, plantations, or works
have been made by a third party in possession, with his own
materials, the provisions relatin g to Possession under Title VI  of
Part I of Book Second of this Code shall apply, regard being ha d as
to whether such possessor was in good or bad faith.
(2) If such third party was not a possessor within the meaning
of article 524 the provisions contained in article 543 shall in  all
cases be applied.
with materials 
belonging to others.570.  Where such constructions, pl antations, or works have been
made by a third party with mater ials belonging to others, the o wner
of such materials shall not be entitled to recover them back, b ut he
may demand to be indemnified by the third party who has made us e
of such materials, and even by the owner of the tenement to theextent of any amount  which may be still due by such owner.
Occupation in 
good faith of a portion of a 
contiguous 
tenement.571.  Where in the construction of any building a portion of a
contiguous tenement has been o ccupied in good faith, and the
construction has been made with the knowledge of the neighbour
and without any opposition on his part, the ground so occupied and
the building constructed thereon may be declared to be the prop erty
of the person who made the cons truction, subject to his obligat ion
to pay to the owner of the ground the value of the surface occu pied,
and to make good any damage w hich may have been caused.
Sub-title III
OF THE RIGHT OF ACCESSION IN REGARD TO MOVABLE THINGS
Right of accession 
in regard to 
movable things.572. (1) The right of accession in regard to movable things
belonging to several owners shall  be governed by the principles  of
natural equity.
(2) The provisions contained in the following articles shall
guide the court in the disposal of cases not specifically provi ded
for, regard being had to the p articular circumstances of each c ase.
CIVIL CODE  [CAP. 16.   
Where two things 
belonging to 
different owners 
have been united so as to form a 
whole.573. (1) Where two things belonging to different owners have
been united in such a manner as to form a whole, but can
nevertheless be separated without considerable damage to either  of
them, each of the owners shall retain the ownership of his ownthing, and shall be entitled to demand separation.
(2) Where, however, the two things cannot be separated
without considerable damage to one of them, the whole shall
belong to the owner of the thing which forms the principal part
thereof, subject to his obligation to pay to the other owner th e value
of the thing united to his own.
Which part is to be 
considered as 
principal.574.  The part to be considered as principal shall be that to
which the other has been united merely for the use, adornment, or
completion of the former.
Where accessory is 
much more 
precious than 
principal.575.  Nevertheless, if the thing united is much more precious
than the principal thing, and ha s been made use of without the
concurrence of the owner, su ch owner may elect either to
appropriate the whole and pay to the owner of the principal thi ng
the value thereof, or to demand the separation of the thing uni ted,
even though such separation may cause injury to the other.
When thing is 
considered as 
principal by reason of its value or bulk.576.  Where of two things united to form a who le neither can be
considered as the accessory of the other, the one which has the
greater value, or, if the values are approximately equal, the g reater
bulk shall be deemed to be the principal.
Where artificer 
employs materials not belonging to 
him,577.  Where an artificer or any other person has made use of
materials not belonging to him, for the purpose of producing athing of a new species, the owner of such materials shall,
independently of whether the materials can be restored to their
primitive condition or not, be entitled to the ownership of the  thing
so produced, subject to his obligation of paying to the artific er or
other person the price of the workmanship.
or materials 
belonging partly to 
him and partly to others. 578.  Where any person has, for the purpose of producing a
thing of a new species, made use of materials partly belonging to
him, and partly belonging to others, in such a manner that, alt hough
neither the materials of the one nor those of the other have be en
entirely transformed, such materials cannot, nevertheless, be
separated without injury, the thing shall belong in community t o
both owners in such shares as correspond to the value of their
respective contribution, that is, in regard to the one, to the value of
the materials which belonged to him, and, in regard to the othe r, to
the value of the materials which belonged to him and the price of
the workmanship.
Where 
workmanship is 
much more 
valuable than materials.579.  Where, however, the workmanship is so valuable that it
considerably surpasses the value of the materials employed, the
workmanship shall be considered as the principal subject, and t he
artificer shall be entitled to retain the thing so formed on pa ying to
the owner the price of the materials.
Commixture of 
several materials.580. ( 1 ) W h e r e  a  t h i n g  h a s  b e e n  f o r m e d  b y  a  m i x t u r e  o f
different materials belonging t o different owners, and such
materials can be separated without injury, the owner who has no t
given his assent to the commixture, may demand separation.
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(2) If the materials cannot be separated or if such separation
cannot take place without injur y, the thing created by the
commixture becomes common property in proportion to the valueof the materials bel onging to each party.
Where materials 
belonging to one owner can be 
considered as the 
principal subject.581.  Where, however, the materials belonging to one of the
owners can be considered as th e principal subject, or are far
superior in value to the other m aterials, and the different mat erials
cannot be separated, or would, if separated, suffer injury, it shall be
lawful for the owner of such mat erials as are reputed to be the
principal subject, or are superior in value, to claim the owner ship of
the thing created by the commixture, subject to his obligation of
paying to the other owner the value of his materials.
Owners of 
materials may demand sale by 
auction of new 
subject of property.582.  Where the new subject of pr operty remains  in community
between the owners of the several  materials with which the subj ect
was created, each co-owner may de mand the judicial sale thereof
by auction for the common benefit and at joint expense.
Rights of owner of 
materials 
employed without 
his concurrence.583.  In all cases in which the owner of the materials employed
without his concurrence is en titled to claim the ownership of t he
thing, he may demand, at his option, either that materials of t he
same quality and quantity be retur ned to him, or the value ther eof.
Liability for 
damages.584.  Any person who has made use of materials belonging to
others without their consent may also be condemned to paydamages, saving any criminal proceedings to which he may be
liable.
Title  III
OF SUCCESSIONS
GENERAL PROVISIONS
Definition of 
inheritance.585.  An inheritance is the estate of a person deceased, and it
devolves either by the disposition of man or, in the absence of  any
such disposition, by operation of law.
How inheritance is 
disposed of.
Amended by:XVIII.2004
.47;
XI.2005 .2.586. Saving the provisions relating to donations made in
contemplation of marriage and those relating to life insurance,  it
shall not be lawful to dispose o f an inheritance, either wholly  or in
part, or of any sum of money or o ther particular subject belong ing
to an inheritance othe rwise than by a will.
Testamentary 
instruments made 
before 11th 
February 1870.587. The provisions of this Code shall not supersede any other
law previously in force with reg ard to any testamentary instrum ent
made before the 11th February, 1870, even though on such date t he
disponer may have been still alive:
Provided that if any such instrument is not valid according to
such other law it may, unless it is revoked by the disponer, bemaintained under the provisions  of this Code, provided it satis fies
the requirements thereof.
CIVIL CODE  [CAP. 16.   
Sub-title I
OF TESTATE SUCCESSIONS
§I. OF WILLS
Definition of will. 588.  A will is an instrument, revocable of its nature, by which a
person, according to the rules laid down by law, disposes, for the
time when he shall have ceased to live, of the whole or of a pa rt of
his property.
Dispositions by 
universal or 
singular title.589. (1) A  will may contain dispositions by universal as well
as by singular title.
(2) It may also contain dispositions by singular title without
any disposition by universal title.
Definition thereof. 590. (1) A disposition by universal title is that by which the
testator bequeaths to one or more persons the whole of his prop erty
or a portion thereof.
(2) Any other disposition is a disposition by singular title. 
Heir. 591. (1) The word "heir" applies to the person in whose favour
the testator has disposed by universal title.
Legatee. (2) The word "legatee" applies to the person in whose favour
the testator has disposed by singular title.
Will unica charta.
Amended by:
XVIII.2004 .48;
L.N. 407 of 2007;
XXIII.2017. 65. 592. (1) A  will made by the spouses in one and the same
instrument, or, as is commonly known, unica charta , is valid.
(2) Where such will is revoked by one of the testators with
regard to his or her estate, it shall continue to be valid with  regard
to the estate of the other.
(3) A will unica charta shall be drawn up in a manner that the
provisions with regard to the estate of one of the testators ar e drawn
up in a part separate from those containing the provisions of t he
other spouse.
(4) The non-observance of the provisions of sub-article (3)
shall not cause the nullity of any provision of the will if it is
otherwise intelligible; but the notary drawing up the will shal l be
liable to a fine of two hundred and thirty-two euro and ninety- four
cents (232.94) to be imposed by the Court of Revision of Notari al
Acts.
Where a spouse 
revokes a will 
unica charta .
Substituted by:
XVIII.2004 .49.
Amended by:L.N. 407 of 2007;
XXIII.2017. 66.593. (1) Where, by a will unica carta , the testators shall have
bequeathed to each other the ownership of all their property or  the
greater part thereof with the exp ress and specific condition th at if
one of the testators revokes such bequest he shall forfeit any right
in his favour from such joint will, the survivor, who shall rev oke
the will with regard to such bequest, shall forfeit all rights which
such person may have had in virt ue of such will on the estate o f the
predeceased spouse.
(2) The forfeiture mentioned in sub-article (1) can also be
  164     [CAP. 16.           CIVIL CODE
ordained in the case where, by his or her act, the said bequest
cannot be effectual with reg ard to his or her estate.
(3) The notary drawing up a will unica charta is bound on pain
of a fine of two hundred and thirty-two euro and ninety-four ce nts
(232.94) to be imposed by the C ourt of Revision of Notarial Act s to
explain to the testators in a will unica charta the meaning and
effect of this article and of article 594, and enter in the wil l a
declaration to  that effect.
Effects of 
revocation.
Substituted by:XVIII.2004
.49.594.  In the cases referred to in article 593(1) and (2) the
ownership of the property bequeathed to the spouse incurring th e
forfeiture, shall, unless otherwise ordained by the other spous e,
vest in the heirs instituted by such other spouse, or if no hei rs are so
instituted his heirs-at-law. The spouse who has forfeited the
property as aforesaid shall, howe ver, retain the usufruct over such
property.
Will unica charta  
admissible only 
between the 
spouses. Amended by: 
XXX.1981
.8;
XXIII.2017. 68. 595. It shall not be lawful for any two or more persons, other
than the spouses, to make a will in one and the same instrument ,
whether for the benefit of any t hird party or for mutual benefi t:
Provided that a secret will in one and the same instrument shal l
not be made by spouses after the 15th August, 1981.
§ II. O F THE CAPACITY OF DISPOSING OR RECEIVING BY WILL
Capacity of 
disposing or receiving by will. 
Amended by:
LVIII.1975.4;XVIII.2004
.50.596.  (1) Any person not subject to incapacity under the
provisions of this Code, may dis pose of, or receive property by
will.
(2) All children and descendants without any distinction are
capable of receiving by will from the estate of their parents a nd
other ascendants to the extent established by law.
Testamentary 
incapacity.
Amended by:
XVIII.2004 .51;
II.2012 .15.597.  The following persons are incapable of making wills:
(a) those who have not completed the sixteenth year of
their age;
(b) those, who, even if not interdicted, are not capable of
understanding and volition,  or who, because of some
defect or injury, are incapable even through
interpreters of expressing their will:
Provided that a will can only be made through an
interpreter if it is a public  will and the notary receiving
the will is satisfied after giving an oath to the
interpreter that such interpreter can interpret thewishes of the testator correctly;
(c) those who are interdicted on the ground of insanity or of
mental disorder;
(d) those who, not being interdicted, are persons with a
mental disorder or other condition, which renders themincapable of managing their own affairs at the time of the
will;
CIVIL CODE  [CAP. 16.   
(e) those who are interdicted on the ground of prodigality
unless they have been authorized to dispose of their
property by the court which had ordered theirinterdiction:
 Provided that a person interdicted on the ground of
prodigality may, even without the authority of the
court, revoke any will made by him prior to hisinterdiction.
Persons under 
eighteen can only make remuneratory 
dispositions.598. (1) Those who have not completed the eighteenth year of
their age cannot make by will other than remuneratory dispositi ons.
(2) Nevertheless, where any such disposition, regard being had
to the means of the testator and to the services in reward of w hich it
is made, is foun d to exceed a reasonable a mount, it may be redu ced
by the court to such amount.
Wills made by 
persons subject to 
incapacity are null even though 
incapacity ceases 
before testator’s death.599.  Any will made by a person subject to incapacity is null,
even though the incapacity of the testator may have ceased befo re
his death.
Those not yet 
conceived cannot receive by will.600. (1) Those who, at the time of the testator’s death or of the
fulfilment of a suspensive condition on which the dispositiondepended, were not yet conceive d are incapable of receiving by
will.
(2) The provisions of this article shall not apply to the
immediate children of a determinate person who is alive at the time
of the death of the testator, nor  to persons who may be called to the
enjoyment of a foundation.
Those not born 
viable cannot 
receive by will.601. ( 1 ) T h o s e  w h o  a r e  n o t  b o r n  v i a b l e  a r e  i n c a p a b l e  o f
receiving by will.
(2) In case of doubt, those who are born alive shall be
presumed to be viable.
All children may 
receive by will.Substituted by:
XVIII.2004
.52.602.  All the children of the testator whether born in wedlock,
out of wedlock or adopted or whether or not the presumptionreferred to in articles 102 to 112 applies to them may receive by
will from the testator.
Portion which 
surviving spouse 
may receive by 
will where deceased leaves 
children or 
descendants.603.  Repealed by: XVIII.2004 .52.
Portion which may 
be received by 
husband or wife in 
case of second or 
subsequent marriage.
Amended by: 
XXI.1962.11.604. Repealed by: XVIII.2004 .52.
  166     [CAP. 16.           CIVIL CODE
Persons unworthy 
of receiving by 
will. 
Amended byXLIX.1981
.4;
XVIII.2004 .53.605. (1) Where any person has - 
(a) wilfully killed or attempted to kill testator or his or her
spouse; or
(b) charged the testator, or the spouse, before a competent
authority, with a crime punishable with imprisonment,
of which he knew the testator, or the spouse, to be
innocent; or
(c) compelled, or fraudulently induced the testator to
make his will, or to make or alter any testamentary
disposition; or
(d) prevented the testator from making a new will, or from
revoking the will already made, or suppressed,falsified, or fraudule ntly concealed the will,
he shall be considered as unworthy, and, as such, shall be inca pable
of receiving propert y under a will.
(2) The provisions of this article shall also apply to any perso n
who has been an accomplice in any of the said acts.
Rehabilitation. 606.  Any person who has incurred any of the disqualifications
stated in the last preceding article may receive by will if thetestator has rehabilitated him by a subsequent will or by any o ther
public deed.
Unworthy heir or 
legatee to restore 
fruits.607.  Any heir or legatee, excluded as unworthy from receiving
the inheritance or legacy, is bound to restore any fruits or re venues
which he may have received sin ce the opening of  the succession.
Descendants of 
person unworthy 
are entitled to the reserved portion.
Amended by:
XVIII.2004
.54.608. The descendants of a person excluded as unworthy shall, in
all cases, be entitled to the reserved portion, which would hav e
been due to the person so excluded:
Provided that such person shall not have, over the portion
of the estate vested in his children, the right of usufruct andadministration which the law grants to parents.
Incapacity of tutors 
or curators to receive by will.609. (1) A  tutor or curator cannot benefit under a will made
during the tutorship or curator ship by the person under his cha rge.
(2) The same rule shall apply where the will is made after the
termination of the tutorship or curatorship, but before the ren dering
of the final account, even if the testator dies after the appro val of
such account.
(3) The disability laid down in this article shall not apply to the
tutor or curator who is an ascendant, descendant, brother, uncl e,
nephew, cousin or spouse of t he person making the will.
CIVIL CODE  [CAP. 16.   
Incapacity of 
notary receiving a 
public will to 
benefit under the same.  
Amended by:
V .1993
.2.
Substituted by:
XXIV .2011 .99.
Cap. 331.Cap. 55.610. Saving the provisions of the Trusts and Trustees Act  and of
article 12 of the Notarial Profession and Notarial Archives Act , the
notary by whom a public will has been received, or the person b y
whom a secret will has been wr itten out, cannot benefit in any way by
any such will.
Incapacity of 
members of monastic orders, 
etc. 
Amended by: V .1993
.2.611. (1) The members of monastic orders or of religious
corporations of regula rs cannot, after taking the vows in the
religious order or corporation, dispose by will.
(2) Nor can such persons receive  under a will except small life
pensions, saving any other prohibition laid down by the rules o f the
order or corporation to which they belong.
(3)*Where such persons are lawfu lly released from their vows,
they shall again acquire the capacity to receive under a will, as well
as to dispose of such property  as they may have subsequently
acquired, and any disposition made in favour of a person who at  the
time of the testator’s death was a member of a monastic order o r of
a religious corporation of regulars shall remain suspended unti l
such person is either released from his vows as aforesaid or di es
while still a member of such order or corporation, and shall beineffectual if the person, in wh ose favour it is made, dies whi le still
such a member.
Disposition in 
favour of incapable 
persons is null 
even if made through 
intermediaries.
Amended by:XVIII.2004
.55.612. (1) Any testamentary disposition in favour of a person
who is incapable in terms of articles 609 and 610 is void, even  if
such disposition is made in t he name of intermediaries.
(2) Where the incapacity is partial any such disposition shall b e
void only in part.
Persons deemed to 
be intermediaries.Amended by:
XXIII.2017.
69.613.  Any one of the parents, the descendants, and the spouse of
the person under any such incapacity, as the case may be, shall  be
deemed to be intermediaries.
§ III. O F THE PROPERTY WHICH MAY BE DISPOSED OF BY WILL
Property which 
may be disposed of 
by will.Substituted by:
XVIII.2004
.56.614. (1) Where the testator has no descendants or spouse, he
may dispose by universal or singular title of the whole of his estate
in favour of any person capab le of receiving under a will.
(2) Where the testator has descendants or a spouse, the
disposable portion of his estate shall be that which remains af ter
deducting such share as is due to the said descendants or spous e
under any of the provisions of articles 615 to 653.
*For the application of this provision see article 4 of Act V of 1993.
  168     [CAP. 16.           CIVIL CODE
Substituted by:
XVIII.2004 .57.OF THE RESERVED PORTION AND DISHERISON
Reserved portion.Substituted by:XVIII.2004
.58.
Amended by:
XV.2012 .23.615. (1) The reserved portion is the right on the estate of the
deceased reserved by law in favour of the descendants and thesurviving spouse of the deceased.
(2) The said right is a credit of the value of the reserved port ion
against the estate of the deceased . Interest at the rate establ ished in
article 1139 shall accrue to such credit from the date of the o pening
of succession if the reserved portion is claimed within two yea rs
from such date, or from the date  of service of a judicial act i f the
claim is made after th e expiration of the said period of two ye ars:
Provided that the Court may, if the circumstances of the case
so require, decide not to award any interest or establish a rat e of
interest which is lower than t hat stipulated in article 1139.
Reserved portion 
due to children.Substituted by:
XVIII.2004
.58.616. (1) The reserved portion due to all children whether
conceived or born in wedlock or conceived and born out ofwedlock or adopted shall be one-third of the value of the estat e if
such children are not more than four in number or one-half of s uch
value if they are five or more.
(2) The reserved portion is divided in equal shares among the
children who participate in it.
(3) Where there is only one child, he shall receive the whole of
the aforesaid third part.
“Children” to 
include 
descendants.617.  For the purposes of the last preceding article the word
"children" shall include the descendants of the children in
whatsoever degree they may stand.  Nevertheless, such descendant s
shall only be reckoned for the c hild from whom they descend.
Rules for 
determining the 
number of children 
for regulating the reserved portion.
Amended by:
XVIII.2004
.59.618. (1) Children or other descen dants who are incapable of
receiving property by will, or who have been disinherited by th e
testator, or have renounced their share, shall also be taken in to
account in determining the number  of children for the purpose o f
regulating the reserved portion.
(2) Saving the provisions of articles 608 and 626 the portions
of the children or other descendants who are incapable, or who
have been disinherited, or have renounced their share, shall de volve
in favour of the other children or descendants taking the reser ved
portion.
(3) A child or other descendant who has been instituted heir,
who had he not been so instituted would have been entitled to s hare
the reserved portion, shall also be entitled to share therein
notwithstanding that he was so instituted.
Legitim due to 
ascendants. 
Amended by: 
XLVI.1973.52.619. Repealed by: XVIII.2004 .60.
CIVIL CODE  [CAP. 16.   
Reserved portion 
to be free from 
burdens or 
conditions.Amended by:
XVIII.2004
.61.620. (1) It shall not be lawful for the testator to encumber the
reserved portion with any burden or condition.
(2) The reserved portion is calcu lated on the whole estate, afte r
deducting the debts due by the es tate, and the funeral expenses .
(3) There shall be included in the estate all the property
disposed of by the testator under a gratuitous title, even in
contemplation of marriage, in fa vour of any person whomsoever,
with the exception of such expenses as may have been incurred f or
the education of any of the children or oth er descendants.
(4) The person to whom the reserved portion is due shall
impute to it all such things as he may have received from the
testator and as are subject to c ollation under any of the provi sions
of articles 913 to 938.
(5) The person claiming the reserved portion shall take into
account his share any property bequeathed to him by will and
cannot renounce any testamentary disposition in his favour and
claim the reserved portion, e xcept when such testamentary
disposition is made in usufruct or consists in the right of use  or
habitation, or consists of a life annuity or an annuity for a l imited
time.
Where subject of 
testamentary 
disposition is a usufruct or life 
annuity.
Amended by:XVIII.2004
.62.621. (1) Where the subject of the testamentary disposition is a
right of usufruct or a life annuity, and it appears to the pers ons
entitled to the reserved portion that the value of such usufruc t or
life-rent surpasses the disposable portion of the estate of the
testator, they shall only have t he option either to abide by th e
testamentary disposition or to take the share due to them by wa y of
reserved portion free from every charge, on abandoning in favou r
of the disponees of the usufruct or life-annuity the full owner ship
of the disposable portion.
(2) Where any of the persons enti tled to reserved portion elects
in his own interest to abide by the testamentary disposition, i t shall,
nevertheless, be lawful for any other of such persons to elect to
take the reserved portion on abandoning, as aforesaid, the
disposable portion.
Disherison.
Amended by:XVIII.2004
.63.622.  Besides the grounds on which a person may become
unworthy to inherit, the persons entitled by law to a reservedportion may be deprived thereof by a specific declaration of th e
testator on any of the grounds specified in this Code, to be st ated in
the will.
Grounds on which 
a descendant may 
be disinherited. Amended by:
XXI.1993
.66;
XVIII.2004 .64.623.  Saving the provisions of article 630, the grounds on
which a descendant may be disinhe rited are the following only:
(a) if the descendant has without reason refused
maintenance to the testator;
(b) if, where the testator has become insane, the
descendant has abandoned him without in any manner
providing for his care;
(c) if, where the descendant could release the testator
from prison, he has without reasonable ground failed
  170     [CAP. 16.           CIVIL CODE
to do so;
(d) if the descendant has struck the testator, or has
otherwise been guilty of cruelty towards him;
(e) if the descendant has been guilty of grievous injury
against the testator;
(f) if the descendant is a prostitute without the connivance
of the testator;
(g) in any case in which the testator, by reason of the
marriage of the descendant, shall have been, under the
provisions of articles 27 to  29, declared free from the
obligation of supplying maintenance to such
descendant.
Grounds on which 
an ascendant may 
be disinherited.624.  Repealed by: XVIII.2004 .65.
Grounds of 
disherison to be 
proved by party alleging 
disherison.625. (1) The ground of disherison must be proved by the party
alleging such disherison.
(2) Where more grounds are stated, the proof of one is
sufficient.
Rights of children 
of persons 
disinherited.
Amended by:XVIII.2004
.66.626. (1) If the person disinherited has children or other
descendants, the reserved portion of which such person has been
deprived shall be due to them.
(2) In any such case the person d isinherited shall not have over
the reserved portion the usufruct or administration to which he  may
be entitled by law.
Where person 
disinherited 
predeceases 
testator.627.  Where the person disinherited predeceases the testator, the
disherison shall not prejudice the rights of his descendants.
Maintenance of 
person 
disinherited.
Amended by:XVIII.2004
.67.628.  Where the person disinherited has no other means of
subsistence, those who  in consequence of his disherison shall
benefit by his reserved portion, shall be bound to give him
maintenance to the extent of the fruits of the reserved portion ,
saving any other right  to maintenance comp etent according to la w.
Right to reserved 
portion when cause of disherison is not 
stated or proved.
Amended by:XVIII.2004
.68.629.  Where the ground of disherison is not stated, or is not
proved, the person disinherited shall only be entitled to thereserved portion.
Disherison on the 
ground of prodigality.
Substituted by:
XVIII.2004
.69.630.  Where the person entitled to the reserved portion is
interdicted on the ground of prodigality, or is so burdened wit h
debts that the reserved portion, or at least the greater part o f it,
would be absorbed by such debts, it shall be lawful for the tes tator
by an express declaration to disinherit such person, and to beq ueath
the reserved portion t o the children or descendants of such per son.
CIVIL CODE  [CAP. 16.   
Amended by:
XVIII.2004 .70.OF THE  RIGHTS OF THE SURVIVING  SPOUSE
Right of surviving spouse, if there is 
issue. 
Amended by:XLVI.1973.53;
XXI.1993
.67.
Substituted by:XVIII.2004
.71.631. Where a deceased spouse is survived by children or other
descendants, the surviving spouse shall be entitled to one-four th of
the value of the estate in full ownership.
Right of surviving 
spouse, if there is no issue.
Substituted by:
XVIII.2004
.71.632.  If there are no children or descendants as stated in article
631, the surviving spouse shall be entitled to one-third of the  value
of the estate in full ownership.
Right of habitation. 
Added by:
XXI.1993 .68.
Amended by:
XVIII.2004 .72.633. (1) The surviving spouse shall be entitled to the right of
habitation over the tenement occ upied as the principal residenc e by
the said surviving spouse at t he time of the decease of the
predeceased spouse, where the same tenement is held in full
ownership or emphyteusis by the deceased spouse either alone or
jointly with the surviving spouse.
(2) The extent of the tenement su bject to the right of habitatio n
shall not be limited on the grounds that, after the death of th e
predeceased spouse the surviving spouse requi res a lesser part of
the tenement.
(3) For the purposes of articles 631 and 632, the tenement
subject to the right of habitatio n under this article shall be excluded
from the estate of the deceased over which the surviving spouse  has
a reserved portion.
(4) The provisions of article 395 shall not apply to the right o f
habitation granted under this article.
(5) The right conferred in sub-article (1) shall subsist even
where such right has the effect o f reducing, during the lifetim e of
the surviving spouse, the reser ved portion due to any other per son.
(6) Where a creditor of the deceased spouse enforces his right
over the tenement subject to the right under this article, or w here
the heirs who have accepted the inheritance with the benefit of
inventory sell such tenement in satisfaction of any debt due by  the
inheritance, and in either case there exists other assets of th e
inheritance with which such debts may be satisfied, the survivi ng
spouse shall have a right to de mand, within one year of the sal e,
damages from the heirs of the d eceased spouse, or from the heir s of
the deceased spouse who have accepted with the benefit of
inventory who shall not have taken any possible action to pay s uch
debts out of the other assets.
(7) The spouses may, in a pre-nuptial or post-nuptial
agreement, in accordance with thi s Code, whichever patrimonial
regime is to regulate their prop erty, exclude or reduce the rig ht
competent to the surviving sp ouse in virtue of  this article.
(8) The right of habitation conferred in this article shall ceas e
on the remarriage of the surviving spouse.
  172     [CAP. 16.           CIVIL CODE
Partition between 
heirs and surviving 
spouse.
Substituted by:XLVI.1973.54.
Amended by:
XXI.1993
.69.
Substituted by:
XVIII.2004 .73.634. Where the matrimonial home belongs in part to the
surviving spouse, in any partition between the heirs of the dec eased
and the surviving spouse, the su rviving spouse, or the said hei rs,
may demand that the property subject to the right of habitation  be
assigned to the surviving spouse upon a valuation which is to t ake
account of such right of hab itation over the property.
Use of contents of 
matrimonial home.
Amended by:
XLVI.1973.55.Substituted by:
XVIII.2004
.73.635. The surviving spouse shall also have the right of use over
any of the furniture in the matrimonial home belonging to the
deceased spouse.
Definition of 
furniture.
Amended by:
XLVI.1973.56;XXI.1993
.70.
Substituted by:
XVIII.2004 .73.636. The provisions of article 318 shall apply in relation to the
right of use referre d to in article 635.
Limitations of right 
of use.Substituted by:
XVIII.2004
.73.637. The provisions of article 633(3), (6), (7) and (8) shall
mutatis mutandis apply to the right of us e granted by article 635.
Cases where 
surviving spouse 
cannot claim 
rights.Substituted by:
XVIII.2004
.73.638. The provisions of articles 631, 632, 633 and 635 shall not
apply in any of the following cases:
(a) if, at the time of the death of one of the spouses, the
spouses were separated by a judgement of the
competent civil co urt, and the surviving spouse had, in
terms of articles 48, 51 and 52, forfeited the rightsreferred to in t hose articles;
(b) where the predeceased spouse has, by his will, on any
of the grounds mentioned in article 623( a), (b), (c), (d)
and ( e), or on the grounds of adultery, expressly
deprived the surviving spouse of the rights referred to
in articles 631 to 633 and 635 and such ground, or
where more grounds are stated, any of such grounds, isproved;
(c) if, in regard to the surviving spouse, there exists any of
grounds on which such spouse would under article 605
be, as unworthy, incapab le of receivi ng by will.
Application of 
articles 633 and 
635 in cases of personal separation 
or divorce.
Substituted by:XVIII.2004
.73;
L.N. 218 of 2012 .639. The rights referred to in article 633 and article 635 shall
also apply in cases where:
(a) the spouses were personally separated and the
surviving spouse was either in terms of article 55A or
in terms of a public deed of consensual separationentitled to reside in the  matrimonial home; or
(b) the person who died was divorced and his former
spouse was, at the time of his death, entitled to reside
in the matrimonial home by virtue of the applicability
of the provisions of article  66(5) and article 55A.
640. Repealed by: XVIII.2004
.73.
641. Repealed by: XVIII.2004 .73.
CIVIL CODE  [CAP. 16.   
642. Repealed by: XVIII.2004 .73.
643.  Repealed by: XVIII.2004 .73.
644. Repealed by: XVIII.2004 .73.
645.  Repealed by: XVIII.2004 .73.
646.  Repealed by: XVIII.2004 .73.
OF THE  ABATEMENT OF TESTAMENTARY DISPOSITIONS 
EXCEEDING THE DISPOSABLE PORTION
Testamentary 
dispositions exceeding 
disposable portion, 
liable to abatement.647.  Testamentary dispositions exceeding the disposable
portion, shall be liable to abatement and limited to that porti on, at
the time of the opening of the s uccession, provid ed the demand is
made within the time established in article 845.
How abatement is 
determined.Amended by:
XVIII.2004
.74.648.  For the purpose of determining the abatement, the
following rules shall be observed:
(a) all the property of the testator, existing at the time of
his death, shall be formed in one bulk, after deductingtherefrom the debts due by the estate;
(b) any property which has been disposed of by way of
donation shall be then fictitiously added, such property
being reckoned at its value at the time of the donation;
(c) the disposable portion shall then be computed
according to the estate thus formed, regard being had
to the rights of the surviving spouse in accordance
with articles 615 to 639.
Subject of donation 
perished before 
death of donor not to be included in 
the bulk.649.  Repealed by: XVIII.2004 .75.
When value of 
donations exceeds 
or is equal to 
disposable portion.650.  Where the value of the donations exceeds, or is equal to,
the disposable portion, all testamentary dispositions shall be
ineffectual.
Proportionate 
abatement.651.  Where the testamentary dis positions exceed either the
disposable portion, or the residue thereof after deducting the value
of the donations, they shall abate proportionately without any
distinction between heirs and legatees.
Declaration by 
testator that a 
disposition shall 
have effect in preference to 
others.652.  Nevertheless, in all cases where the testator has expressly
declared his intention to be that a disposition shall have effe ct in
preference to the others, such preference shall take place, and  any
such disposition shall not abate except in so far as the value of the
property included in the other dispositions shall not be suffic ient to
make up the share reserved by law.
Separation of 
subject of legacy.653. (1) Where the legacy subject t o abatement is  a thing from
which the part exceeding the disposable portion can convenientl y
and without being injuriously aff ected be separated, the abatem ent
shall be effected by means of such separation.
  174     [CAP. 16.           CIVIL CODE
(2) Where, however, such separation cannot conveniently and
without injury be effected, it shall be lawful for the legatee to pay
in cash the amount due by him to  the party claim ing the abateme nt.
§ IV.O F THE FORM OF WILLS
OF ORDINARY WILLS
Will is either 
public or secret.654.  A will may be either  public or secret.
Form of public 
will.
Cap. 55.655. (1) Saving any other provision of this Code, a public will
is received and published by a notary in the presence of two
witnesses in the same manner as any other notarial instrument, in
accordance with the provi sions of the Notarial Profession and
Notarial Archives Act , even in regard to the signature of the
testator, according as to whether the testator knows how to, an d can
write, or not.
(2) The signature of the witnesses is in no case dispensed with
whatever may be the value of the  thing disposed of by the will.
Form of secret 
will.Amended by:
XVIII.2004
.76.656. (1) A secret will may be printed, type-written or written
in ink either by the testator himself or by a third person.
(2) Where the testator knows how to, and can write, the will
shall, in all cases, be signed by him at the end thereof.
(3) Where the testator does not know how to, or cannot write,
the provision of article 663 shall apply.
Paper containing 
secret will to be closed and sealed.657. (1) The paper on which a secr et will is written, or the
paper used as its envelope s hall be closed and sealed.
(2) The testator shall on delivering such paper declare that it
contains his will.
Delivery of secret 
wills.658. (1) A secret will shall be delivered by the testator to a
notary, or, in the presence of the judge or magistrate sitting in the
court of voluntary jurisdiction, t o the registrar of such court .
(2) The will shall be deemed to have been made on the day on
which it is so delivered.
Duties of notary 
receiving a secret will.659. (1) The notary who receives a secret will shall draw up
the act of delivery, recording th erein the declar ation prescrib ed in
sub-article (2) of article 657, on the paper itself on which th e will is
written, or on the paper used as its envelope.
(2) The act of delivery shall be signed by the testator, the
witnesses, and the notary.
(3) Where the testator declares that he does not know how to,
or cannot write, the notary shal l enter such declaration at the  foot of
the act, and such ent ry shall be equivalent to the signature.
CIVIL CODE  [CAP. 16.   
Notary to present 
secret will to court 
of voluntary 
jurisdiction. Cap. 12.660.  A notary who has received a s ecret will, shall, within four
working days, to be reckoned from the day of the delivery, pres ent
such will to the court of voluntary jurisdiction for preservati on by
the registrar, as provided in the Code of Organization and Civil
Procedure .
Penalty to be 
inflicted on notary 
contravening the 
provisions of s.660. 
Amended by: 
L.N. 46 of 1965;LVIII.1974.68;
XI.1977.2;
XIII.1983
.5;
XVIII.2004 .77;
L.N. 407 of 2007 .
Cap.9.661. (1) Any notary who acts in contravention of the provision
of the last preceding article sh all, upon civil proceedings ins tituted
at the suit of the Attorney General, be condemned to interdicti on
from his office for a period not exceeding two years, or to a f ine
(multa ) of not less than two hundred and thirty-two euro and
ninety-four cents (232.94), nor e xceeding two thousand and thre e
hundred and twenty-nine euro and thirty-seven cents (2,329.37).  
(2) The provisions of this article shall not supersede the
provisions of the Criminal Code , where the facts constitute an
offence under that Code. 
Note of particulars 
prescribed by Code of Org. and Civ. 
Proc. to be 
equivalent to act of delivery.
Amended by:
XVIII.2004
.78.
Cap. 12.662.  Where a secret will is presented directly to the court, the
note of particulars required under article 529 of the Code of
Organization and Civil Procedure  shall be equivalent to the act of
delivery. 
Secret will by 
illiterate person. 663.  It shall not be lawful for any person who does not know
how to, or cannot write, to make any disposition by a secret wi ll
without the assistance of a judge or magistrate.
Duties of judge or 
magistrate 
assisting an 
illiterate person.664.  T h e  j ud g e  or  ma g is tr a t e  r e q ue s te d  t o g i ve  h is  a s s i s ta nc e
under the last preceding article , shall read out and explain to  the
testator the contents of the pap er which the testator declares to be
his will, and shall enter, at the foot thereof, a declaration t o the
effect that he has complied with such requirements, and that he  is
satisfied that the contents of the paper are in accordance with  the
intention of the testator. Such declaration shall be dated and signed
by the judge or magistrate.
Formalities to be 
observed by judge or magistrate 
assisting an 
illiterate person.665. (1) The said judge or magistr ate shall, after the will is
duly closed and sealed, enter on  the paper itself on which the will is
written, or on that used as its envelope, a declaration to the effect
that such paper or envelope contains the will of the person mak ing
it, and shall affix his signature to such declaration.
(2) Such declaration shall not op erate so as to dispense with th e
act of delivery referred to in article 659 or the note of parti culars
referred to in article 662.
Any judge or 
magistrate even 
temporarily present 
in Malta or Gozo may assist illiterate 
person.
Amended by:IX.2004
.14.666.  It shall be lawful for a test ator who does not know how to,
or cannot read and write, to appl y for the assistance of any ju dge or
magistrate being, even temporarily, in the island or place in w hich
his assistance is required, inc luding the judge or magistrate s itting
in the competent court in which  the will is to be deposited.
Contents of will to 
be kept secret.667.  The judge or magistrate givin g his assistance, as provided
in the last four proceeding articles, shall be bound not to dis close
the contents of the will. 
  176     [CAP. 16.           CIVIL CODE
Secret will by a 
deaf-mute.668. (1) A person who is deaf-and-dumb, or dumb only,
whether congenitally or otherwis e, may, if he knows how to writ e,
make a secret will, provided the will is entirely written out a nd
signed by him, and provided he hi mself, in the presence of the court
or of the notary to which or to whom he presents such will, and  of
the witnesses of the delivery, writes down on the paper which h e
presents, that such paper contains his will.
(2) The notary in the act of deli very, or, as the case may be, t he
registrar, in the note of particulars referred to in article 66 2, shall
state that the testator wrote th e declaration mentioned in sub- article
(1) of this article, in the presence of the notary and the witn esses,
or in the presen ce of the court.
Secret will be 
person totally deaf.669. (1) Where a person who is totally deaf, but can read,
desires to make a public will, he shall read such will himself in the
presence of the notary and the witnesses, and the notary shall,
before the will is signed by himself and the witnesses, enter, at the
foot of the will, a d eclaration to the effect that the will has  been so
read by the testator.
(2) Where, however, such deaf person cannot read, he himself
shall declare his will in the presence of the notary and the
witnesses, and the notary shall, before the will is signed by h imself
and the witnesses, enter, at t he foot of the will, a declaratio n to the
effect that the will is in accordance with the will as declared  by the
testator.
Persons 
incompetent as 
witnesses in public 
wills.670.  In public wills, the heirs, leg atees, or their relations by
consanguinity or affinity within the degree of uncle or nephew,
inclusively, shall not b e competent witnesses.
Testator may 
withdraw secret 
will.671.  The testator may at any time withdraw his secret will from
the notary to whom he shall have delivered it, if the will is s till with
such notary, or from the regis try in which it shall have been
deposited.
Nullity of will. 672.  Non-compliance with the req uirements of articles 655,
656, 657, 658, 659, 663, 668, 669 and 670 shall, saving the
provisions of articles 673 to 682 inclusive relating to privile ged
wills render the will null and void.
OF PRIVILEGED WILLS
Wills in places 
where 
communications 
are interrupted.673. (1) In places with which communications have been
interrupted by order of the public authority, a will may be rec eived
in writing, in the presence of t wo witnesses, by a judge, magis trate,
or notary, or by the parish priest, or other ecclesiastic in ho ly
orders.
(2) Such will shall in all cases be, on pain of nullity, signed by
the person receiving it.
(3) Such will shall, moreover, on pain of nullity, be signed,
where practicable, by the testator and the witnesses. If under the
CIVIL CODE  [CAP. 16.   
circumstances the signing of the will by the testator and the
witnesses is not practicable, th ere shall, on pain of nullity, be
entered in the will a declaration stating the reason for which such
signatures have not been affixed.
(4) In any such will, any person of either sex, provided he or
she has attained the age of ei ghteen years, may act as a witnes s. 
When such will 
becomes void.674.  Any such will shall become void on the lapse of two
months from the day on which communications with the place inwhich the testator is, shall hav e been re-established, or from the
day on which the testator shall have removed to any place with
which communications are not interrupted, provided the testator  is
still alive after the lapse of the said time.
Person receiving 
such will to deposit 
it in court of 
voluntary jurisdiction.675. (1) A  will made in accordance with the provisions of the
foregoing articles shall, within a month from the day on which
communications shall have been re-established, be deposited by the
person receiving it in the registry of the court of voluntaryjurisdiction of the island in which it has been received unless  such
will shall have been, before the expiration of such time, withd rawn
by the testator.
(2) Any person acting in contrav ention of the provisions of this
article shall, on proceedings taken in accordance with theprovisions of article 661, be liable to the punishments therein
mentioned, in so far as such p unishments may be applicable.
Wills made at sea.
Amended by:
XVIII.2004 .79.676. (1) A  will made at sea, on board any ship registered in
Malta, may be received, in writing, by the master, or the perso n
acting in his stead.
(2) A  will made by the master may be received by the person
who in his absence, would hav e the command of the ship.
(3) In all cases, the will shall be received in duplicate, and i n
the presence of two witnesses who have attained the age of
eighteen years.
(4) Non-compliance with any of the foregoing requirements
shall render the will null and void.
By whom such 
wills are to be signed.677. (1) The will referred to in th e last preceding article shall
be signed by the testator, by the person receiving it, and by t he
witnesses.
(2) Where the testator or the witnesses do not know how to, or
cannot write, there shall be entered in the will a declaration stating
the reason for which such signature was not affixed.
(3) Non-compliance with the provisions of this article shall
render the will null and void.
Entry relating to 
the receipt of any 
such will to be made in log-book 
and muster-roll. 
Amended by: XIII.1983
.5;
L.N. 407 of 2007 .678.  The master, or the person keeping the log-book and the
ship’s papers, shall, under penalty of a fine ( multa ) not exceeding
twenty-three euro and twenty-nine cents (23.29), recoverable bycivil proceedings as provided in a rticle 661, make and sign an entry
relating to the receipt of such will, both in the log-book and in the
muster-roll.
  178     [CAP. 16.           CIVIL CODE
Duty of master, 
etc., on return to 
Malta to present 
will to the court of voluntary 
jurisdiction.
Amended by:XXXI.1965.21;
IX.1971.3;
LVIII.1974.68;L.N. 148 of 1975;
XVII.1991
.81;
IX.2004 .14;
XV.2009 .49.679. (1) Where, after the receipt of any such will, the ship
returns to the port of Malta, the master, or the person in poss ession
of the will, shall, within the time of eight working days, pres ent
such will to the court of voluntary jurisdiction, unless such w ill
shall have been, before the expiration of such time, withdrawn by
the testator.
Where vessel 
touches at port outside Malta.(2) If the ship touches at any po rt outside Malta, the master, o r
the person in possession of the will, shall deposit one of theduplicates with the diplomatic o r consular representative of th e
Government of Malta in that port or with a person serving in a
diplomatic, consular or other foreign service of any country wh ich,
by arrangement with the Government of Malta, has undertaken to
represent that Government’s interests in that port or with a pe rson
authorized in that behalf by the President of Malta, or in the
absence of such persons, with s ome trustworthy person being a
citizen of Malta or other Commonwealth citizen, and shall, with  all
possible dispatch, transmit the other duplicate to the Authorit y for
Transport in Malta who shall, within the time of eight days, pr esent
it to the said court.
(3) Any person acting in contrav ention of any of the provisions
of this article shall, on proceedings taken in accordance with the
provisions of article 661, be liable to interdiction from his o ffice or
profession for a time not exceedin g two years, or to any of the  other
punishments prescribed in that article.
Will made at sea to 
have effect only if 
testator dies at sea, etc.680.  A will made at sea in the manner prescribed in article 676
and the articles following, shall  have effect only if the testa tor dies
at sea or within two months after he shall have landed in a pla ce
where he could have made another will in the ordinary form.
Nullity of 
dispositions made 
in favour of person 
receiving will, etc.Amended by:
XXIII.2017.
70.681. (1) Any testamentary disposition made in favour of the
person receiving any of the wills referred to in article 673 an d the
articles following, or in favour of the witnesses, or, in the c ase of a
will made at sea, in favour of a ny member of the crew, shall be
void.
(2) Any disposition in favour of any one of the parents, the
child or other descendant, or the spouse of any of the persons
referred to in sub-article (1) o f this article shall likewise b e void.
Effect of wills 
made outside 
Malta.682.  (Deleted by Act XVI.2015 .4.).
CIVIL CODE  [CAP. 16.   
§ V. OF THE  INSTITUTION OF HEIRS, OF LEGACIES, AND 
OF THE RIGHT OF ACCRETION
OF THE INSTITUTION OF HEIRS, AND OF LEGACIES
Institution of heir. 683.  Any testamentary disposition, whether made under the
designation of institution of heir, or under the designation oflegacy, or under any other designation whatsoever, shall have
effect, provided it be so expre ssed that the intention of the t estator
may be ascertained, and it be not contrary to the provisions of  this
Code.
Where only a 
portion of 
inheritance is 
disposed of.684. (1) If the testator has disposed only of a portion of the
inheritance, the residue thereof shall vest in his heirs-at-law ,
according to the order establish ed in the case of intestate
succession.
(2) The same rule shall apply if the testator has only made
singular legacies.
Where reason 
constituting sole 
inducement of disposition is false.685. (1) Any testamentary disposition founded on a reason
which constituted the sole inducement of the testator, and whic h is
false, shall have no effect.
(2) If the testator has stated a reason, and the indications of the
will are not such as to show that such reason was the soleinducement, the testamentary disposition, even if such reason i s
proved to be false, shall have effect, unless it is proved that  the
testator was solely induced by the reason stated  in the will.
OF PERSONS AND THINGS FORMING THE SUBJECT OF A 
DISPOSITION
Wills per 
relationem ad schedulam  are 
void.686.  Any testamentary disposition made, by what is commonly
known as implied nuncupation, or per relationem ad schedulam  is
void.
Disposition in 
favour of person 
uncertain.687.  Any testamentary disposition in favour of a person so
uncertain that he cannot be ide ntified even upon the happening of a
contingency referred to in the will, is also void.
Disposition in 
favour of person or 
body corporate to be designated by 
heir or third party.688. (1) Any testamentary disposition made in favour of an
uncertain person to be designated by the heir or by a third par ty is
likewise void.
(2) Nevertheless, it shall be l awful to make a testamentary
disposition by singular title in favour of a person to be selec ted by
the heir or by a third party among several persons specified by  the
testator, or belonging to famili es, or bodies corporate, specif ied by
him.
(3) It shall likewise be lawful to make a disposition by singula r
title in favour of a body corporat e to be selected by the heir or by a
third party, among several bodies corporate specified by the
  180     [CAP. 16.           CIVIL CODE
testator.
Disposition in 
favour of next of kin.689.  A testamentary disposition made in favour of the nearest
relation of a person shall, in default of any other designation , be
deemed to have been made in favour of the persons in whom the
intestate succession of the said  person would legally vest.
Disposition in 
favour of the poor.690.  A disposition made in general terms in favour of the poor,
shall be deemed to be made in favour of the poor of the island in
which the testator resided at the time of his death.
Disposition in 
favour of testator’s 
soul. 691.  Any disposition made in general terms in favour of the
soul of the testator or of any other person shall, if the pious  use has
not been specified, have no effect.
Inadmissibility of 
evidence to show 
that the words of the will are 
contrary to the 
intention of the 
testator.692. (1) No evidence is admissible which is intended to show
that the institution or legacy, made in favour of any person, o r body
corporate, or for any use specified in the will, is merely fict itious,
and that such institution or legacy is in reality made in favou r of a
person or body corporate, or for a use, not disclosed in the wi ll,
notwithstanding any expression c ontained in the will calculated  to
constitute an indication or a presumption of any such intention .
(2) The provisions of this article shall not apply in any case i n
which the institution or legacy i s impeached on th e ground that
such institution or legacy was  made through intermediaries in
favour of persons under a disability.
Fiduciary 
dispositions.693.  Any testamentary dispositio n whereby even a sum of
money or any other determinate th ing is bequeathed to a person
designated in the will for the purpose of making such use there of as
the testator shall have declared  to have confided to such perso n,
shall be null, even though such person shall offer to prove tha t such
disposition is in favour of pers ons capable of receiving proper ty by
will, or for lawful purposes.
Erroneous 
designation of heir, 
legatee or thing disposed of.694. (1) If the person of the heir or of the legatee is
erroneously designated, the testamentary disposition shall have
effect, if the identity of the person whom the testator intende d to
designate is otherwise certain.
(2) The same rule shall apply where the thing forming the
subject of the legacy shall have been erroneously indicated or
described, if it is otherwise certain what thing the testator w ished to
dispose of.
Disposition left 
entirely to the 
discretion of the heir.695.  Any testamentary disposition giving to the heir or to a
third party absolute discretion in fixing the quantity of the l egacy is
null, except where it is a legacy made by the testator by way o f
remuneration for services rendere d to him during his last illne ss.
Legacy of thing 
belonging to 
others.696. (1) Where the thing forming the subject of a legacy
belongs to a person other than the testator, such legacy shall be
null, unless it is stated in the will that the testator knew th at the
thing was not his property, but t he property of others, in whic h case
the heir may elect eit her to acquire the thing bequeathed in or der to
make delivery thereof to the leg atee, or to pay to such legatee  the
fair value thereof.
CIVIL CODE  [CAP. 16.   
(2) Where, however, the thing so bequeathed, although
belonging to others at the time of the will, is the property of  the
testator at the time of his deat h, the legacy shall be valid.
Legacy of thing 
belonging to heir 
or legatee.697.  The provisions of the last preceding article shall also
apply if the thing forming the subject of the legacy belongs to  the
heir, or to the legatee required under the will to give it to a  third
party.
Where a part only 
of the thing 
bequeathed 
belongs to the testator.698.  Where a part of the thing bequeathed, or a right over such
thing, belongs to the testator, the legacy of such thing shall be valid
only to the extent of such part o r right, unless it is stated i n the will
that the testator knew that the thing did not wholly belong to him.
Legacy of an 
indeterminate 
thing.699.  Where the thing forming the subject of a legacy is an
indeterminate movable thing included in a genus or species, suc h
legacy is valid, even though no thing pertaining to such genus or
species existed in the estate of the testator at the time of th e will or
is found to exist at the time of the death of the testator.
Where thing 
bequeathed is not 
found to exist in estate of testator.700. (1) Where the testator shall have bequeathed as belonging
to him any determinate thing, or any thing included in a given
genus or species, the legacy shall have no effect, if the thing  is not
found to exist in the estate of the testator at the time of his  death.
(2) If the thing is found to exist in the estate of the testator  at
the time of his death, but not in the quantity specified in the  will,
the legacy shall have effect to the extent of the quantity so e xisting.
Legacy of thing or 
quantity to be 
taken from a 
specified place.701.  Where the subject of the legacy  is a thing or a quantity to
be taken from a specified place, such legacy shal l only have ef fect
if such thing is found therein; and, if only a part thereof is found in
the place specified by the testat or, it shall only have effect to the
extent of such part.
Legacy of a thing 
belonging to 
legatee.702. (1) Where the subject of the legacy is a thing which, at
the time of the will, was already the property of the legatee, such
legacy shall be null.
(2) If the legatee shall have acquired the thing forming the
subject of the legacy at any time after the will, either from t he
testator himself under an onerous title, or from any other pers on
under any title whatsoever, he sh all, in the event of the exist ence of
the circumstances referred to in article 696 be entitled to cla im the
value of such thing, notwithstan ding the provisions of article 743.
(3) Where the legatee shall have acquired the thing from the
testator under a gratuitous title, the legacy shall be consider ed to be
adeemed.
Legacy of a debt 
due to testator.703.  Where the subject of the le gacy is a sum owing to the
testator, or consists in discharging a debtor from a debt due t o the
testator, the legacy shall only ha ve effect with regard to such
portion of the debt as shall sti ll be owing at the time of the death of
the testator.
Legacy of a thing 
or sum as due by testator to legatee.704. (1) Where the testator bequeaths by way of legacy any
determinate thing or sum, as due by him to the legatee, the leg acy is
valid, even though such t hing or sum is not due.
  182     [CAP. 16.           CIVIL CODE
(2) If such thing or sum is due by the testator, the legatee
acquires a new action for the reco very of the thing or sum due to
him, and, where otherwise the thing or sum would not have beenexigible except after the lapse of a certain time, or if the pa yment
thereof was dependent upon the fulfilment of a condition, the
legatee shall not be bound to wait until the expiration of such  time,
or the fulfilment of such condition.
(3) The legacy, however, shall be ineffectual if the testator
shall pay the debt at an y time after the will.
Legacy of debt to 
creditor.705. (1) Where the testator, without mentioning the debt due
by him, makes a legacy in favour of his creditor, such legacy s hall
not be deemed to have been made in satisfaction of the debt due  to
the legatee.
Legacy to servant. (2) A legacy made in favour of a servant, shall not be deemed
to have been made in sat isfaction of  his wages.
Legatum 
liberationis  to 
include only debts 
due at the time of the will.706.  Where the legacy consists in discharging the debtor from
the debts due by him to the test ator, such legacy shall be deem ed to
include only such debts as were due to the testator at the time  of the
will, and not such other debts as may have been subsequently
contracted.
Legacy of 
maintenance.707.  A legacy of maintenance shall include food, clothing,
habitation, and other necessaries during the life of the legate e; and
it may also, according to circu mstances, include the education of
the legatee according to his condition.
Legacy of 
immovable 
increased by subsequent 
acquisitions.708.  Where the testator who has bequeathed the ownership of
an immovable property, has subsequently increased such property
by further acquisitions, such acquisitions, even though contigu ous,
shall not be deemed to form part of the legacy, unless a fresh
bequest is made.
Pre-legacy to heir. 709.  The testator may leave a pre-le gacy to his heir and, in any
such case, the heir, with regar d to such pre-legacy, shall be
considered as a legatee.
OF CONDITIONAL OR LIMITED DISPOSITIONS
Dispositions may 
be pure or 
conditional.710.  Any disposition, by universal or singular title, may be
either pure or conditional.
Impossible 
conditions, etc.711. (1) Where the condition is impossible, or contrary to law
or morals, it shall vitiate the d isposition to which it is atta ched.
(2) Where the condition is unintelligible it shall be considered
as if it had not been attached.
Condition in 
restraint of 
marriage.712. (1) A  condition prohibiting a first or a subsequent
marriage shall be considered a s if it had not  been attached.
(2) Nevertheless, where a leg acy consisting in a right of
usufruct, use, or habitation, or in a pension or other periodic al
payment, is contingent on the legatee remaining, and limited to  the
CIVIL CODE  [CAP. 16.   
period during which he or she remains a bachelor or spinster, o r a
widower or widow, the legatee shall be entitled to enjoy the le gacy
only as long as he or she shall remain a bachelor or spinster, or a
widower or widow.
( 3 ) A  c o n d i t i o n  i n  r e s t r a i n t  o f remarriage, attached to a
testamentary disposition by one of the spouses in favour of the
other, shall be valid.
Condition 
restraining heir 
from availing 
himself of benefit of inventory.713.  Any condition restraining the heir from availing himself of
the benefit of inventory shall be considered as if it had not b een
attached.
Limitation of 
commencement or cessation of 
institution of heir. 714.  If, in any testamentary disposition by universal title, the
testator shall fix a day on or from which the institution of th e heir
shall commence or cease, such limitation shall be considered as  if it
had not been attached.
Disposition on 
condition of 
mutual benefit, is null.715.  Any testamentary disposition, whether by universal or
singular title, made by the testator on condition that he shall  in
return benefit by the will of the heir or legatee, is null.
Disposition 
depending upon an uncertain event.716.  Any testamentary disposition made subject to a condition
depending upon an uncertain event, and being such that, in theintention of the testator, the validity thereof is dependent up on the
happening or non-happening of such event, shall be ineffectual if
the person, in whose favour it is made, dies before the fulfilm ent of
the condition.
Condition 
suspending the execution of the 
disposition.717.  A condition which, in the intention of the testator, is
merely meant to suspend the ex ecution of the testamentary
disposition, shall not operate so as to bar the heir or legatee  from
acquiring, even before the fulfilment of the condition, a veste d
right transmissible to the h eirs of such heir or legatee.
Where heir or 
legatee is bound to give security for 
fulfilment of 
condition. 718.  If the testator has left the inheritance or legacy subject to
the obligation that the heir or  legatee shall forbear from doin g or
from giving a specified thing, the heir or legatee shall be bou nd to
give sufficient security, for th e fulfilment of such obligation , by
means of sureties or by means of a hypothecation or pledge infavour of the persons in whom, in case of non-fulfilment, the
inheritance or l egacy would vest.
Person charged 
with delivery of 
conditional legacy 
must give security.719.  Likewise, where a legacy i s bequeathed conditionally, or
as not exigible before a certain time, the person charged with the
payment of the legacy, may be co mpelled to furnish security as
aforesaid in favour  of the legatee.
Appointment of 
administrator in certain cases.720. (1) If the heir has been instituted subject to a condition of
the nature of those mentioned in article 716, there shall beappointed an administrator of the inheritance until such condit ion is
fulfilled or it is certain  that it cannot be fulfilled.
(2) An  administrator shall also be appointed when the heir or
the legatee fails to give the security required under the last two
preceding articles, as well as i n the case in which the institu ted heir
is the immediate issue, as yet unconceived, of a person living at the
time of the death of the testato r as provided in article 600.
  184     [CAP. 16.           CIVIL CODE
(3) Such administrator shall have the same powers and duties
as the curator of a va cant inheritance, subject to any other di rection
which, according to circumstances , the court sha ll deem fit to give.
OF THE EFFECTS OF LEGACIES AND OF THE PAYMENT THEREOF
Right to receive 
pure and simple 
legacy, 
transmissible to heirs of legatee.721. (1) Any pure and simple legacy shall vest the legatee, as
from the day of the death of the testator, with the right to re ceive
the thing bequeathed, transmissible to the heirs of such legate e, or
to any person clai ming under him.
(2) Where the legacy is made conditionally, such right shall not
vest in the legatee before the  fulfilment of the condition.
Rule as to selection 
of thing, where 
legacy is in respect of an indeterminate 
thing. 722. (1) Where the subject of the legacy is an indeterminate
thing, included in a given genus or species, the right of selec tion
shall belong to the heir, who ca nnot be compelled to deliver a thing
of the best quality, but cannot o ffer a thing of the worst qual ity.
(2) The same rule shall apply where the right of selection is le ft
to a third party.
(3) Where such third party refuses or is, in consequence of
death or other impediment, unable to make the selection, such
selection shall be made by the court, according to the rule lai d
down in sub-article (1).
Where a right of 
selection is left to the legatee. 723.  Where the right of selection is left to the legatee, he may
select the best of the things of the given genus or species exi sting in
the inheritance: but if there be  none, he cannot select one of the
best quality.
Right of selection 
in alternative 
legacies.724.  In the case of alternative leg acies, the right of selection
shall be deemed to be  given to the heir.
When right of 
selection passes to 
heir of heir or 
legatee.725. (1) Where the heir or legatee to whom the right of
selection belongs, has not been ab le to make such selection, th e
right thereof shall vest in his heir.
(2) The selection, once made , shall be irrevocable.
(3) Even where in the estate of t he testator there shall be only
one of the things included in the genus or species, the heir or
legatee having the right of selection, shall not, in the absenc e of an
express disposition to the contrary, be entitled to select othe r than
the thing existing in the estate.
Legatee to demand 
of heir delivery of 
thing bequeathed.
Amended by:XVIII.2004
.80.726. (1) The legatee must demand of the heir possession of the
thing bequeathed.
(2) In the case of immovable property the legatee may demand
the grant of such possession be ma de by means of a public deed.
(3) Unless the testator shall have otherwise provided the
expenses relative to the deed s hall be borne by the legatee.
CIVIL CODE  [CAP. 16.   
Fruits of or interest 
on legacy.727.  It shall not be lawful for the legatee to claim the fruits of,
or interest on the legacy, except  from the day on which he shal l
have, even by a judicial letter, called upon the heir to delive r or pay
the legacy, or from the day on w hich the delivery or payment sh all
have been promised to him.
When fruits or 
interest accrue in 
favour of legatee, 
immediately on death of testator.728.  T h e  i n t e r e s t  o n ,  o r  t h e  f r u i t s  o f ,  t h e  t h i n g  b e q u e a t h e d ,
shall, even in the absence of a judicial intimation, as prescri bed in
the last preceding article, accrue in favour of the legatee
immediately upon the death of the testator in any of the follow ing
cases:
(a) where the testator shall have expressly so directed;
(b) where the subject of the legacy is a tenement, or a
capital sum, or any other thing producing fruits.
Legacy of life 
annuity or pension.729.  Where the subject of a legacy is a life annuity or a
pension, such annuity or pension shall commence to run from the
day of the death of the testator.
When subject of 
legacy is a 
determinate quantity to be 
delivered or paid at 
fixed periods.730. (1) Where the subject of the legacy is a determinate
quantity to be delivered or paid at fixed periods, as every yea r,
every month or at other periods, the first period shall commenc e to
run from the death of the testator, and the legatee shall acqui re the
right to the whole quantity due for each of the periods, even t hough
he may have been alive at the commencement only of the saidperiod.
(2) Nevertheless, the legacy unle ss it is by way of maintenance
cannot be claimed until after t he expiration of the period.
(3) If the legacy is by way of maintenance, it can be claimed at
the commencement of the period.
Thing bequeathed 
to be delivered with accessories.731. (1) The thing forming the subject of the legacy shall be
presumed to have been bequeathed, and shall be delivered, with its
necessary accessories and in the condition in which it shall be  on
the day of the deat h of the testator.
(2) The contrary shall be presumed with regard to
embellishments or to new constructions made in the tenement
bequeathed, or to a tenement of  which the testator shall have
enlarged the boundary, including therein new acquisitions.
Where thing 
bequeathed is 
charged with a 
right of usufruct, etc.732. (1) Where before the will is made or subsequently, a right
of usufruct, an annuity, or any other perpetual or temporary bu rden,
shall have been imposed on the thing bequeathed, the legatee sh all
receive the thing as so encumbered.
(2) Where the thing bequeathed is charged with a hypothec in
respect of any other debts, the person who is to pay the legacyshall, unless the testator has otherwise directed, be bound to
disencumber it.
Expense for 
delivery of legacy.733.  The expense necessary for the delivery or payment of the
legacy shall be charged to the estate, provided this shall not
prejudice the rights of the pers ons in whose favour the law res erves
a portion of the hereditary property.
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By whom legacy is 
to be paid.734. (1) Where no one of several heirs has been particularly
charged by the testator with the  payment of the legacy, all the  heirs
shall be liable for the payment thereof, each in proportion to his
share in the succession.
(2) They shall also be liable for the whole, to the extent of th e
value of any immovable property o f the estate which they hold.
Where one of the 
heirs is particularly charged with the 
payment of the 
legacy.735. (1) Where any one of the heirs has been particularly
charged with the payment of the legacy, he alone shall be liabl e for
such payment.
(2) Where the subject of the legacy is a thing belonging to one
of the co-heirs, the other co-heirs shall, unless a contrary in tention
of the testator is shown, compens ate such co-heir for its value ,
either in cash or in hereditary property, each in proportion to  his
share of the inheritance, provided such legacy is not void, in whole
or in part, under articles 696, 697 and 698.
Testator may 
declare pension or 
usufruct not 
subject to attachment.736. (1) It shall be lawful for the testator, in bequeathing a
pension or a usufruct, to declare such pension or usufruct as n ot
liable to attachment under a garnishee order, and even inaliena ble,
wholly or in part.
(2) Any such declaration, if made in general terms, shall be
operative even where the garnishee order is applied for, or thealienation is sought to be made or is demanded, in respect of d ebts
incurred by the legatee after he has commenced to enjoy the leg acy.
OF THE RIGHT OF ACCRETION
Right of accretion. 737.  Saving the provisions of articl e 745 and article 866, where
two or more persons have been instituted heirs or named as lega tees
conjointly, and any one of such persons predeceases the testato r, or
is incapable of receiving, or refu ses the inheritance or the le gacy, or
has no right thereto owing to the non-fulfilment of the conditi on
under which he was so instituted or named, the share of such
person, with the obligations and burdens attaching to it, shall
accrue to that of th e other co-heirs or co-legatees.
Institution or 
legacy deemed to be made conjointly 
if it depends upon 
one and the same disposition, etc. 738. (1) An institution or a leg acy is deemed to be made
conjointly, if it depends upon one  and the same disposition, an d the
testator shall not have specified the share of each co-heir or co-
legatee in the inheritance or in the thing bequeathed.
(2) The shares are deemed to have been specified, only if the
testator has expressly fixed the share of each. The words "in e qual
parts" or "in equal portions" alone shall not operate so as to bar the
right of accretion.
Legacy is also 
deemed to be made conjointly if thing 
bequeathed is not 
divisible.739.  A legacy is likewise deemed to be made conjointly if a
thing which cannot be divided without injury has been bequeathe d
by one and the same will to two o r more persons, even separatel y.
CIVIL CODE  [CAP. 16.   
Co-heir or co-
legatee may not 
refuse accrued 
share unless he renounces original 
share. 740.  Where the right of accretion takes place, it shall not be
lawful for the co-heir or the co-legatee to refuse the accrued share,
unless he shall renounce his own original share.
Vesting of vacant 
portion of 
inheritance or 
legacy, when accretion does not 
take place.741.  Where the right of accretio n does not take place, the
vacant portion of the inheritance, with such obligations and
burdens as attach to it, shall ve st in the heirs-at-law of the testator,
and the vacant portion of the leg acy, with such obligations and
burdens as attach to it, shall, where any of the heirs or any l egatee
was particularly charged with the payment of the legacy, vest i n
such heir or legatee, or, where the inheritance was so charged,  in all
the heirs, in propor tion to the share of each in the inheritanc e.
Where usufruct is 
bequeathed to two 
or more persons 
conjointly.742. (1) Where a right of usufruct is bequeathed to two or
more persons conjointly, as provided in articles 738 and 739, t he
provisions of article 382 shall a pply, even after the acceptanc e of
the legacy.
(2) Where the usufruct is not bequeathed to such persons
conjointly, the vacant portion shall merge in the ownership.
OF THE REVOCATION AND LAPSE OF TESTAMENTARY 
DISPOSITIONS
Alienation by 
testator of thing bequeathed 
operates as a 
revocation of legacy. 743. (1) Any alienation of the thing bequeathed whether in
whole or in part, made by the te stator, even though made by way  of
sale with the reservation of the power of redemption, or by way  of
exchange, shall operate as a revocation of the legacy in regard  to
the subject of the alienation, notwithstanding that such aliena tion
be void, or simulated, or that the thing itself come again to b elong
to the testator.
(2) The same rule shall apply if the testator has converted the
thing bequeathed into another in such a manner that it has lost  its
previous form and designation.
Where thing 
bequeathed 
perishes.744. (1) The legacy shall lapse if the thing bequeathed has
entirely perished during the lifetime of the testator.
(2) The same rule shall apply if the thing has perished after th e
death of the testator, without the agency or fault of the heir,  even
though such heir may have been put in default for delay in thedelivery thereof, provided the th ing would have equally perishe d in
the possession of the legatee.
(3) Where several things have been alternatively bequeathed,
the legacy shall subsist, even though there shall remain one on ly of
such things.
Effect of 
testamentary disposition in case 
of predecease of 
person benefited.745. (1) A  testamentary disposition shall lapse, if the person in
whose favour it is m ade shall not survive the testator.
(2) Nevertheless, the descendant s of the heir or legatee shall
succeed in his place to the inheritance or legacy whenever, in case
  188     [CAP. 16.           CIVIL CODE
of intestacy, they would have benefited by the rule of
representation, unless the testat or has otherwise directed, or unless
the subject of the legacy is a ri ght of usufruct, use, or habit ation, or
any other right which is o f its own nature personal.
Where heir or a 
legatee renounces disposition.746.  A testamentary disposition shall lapse with regard to the
heir or legatee who renounces it,  or who is incapable of taking .
Testator can make 
provision for the existence or birth 
of children, etc.
Substituted by:XVIII.2004
.81.747. It shall be lawful for a testator to make provision in his
will for the existence or subsequent birth of children ordescendants, and such provision may, without prejudice to any
right to a share of the reserved portion, distinguish between s uch
children or descendants in the same manner as he could lawfullydistinguish between children or descendants of whose existence he
is aware or who ar e already born.
Where children or 
descendants are 
passed over.Substituted by:
XVIII.2004
.81.748.  Where provision is not made in accordance with article
747 and the testator makes dispo sition by universal or singular  title
and passes over any children or descendants, whether or not thetestator was aware of their existence, and whether or not such
children or descendants were born at the time of the making of
dispositions, such dispositions shall nonetheless be valid savi ng the
right of the children or descendants so passed over to their sh are of
the reserved portion to which the y may be entitled under this C ode.
Right of children 
born after the 
making of the will. 
Amended by: XXI.1962.13.749.  Repealed by : XVIII.2004 .81.
Preterition of 
children of testator of whose existence 
he was aware does 
not void disposition.750. Repealed by : XVIII.2004 .81.
§ VI. O F SUBSTITUTION AND OF ENTAILS
Substitutio 
vulgaris. 751. (1) It shall be lawful for the testator to substitute another
person for the heir-institute or for the legatee, in the event of such
heir or legatee not being able o r willing to accep t the inherit ance or
the legacy.
(2) Any such disposition is termed substitutio vulgaris .
Substitution in the 
case of minors, of 
persons with a 
mental disorder or other condition, 
which renders 
them incapable of managing their 
own affairs, or 
insane persons.Amended by:
XXI.1962.14;
XVIII.2004
.82.
Substituted by:
II.2012 .16.
Amended by:XXIII.2017.
71.752. (1) It shall be lawful for any one of the spouses, the other
ascendants, the uncle or aunt, brother or sister, to substitute  a third
party in the place of a minor in the event of the latter dying without
issue, before attaining the age of eighteen years, but only wit h
regard to the property in which such minor shall have been
instituted heir or  appointed legatee.
(2) It shall also be lawful for  a n y  o f  t h e  s a i d  p e r s o n s  t o
substitute a third party in the place of any person with a ment al
disorder or other condition, which renders him incapable ofmanaging his own affairs or insane person, in regard to such
property only as they shall have devised to him, in the event o f his
dying with the mental disorder or other condition, whilst stillincapable of managing his own affairs, or in a state of insanit y,
CIVIL CODE  [CAP. 16.   
without issue. 
(3) Any substitution referred to in this article, if made by any  one of
the parents or any other ascendant by whom a share of the reser ved
portion is due to the heir-institute or legatee, may only inclu de such
portion of the property as the minor, on attaining majority, or  the insane
person, or person with a mental disorder or other condition, if  of sound
mind at the time of his death, could dispose of.
Substitution of 
several persons in 
the place of one, or 
vice versa.753.  It shall be lawful to substitute under the provisions of the
preceding articles, several perso ns in the place of one, or one  in the
place of several.
Where in the 
substitution clause 
only one of the two contingencies is 
stated. 754.  Where in the substitution cl ause only one of the two
contingencies is stated, that is , either that the institute sho uld be
unable, or that he should be unw illing to receive the inheritan ce or
legacy, the other contingency shall, unless the disponer shall have
stated the contrary, be deemed to be included.
Performance of 
obligations by 
substitutes.755. (1) The substitute shall be bound to perform all such
obligations as may have been imposed on the party for whom he
shall have been substituted, unless it shall appear that the te stator
wished to impose such obligations solely on the party called in  the
first place.
(2) Nevertheless, suc h obligations as particularly affect the
person of the heir or legatee shall not, in the absence of an e xpress
declaration to the contrary, be deemed to be operative in regar d to
the substitution.
Proportion of 
shares in case of reciprocal 
substitution of 
heirs or legatees taking unequally 
among themselves.756. (1) Where two or more co-heirs or legatees in unequal
shares shall have been reciprocally substituted, the proportion  of
shares fixed by the first disposition shall be deemed to be ope rative
in regard to the substitution.
(2) Where the substitution includes another person in addition
to the persons called in the first place, the evacuated portion  shall
vest in all the substitutes in equal shares.
Prohibition of 
entails. 
Cap. 12.757. (1) Entails are prohibited:
Provided that entails crea ted before the date of the
commencement of Ordinance No. IV of 1864, hereby repealed,
shall continue to be regulated by the provisions of the law in force
before that date including the provisions contained in Chapter II of
Book IV of the Municipal Code of Malta, commonly called "Code
De Rohan", saving the provisions of Title I of Part II of BookSecond of the Code of Organization and Civil Procedure
.
(2) Any provision by which the heir or legatee is required to
preserve and return the inheritance or legacy to a third person  shall
be considered as if it had not been written.
  190     [CAP. 16.           CIVIL CODE
Provision 
restraining heir or 
legatee from 
alienating or from disposing by will, 
to be ineffectual.
Amended by:XVIII.2004
.83.758. (1) Any provision restraining the heir or legatee from
alienating or from disposing by will, shall, subject to the pro visions
of article 736, be considered as if it had not been written.
(2) Nevertheless, it shall be law ful to bequeath the usufruct to
one person, and the nuda proprietas to another, subject, however, to
the provisions o f article 331.
(3) It shall also be lawful for a spouse to make in favour of th e
surviving spouse a bequest by universal or by singular title,substituting for him or her another beneficiary in the residue still
existing at the time of the demise of the surviving spouse. In such
case the surviving spouse shall only be restrained from disposi ng of
any thing contained in the disposition, by will or by title of
donation.
(4) For the purpose of this articl e "residue" mean s and includes
only:
(a) immovable property, whether immovable by its nature
or by reason of the object  to which it refers; and
(b) all certain and determinate movable property which
can be identified, excluding liquid cash and things
identified only by their species.
(5) An action contesting any disposal made by the surviving
spouse in contravention of sub-article (3) may be instituted du ring
the lifetime of the surviving spouse, and shall be barred by th e
lapse of five years from the opening of succession of the survi ving
spouse.
(6) A disposal made by the surviving spouse in contravention
of sub-article (3) shall in the case of immovables be null. In the
case of movable property nullity  shall ensue only if the benefi ciary
was in bad faith. In any other case action shall only lie for d amages
against the surviving spou se or his or her estate.
Where usufruct is 
left to one person 
and ownership to 
another.759.  Where the usufruct of a thing is left to one person, and the
ownership of the same thing to another person, under the condit ion
that the latter be still alive at the time of the cesser of the  usufruct,
it shall be lawful to substitute a third person in the place of  the
person in whose favour the ownersh ip is devised in the event of
such condition not being fulfilled.
Disposition under 
condition that 
cannot be fulfilled before death of heir 
or legatee.760.  It is not forbidden to institute heirs, or bequeath legacies
under a condition which cannot be  fulfilled except at the time of the
death of the heirs or legatees, and to substitute others in the ir place
in the event of the non-f ulfilment of the condition.
When annuities or 
other burdens in favour of more 
persons 
successively are permitted.
Amended by:
XIII.2007
.5.761. (1) Any perpetual or limited burden by reason of which
the whole usufruct of the inheritance or of the legacy, or a po rtion
of such usufruct, or any other annuity, is to be given to two o r more
persons successively, shall be considered as if it had not been
written.
(2) Nevertheless, it is not forbidden to impose the payment of
an annuity, whether in perpetuity or for a limited time, for th e
purpose of creating a sacred patrimony, or of being employed fo r
the relief of the poor, or in reward for virtue or merit, or fo r any
CIVIL CODE  [CAP. 16.   
other purpose of public utility, even though the disposition be  in
favour of persons belonging to a certain class or to certain fa milies.
(3) Sub-article (1) shall not apply to dispositions in favour of
persons called to benefit un der a trust or a foundation.
§ VII. O F TESTAMENTARY EXECUTORS
Appointment of 
executors by testator.762.  It shall be lawful for a testator to appoint one or more
testamentary executors.
Who may be 
executor.763.  No person who is under a disability to contract
obligations, may be a t estamentary executor.
Minor. 
Amended by: 
XLVI.1973.58.764.  A minor may not hold the offi ce of testamentary executor
even though with the authority of the parent to whose authority  he
is subject, or of his tutor or curator.
Executor cannot 
intermeddle with 
estate before confirmation.765.  I t  s h a l l  n o t  b e  l a w f u l  f o r  a n y  t e s t a m e n t a r y  e x e c u t o r  t o
intermeddle with the administration of the estate before he is
confirmed by the court of volunt ary jurisdiction of the island in
which the testator resided  at the time of his death.
Recognizance to be 
entered into by 
executor.766. (1) The court shall not confirm the testamentary executor
before he shall have entered into a recognizance in the records  of
the court, with hypothecation of his property to be registered in the
Public Registry, faithfully to carry into effect the will of th e
testator, and to render an acco unt of his administration every year
or once only, as  the court shall, accordi ng to circumstances, d irect.
(2) The court may, on the demand of the executor, limit the
amount for which his prope rty is to be  hypothecated.
Inventory. 767.  It shall be in the power of th e court, before confirming the
executor to require him to make up an inventory of the property
which he is charged to administer, or, a statement of such prop erty
to be verified by his oath, un less he shall have been exempted from
making such inventory or statement by the persons to whom the
property devolves, wholly or in part.
Executor cannot be 
exempted from 
rendering account.768.  Any disposition calculated to exempt the testamentary
executor from the obligation of rendering an account shall be
inoperative.
Powers of executor 
pending procedure 
in confirmation.769.  The executor may, pending the procedure in confirmation,
perform such acts as cannot without prejudice be delayed, and t ake
such measures as are necessary for  the preservation of the esta te.
Fee payable to 
executor.770.  It shall be in the power of the said court, at any time, to
grant to the testamentary executo r a moderate fee, regard being  had
to the value of the estate to be administered by him, unless th e
testator himself shall have made provision as to such fee, or t he
executor shall have wai ved his right thereto.
Power of executor 
to sell property.771. (1) The testamentary executor, for the purpose of paying
the debts of the estate or of discharging the legacies, may, in  the
absence or insufficiency of fund s in the estate, collect sums o wing
  192     [CAP. 16.           CIVIL CODE
to the estate, or, in default, sell property.
(2) Such sale shall be made by public auction, unless the heirs
agree, or the court, on the application of the executor, allows , that
the sale be made otherwise.
Heir may prevent 
sale.772.  The heir may prevent the sale by offering the means with
which to pay the debts and  discharge the legacies.
Office of executor 
not to descend to 
heirs.773.  The office of the testamentary executor shall not descend
to his heirs.
More executors to 
act conjointly.774.  Where the testator has appointed two or more testamentary
executors, they can only act conjointly, unless the testator sh all
have authorized them to act even separately, in which case each
shall be responsible for his own act only.
Expenses incurred 
by executor to be 
borne by estate.775.  The expenses incurred by the testamentary executor in the
discharge of his duties shall be borne by the inheritance.
Executor may 
renounce office. 776. (1) The testamentary executor may, at any time, renounce
his office, even though he shall have already commenced to act as
executor.
(2) He may also on good cause shown be removed from office.
Power of court 
when two or more 
executors are appointed.777. (1) Where the testator has appointed two or more
executors, and one or more has or have declined to accept the
office, or renounced it, or has or have been suspended or remov ed
therefrom, the said court may c onfirm the executor or executors
remaining, and authorize him or them to carry into effect the w ill as
if the testator had appointed him or them only, provided he or they
be considered fit by the court.
(2) The same rule shall apply in case of the death, absence, or
illness of one or more of the executors.
Death, etc. of only 
executor - nominate or of all 
executors - 
nominate.778.  In case of the death, absence, renunciation, or illness of
the only executor, or of all the  executors-nominate, the execut ion of
the will shall vest in the heirs, unless the court of voluntary
jurisdiction, with the consent of such heirs, or, the court of
contentious jurisdiction, for just cause on the demand of anyinterested party, shall have conferred the office upon another
person.
 § VIII. O F THE OPENING AND PUBLICATION OF WILLS
Opening of secret 
will. 
Cap. 12.779.  Any person claiming to have any interest in a secret will
may, upon the death of the testator being ascertained, demand t he
opening of such will in the manner laid down in the Code of
Organization and Civil Procedure .
Applicability of 
s.779 to cases of 
long absence of 
testator, etc.780.  The provisions of the last p receding article shall also
apply in any case where the comp etent court shal l have adjudged
and declared that the testator is, in consequence of his long
CIVIL CODE  [CAP. 16.   
absence, to be presumed to have died, as well as in any case wh ere
the testator shall have taken the vows in a monastic order or i n a
religious corporation of regulars.
§ IX.O F THE  REVOCATION OF WILLS
Power of revoking 
will cannot be 
waived.781. (1) No person may waive the power of revoking or
altering any testamentary disposition made by him.
(2) Any clause or condition purporting to waive such power,
shall be considered as if it had not been written.
Will may be 
revoked by subsequent will or 
notarial 
instrument.782. (1) Saving the provisions of article 743 and the articles
following, a will may be revoked, wholly or in part, by asubsequent will.
(2) It may also be revoked by any other act received by a notary
with the formalities required for the execution of notarial act s,
whereby the testator personally or through an attorney speciall y
authorized, declares that he rev okes his will, wholly or in par t.
Implied revocation 
of secret will.783.  The mere withdrawal of a s ecret will from the notary, or,
in any of the cases referred to in articles 673 and 676 from th e
person to whom the will shall have been delivered, or from the
registry of the court, or from the office of the consul wherein  it
shall have been deposited, shall operate as an implied revocati on of
the will.
Will if null cannot 
revoke previous will.784.  A will which is void cannot have the effect of a notarial
act so as to revoke a previous will.
Revival of revoked 
disposition. 785.  Any testamentary disposition which has been revoked, can
only revive by a fresh will.
Implied revocation 
by subsequent 
contrary dispositions.786.  Where a subsequent will has not expressly revoked a
previous will or previous wills, it shall annul such only of th e
dispositions contained in the previous will or wills as shall b e
shown to be contrary to, or inconsistent with, the new disposit ions.
Revocation to 
subsist, although 
subsequent will 
lapses.787.  The revocation made by a subsequent will shall be fully
operative even if such subsequent will lapses, by reason of the
predecease or disability of the he ir-institute or legatee, or o f the
renunciation of the inheritance or legacy.
Sub-title II
OF INTESTATE SUCCESSIONS
GENERAL PROVISIONS
When intestate 
succession takes place.788.  Where there is no valid will, or where the testator has not
disposed of the whole of his est ate, or where the heirs-institu te are
unwilling or unable to accept the inheritance, or where the rig ht of
accretion among the co-heirs does not arise, intestate successi on
  194     [CAP. 16.           CIVIL CODE
takes place, wholly or in part, by the  operation of law.
Persons succeeding 
ab intestato.Amended by:
L.N. 148 of 1975;
XVIII.2004
.84.789.  Intestate succession is granted in favour of the des-
cendants, the ascendants, the c ollateral relatives and the spou se of
the deceased, and the Government of Malta, in the order and
according to the rules  hereafter laid down.
Rules regarding 
succession among 
relations.790.  In regulating succession among relations, the law takes
into consideration the proximity of the relationship, and does not
consider either the prerogative of the line or the origin of th e
property, except in the cases and in the manner expressly provi ded
for by law.
How proximity or 
relationship is 
determined.791. (1) The proximity of relationship is established by the
number of generations.
(2) Each generatio n forms a degree.
(3) The series of degrees forms the line.
Direct line. 792. (1) The series of degrees bet ween persons descending the
one from the other is called the direct line.
Collateral line. (2) The series of degrees between persons descending not the
one from the other, but from a common ancestor, is called the
collateral line.
Direct line may be 
descending or 
ascending.793. (1) The direct line may be descending or ascending.
(2) The descending direct line co nnects the ancestor with those
who descend from him.
(3) The ascending direct line c onnects a person with those from
whom he descends.
Computation of 
degrees in the direct line.794.  In the direct line, as many deg rees are counted as there are
generations, not including the common ancestor.
Computation of 
degrees in collateral line.795.  In the collateral line, the degrees are counted by the
generations, commencing from one of the relations up to, andexclusive of, the common ancestor , and then from the latter dow n
to the other relation.
OF THE CAPACITY TO SUCCEED
Persons incapable 
or unworthy of succeeding ab 
intestato. 796.  Persons who are incapable o r unworthy of receiving under
a will, for the causes stated in this Code, are also incapable or
unworthy of succeeding ab intestato.
Other persons so 
incapable.797.  Persons who, by fraud or vi olence, shall have prevented
the deceased from making a will, shall also be, as unworthy,
incapable of succeeding ab intestato.
Applicability of 
arts. 606 and 607. 798.  The provisions contained in articles 606 and 607 shall
apply to any person who, for the causes stated in the last two
preceding articles, shall have b ecome unworthy of succeeding ab
intestato.
CIVIL CODE  [CAP. 16.   
Children or 
descendants of 
persons excluded 
as unworthy.799. (1) The children or descendants of a person excluded as
unworthy shall not be excluded by reason of the unworthiness of
their parent or ascendant, whet her they succeed in their own ri ght
or whether, in order to succeed, they have to stand, under the rule
of representation, in the place of the parent or ascendant so
excluded.
(2) Nevertheless, the father ma y in no case claim, over such
inheritance, either the usufruct or the administration which th e law
grants to parents over the property of their children.
Members of 
monastic orders.800.  Repealed by : XVIII.2004 .85.
OF REPRESENTATION
Rule of 
representation,801.  Representation operates so as to put the representative in
the place, degree, and rights of the person represented.
in the descending 
direct line.802.  Representation in the descen ding direct line takes place in
infinitum and in all cases, whether th e children of the deceased take
with the descendants of a pred eceased child, or whether, all th e
children of the deceased having predeceased him, the descendant s
stand amongst themselves i n equal or unequal degrees.
Representation 
does not take place 
between 
ascendants.803.  Representation does not tak e place between ascendants:
the nearest relation excludes the others.
Representation in 
collateral line.804. (1) In the collateral line, r epresentation is allowed in
favour of children and descendants of brothers or sisters of th e
deceased, whether such childre n or descendants take with their
uncles or aunts, or whether, all the brothers and sisters of th e
deceased having predeceased him,  the succession devolves to the ir
descendants in unequal degrees.
(2) If the children or descendants of brothers or sisters stand in
equal degree, they shall all take per capita , without representation. 
Partition per 
stirpes  and per 
capita.805. (1) In all cases in which representation is allowed, the
partition shall be made per stirpes.
(2) Where in one and the same stock there are several branches,
the sub-partition shall be made per stirpes in each branch; and the
partition among the members of the same branch shall be made per
capita.
No representation 
of persons who are 
alive.806.  Representation cannot take pl ace in regard to persons who
are alive, but only in regard to persons who are dead, or incap able
of succeeding, or who, by reason of a long period of absence, a re,
in virtue of a judgment of the c ompetent court, presumed to hav e
died.
  196     [CAP. 16.           CIVIL CODE
Representation of 
person whose 
estate has been 
renounced. 807. It shall be lawful to represen t the person whose inheritance
has been renounced.
§ I. OF SUCCESSION BY DESCENDANTS AND SURVIVING SPOUSE
Where deceased is 
survived by descendants and 
spouse.
Substituted by:XVIII.2004
.86.808. (1) Where the deceased has left children or their
descendants and a spouse, the succession devolves as to one moi ety
upon the children and other descendants and as to the other moi ety
upon the spouse.
(2) The provisions of sub-article (1) shall be without prejudice
to the right of the surviving spouse under articles 633, 634 an d 635.
Where deceased is 
survived by 
descendants but 
not by spouse.Amended by:
XXI.1962.15.
Substituted by:XVIII.2004
.86.809. Where the deceased has left ch ildren or other descendants
but no spouse, the succession de volves upon the c hildren and ot her
descendants.
Where the 
deceased is not survived by 
descendants but is 
survived by 
spouse.
Substituted by:XVIII.2004
.86.810. Where the deceased has left no children or other
descendants but is sur vived by a spouse the succession devolves  on
the spouse.
Succession by 
children and descendants.
Substituted by:
XVIII.2004
.86.
Amended by:
XXIII.2017. 72.811. (1) Saving the provisions of article 815, children or other
descendants succeed to their parents or other ascendants withou t
distinction of sex, and whether they are born or conceived in
marriage or otherwise and whether they are of the same or of
different marriages.
(2) They succeed per capita  w h e n  t h e y  a r e  a l l  i n  t h e  f i r s t
degree; they succeed per stirpes when all, or some of them, take by
representation.
§ II. OF SUCCESSION BY ASCENDANTS AND COLLATERALS
When deceased 
leaves no 
descendants nor a spouse.
Substituted by:
XVIII.2004
.86.812. Where the deceased has left no children or other
descendants, nor a spouse, t he succession shall devolve:
(a) if there be an ascendant o r ascendants and no direct
collaterals: to the nearest ascendant or ascendants;
(b) if there be an ascendant or ascendants and direct
collaterals: one moiety to the nearest ascendant or
ascendants and the other moiety to the direct
collaterals;
(c) if there be no ascendant or ascendants but there be
direct collaterals: to the direct collaterals; and
(d) if there be neither ascendant or ascendants nor direct
collaterals: to the nearest collateral in whatever line
CIVIL CODE  [CAP. 16.   
such collateral may be.
Direct collaterals.
Substituted by:XVIII.2004
.86.813. (1) For the purpose of article 812 direct collaterals mean
brothers and sisters, whether of the half or full blood or adop ted
and the descendants of predeceas ed brothers or sisters, of the half
or full blood or adopted.
(2) The brothers and sisters shall succeed per capita and their
descendants per stirpes in terms of articles 804 and 805.
Succession by 
other collaterals.
Substituted by:XVIII.2004
.86.814. Succession between collaterals shall not extend beyond
twelfth degree.
Where persons 
conceived and born out of wedlock 
succeed with 
certain other persons.
Substituted by:
XVIII.2004
.86.815. (Deleted by Act XV .2012 .24).
§ III. OF THE RIGHTS OF THE GOVERNMENT
Rights of 
succession competent to the 
Government of 
Malta.Substituted by:
XVIII.2004
.86.816. Where the deceased is not surv ived by any of the persons
entitled to succeed under the rul es laid down in the foregoing
articles, the inherita nce shall devolve upon the Government of
Malta.
Right of succession 
of illegitimate child, legitimated 
by decree of court, 
etc.,817.  Repealed by : XVIII.2004 .86.
if not legitimated 
by decree of court, 
etc. Amended by:
L.N. 148 of 1975.818. Repealed by : XVIII.2004 .86.
Rule as to right of 
succession of 
illegitimate 
children, legitimated or 
acknowledged. 
Amended by: XLVI.1973.59.819. Repealed by : XVIII.2004 .86.
Collation by 
illegitimate children.820.  Repealed by : XVIII.2004 .86.
Legitimate 
children of predeceased 
illegitimate child.821.  Repealed by : XVIII.2004 .86.
Illegitimate 
children have no 
right over property 
of relations of their parents.822.  Repealed by : XVIII.2004 .86.
  198     [CAP. 16.           CIVIL CODE
Succession to 
property of 
illegitimate child 
dying without issue or spouse.823.  Repealed by : XVIII.2004 .86.
Succession to 
property of illegitimate child 
dying without 
issue, but survived by spouse.824.  Repealed by : XVIII.2004 .86.
Rights competent 
to surviving spouse by person leaving 
children.
Substituted by: XXI.1993
.73.825.  Repealed by : XVIII.2004 .86.
Rights competent 
to surviving spouse of person dying 
without issue but 
survived by 
ascendants or 
illegitimate children, etc. 
Substituted by: 
XLVI.1973.60. Amended by: 
XXI.1993
.74.826. Repealed by : XVIII.2004 .86.
Rights competent 
to surviving spouse 
of person dying 
without issue, and not survived by 
ascendants, or 
illegitimate children, etc. 
Substituted by: 
XLVI.1973.61.827.  Repealed by : XVIII.2004 .86.
Surviving spouse 
to bring into 
account property received from 
deceased.828.  Repealed by : XVIII.2004 .86.
Where spouses are 
separated. 
Amended by: 
XXI.1993 .75.829.  Repealed by : XVIII.2004 .86.
Rights of 
succession 
competent to Government of 
Malta. 
Amended by: L.N. 148 of 1975.  830. Repealed by : XVIII.2004 .86.
CIVIL CODE  [CAP. 16.   
Sub-title III
PROVISIONS COMMON TO TESTATE SUCCESSIONS AND 
TO INTESTATE SUCCESSIONS
§ I.OF THE OPENING OF SUCCESSIONS, OF  CONTINUANCE 
OF POSSESSION IN THE PERSON OF THE HEIR, AND 
OF PRESCRIPTION OF CERTAIN ACTIONS
Succession opens 
at death. 831.  A succession opens at the time of death, or on the day on
which the judgment declaring th at the person whose succession i s
concerned is, by reason of his long absence, to be presumed to have
died has become res judicata .
Where people die 
in a common 
calamity.
Substituted by:XVIII.2004
.87.832.  Where several persons die in a common calamity and it is
impossible to determine who survived the other, they shall, whe re
any one of them is called to the succession of the other, be
presumed to have died at the same time.
Rule as to 
presumption of 
survivorship as 
regards person of 
same sex,833. Repealed by : XVIII.2004 .87.
as regards persons 
of different sex.834. Repealed by : XVIII.2004 .87.
Succession also 
opens on taking of 
religious vows.835.  Repealed by : XVIII.2004 .87.
Seisin of heirs. 836.  The possession of the prope rty of the deceased is, by
operation of law, transferred, by way of continuation, to the h eir,
whether testamentary or an heir- at-law, subject to his obligati on of
discharging all the liab ilities of the inheritance.
Where a part only 
of the inheritance 
is disposed of.837.  Where the deceased disposes  of a portion only of the
inheritance, and the remaining portion devolves upon the heirs- at
law, possession vests, by operation of law, in the testamentary  heir
and in the heir-at-law, in propo rtion to their r espective share s.
Where person 
claiming rights 
over property of 
inheritance, has taken possession 
thereof.838.  Where any person claiming rights over the property of the
inheritance has taken possession thereof, the heirs in whom
possession vests by law shall be deemed to have been dispossess ed
de facto, and may exercise all the actions competent to a legitimate
possessor.
Share due to 
person conceived and born out of 
wedlock may be 
paid in kind.Substituted by:
XVIII.2004
.88.839. Where under testate or intes tate succession a person
conceived and born out of wedlock succeeds with adoptive childr en
of the deceased or other children of the deceased who are not s o
conceived and born or descendant s of such children, or with the
surviving wife of the deceased, the other heirs of the deceased  shall
be entitled to pay the share due to the person conceived and bo rn
out of wedlock, either in cash or in movable or immovable prope rty
of the estate, if latter does not object; and in case of opposi tion by
the latter, the Civil Court – V oluntary Jurisdiction shall, fol lowing
an application to that effect by any of the other heirs of the
  200     [CAP. 16.           CIVIL CODE
deceased, decide whether to allow such payment or assignment,
after taking into account persona l considerations and those rel ating
to property.
When demand for 
delivery of 
possession is to be made to the court. 
Amended by: 
L.N. 148 of 1975.840. Repealed by : XVIII.2004 .88.
Security to be 
given by 
illegitimate child or by spouse before 
declaration of 
delivery of possession.841. Repealed by : XVIII.2004 .88.
When surety may 
be dispensed with.842.  Repealed by : XVIII.2004 .88.
No surety required 
where value of 
inheritance does 
not exceed fifty 
liri. Amended by: 
XI.1977.2; 
XIII.1983
.5.843.  Repealed by : XVIII.2004 .88.
Issue of banns. 844. Repealed by : XVIII.2004 .88.
Limitation of 
action for demanding 
inheritance, etc.
Amended by:XVIII.2004
.89.845. (1) The action for demanding an inheritance, or a legacy,
or the reserved portion, whether in testate or in intestatesuccessions, shall lapse on the expiration of ten years from th e day
of the opening of the succession.
(2) Nevertheless, with regard to m inors, or persons interdicted,
the said action shall not lapse except on the expiration of one  year
from the day on which they shall have attained majority, or theinterdiction shall have c eased, as the case may be.
§ II. O F THE ACCEPTANCE AND RENUNCIATION OF AN 
INHERITANCE
OF THE ACCEPTANCE OF AN INHERITANCE
No person bound 
to accept 
inheritance.846.  No person is bound to accep t an inheritance devolved
upon him.
Inheritance may be 
accepted 
unconditionally or under benefit of 
inventory.847.  An inheritance may be accepte d unconditionally, or under
benefit of inventory.
Persons subject to 
tutorship, etc. 
Amended by: 
XLVI.1973.63; XXI.1993
.2.848.  Where an inheritance devolv es upon a person subject to
tutorship or curatorship, or upon a minor, it cannot be accepte d by
the tutor or curator, or by the parent exercising parental auth ority
except under benefit of inventory.
CIVIL CODE  [CAP. 16.   
Retrospective 
effect of 
acceptance of 
inheritance.849.  The acceptance of an inheritan ce shall retroact as from the
day of the opening of the succession, saving any right which ma y
have been acquired by third partie s in virtue of agreements mad e in
good faith with the apparent heir.
Acceptance may be 
express or implied.850. (1) Acceptance may be eith er express or implied.
(2) It is express, if the status of heir is assumed either in a
public deed or in a private writing.
(3) It is implied, if the heir performs any act which necessaril y
implies his intention to accept the inheritance, and which he w ould
not be entitled to perform ex cept in his capacity as heir.
Effects of judicial 
declaration as to 
status of heir.851.  A person who, by a judgment o f the competent court, has
been declared to be the heir, or  has been condemned expressly i n
such capacity, shall be deemed to be the heir with regard to al l the
legatees and creditors of the inheritance.
Acts not implying 
acceptance.
Amended by:
XVIII.2004 .90.852.  (1) Arrangements made for t he funeral, acts of mere
preservation, or of provisional administration, shall not, unle ss the
status of heir has also been a ssumed, imply acceptance of the
inheritance.
(2) The provisions of sub-article (1) shall also apply in the ca se
of judicial proceedings in resp ect of possessory actions, in wh ich
case the person entitled to succeed shall be considered as de jure
curator of the inheritance in terms of article 886(2).
(3) Sub-article (2) shall only a pply if the person entitled to
succeed states in the action that  he is acting in his capacity of de
jure curator.
Acts implying 
acceptance.853. (1) Any donation, sale, or assignment of his rights of
succession by one of the co-heirs , whether in favour of a stran ger or
of all or any of his co-heirs, shall imply his acceptance of th e
inheritance.
(2) The same applies -
(a) with regard to a renunciation made, even if
gratuitously, by one of the heirs in favour of one or
more of his co-heirs;
(b) with regard to a renunciation made, even in favour of
all his co-heirs indiscriminately, when suchrenunciation is made under an onerous title.
When renunciation 
of one co-heir in 
favour of other co-
heirs does not imply acceptance 
of inheritance.854.  Where the renunciation is made gratuitously by one of the
co-heirs in favour of all those co-heirs, whether testamentary or
heirs-at-law, upon whom, on failure of the party renouncing, hi s
portion of the inheritance would have devolved, it shall not im ply
acceptance of t he inheritance.
Where heirs do not 
agree as to accepting or 
renouncing an 
inheritance.855.  If the heirs do not agree as  to accepting or renouncing the
inheritance, the par ty accepting shall alon e acquire all the ri ghts,
and become subject to all the liabilities of the inheritance.
  202     [CAP. 16.           CIVIL CODE
Right of 
acceptance 
transmissible to 
heirs.856.  Where a person to whom a succession has opened dies
without having renounced or acce pted it, the right to accept su ch
succession shall vest in his heir s; and in such case the provis ions of
the last preceding ar ticle shall also app ly to such heirs.
Rights of such 
heirs.857. The heirs who have accepted th e inheritance of the person
from whom the right referred to i n the last preceding article i s
derived, may nevertheless renounce the inheritance devolved upo n,
but not yet accepted by such person:
Provided that the renunciation of the inheritance of the said
person shall also operate as a renunciation of the inheritance
devolved upon him.
When acceptance 
may be impeached.
Amended by:XVIII.2004
.91.858. (1) A person who has accepted an inheritance cannot
impeach the acceptance, unless such acceptance was the result o f
violence, or of fraud practised upon him.
(2) Nevertheless, if a will is di scovered which, at the time of
acceptance, was unknown to the person accepting, such personshall not be bound to discharge the legacies bequeathed in such  will
beyond the value of the inheritance, saving the reserved portio n to
which such person may be entitled.
Period of limitation 
as to right of accepting vacant 
inheritance.859.  The right of accepting a vacant inheritance is prescribed
by the lapse of thirty years.
OF THE RENUNCIATION OF AN INHERITANCE
Renunciation is not 
presumed.Amended by:
XV.2012
.25.860. (1) Renunciation of an inheri tance cannot be presumed. 
(2) It may only be made by a declaration filed in the registry o f
the court of voluntary jurisdiction of the island in which the
deceased resided at the time of his death or by a declaration m ade
by an act of notary public.
(3) The declaration of renunciation referred to in this article
shall not be operative with regard to third parties except from  the
time when it is registered in the Public Registry according to the
provisions of article 330(2).
Heir renouncing 
testate succession forfeits right to 
intestate 
succession.Amended by:
XVIII.2004
.92.861. The heir who renounces a testa te succession forfeits all
rights to the intestate succession:
Provided that it shall be lawful for such heir to make, in the
act of renunciation, a reservati on in respect of the reserved p ortion
of the property to which he may be entitled under any of the
provisions of articles 614 to 653.
Heir renouncing 
inheritance may 
claim legacy.862. (1) The heir who renounces is considered as if he had
never been an heir.
(2) Nevertheless, his renunciat ion shall not operate so as to
deprive him of the right to demand any legacy bequeathed to him . 
CIVIL CODE  [CAP. 16.   
Devolution of 
share of person 
renouncing, in 
intestate succession.863. (1) In intestate successions, the share of the person
renouncing accrues to his co-heirs.
(2) If the person renouncing is the sole heir, the succession
devolves upon the person next in degree.
No person may 
take as 
representative of 
person renouncing.864. (1) No person may take as the representative of an heir
who has renounced.
(2) If the person renouncing is the sole heir in his degree, or if
all the co-heirs renounce, the children shall take in their own  right
and shall succeed per capita.
Devolution of 
share of person 
renouncing, in 
testate succession.865.  In testate successions, the share of the person renouncing
shall devolve upon the co-heirs or  the heirs-at-law as provided  in
articles 737 and 741.
Creditors of 
renouncing heir 
may accept in his stead. 
Amended by: 
XLVI.1973.64.866. (1) The creditors of a person who renounces an
inheritance to the prejudice of their rights, may apply to the court
for authorization to accept such inheritance in the place of th eir
debtor.
(2) In the case referred to in sub-article (1) of this article t he
renunciation is annulled not in favour of the renouncing heir, but in
favour of the creditors, and only to the extent of the rights o f such
creditors.
(3) It shall be lawful for any of the co-heirs of the person
renouncing to oppose the action of the creditors by paying the sums
due to them, and the co-heir effecting payment shall ipso jure be
subrogated to the rights of the creditors whose claims he has
satisfied.
Renouncing heir 
may still accept vacant inheritance.867. (1)  An heir who has renounced an inheritance may yet
accept such inherit ance provided - 
(a) the right of acceptance shall not, in his regard, have
lapsed by prescription; and
(b) the inheritance shall not have been already accepted by
other heirs.
(2) Nevertheless, such acceptance shall not operate so as to
prejudice any right which may have been acquired by third parti es
over the property of the inheritance either by prescription, or  by
virtue of acts validly made with the curator of the vacantinheritance.
Heir may be 
compelled to declare whether he 
accepts or refuses.868.  The court shall, on the demand of any person interested,
fix the time of one month, which may, on good grounds, beextended to another month, within which the heir whether
testamentary or heir-at-law sh all be bound to declare whether h e
accepts or renounces the inher itance; and in default of such
declaration within the said ti me, original or enlarged, the
inheritance shall be deem ed to have been renounced.
  204     [CAP. 16.           CIVIL CODE
Heir having actual 
possession cannot 
renounce 
inheritance after lapse of three 
months.869.  Notwithstanding the provisions of the foregoing articles,
the persons entitled to succeed,  having the actual possession o f the
property of the inheritance, shall, on the lapse of three month s from
the opening of the succession, or from the day on which they ha d
knowledge of the devolution thereof, forfeit the right to renou nce
such inheritance, unless they have complied with the provisions
relating to the benefit of invent ory; and, they s hall be deemed  to be
pure and unconditional heirs, even though they claim to be seiz ed
of such property under a different title.
Heir 
misappropriating 
property of inheritance forfeits 
rights of 
renouncing inheritance.870.  Any heir who misappropriates  or conceals any property
belonging to the inheritance, shall forfeit the right to renoun ce such
inheritance, and shall, notwith standing any renunciation remain
pure and unconditional heir.
Renunciation of 
inheritance of a person living, is 
null.871.  Saving other provisions of this Code with regard to
renunciations in contemplation of  marriage, it shall not be law ful to
renounce the inheritance of a living person, or to alienate any
eventual rights thereto, except on taking the vows in a monasti c
order or a religious c orporation of regulars.
Renunciation of 
inheritance by 
person entering into a monastic 
order, to be 
absolute,872.  A renunciation made on taking the vows in a monastic
order or a religious corporation of regulars must be made in a
manner that the person renouncing and the order or corporation,may in no case succeed to th e property so renounced.
except with regard 
to the power of 
reserving a life annuity.873.  It shall, nevertheless, be lawf ul for the person renouncing
as aforesaid to reserve a life a nnuity on the property so renou nced,
and, in any such case, the order  or corporation may, upon the d eath
of the person renouncing, dema nd the payment of any amount of
the annuity which shall not have been paid to him provided he s hall
have expressly declared the defa ult of payment and the debt is not
barred by prescription.
Renunciation by 
minor on entering 
into a religious 
order.874.  The renunciation mentioned in article 872 may be made
even by a minor, provided he has the age required by law for ta king
religious vows.
Effect of 
renunciation.875.  The renunciation mentioned in article 872 shall be
operative in regard to  the persons in whose favour it has been made
even though such persons shall not have been present, and shallnot, up to the time of the openi ng of the succession to the pro perty
renounced, have accepted such renunciation.
Annulment of 
vows brings about 
the annulment of 
the renunciation.876. (1) The annulment of the religious vows shall also bring
about the annulment of the renunciation.
(2) Nevertheless, any alienation of the property renounced
which may have been made before the annulment of the vows, shal l
remain effectual, saving the right of the person renouncing to claim
an indemnity from such other per sons as may be liable, accordin g
to law.
CIVIL CODE  [CAP. 16.   
OF THE BENEFIT OF INVENTORY
Nullity of 
testamentary 
disposition 
restraining heir from entering upon 
inventory.877.  It shall be lawful for the heir, notwithstanding any
prohibition of the testator, to avail himself of the benefit of
inventory.
Declaration of 
intention to assume 
status of heir under 
benefit of inventory.878. (1) The declaration of an heir that he does not intend to
assume the status of heir except under the benefit of inventory  shall
be made in the registry of the court of voluntary jurisdiction of the
island in which the deceased resided at the time of his death, or in
which the person whose successi on is concerned has taken the
vows in a monastic order or reli gious corporation of regulars.
(2) Where the opening of the succession has taken place in
virtue of a judgment declaring that, on account of a long perio d of
absence, the person whose succession is concerned is to be
presumed to have died, the said declaration shall be made by th e
heir in the registry of the court of the island in which suchjudgment shall have been given.
Declaration to be 
preceded or followed by 
inventory. 
Cap. 12. 879.  The declaration aforesaid shal l be ineffectual if it is not
preceded or followed by an inventory of the property of theinheritance in accordance with the  provisions contained in the Code
of Organization and Civil Procedure .
Disagreement 
among heirs as to 
entering upon 
inventory.880. (1) If among several heirs one is willing to accept the
inheritance under the benefit of inventory, and one or more wit hout
such benefit, the inventory must be made.
(2) In any such case, it shall be  sufficient that the declaratio n
referred to in article 878 be made by one only.
(3) The benefit is only competent to the heir making the
declaration.
Heir having actual 
possession of 
property of inheritance to 
make up inventory 
within three months.881.  The heir having the actual possession of the property of
the inheritance, is bound to make up the inventory within three
months from the day of the openi ng of the succession, or from t he
day on which he knew that the  inheritance devolved upon him.
Heir failing to 
commence or complete inventory 
within prescribed 
time to be deemed to have accepted 
inheritance without 
benefit of inventory. 882.  W h e r e  t h e  h e i r  h a s  n o t ,  w i t h i n  t h e  f i r s t  t h r e e  m o n t h s ,
commenced the inventory or has not completed it within the saidtime, or within such further time as may have been allowed to h im,
he shall be deemed to have accepted the inheritance without the
benefit of inventory.
Time for 
deliberating after inventory is 
completed.883.  When the inventory is completed, the heir who has not yet
made the declaration of accepting the inheritance, shall be all owed
the time of forty days, to be reckoned from the day of the
completion of the inventory, to d eliberate whether he would acc ept
or renounce the inheritance; and if, within the said time, the heir
has not made in the registry of the said court a declaration
renouncing the inheritance, or a ccepting it under the benefit o f
  206     [CAP. 16.           CIVIL CODE
inventory, he shall be deemed to have accepted it under the ben efit
of inventory.
Running of time 
with regard to heir 
not having actual 
possession of property of 
inheritance.884. (1) Where any claim is brought against an heir who has
not the actual possession of the property of the inheritance an d has
not intermeddled with it, the times fixed in articles 881, 882 and
883 for making up the inventory and for deliberating shall onlycommence to run from a day to be fixed by the court.
(2) Where no claims are brought against such heir, he shall
continue to have the right to make up the inventory until such time
as the right of accepting the inheritance shall not have lapsed  by
prescription.
Minors and 
persons interdicted.885.  Minors and persons interdicted shall not be deemed to
have forfeited the benefit of inventory except on the expiratio n of
one year from the day on which they shall have attained majorit y,
or the interdiction shall have ceased, as the case may be, unle ss,
within such time, they shall have complied with the provisions of
the foregoing articles.
Pending inventory, 
heir is considered as curator of 
inheritance.886. (1) During the continuance of the time allowed for
making up the inventory and for deliberating, the person entitl ed to
succeed is not boun d to assume the status of heir.
(2) Nevertheless, such person shall be considered as curator de
jure of the inheritance, and, as such, he may be sued as representi ng
the inheritance to answer claims brought against it.
( 3 ) I f  s u c h  p e r s o n  f a i l s  t o  a p p e a r ,  t h e  c o u r t  s h a l l  a p p o i n t  a
curator to represent the inheritance in the proceedings.
Heir may obtain 
leave to sell 
hereditary property which cannot be 
preserved.887. Where in the estate there are things which cannot be
preserved, or the preservation o f which entails a considerable
expense, the heir may, during the continuance of the said times ,
obtain from the court of voluntary jurisdiction, or, in case of
opposition, from the competent court, leave for such things to be
sold in such manner as the c ourt shall deem expedient:
 Provided that the heir shall not by reason of any such
procedure be deemed to have  accepted the inheritance.
Expenses incurred 
before 
renunciation.888.  Where the heir renounces the inheritance before the
expiration of the times, original or enlarged, referred to in t he
foregoing articles, any lawful expense incurred by him up to th e
time of the renunciation, shall be  at the charge of the inherit ance.
Fraudulent 
omission of 
property in 
inventory. 889.  An heir guilty of having fraudulently omitted to include in
the inventory property belonging to the inheritance, shall forf eit the
benefit of inventory.
Effect of inventory. 890.  The effect of the inventory is - 
(a) that the heir shall not be liable for the debts of the
inheritance beyond the value of the property to which
he succeeds;
(b) that he may free himself from the payment of the debts
by giving up all the property of the inheritance to the
creditors, the legatees, and even to the co-heir who
CIVIL CODE  [CAP. 16.   
does not similarly elect to give up the property;
(c) that his own property is not intermixed with the
property of the inheritance, a nd that he shall retain his
right to enforce the payment of his own claims againstthe inheritance.
Duties of heir who 
enters upon inventory.891. (1) The heir who enters upon inventory shall be bound to
administer the property of the i nheritance, and to render an ac count
of his administration to the creditors and the legatees.
(2) He cannot be compelled to satisfy claims out of his own
property, except when he has been put in default to produce his
account, and has not yet fulfilled this obligation.
(3) After the liquidation of the account, he cannot be compelled
to pay out of his own property except to the extent of the bala nce
which results to be due by him.
Extent of liability 
of heir who enters upon inventory.892.  The heir who enters upon inventory shall not in his
administration, be an swerable except for gross negligence.
Time within which 
to render account.893.  The creditors and the legat ees may demand that a time be
assigned to the heir for rendering his account.
When heir entitled 
to reserved portion 
neglects to make up inventory.
Amended by:
XVIII.2004
.93;
XIII.2007 .3.894.  Where the heir to whom the reserved portion would be
due, neglects to make up the inventory, he shall forfeit the ri ght to
cause the donations or legacies  made in favour of any person, o ther
than a co-heir, to be reduced.
Security to be 
given by heir who enters upon 
inventory.895. (1) The heir who enters upon inventory, shall, upon the
demand of any creditor or other person interested give sufficie nt
security for the value of the movable property included in the
inventory, for the fruits of the immovable property, and for an y
balance of the proceeds of the sale of the immovable property
which may remain after satisfying the claims of the creditors o f the
inheritance.
( 2 ) W h e r e  t h e  h e i r  f a i l s  t o  g i v e  s u c h  s e c u r i t y ,  t h e  c o u r t  s h a l l
give such directions as it may deem proper in order to safeguar d the
rights of the interested parties.
Payment to certain 
creditors before legatees.896.  It shall not be lawful for the heir who enters upon
inventory to pay out any legacy before satisfying the creditors  who,
prior to the publication of the inventory, shall have, by a jud icial
letter or other act, given him due notice of their claims, and those
whose claims are registere d in the Public Registry.
Payment to other 
creditors and 
legatees.897. (1) When the creditors mentioned in the last preceding
article have been satisfied, the heir who enters upon inventory  shall
pay such other creditors as may appear, and the legatees, in th e
order of their application for payment.
(2) Nevertheless, even in such case, the said heir cannot pay a
legacy if, before effecting payment thereof, notice of a debt d ue by
the estate is given to him.
  208     [CAP. 16.           CIVIL CODE
Payment of 
registered debts to 
be made in order of 
priority.898.  The heir who enters upon inventory shall, in paying the
debts registered in the Public Registry, and those of which he had
received notice at the time of pay ment, and in retaining any am ount
in respect of any debt due to himself by the estate, observe th e
order of the privileges or hypothecs securing such debts.
Remedy available 
to creditor 
prejudiced by 
payment made by heir.899.  Any creditor to whose prejud ice the heir shall have paid
other creditors or legatees can e xercise his remedy both agains t the
heir as well as against the cred itors or legatees who have been  paid.
Right of creditors 
appearing after the whole of the estate 
has been paid out.900. (1) Any creditor appearing after the whole of the estate
has been paid out in the discharge of other debts, or of legaci es,
may only exercise his remedy against the legatees.
(2) Such action is prescribed by the lapse of three years to be
reckoned from the date of the last payment.
Exercise of 
hypothecary action.901.  The provisions of the last preceding article shall not
operate so as to bar the exercis e by any unpaid creditor of any
action competent to him against the possessor of any immovable
property hypothecat ed in security of the debt due to such credi tor.
Expenses of 
inventory and 
accounts.902.  The expenses of the inventory and of the account shall be
at the charge of  the inheritance.
OF VACANT INHERITANCE
When inheritance 
is deemed to be 
vacant. 
Cap. 12.903.  An inheritance, until it is accep ted, shall be deemed to be
vacant: and, on the demand of any person interested, the court
shall, saving the provisions of article 886, appoint a curator,  as
provided in the Code of Organization and Civil Procedure .
Duties of curator. 904. (1) The curator of a vacant inheritance shall, first of all,
make up an inventory thereof.
(2) The curator shall exercise and prosecute all actions
pertaining to the inheritance: he shall answer all claims broug ht
against it, and shall administer  the property thereof, subject to the
obligation of depositing any money which may be found in theinheritance, or the proceeds o f the sale of any movable or
immovable property, and of rendering an account to the person
entitled to demand it.
Provisions of s.904 
not to apply to 
curators on the rota. 
Cap. 12.905.  The provisions of the last preced ing article shall not apply
to any curator appointed solely fo r the purposes of article 929  of
the Code of Organization and Civil Procedure .
§ III. O F PARTITION
CIVIL CODE  [CAP. 16.   
Partition of 
inheritance may be 
demanded at any 
time.906. (1) It shall at all times be lawful to demand the partition
of an inheritance, notwithstan ding any prohibition of the testa tor.
Cases in which it 
may be restrained 
or suspended.(2) Nevertheless, where all the heirs-institute are minors, or
where any one of such heirs is a minor, it shall be competent t o the
testator to restrain the part ition of the inheritance amongst t he heirs
until the expiration of one year from the day on which the youn gest
of them shall have attained his majority.
(3) It shall also be lawful, by a will, to suspend the partition  for
a time not exceeding five years,  even though no one of the heir s is a
minor. Any disposition suspending the partition for a longer ti me,
shall not be operative in rega rd to the time ex ceeding five yea rs.
Rules governing 
partition.907.  The provisions contained in Sub-titles II and III of Title V
of Part 1 of Book Second of this Code and in articles 908 to 91 2
shall be observed in the p artition of an inheritance.
Appointment of 
person to make up 
shares, etc.908.  When the parties do not agree upon the choice, the court
shall appoint a person to draw up a general statement of the
property, to make up the respect ive shares of the inheritance, and to
fix what each co-parti tioner is to receive.
Presumption of the 
pre-existence of property in case of 
a second or 
subsequent marriage. 
Cap. 12. 909.  Any property which, at the time of the opening of the
succession of a person leaving children or other descendants fr om
two or more marriages, is found in the estate of such person, s hall
be presumed, in the interest of the children or descendants of the
previous marriage, to have exist ed therein before the celebrati on of
the subsequent marriage, unless the contrary is made to appear
either by means of an inventor y made prior to such subsequent
marriage in the manner laid down by the Code of Organization and
Civil Procedure , or by any other means.
Collation due by 
co-heirs.Amended by:
XVIII.2004
.94.910. Each of the co-heirs  shall, according to the provisions of
articles 913 to 938 collate any donation which may have been ma de
to him, and any sum which may be due by him.
Formation of equal 
shares.911.  After such collation or withdraw als are effected, the estate
shall be divided into as many equal shares as there are heirs o r
stocks taking part in the partition.
Assignee of 
portion of 
inheritance may be excluded from 
partition by co-
heirs.912. (1) Where any of the co-heirs has, under an onerous title,
assigned his rights over the inh eritance to any person, not bei ng a
co-heir, the other co-heirs or a ny of them may, even if the ass ignee
is a relation of the deceased, ex clude him from the partition b y
reimbursing to him the price of the assignment, the expenses
incurred on the occasion of such assignment, and the interest o n the
price as from the day on which such price shall have been paid to
the assignor.
(2) The right competent to the co-heirs as aforesaid shall lapse
at the expiration of one month from the day on which notice of the
assignment shall have been given  to the co-heirs , unless within  that
time they shall have d eclared their intenti on to exercise such right.
(3) Where any of the co-heirs sha ll have exercised such right,
the other co-heirs may avail them selves thereof, provided they shall
declare their intention to do so within fifteen days from the n otice
  210     [CAP. 16.           CIVIL CODE
given to them.
(4) Any such notice or declaration shall be given or made by
means of a judicial act.
§ IV .O F COLLATION
Children or 
descendants are 
bound to collate in favour of other 
children or 
descendants.Amended by:
XVIII.2004
.95.913. (1) Children and descendant s only, on succeeding to the
inheritance of an ascendant, whether under a will or ab intestato,
shall impute, in the interests only of the other children ordescendants, being co-heirs, the value of everything they may h ave
received from the deceased by do nation, directly or indirectly,
unless the donor shall have otherwise directed.
(2) The provisions of this article shall apply even though the
children or descendants enter upon inventory.
Exemption from 
collation.914.  Exemption from collation may be granted either by the
same deed containing the donation, or by a subsequent deed havi ng
the formalities requisite for t he validity of donations or will s.
Where donation 
exceeds disposable 
portion, the excess 
is subject to 
collation.915.  It shall not be lawful for the child or descendant,
notwithstanding an express exemption from the obligation of
collation, to retain the donatio n except to the extent of the
disposable portion, and any exce ss shall be subject to collatio n.
Heir renouncing 
succession may 
retain donation.
Amended by:XVIII.2004
.96.916.  An heir who renounces a succession, may, nevertheless,
retain the donation, or claim the legacy bequeathed to him, to the
extent of the disposable portion, saving, where such heir deman ds
the reserved portion due to him by law, the provisions of artic le
620(4).
Where donee is not 
the heir presumptive at the 
time of the 
donation.Amended by:
XVIII.2004
.97.917.  A donee who was not the heir presumptive at the time of
the donation, but who, at the time of the opening of the succes sion,
is entitled to succeed, shall be bound to collate the value of the
things given to him, unless the donor shall have exempted him f rom
such obligation.
Donations to 
descendant of heir 
are exempt from collation.918. (1) Any donations made to the descendant of a person
entitled to succeed at the time of the opening of the successio n shall
in all cases be deemed to be made without the obligation ofcollation.
(2) The ascendant, on succeeding to the donor, shall not be
bound to collate such donations.
Descendant 
succeeding in his own right not 
bound to collate 
donations made to ascendant.
Amended by:
XVIII.2004
.97.919. (1) The descendant succeedin g  i n  h i s  o w n  r i g h t  t o  t h e
donor, shall not be bound to collate the value of the things gi ven to
his ascendant, even though he may  have accepted the inheritance  of
such ascendant.
(2) Where, however, the descendant succeeds by right of
representation, he shall be bound to collate the value of the t hings
given to his ascendant, even though he may have renounced theinheritance of such ascendant.
CIVIL CODE  [CAP. 16.   
Donations made to 
spouse of heir.920. (1) Any donation made to the spouse of a person entitled
to succeed shall be deemed to be made with e xemption from
collation.
(2) Where the donation is made conjointly to both spouses, and
only one of them is entitled to succeed, the latter shall colla te his
portion of the donation.
Collation due to 
inheritance of donor.921.  Collation is only due to the inheritance of the donor. 
What is subject to 
collation.Amended by:
XIII.2007
.6.922.  Collation is due for what has been disbursed by the
deceased for providing a dowry to any of his female descendants ,
or for making any donation on the  occasion of marriage, or for
providing any descendant with a sacred patrimony, or for procur ing
for him an ecclesiasti cal benefice, or for setting him up in an y
employment or business, or for paying his debts or a benefit un der
a foundation or a trust.
Things left by will 
not subject to 
collation.923.  All that which is left by will shall not, in the absence of a
disposition to the contrary, be subject to collation, saving th e
provisions of article 938.
Maintenance 
expenses, etc., not 
subject to collation.924.  The expenses of maintenance, education, and instruction,
the ordinary expenses on the o ccasion of wedding s, and customar y
presents, are not sub ject to collation.
Profits derived 
from agreements with deceased.925.  Any profits which may have been derived from
agreements entered into with the deceased shall likewise not besubject to collation, provided such agreements did not, at the time
they were entered into, c onfer any indirect advantage.
Special 
partnerships 
entered into 
between deceased and heir.926.  Nor shall any collation be d u e  i n  r e s p e c t  o f  a n y  s p e c i a l
partnership entered into, without any fraud, between the deceas ed
and one of his heirs.
Immovable 
property which perishes 
accidentally not 
liable to collation. 927.  Repealed by : XVIII.2004 .98.
Fruits, etc., of 
things liable to 
collation.928.  The fruits of, and the interest on things subject to
collation, shall only be due from the day of the opening of the
succession.
Pensions or 
annuities paid or due, not subject to 
collation.929.  Any pension or annuity which the donor shall have bound
himself to pay to the donee during the lifetime of the donor hi mself
whether such pension or annuity has already been paid or is sti ll
due, and any grant of any annuity, or of interest on any capita l, or
of the fruits of any other thin g to be received by the donee du ring
the lifetime of the donor, shall not be subject to collation.
Legatees or 
creditors cannot demand collation.930. (1) Collation is only due by a descendant, being a co-heir,
to his co-heir as provided in article 913.
(2) Saving the provision of article 938, collation is not due to
any legatee or creditor of the estate, unless the donor shall h ave
otherwise directed.
  212     [CAP. 16.           CIVIL CODE
How collation is 
made.
Substituted by:
XVIII.2004 .99.931. (1) Subject to the provisions of the following sub-articles
collation is made by imputing to the share of the donee the val ue of
the thing at the time of the opening of succession.
(2) Where the donated thing consists of movables consumable
by use or articles of clothing or articles intended for the dom estic
use of the donee, no co llation shall be due.
(3) Where the thing has been alienated by onerous title by the
donee, the value to be collated shall be the consideration rece ived
by the donee for the thing alienated or the value of the thing at the
time of alienation which ever value is higher.
(4) Where the thing has perished by a fortuitous event, without
any fault of the donee and without the donee obtaining any
compensation for the loss of the  thing, no collation shall be m ade.
Cost of 
improvements.932. (1) In all cases the donee shall be allowed the expenses
with which he has improved the immovable, to the extent of the
increase in value produced thereby, regard being had to the tim e of
the collation.
(2) He shall also be allowed the necessary expenses incurred by
him for the preservation of the immovable, even though such
immovable may not have been improved thereby.
(3) The donee shall, on the other hand, be bound to account for
any deterioration caused through his fault, which may havediminished the value of the property.
Where donee 
alienates immovable 
property.933.  Repealed by : XVIII.2004 .100.
Where donation 
exceeds disposable 
portion.934.  If the donor has exempted the donee from the obligation of
collation, and the donation exceed s the disposable  portion, the
collation of the overplus shall be made in accordance with the rules
laid down in article 653.
Right of retention. 935.  Repealed by : XVIII.2004 .100.
Collation of 
movables.936. Repealed by : XVIII.2004 .100.
Collation of 
money.937. Repealed by : XVIII.2004 .100.
Where heir, etc., 
entitled to reserved 
portion demands abatement of gifts 
made to others.
Amended by:XVIII.2004
.101.938. (1) Notwithstanding the provisions of articles 923 and
930, where the donee or legatee en titled to the reserved portio n,
sues for the abatement of any disposition made in favour of adonee, a co-heir, or a legatee even if a stranger, on the groun d that
such disposition exceeds the disp osable portion, he shall imput e to
the reserved portion any donation or legacy made to him, unless  he
shall have been expressly exempted therefrom.
(2) Any such exemption shall not operate to the prejudice of a
prior donee.
(3) Any other thing which, according to the rules laid down in
the foregoing articles, is not subject to collation, shall like wise be
exempted from being brought into account.
CIVIL CODE  [CAP. 16.   
 § V. OF THE PAYMENT OF DEBTS
How co-heirs 
contribute to 
payment of debts.939. (1) The co-heirs shall contribute among themselves to the
payment of the debts of the inheritance in such proportion and
manner as shall have been est ablished by the testator.
(2) Where the deceased has not made a will or has not given
any directions as to the apportionment of the debts, the co-hei rs
shall contribute to the payment of such debts in proportion to their
respective share in  the inheritance.
Each heir is bound 
ratably with 
respect to 
creditors.940. (1) In all cases, with respect t o the creditors, each of the
heirs shall be personally liable for the debts of the inheritan ce, in
proportion to his share.
(2) Nevertheless, where any one of the co-heirs possesses
property charged with a hypothec in security of the debt, he sh all,
with regard to such property, be liable ex hypotheca for the whole,
saving his right of relief a gainst the other co-heirs.
Extent of right of 
relief exercisable against co-heirs by 
heir who pays the 
whole debt.941. (1) A co-heir who, owing to a hypothec, has paid more
than his share of a common debt, cannot seek relief against theother co-heirs beyond the share due personally by each of them,
even though in paying the debt he shall have caused himself to be
subrogated to the righ ts of the creditor.
(2) A co-heir, however, who, by entering upon inventory, has
retained the right of demanding the payment of a debt due to hi m
personally, may, like any other creditor, demand the payment of
such debt, deducting therefrom th e share payable by him as co-h eir.
Insolvency of
co-heir.942.  Where any of the co-heirs is insolvent, his share of the
hypothecary debt shall be apportioned pro rata among all the other
co-heirs.
Separation of 
estates.943.  The creditors of the inheritance, and the legatees may
demand the separation of the estate of the deceased from that o f the
heir as provided in articles 2096 to 2106.
Legatee not liable 
for hereditary debts.944.  The legatee is not bound to pay the debts of the
inheritance; saving in favour o f the creditors the hypothecary
action on the property bequeathed, where competent, and saving
also the exercise of the said be nefit of the separation of esta tes.
Legatee 
discharging debt is 
subrogated to the 
rights of creditor. 945.  The legatee who has paid a debt for which the immovable
bequeathed to him was hypothecate d, shall be subrogated to the
rights of the creditor against the heirs.
  214     [CAP. 16.           CIVIL CODE
§ VI. O F THE EFFECTS OF PARTITION AND OF WARRANTY OF 
SHARES
After partition, co-
heir is deemed to be sole and direct 
successor to 
property comprised in his share.946.  Each co-heir is deemed to have succeeded alone and
directly to all the property comprised in his share, or come to  him
by licitation, and never to have  had the ownership of the other
hereditary property.
Co-heirs are 
mutually warrantors in 
respect of 
molestations and evictions.947. (1) The co-heirs are respectiv ely warrantors towards each
other against molestations and evictions but only if suchmolestations and evictions result from a cause existing previou sly
to the partition.
(2) Such warranty ceases, if t he co-heir suffers eviction
through his own fault.
Warranty may be 
excluded.948.  The co-partitioners may stipul ate that they shall not be
liable to any warranty; and in such case the provisions of arti cles
1411 and 1412 shall apply.
Effects of 
warranty.949. (1) Each of the co-heirs is personally bound, in
proportion to his share of the inheritance, to indemnify his co -heir
for the loss caused by the eviction.
( 2 ) W h e r e  a n y  o f  t h e  c o - h e i r s  i s  i n s o l v e n t ,  t h e  p o r t i o n  f o r
which he is liable shall be apportioned in the proportion state d in
sub-article (1) of this article,  between the warrantee and all the
solvent co-heirs.
Warranty in regard 
to debts.950. (1) The heirs are respectively warrantors towards each
other in regard to the solvency of the debtors of the inheritan ce.
(2) Such warranty shall only be operative during the time
required for the necessary proceed ings for the recovery of the debt. 
Warranty in regard 
to solvency of 
debtor of annuity 
limited to five years.951.  The warranty in regard to the solvency of the debtor of an
annuity shall not last beyond the five years following the part ition.
No warranty 
against insolvency which occurs after 
partition.952.  There shall be no warranty against the insolvency of the
debtor where such insolvency h as occurred after  the partition.
§ VII. O F PARTITIONS MADE BY THE  FATHER, THE MOTHER, OR 
OTHER ASCENDANTS AMONG THEIR DESCENDANTS.
Parents may divide 
their property among their 
children.
Amended by:XXIII.2017.
73.953.  It shall be lawful for the any one of the parents or any
other ascendant to divide and distribute his or her property am ong
his or her children and descendants, including in such partitio n
even the non-disposable portion.
Partition may be 
made by will or by an instrument inter 
vivos.954. (1) Any such partition may be made by an instrument
inter vivos or by a will, with the formalities, and under the
conditions and rules prescrib ed for donations and wills.
CIVIL CODE  [CAP. 16.   
(2) Where such partition is made by an instrument inter vivos ,
it may only include present property.
Property not 
included in 
partition to be divided according 
to law.955.  Where the partition shall not have included all the
property left by the ascendant at the time of his death, such
property as was not included sha ll be divided according to law.
Partition is null if 
not made among 
all the children.956. (1) Any partition which is not made among all the
children existing at the time of the opening of the succession and
the descendants of predeceased children entitled to succeed sha ll be
null in toto.
(2) In any such case, both th e children or descendants who
were not comprised in the partition, as well as those among who m
such partition was made, may  demand a fresh partition.
When partition 
may be impeached.Amended by:
LVIII.1975.5;
XVIII.2004
.102.957.  A partition made by an asce ndant may be impeached if it
is made to appear from such partition or from any otherdispositions made by the ascendant that the reserved portion of  any
one of the persons among whom t he partition of the property was
made has been prejudiced.
Nullity of partition 
does not invalidate 
dispositions.958.  The nullity of the partition shall not operate so as to
invalidate the dispositions in execution of which the partition  has
been made, even though a strang er may have benefited by the act  of
partition.
Added by:
XVI.2015 .6.§ VIII. O F CROSS-BORDER SUCCESSIONS
Interpretation.
Added by:
XVI.2015 .6.958A.  For the purposes of this Sub-title:
"cross-border succession" includ es a succession wherein one or
more of the following may occur:
(a) the deceased held property or assets in more than one
country; or
(b) the deceased was at the time of his death habitually
resident in a country other than the country of which
he was a national; or
(c) the deceased made a disposition of property upon
death in a country other than the country of which hewas a national; or
(d) the beneficiaries of the succession are habitually
resident or are nationals in more than one country;
"European Certificate of Succession" means the certificate
referred to in Chapter VI of the Succession Regulation;
"Succession Regulation" means Regulation (EU) No. 650/2012
of the European Parliament and of the Council of 4 July 2012 on
jurisdiction, applicable law, recognition and enforcement ofdecisions and acceptance and enfo rcement of authentic instrumen ts
  216     [CAP. 16.           CIVIL CODE
in matters of succession and on the creation of a European
Certificate of Succession, includi ng any future amendment to th e
said Regulation.
Applicability.
Added by:
XVI.2015 .6.958B.  The provisions of the Succession Regulation shall apply to
cross-border successions fr om 17 August 2015 onwards.
Competent court.
Added by:
XVI.2015 .6.958C.  (1)  The Civil Court (First Hall) shall be the competent
court to deal with applications  for a declaration of enforceabi lity
pursuant to Articles 45, 60 and 61 of the Succession Regulation .
(2) In its decision on an appli cation for a declaration of
enforceability, the cour t shall order the Registrar of Courts t o cause
a copy of its decision to be served on the applicant pursuant t o
Article 49(1) of the Succession Regulation. The court shall ind icate
the manner in which such  service is to take place.
(3) The applicant shall serve the decision on an application for
a declaration of enf orceability on the part y or parties against  whom
enforcement is sought pursuant to  Article 49(2) of the Successi on
Regulation.
Cap. 12.(4) The competent court in Malta to deal with appeals against
decisions on such applications  in accordance with Article 50 of  the
Succession Regulation shall be the Court of Appeal as constitut ed
in accordance with article 41(1) of the Code of Organization an d
Civil Procedure.
(5) An appeal against a decision o f the Civil Court (First Hall)
on an application for a declaration of enforceability in accord ance
with Article 50 of the Successi on Regulation shall be made by
means of an application and shall be lodged within twenty days
which shall commence to run as follows:
(a)  in the case of an appeal by the applicant, from the date
when the decision is brought to his notice in
accordance with sub-article (2); and
(b) in the case of an appeal by the other party, from the
date when the decision is served upon such party in
accordance with sub-article (3).
Cap. 12. (6) The provisions of Title IV of Book Third of the Code of
Organization and Civil Procedure shall apply to decisions given  by
the Court of Appeal on an appeal from a decision on a declarati on
for enforceability.
Competent 
authorities for the 
issue of a European 
Certificate of Succession.
Added by:
XVI.2015
.6.
Cap. 55.958D.  Without prejudice to the provisions of article 958E(3) and
(4), the competent authorities in Malta to issue a European
Certificate of Succession pursua nt to Article 64 of the Success ion
Regulation shall be the Civil Court (V oluntary Jurisdiction Sec tion)
and notaries having a warrant to  exercise their profession in
accordance with the Notarial Profession and Notarial Archives A ct.
Competence.
Added by:XVI.2015
.6.958E.  (1)  The Civil Court (V oluntary Jurisdiction Section)
shall be competent to issue a Eu ropean Certificate of Successio n in
all cases.
(2) A notary may only issue a European Certificate of
Succession where all the beneficiaries of the succession are in
CIVIL CODE  [CAP. 16.   
agreement on the contents of th e certificate and have expressed
their consent in writing to the notary to proceed with the issu e of
the certificate.
(3) A notary shall not issue a European Certificate of
Succession:
(a) where an application for th e issue of such a certificate
concerning the succession o f the same person has been
made to the Civil Court (V oluntary Jurisdiction
Section) prior to the issue of a certificate;
(b) where the agreement of all the beneficiaries of the
succession in accordance with  sub-article (2) has not
been attained; or
(c) where the notary is aware that there is a dispute
concerning the inheritance or estate or parts of the
estate of the deceased.
(4) In the cases referred to in sub-article (3), the notary or a n
advocate may, on the request of any person referred to in Artic le
63(1) of the Succession Regulation, make an application to the
Civil Court (V oluntary Jurisdiction Section) on behalf of such
person for the issue of a Eur opean Certificate of Succession.
(5) For the purposes of this article, "beneficiaries of the
succession" means the known heirs and legatees of the successio n,
and if any, the testamentary executors.
Registration of 
application.
Added by:
XVI.2015 .6.958F.  Upon receipt of an applicati on for a European Certificate
of Succession in the form prescribed in Article 65 of the Succe ssion
Regulation, the issuing authority shall register the applicatio n with
the Director of the Public Regis try by means of a note of enrol ment
within seven days fr om date of receipt o f the application.
Interested parties.
Added by:XVI.2015
.6.958G.  If it shall appear from the c ontents of the application, or
from the examination, or from the information obtained, that an y
third party is interested in the matter, the issuing authority shall
order the application to be se rved on such interested party.
Examination of 
application.
Added by:XVI.2015
.6.
Cap. 12.958H.  (1)  In examining the application, the Civil Court
(V oluntary Jurisdiction Sectio n) shall have all the powers
mentioned in Part II of Book Second of the Code of Organizationand Civil Procedure.
(2) If the application involves a  foreign law, it shall be lawfu l
for the court to appoint one or more persons who is suitably
qualified on account of his knowledge or experience to produce a
reasoned opinion in writing, to give expert evidence as to the law of
any other foreign state.
Preservation and 
registration of application and 
Certificate.
Added by:XVI.2015
.6.958I. (1)  Every application for a European Certificate of
Succession and every European Certificate of Succession issuedshall be preserved and registered by the issuing authority. The
notary shall also be bound to preserve with the Certificate the
consent in writing mentioned in article 958E(2).
(2) If the application has been  filed before the Civil Court
(V oluntary Jurisdiction Section) , the application and the certi ficate
  218     [CAP. 16.           CIVIL CODE
shall be kept at the R egistry of the Court.
(3) The registration shall be made in the name of the deceased
person whose succession is being determined by means of the
European Certificat e of Succession.
(4) Regular indexes shall also be kept for all applications and
issued certificates.
Certified copies of 
the European 
Certificate of 
Succession.Added by:
XVI.2015
.6.958J.  (1)  The issuing authority shall issue one or more
certified copies of the European  Certificate of Succession to t he
applicant and to any person showing a legitimate interest in th e
succession of the deceased. In a ll cases, the issuing authority  shall
keep a list of the persons to wh om the certified copies have be en
issued. Such list shall be made accessible to any person showin g a
legitimate interest.
(2) The issuing authority shall, within fifteen days from date o f
issue of the Certificate, file a note of enrolment with the Dir ector of
the Public Registry who shall register the European Certificate  of
Succession accordingly.
(3) The note of enrolment shall only contain the date and nature
of the act, the name of the deceas ed, the designation of the is suing
authority and the date of issue of the Certificate.
(4) Any rectification, modification or withdrawal of the
Certificate carried out by the issuing authority shall also be
registered with the Director of the Public Registry by means of  note
of enrolment within fifteen days from the date of rectification ,
modification or withdraw al of the Certificate.
Challenging of 
decision of issuing authority.
Added by:
XVI.2015
.6.
Cap. 12.958K.  (1)  For the purposes of Ar ticle 72 of the Succession
Regulation, decisions of the issuing authority pursuant to Arti cle
67, Article 71 and point (a) of Article 73(1) of the Succession
Regulation may be challenged by means of a sworn application in
the manner contemplated in the Code of Organization and CivilProcedure. The sworn application must be brought before the Civ il
Court (First Hall) which shall be the competent judicial author ity
for this purpose.
(2) The applicant shall cause a copy of the sworn application to
be served on any person having an interest therein, who shall h ave
twenty days within which to file a reply.
( 3 ) A n  a p p e a l  a g a i n s t  a  j u d g m e n t  o f  C i v i l  C o u r t  ( F i r s t  H a l l )
pursuant to sub-article (1) shall be made by means of an applic ation
to the Court of Appeal and shall be lodged within twenty days f rom
the date of judgment.
Cap. 12.(4) The mode of procedure for ap peal as contemplated in the
Code of Organization and Civil Procedure shall, mutatis mutandis ,
apply.
CIVIL CODE  [CAP. 16.   
Title  IIIA
OF TRUSTS AND THEIR EFFECTS
Trusts and 
applicable rules.
Added by:XIII.2004
.39.
Re-numbered by:
XVI.2015 .5.958L.  (1) Property under trusts shall be regulated by the special
law on trusts and to the extent applicable, the rules of this C ode
relating to trusts.
Transactions 
relating to property 
in trusts.(2) ( a) Transactions relating to property including -
(i) the settlement of property under trusts, even
when effected by unilateral declaration or
resulting from a judgement or order of a court;
(ii) the distribution, appli cation, or advancement of
property by a trust ee to a beneficiary;
(iii) the reversion of proper ty to a settlor or his estate
when a trust fails  or is terminated;
(iv) the assignment, vesting or transfer of property
u n d e r  t r u s t s  f r o m  a  t r u s t e e  t o  a n o t h e r  t r u s t e eunder the same trusts,
shall be subject to the special laws relating to trusts
and their effects when suc h transactions arise by
operation of law or are carried out in the form andmanner required by applicable law.
(b) When such transactions are intended to transfer the
ownership or other rights to or in property from one
person to another, such transactions shall comply withall applicable requirements for the transfer of
ownership of such property, including the provisions
of article 996 when applicable, and when so carriedout shall -
(i) be effective modes of transfer of ownership or
other rights to or in such property;
(ii) result in the creation or termination of legally
enforceable interests in or to such property infavour of such persons as provided by the
special laws relating to trusts; and
(iii) be operative against third parties.
(c) The sole consideration for the validity of such
transactions may be the imposition or assumption, theperformance, or the termination, as the case may be, of
legally enforceable obligat ions on or by a trustee in
relation to such property.
Disposition by 
trustees of property.
Amended by:
XIII.2007
.3.(3) A trustee may validly dispose of and transfer trust property
to third parties notwithstanding any right of reserved portion
arising out of the application of articles 615 to 653 and the o ther
provisions of this Code relating to reduction of trust property .
  220     [CAP. 16.           CIVIL CODE
Statutory trust in 
favour of the 
person entitled to 
the reserved portion making 
claim.
Amended by:XIII.2007
.3.(4) In any case where, after the d eath of the settlor, the trust ee
is formally notified of a clai m for the reserved portion in
circumstances where trust property is to be sold, the trustee s hall
hold on trust for the benefit of any claimant of such right a s um in
money based on the net transfer v alue of the property at the ti me of
transfer until the claim for the  reserved portion is determined  or
otherwise lapses.
(5) If trust property subject to a claim for the reserved portio n
or, where it has been sold, the proceeds thereof, have already been
distributed to any beneficiary, the person entitled to the rese rved
portion claim may be made against such beneficiary as though he
were an heir, legatee or donee as  the case may be, and if there
remains any property under such trusts, proportionately between
the trust property a nd the beneficiary.
Trustee to hold for 
the person entitled 
to the reserved portion for five 
years.
Amended by:XIII.2007.3.(6) The trustee’s obligation to retain the value as stated in su b-
article (4) shall operate for a peremptory period of five years  from
the date of death of the decujus . This shall not prejudice the right of
any claimant with respect to other property forming part of the
inheritance but not settled in trust.
Limitation on 
rights of enjoyment of benefit.
Added by:
XIII.2004
.39.
Amended by:
XIII.2007 .7.
Re-numbered by:XVI.2015
.5.958M . (1) Trusts for the benefit of a person who is not capable
of receiving property, whether by testamentary disposition ordonation, under the provisions of this Code, absolutely or more
than as permitted by this Code, are subject to reduction in ful l or
for the excess in accord ance with this article:
Provided that in case of members of monastic orders or
religious corporations of regular s the provisions of article 61 1 shall
apply to trusts in fa vour of such persons mutatis mutandis .
Reduction of 
settlements.Cap. 331.(2) Subject to the provisions of article 6B of the Trusts and
Trustees Act , except in cases where the trustee exercises a power of
variation or otherwise acts so as to be in conformity with the
provisions of this Code, trust se ttlements shall be reduced to the
portion permitted by law if at the time of the opening of succe ssion
of the settlor they are found to exceed the disposable portion of his
estate:
Provided that when trust pro perty is reduced, the excess
property shall be held by the trustee absolutely for the heirs of the
settlor or for the benefit of the person entitled thereto as th e case
may be.
(3) When the beneficiary entitled to property which is in excess
of what is permissible at law is a spouse of the settlor, such excess
property shall be held under sep arate trust for use and enjoyme nt of
fruits for the lifetime of such spouse and subject to the terms  of the
trust, thereafter for the heirs of the settlor absolutely.
(4) The rules laid down in article 621 and in articles 647 to
653, relating to the reduction of testamentary dispositions, sh all be
observed with regard to the redu ction of trust settlements, sub ject
to the provisions of this Title.
(5) The reduction of a settlement can only be demanded by
those for whose benefit the law has reserved a portion of the
CIVIL CODE  [CAP. 16.   
property of the deceased, and by their heirs or other persons
claiming under them and -
(a) saving article 1240, such persons cannot waive such
right during the lifetime of the settlor, whether by an
express declaration or by consenting to suchsettlements;
(b) donees, legatees or creditors of the deceased cannot
demand the reduction of set tlements or benefit by it;
(c) trusts forming part of a commercial transaction cannot
be reduced in any manner until the completion of thecommercial transaction, a fter which the residual
property shall be subject to the rules stated in this
article.
Benefit of 
discussion of other property.(6) No reduction of settlements can take place until the value o f
all the property disposed of under any will has been exhausted and
when such reduction takes place, it shall be made commencing wi th
the last settlement and so on successively, from the last to th e
previous settlements.
(7) The right arising upon a reduction of trust property is to
receive value and there shall be no right to resti tution of pro perty in
kind.
(8) To the extent not already distributed prior to notice of a
claim, the trustee shall restore the fruits of such part of the
settlement which exceeds the disposable portion from the day ofthe opening of succession of the settlor if the action for redu ction
has been brought within the year, otherwise from the day of the
demand. In the case referred to in article 958A(4), the claiman t
shall be entitled to interest on the value retained for his ben efit at
the rate paid by banks on savings  accounts from the date of the
notification of his claim on the trustee or from the date of re ceipt of
proceeds by the t rustee whichever is the later.
Effects of claim for 
the reserved portion.
Amended by:
XIII.2007
.3, 7.
Cap. 331.(9) Saving the provisions of the Trusts and Trustees Act , unless
the terms of the trust exp ressly exclude such effects:
(a) a person claiming the reserved portion from a trustee,
the heirs or any other person, in relation to propertysettled in trust, shall lose any benefit under the trust;
and
(b) the provisions of article 620(4) shall apply in relation
to any gains received under the terms of the trust.
(10) Where the benefit to the beneficiary consists in the use an d
enjoyment of property and the en joyment of fruit s therefrom or a
life annuity and it appears that the value of the trust fund ex ceeds
the disposable portion of the estate of the settlor, the person s
entitled to the reserved po rtion may claim either -
(a) the reserved portion and lose all benefits under the
trust and any will, if any; or
(b) receive from the trustee after the death of the said
beneficiary and notwithstand ing any terms of the trust,
an amount equal to the said reserved portion and
  222     [CAP. 16.           CIVIL CODE
interest at 5% per annum, without compounding, up to
the value of the trust property remaining on such event
and in such case shall not be entitled to any benefitsunder the will or the trust. Any further remainder of
trust property shall thereafter be applied according to
the terms of the trust; or
(c) opt not to claim and enjoy all benefits under any trust
and any will.
(11) When, in the case contem plated in the preceding sub-
article, the beneficiary is subj ect to a mental or physical dis ability
which renders him incapable of sustaining himself, if it appear s to
the trustee that the trust prope rty is not susceptible of divis ion, sale
or reduction to fulfil the claims of a person entitled to the r eserved
portion in terms of sub-article (10)( a) without materially
prejudicing the interests of the said beneficiary, the trustee may
apply to the Court and the Court may order that the property no t be
sold, divided or reduced until the death of the said beneficiar y.
Furthermore, and in such case -
(a) the beneficiary shall not be entitled to demand the
reduction of the trust settled in his favour and claimthe reserved portion from th e trustee or from the heirs
or any other person except th at if the property settled
in trust is not equal to or more than the reservedportion, such person may request against any person
other than the trustee that the sum due to him by way
of reserved portion be placed  under the trust settled in
his favour; and
(b) any other person entitled to the reserved portion shall
be entitled to apply sub-article (10)( b) at the time of
death of the beneficiary unless he had opted as stated
in sub-article (10)( c) within five years of the death of
the settlor; and
(c) the trustee shall be deemed to have the power and legal
interest to pursue any claim for the reserved portion
due to the beneficiary again st any other person and to
receive any sum due into the trust established for thepurposes of this sub-article.
(12) The persons entitled to the reserved portion may choose any
of the above options by notice in writing to the trustee and to  the
other heirs or executors of the estate.
Prescription. (13) The action for reduction, whe ther against trustees or again st
third parties, shall be barred b y the prescription on the lapse  of five
years to be reckoned f rom the day of the o pening of the success ion.
The aforesaid time shall also run against minors and personsinterdicted and shall not be capable of suspension or interrupt ion
by judicial act or otherwise.
(14) The settlement and holding of property under trusts shall
not be considered to be in breach  of the mandatory provisions o f
law relating to the reserved portion of any person if the trust  is to
hold property:
CIVIL CODE  [CAP. 16.   
(a) temporarily and unconditionally for a person entitled
thereto under fix ed trusts; or
(b) until a calculation is made to establish the reserved
portion and thereafter to hold the same under fixedtrust for or to distribute the said reserved portion to the
person entitled thereto; or
(c) for a person who suffers from a mental or physical
disability in terms of sub-article (11).
Persons unworthy 
of receiving under 
trusts.Added by:
XIII.2004
.39.
Re-numbered by:XVI.2015
.5.958N.  (1) The provisions of article 605 shall apply to trusts in
the same manner as it applies to wills, and on the events
contemplated therein, trusts in favour of such a person shall b e
subject to termination on the demand of the trustee or any
interested person.
Cap. 331.(2) Notwithstanding that a trust may have been settled without
the reservation of the right of revocation or variation, a sett lor may
demand the variation of the terms of trust on the grounds speci fied
in article 1787 and the provisions of articles 1788 and 1790 of  this
Code and those of article 15 of the Trusts and Trustees Act  shall
apply.
Application of 
rules to donations 
and settlements.
Added by:XIII.2004
.39.
Re-numbered by:
XVI.2015 .5.958O.  When there exist both donations and settlements, for
purposes of determining the order of transactions and other mat ters
for the purpose of  reduction of -
(a) donations in terms of Sub-title VI of Title XIV of Part
II of Book Second, and
(b) of settlements in terms of this Title,
donations and settlements shall be treated as forming part of t he
same type of transactions and they shall be subject to reductio n
commencing with the latest in date unless the settlor/donor hasexpressly stated an order he wis hes to be applied for such purp ose.
Trust property 
subject to 
collation.
Added by:XIII.2004
.39.
Amended by:
XIII.2007 .3.
Re-numbered by:
XVI.2015 .5.958P.  For the purposes of the calculation of the value of an
estate for any purposes of this C ode, including for the benefit  of a
claimant of a reserved portion a nd of an heir for the purposes of
collation amongst co-heirs, any settlement of property under tr ust
shall also be included in the estate:
P r o v i d e d  t h a t  t h e  s e t t l o r  o f  p r o p e r t y  i n  t r u s t  m a y  e x e m p t
such settlement from collation in terms of article 914:
Provided further that if the property settled in trust for the
benefit of an heir is collated in the interest of the other co- heirs,
such property as has been collate d shall thereafter be held by the
trustee under separate trust abs olutely for the benefit of such  heir.
Trustees and 
testamentary 
executors.Added by:
XIII.2004
.39.
Re-numbered by:XVI.2015
.5.958Q.  (1) A trustee appointed in terms of a testamentary trust
shall not be considered to be a testamentary executor and the
provisions of articles 762 to 77 8 shall not apply to testamenta ry
trustees.
(2) When a person is appointed as trustee and also as an
executor, such executorship shall be regulated in terms of this  Code
until such time as the executorship is fulfilled upon the deliv ery or
  224     [CAP. 16.           CIVIL CODE
registration of any relevant asse ts to or in the name of the tr ustee.
Property in Malta, 
Maltese or foreign trust, foreign 
domiciliary.
Added by:XIII.2004
.39.
Amended by:
XIII.2007 .3.
Re-numbered by:
XVI.2015 .5.958R.  (1) Where movable or immovable property situated in
Malta has been settled in trust, under the laws of Malta orotherwise, by a person who is not domiciled in Malta at the tim e of
settlement -
(a) such person shall be deemed to have had capacity to do
so if at the time of such transfer or disposition he was
of full age and sound mind under the law of hisdomicile and the law of Malta; and
(b) no provision in this Code relating to inheritance or
succession to such property including, but without
prejudice to the generality of the foregoing, rights to areserved portion or similar rights applicable under this
Code shall apply to such trust property, at such time or
subsequently; and
(c) the beneficiaries shall be deemed to have capacity to
benefit.
(2) Once property has been settled in trust it shall not be
affected by a change of domicile of the settlor, even if the se ttlor
subsequently becomes domiciled in Malta.
(3) For the purposes of this article ''reserved portion'' means the
legal rule restricting the right  of a person to dispose of his property
during his lifetime so as to preserve such property for distrib ution
at his death, or hav ing similar effect.
Non-applicability 
of right of 
redemption.
Added by:XIII.2004
.39.
Re-numbered by:
XVI.2015 .5.958S.  The right of redemption as provided for in article 912 shall
not apply when the transfer of the undivided share of an inheri tance
shall consist of a settlement of such right under trusts, the
beneficiaries of which are the s ettlor himself, his heirs or th e other
heirs of the estate or a distribution or reversion thereof to s uch
persons.
Limitation of 
applicability of 
articles 1000 and 1001.
Added by:
XIII.2004
.39.
Re-numbered by:
XVI.2015 .5.958T.  The provisions of articles 1000 and 1001 shall not be
interpreted as creating any limitation on the power of any pers on to
settle a trust or a person to accept to act as trustee under a trust for
the benefit of a beneficiary, on the binding nature and effect of any
trust or on the enforceablility of such rights as arise under a  trust by
a beneficiary.
Non-applicability 
of article 1483.
Added by:
XIII.2004 .39.
Re-numbered by:
XVI.2015 .5.958U.  The right of a debtor of a litigious right in terms of article
1483 shall not arise when the se ttlement involves the assignmen t of
a litigious right under trusts for the benefit of the creditor or
creditors who have assigned the debt.
Title  IV
OF OBLIGATIONS IN GENERAL
Sources of 
obligations.959.  Obligations which are not created by the mere operation of
law, arise from contracts, quasi -contracts, torts, or quasi-tor ts.
CIVIL CODE  [CAP. 16.   
Sub-title I
OF CONTRACTS
Definition of 
contract.960.  A contract is an agreement or an accord between two or
more persons by which an obligation is created, regulated, or
dissolved.
Contract may be 
bilateral or 
unilateral, 961. (1) A  contract is synallagmatic or bilateral when the
contracting parties bind themselves mutually the one towards th e
other.
(2) It is unilateral when one or more persons bind themselves
towards one or more other persons without there being anyobligation on the part of the latter.
onerous or 
gratuitous,962. (1) When each of the parties u ndertakes an obligation, the
contract is termed onerous.
(2) When one of the parties gratuitously procures an advantage
to the other, the contract is termed gratuitous.
commutative, 963.  A contract is commutative, when each party binds himself
to give or to do a thing which is considered as the equivalent of that
which is given to or done for him.
aleatory. 964.  When the advantage or loss, whether to both parties or one
of them, depends on an uncertain event, t he contract is aleator y.
Rules governing 
contracts.965.  Contracts, whether they have a special denomination or
not, shall be governed by the general rules contained in this T itle
saving such special rules as apply to certain contracts.
§ I. OF THE CONDITIONS ESSENTIAL TO THE VALIDITY OF 
CONTRACTS
Requisites of 
contracts.966.  The following are the conditions essential to the validity
of a contract:
(a) capacity of the parties to contract;
(b) the consent of the par ty who binds himself;
(c) a certain thing which constitutes the subject-matter of
the contract;
(d) a lawful consideration.
OF THE CAPACITY OF CONTRACTING PARTIES
Capacity of parties. 
Amended by: 
XLVI.1973.65.967. (1) All persons not being under a legal disability are
capable of contracting.
(2) The disability of persons sentenced to any punishment
  226     [CAP. 16.           CIVIL CODE
whatsoever is abolished.
(3) The following persons are incapable of contracting, in the
cases specified by law:
(a)m i n o r s ;
(b) persons interdicted  or incapacitated; and
(c) generally, all those to whom the law forbids certain
contracts.
Persons not having 
the use of reason.968.  Any contract entered into by a person who has not the use
of reason, or is under the a ge of seven years is null.
Persons who have 
not attained the age 
of fourteen years. 
Amended by: XXXVII.1975.23.969. (1) Any obligation entered into by a child under the age
of fourteen years is also null.
(2) Nevertheless, where the child has attained the age of nine
years, the agreement shall be val id in so far as it relates to the
obligations entered into by any  other person in his favour.
Persons who have 
attained the age of 
fourteen years but 
have not attained the age of eighteen 
years, if subject to 
parental authority, etc.,
Amended by: 
XXI.1993
.2.970.  The provisions of the last p receding article shall also
apply with regard to any person who has attained the age of
fourteen years, but has not attained the age of eighteen years,  if
such person is subject to parental authority, or is provided wi th a
curator, saving always any other provision of law relating to
marriage.
if not subject to 
parental authority. 
Amended by: XXI.1993
.2. 
Cap. 13.971. (1) Subject to any other provision contained in the
Commercial Code , any minor who has attained the age of fourteen
years, and is not subject to parental authority, nor provided w ith a
curator, may not alienate or h ypothecate his immovable property
without the authority of the competent court.
(2) Such minor may, however, enter into other obligations,
saving, in regard to such obligations, any rescissory action wh ich,
on the ground of lesion, may be competent to him under the
provisions of articles 1214 to 1219.
Child over sixteen 
years may open 
and operate bank 
account. Added by: 
XXI.1993
.76.971A. Notwithstanding any provision of this Code, a child who
has attained the age of sixteen years may deposit money in an
account opened by the child in his or her own name with any ban k,
and any money deposited in any such account may only bewithdrawn by such child notwithstanding that such money may be
subject to the administration, usufruct or authority of any oth er
person. For all purposes of law the child shall with regard to the
opening and operation of any such account be considered a major .
Persons 
interdicted. 
Cap. 12.972.  The disability of persons inter dicted is either general in
regard to all agreements, or sp ecial in regard to certain agree ments
only, as provided in Title IV of  Part II of Book Second of the Code
of Organization an d Civil Procedure .
Nullity may not be 
set up by person 
capable of contracting.973.  Persons capable of contractin g may not set up the nullity
of the contract on the ground of the disability of those with w hom
they have contracted.
CIVIL CODE  [CAP. 16.   
OF CONSENT
Consent. 974.  Where consent has been given  by error, or extorted by
violence or procured by fraud, it shall not be valid.
Error of law. 975.  An error of law shall not voi d the contract unless it was
the sole or principal inducement thereof.
Error of fact. 976. (1) An error of fact shall not void the contract unless it
affects the substance itself of t he thing which is the subject- matter
of the agreement.
(2) The agreement shall not be void if the error relates solely to
the person with whom the agreem ent has been made, unless the
consideration of the person has been the principal inducement
thereof.
Violence. 977. (1) The use of violence against the obligor is a cause of
nullity, even if such violence is  practised by a person other t han the
obligee.
(2) Nevertheless, an obligation entered into in favour of a
person not being an accessory to the use of violence, in
consideration of services rendere d for freeing the obligor from
violence practised by a third party, may not be avoided on theground of such violence; saving the reduction of the sum or thi ng
promised, where such sum  or thing is excessive.
When consent is 
considered 
extorted by 
violence.978. (1) Consent shall be deemed to be extorted by violence
when the violence is such as to produce an impression on a
reasonable person and to create in such person the fear of havi ng
his person or property unjustly  exposed to serious injury.
(2) In such cases, the age, the  sex and the condition of the
person shall be taken into account.
Where violence is 
practised on spouse, etc., of 
contracting party.979. (1) Violence is a ground of nullity of a contract even
where the threat is directed aga inst the person or the property  of the
spouse, or of a descendant or an a scendant of the contracting p arty.
(2) Where the threat is directed against the person or property
of other persons, it shall be in the discretion of the court, a ccording
to the circumstances of the case, to void the contract or to af firm its
validity.
Reverential fear.
Amended by:
XXIII.2017. 74.980.  Mere reverential fear towards any one of the parents or
other ascendants or towards one’s spouse, shall not be sufficie nt to
invalidate a contract, if no violence has been used.
Fraud. 981. (1) Fraud shall be a cause of nullity of the agreement
when the artifices practised by one of the parties were such th at
without them the other party would not have contracted.
(2) Fraud is not presumed but must be proved.
  228     [CAP. 16.           CIVIL CODE
OF THE SUBJECT-MATTER OF CONTRACTS
Subject-matter of 
contracts.982. (1) Every contract has for its s ubject-matter a thing which
one of the contracting parties bi nds himself to give, or to do,  or not
to do.
(2) Only the things that are not extra commercium can be the
subject of an agreement.
(3) The mere use or the mere possession of a thing can like the
thing itself, be the subject of a contract.
Subject of 
obligation must be 
a determinate thing.983. (1) The subject of an obligation must be a thing
determinate, at leas t as to its species.
(2) The portion or quantity of the thing may be uncertain,
provided it is capable  of being ascertained.
Future things may 
be the subject of 
contracts. 984. (1) Future things can form the subject of a contract.
(2) Nevertheless, it shall not be lawful to renounce a
succession not yet devolved, or to make any stipulation with re gard
to any such succession, whether w ith the person whose successio n
is concerned, or with any other person, even though with the
consent of the former; saving an y other provision of the law in
regard to any renunciation or stipulation made in contemplation  of
marriage, or upon the taking of religious vows.
Impossible or 
illegal things.985.  Things which are impossible, or prohibited by law, or
contrary to morality, or to public policy, may not be the subje ct-
matter of a contract.
Champerty. 
Amended by: 
XXXIX.1961.2; VI.1983
.2.986. (1) Stipulations quotae litis  are void.
Excess of rate of 
interest.(2) Saving the provisions of article 1852 and of any other
provision of this Code or of any other law, any obligation to p ay a
rate of interest ex ceeding eight per cent per annum  is also void in
regard to the excess.
OF THE CONSIDERATION OF CONTRACTS
Want or illegality 
of consideration.987.  An obligation without a consideration, or founded on a
false or an unlawful consider ation, shall have no effect.
Consideration may 
be proved although 
it is not stated.988.  The agreement shall, nevertheles s, be valid, if it is made to
appear that such agreement was founded on a sufficient
consideration, even though such  consideration was not stated.
Where stated 
consideration is false.989.  Where the consideration stat ed is false, the agreement
may, nevertheless, be upheld, if another c onsideration is prove d. 
Unlawful 
consideration.990.  The consideration is unlawful if it is prohibited by law or
contrary to morality or to public policy.
CIVIL CODE  [CAP. 16.   
Where 
consideration is 
unlawful in regard 
to obligee or to both the obligor 
and the obligee.991. (1) Where the consideration for which a thing has been
promised is unlawful only in reg ard to the obligee, any thing w hich
may have been given for the performance of the contract, may be
recovered.
(2) If the consideration is unlawful in regard to both
contracting parties neither of them, unless he is a minor, mayrecover the thing which he may have given to the other party,
saving the provision of article 1716.
§ II. O F THE EFFECTS OF CONTRACTS
Effects of 
contracts.992. (1) Contracts legally entered into shall have the force of
law for the contracting parties.
(2) They may only be revoked by mutual consent of the parties,
or on grounds allowed by law.
Contracts to be 
carried out in good 
faith.993.  Contracts must be carried out in good faith, and shall be
binding not only in regard to the matter therein expressed, but  also
in regard to any consequence which, by equity, custom, or law, is
incidental to the obligati on, according to  its nature.
Effects of contract 
where thing 
alienated is certain 
and determinate.994.  Where the subject-matter of a  contract is the alienation of
the ownership, or of any other right over a certain and determi nate
thing, such ownership or other right is transferred and acquire d in
virtue of the consent of the parties, and the thing remains at the risk
of the alienee, even though the delivery thereof has not taken place.
Where thing 
alienated is uncertain or 
indeterminate.995. (1) Where the subject-matter of the contract is an
uncertain or indeterminate thing,  the creditor does not become the
owner of such thing until it has become certain, or the debtor has
specified it, and has given notice to the creditor that he has
specified it.
(2) Until the thing has become certain or has been specified, it
remains at the ris k of the debtor.
Effects of contracts 
in regard to third parties.996. (1) Nevertheless, with regard t o third parties any contract
conveying the ownership of immovable property, or any right ove r
such property, shall, in no case, commence to be operative unti l it
has been registered in the Office of the Public Registry, as pr ovided
in article 330.
(2) Where the alienation is made by judicial auction the note
for the registration shall be signed by the registrar of the co urt
under the authority of which the adjudication of the thing shal l
have taken place.
Where a movable 
thing is promised, 
by successive 
agreements, to two or more persons.997.  Where the thing which a person has by successive
agreements undertaken to give or  deliver to two or more persons  is
movable by nature, or a document of title payable to bearer, th e
person to whom the thing is delivered, and who obtains it in go od
faith, shall have a prior right over the other or others and sh all be
entitled to retain it, even though his title is subsequent in d ate.
  230     [CAP. 16.           CIVIL CODE
Contracting party 
is presumed to 
stipulate for 
himself, his heirs, etc. 998.  Every person shall be deemed to have promised or
stipulated for himself , for his heirs and for the persons claim ing
through or under him, unless the contrary is expressly establis hed
by law, or agreed upon between th e parties, or appears from the
nature of the agreement.
Person contracting 
in his own name 
cannot bind any 
one but himself,999. (1) A person cannot by a contract entered into in his own
name bind or stipulate for any one but himself.
but can bind 
himself to 
performance by third party.(2) Nevertheless, a person can bind himself in favour of
another person, to the performance of an obligation by a third
party; but in any such case if t he third party refuses to perfo rm the
obligation, the person who bound himself or promised the
ratification shall only be liable to the payment of an indemnit y.
When person may 
stipulate for the 
benefit of a third 
party.1000. It shall also be lawful for a person to stipulate for the
benefit of a third party, when such stipulation constitutes the  mode
or condition of a stipulation made by him for his own benefit, or of
a donation or grant made by him to others; and the person who h as
made any such stipulation may not revoke it, if the third party  has
signified his intention to avail himself thereof.
Contracts to be 
operative only as 
between contracting parties.1001. Contracts shall only be operative as between the
contracting parties, and shall not be of prejudice or advantage  to
third parties except in the  cases established by law.
§ III. O F THE INTERPRETATION OF CONTRACTS
No interpretation 
where meaning of words is clear.1002. Where, by giving to the words of an agreement the
meaning attached to them by usag e at the time of the agreement,  the
terms of such agreement are clear, there shall be no room for
interpretation.
Where literal 
meaning differs 
from intention of parties.1003. Where the literal meaning  differs from the common
intention of the parties as clearly evidenced by the whole of t he
agreement, preference shall be g iven to the intention of the pa rties.
When clause is 
susceptible of two meanings. 1004. When a clause is susceptible of two meanings, it must be
construed in the meaning in whi ch it can have some effect rathe r
than in that in whic h it can produce none.
Words susceptible 
of two meanings.1005. Words susceptible of two mean ings shall be taken in the
meaning which is more consistent  with the subject-matter of the
contract.
Ambiguity. 1006. Whatever is ambiguous shall be interpreted according to
the usage of the p lace where the contract is made.
Customary clauses. 1007. Customary clauses shall be  deemed to be included in a
contract, even though they are not expressed.
Clauses to be 
interpreted with 
reference to one another.1008. All the clauses of a contract shall be interpreted with
reference to one another, givi ng to each clause the meaning
resulting from the w hole instrument.
Doubtful cases. 1009. In case of doubt, the agreemen t shall be interpreted against
CIVIL CODE  [CAP. 16.   
the obligee and in favour of the obligor.
General terms. 1010. However general may be the terms in which a contract is
worded, it shall only extend to the things which the parties ap pear
to have intended to deal with.
When a case is 
specified for the 
purpose of 
explaining an agreement.1011.  Where in a contract a case has been specified for the
purpose of explaining an agreement, it shall not be presumed th at
the parties, by so doing, intended to exclude other cases not
specified, if such other cases m ay reasonably be construed as b eing
within the scope of the agreement.
Sub-title II
OF QUASI-CONTRACTS, TORTS AND QUASI-TORTS
§ I. OF QUASI-CONTRACTS
Definition. 1012. A quasi-contract is a lawful and voluntary act which
creates an obligation towards a third party, or a reciprocal
obligation between the parties.
Duties of 
negotiorum gestor.1013. Where a person, being of age  and capable of contracting,
voluntarily undertakes the management of the affairs of anotherperson, he shall be bound to continue the management which he h as
begun and to carry it out until the person on whose behalf he h as
acted is in a position to take charge of such management himsel f,
and to do everything which is incidental to or dependent upon t hose
affairs, and he shall be liable to all the obligations which wo uld
arise from a mandate.
Death of interested 
party before 
completion of business.1014. Where the person on whose behalf the voluntary agent has
acted dies before the business is completed, such agent shall b e
bound to continue the management of the business until such tim e
as the heir is in a position to provide for it himself.
Standard of 
diligence.1015. The voluntary agent shall be bound to use in the
management of the business all the diligence of a bonus
paterfamilias.
Cases where higher 
standard of 
diligence is 
required.1016.  The provisions of the last  preceding article shall be
applied with greater strictn ess in the following cases:
(a) where the agent has intermeddled with the business,
notwithstanding the prohibition of the party interested;
(b) where, by reason of his intermeddling, the business
was not undertaken by a more competent person;
(c) where the agent himself did not possess the requisite
skill.
Power of court to 
mitigate damages. 1017. It shall, in all cases, be lawful for the court to mitigate the
damages arising from the imprudence or negligence of the agent,
having regard to the circumstan ces which may have induced him t o
undertake the business.
Duties of party 
interested.1018. If the business was well managed, the party interested
shall, even though the management may have accidentally failed to
  232     [CAP. 16.           CIVIL CODE
benefit him, be bound to perform the obligations contracted on his
behalf by the agent, to indemnify the said agent in regard to a ny
obligation he may have contracted in his own name, and toreimburse to him any necessary or  useful expenses, with interes t
from the day on which they shall have been incurred.
Where agent 
believed that he 
was managing his 
own affairs.1019. Nevertheless, where the agent was under the impression
that he was managing his own affairs, he shall not be entitled to any
indemnity beyond the benefit whic h the party interested may hav e
actually derived.
Agent not entitled 
to indemnity if he acts against 
prohibition of 
interested party.1020. Where a person has intermeddled with the affairs of
another person against the express prohibition of such other pe rson,
he shall not be entitled to any indemnity.
Restoration of 
thing received 
without being due.1021. A person who receives, wheth er knowingly or by mistake,
a thing which is not due to him under any civil or natural
obligation, shall be bound to restore it to the person from who m he
has unduly received it.
Where debt is paid 
by mistake.1022.  (1)  Where any person pays  a debt under a mistaken
belief that such debt is due by him, he may recover from thecreditor the debt so paid.
(2) Such right of recovery, however, ceases if, in consequence
of the payment, the creditor has, in good faith, deprived himse lf of
the proof of, or the security a ttached to the de bt, saving the right of
the payer against the true debtor.
Restoration of 
capital and interest if payee was in bad 
faith.1023. (1) Any person who has unduly received the payment of
a sum of money, shall, if he was in bad faith, be bound to rest ore
both the capital and the interes t thereon as from the day of th e
payment.
(2) Where, however, he was in good faith, he shall only be
bound to restore the capital.
Restoration of 
thing unduly 
received.1024. Any person who has unduly recei ved any thing, other than
money, which is still in his possession, shall be bound to rest ore it
in kind to the party fro m whom he r eceived it.
Where thing 
unduly received is 
no longer in the possession of the 
party receiving it.1025. (1) If the thing is not in his possession, or has
deteriorated, he shall, if he r eceived it in bad faith, be liab le to the
same obligations as, under articles 556 and 557 are imposed on a
possessor in bad faith.
(2) If he received the thing in good faith, he shall be bound to
restore the value thereof or, as  the case may be, to make good the
deterioration, but only up to the amount of any benefit which, as a
result of the alienation or deterioration of the thing, he may have
derived; and where he has not yet received the subject of the
benefit derived from such alienation or deterioration, he shall  only
be bound to assign his right of action for the recovery thereof .
(3) He is not bound to restore the value of the thing if he has
lost, given or destroyed it.
CIVIL CODE  [CAP. 16.   
Applicability of 
ss.540 to 545 and 
547.1026. (1) The provisions of articles 540 to 545 and 547 shall
apply to any person who has undu ly received a thing, according as
to whether he has received it in good or i n bad faith.
(2) The provisions of articles 548, 549 and 550 shall apply to
any such person in all cases.
Limitation of 
action for recovery 
of what has been unduly given.1027. The action for the recovery o f that which may have been
unduly given, unless prescribed under any of the provisions
contained in the title relating to prescription, shall be presc ribed by
the lapse of two years from the day on which the person to whom
the action is competent shall  have discovered the mistake.
Payer by mistake 
cannot recover 
from third party.1028. Any person who has given a thing by mistake cannot
recover it from a third party to whom it was, under any title
whatsoever, transfer red by the party who had received it.
Enrichment to the 
detriment of 
others.
Actio de in rem 
verso .
Added by:XIII.2007
.13.1028A.  (1) Whosoever, without a jus t cause, enriches himself to
the detriment of others shall, t o the limits of such enrichment ,
reimburse and compensate any pat rimonial loss which such other
person may have suffered.
(2) If the enrichment constitut ed a determinate object, the
recipient is bound to return the object in kind, if such object  is still
in existence at the time of the claim.
Where the actio de 
in rem verso  may 
not be exercised.
Added by:XIII.2007
.13.1028B.  The actio de in rem verso  may not be exercised where the
person who suffers the loss may take another action to make up for
such loss.
§ II. O F TORTS AND QUASI-TORTS
Fortuitous damage. 1029. Any damage which is produced by a fortuitous event, or in
consequence of an irresistible f orce, shall, in the absence of an
express provision of the law to th e contrary, be borne by the p arty
on whose person or propert y such damage occurs.
Proper use of one’s 
right.1030. Any person who makes use, within the proper limits, of a
right competent to him, shall not  be liable for any damage whic h
may result therefrom.
Liability for 
damage caused 
through one’s fault.1031. Every person, however, shall be liable for the damage
which occurs through his fault.
When a person is 
deemed to be in 
fault.1032. (1) A person shall be deemed to be in fault if, in his own
acts, he does not use the prude nce, diligence, and attention of  a
bonus  paterfamilias.
(2) No person shall, in the absence of an express provision of
the law, be liable for any dam age caused by want of prudence,
diligence, or attention in a higher degree.
Culpable 
negligence.1033. Any person who, with or without intent to injure,
voluntarily or through negligence, imprudence, or want ofattention, is guilty of any act or omission constituting a brea ch of
the duty imposed by law, shall be liable for any damage resulti ng
  234     [CAP. 16.           CIVIL CODE
therefrom.
Liability of person 
having charge of minor or person 
with a mental 
disorder or other condition, which 
renders him 
incapable of managing his own 
affairs.
Substituted by:II.2012
.17.1034. Any person having the charge of a minor, or of a person with a
mental disorder or other condition, which renders him incapable  of
managing his own affairs, shall b e liable for any damage caused  by such
minor or such person, if he fails to exercise the care of a bonus
paterfamilias in order to pr event the act.
Damage caused by 
children under nine years, etc. 
Amended by:
II.2012
.18.1035. Persons with a mental disorder or other condition, which
renders them incapable of managing their own affairs, children under
nine years of age, and, unless it  is proved that they have acte d with
a mischievous discretion, children who have not attained the ag e of
fourteen years, shall not be bound to make good the damage caus ed
by them; saving, where competent, any action of the party injur ed
against such persons as may be liable for such damage, under th e
provisions of the la st preceding article.
Power of court to 
order damage to be made good out of 
property of minor, 
etc.Amended by:
II.2012
.19.1036. Nevertheless, where the party injured cannot recover
damages from such other persons, because they are not liable orbecause they have no means, and t he said party has not, by his own
negligence, want of attention, o r imprudence, given occasion to  the
damage, the court may, having regard to the circumstances of th e
case, and particularly to the means of the party causing the da mage
and of the injured party, order t he damage to be made good, who lly
or in part, out of the property of the minor or of the person w ith a
mental disorder or other condition referred to in the last prec eding
article.
Employment of 
incompetent 
person.1037 . Where a person for any wo rk or service whatsoever
employs another person who is in competent, or whom he has not
reasonable grounds to consider competent, he shall be liable fo r
any damage which such other person may, through incompetence in
the performance of such work o r service, cause to others.
Persons 
undertaking work 
without necessary 
skill.1038. Any person who without the necessary skill undertakes
any work or service shall be liable for any damage which, throu gh
his unskilfulness, he may cause to others.
Liability of hotel-
keepers. 
Substituted by: II.1966.21.
Amended by: 
XIII.1983.5;L.N. 407 of 2007
.1039. (1) A  hotel-keeper shall be liable up to an amount not
exceeding one hundred and seventy-four euro and seventy cents
(174.70) for any damage to or destruction or loss of propertybrought to the hotel by any guest.
(2) The liability of a hotel-keeper shall be unlimited -
(a) if the property has been deposited with him; or
(b) if he has refused to receive the deposit of property
which he is bound under the provision of the next
following sub-article to r eceive for safe custody; or
(c) in any case in which the damage to, or destruction or
loss of, property has been caused, voluntarily orthrough negligence or lack of skill, even in a slight
degree, by him or by a person in his employment or by
any person for whose actions he is responsible.
CIVIL CODE  [CAP. 16.   
(3) A hotel-keeper shall be bound to receive for safe custody
securities, money and valuable articles except dangerous articl es
and such articles as having regard to the size or standard of t he
hotel are cumbersome or h ave an excessive value.
(4) A hotel-keeper shall have the right to require that any
articles delivered to him for sa fe custody shall be in a fasten ed or
sealed container.
(5) The provisions of sub-articles (1) and (2) of this article
shall not apply if the guest, after discovering the damage,
destruction or loss, does not inform the hotel-keeper without u ndue
delay, or if the damage to, des truction or loss of, property is  due - 
(a) to a fortuitous event or to irresistible force; or
(b) to a reason inherent in the nature of the property
damaged, destroyed or lost; or
(c) to an act or omission of the guest by whom it was
brought into the hotel, or of any person, other than thehotel-keeper, to whom such guest may have entrusted
the said property or of any person in the employment
of such guest or accompa nying him or visiting him.
(6) Any tacit or express agreem ent between a hotel-keeper and
a guest entered into before any damage to, destruction or loss of,
property has occurred and purporting to exclude, reduce or make
less onerous the hotel-keeper’s liability as established in thi s article
shall be null and void:
Provided that, in the cases referred to in paragraphs ( a) and ( c) of
sub-article (2) of this article w here the damage to, or destruc tion or
loss of, property has not been caused by a person mentioned in the
said paragraph ( c) voluntarily or through gross negligence, any
agreement signed at any time by the guest whereby the hotel-
keeper’s liability is reduced to an amount being not less than one
hundred and seventy-four euro and seventy cents (174.70) shall be
valid.
(7) In this article and in article 2009 of this Code "guest"
means a person who stays at the hotel and has sleeping
accommodation put at his disposal therein, but is not an employ ee
in the hotel.
(8) In this article, any reference to a "hotel-keeper", except i n
so far as the liabilities thereby established are imposed on th e
hotel-keeper, shall be construed  as including reference to the
person in charge of the hotel or of the reception of guests in the
hotel, and any reference to "loss" shall be deemed to include b y
theft.
Liability of owner 
of animal.1040. The owner of an animal, or any person using an animal
during such time as such person is using it, shall be liable fo r any
damage caused by it, whether th e animal was under his charge or
had strayed or escaped.
Liability of owner 
of building.1041. The owner of a building shall be liable for any damage
which may be caused by its fall, if such fall is due to want of
  236     [CAP. 16.           CIVIL CODE
repairs, or to a defect in its c onstruction, provided the owner  was
aware of such defect or had reas onable grounds to believe that it
existed.
Rule as to liability 
of occupier of 
building in case of damage caused by 
the fall of a thing. 1042. Where any damage is caused to any person by the fall of a
thing suspended or placed in a dangerous position, or by a thin g or
matter thrown or poured from any building, the occupier of suchbuilding, provided he himself ha s not committed the act, and ha s
not in any way contributed thereto, shall not be liable except in so
far as the provisions contained in this Title relating to the l iability
of a person for damage caused by another, are applicable to him .
Intoxication. 1043. An action for damages shall lie even where the party
causing the damage was at the tim e in a state of intoxication.
Aiders or abettors. 1044. Where damage has been unjustly caused, any person who
has wilfully contributed thereto with advice, threats, or comma nds,
shall also be liable.
Measure of 
damages. 
Amended by: 
III.1938.2; XXI.1962.17.
XIII.2018
.25;
XXXII.2018 .15.1045. (1) The damage which is to be made good by the person
responsible in accordance with  the foregoing provisions shall
consist in the actual loss which the act shall have directly ca used to
the injured party, in the expenses which the latter may have be en
compelled to incur in consequence of the damage, in the loss of
actual wages or other earnings, a nd in the loss of future earni ngs
arising from any permanent incapacity, total or partial, which the
act may have caused:
Cap. 9.Provided that in the case of d amages arising from a criminal
offence, other than an involuntar y offence, and only in the cas e of
crimes affecting the dignity of persons under Title VII of Part  II of Book
First of the Criminal Code  and of wilful crimes against the person
subject to a punishment of imprisonment of at least three years  under
Title VIII of Part II of Book First of the said Code, up to a m aximum
limit of ten thousand euro (€10,000) or up to such maximum limi t as the
Minister responsible for justice may by regulations establish b oth with
regard to the maximum amount and about the method of computatio n
depending on the case, the damage to be made good shall also in clude
any moral harm and, or psycholo gical harm caused to the claiman t.
(2) The sum to be awarded in respect of such incapacity shall
be assessed by the court, having regard to the circumstances of  the
case, and, particularly, to the n ature and degree of incapacity
caused, and to the condition of the injured party.
Damages to heirs 
of deceased party. 
Substituted by: III.1938.3.1046. Where in consequence of the act giving rise to damages
death ensues, the court may, in addition to any actual loss and
expenses incurred, award to th e heirs of the deceased person
damages, as in the case of permanent total incapacity, in
accordance with the provisions o f the last pr eceding article.
Where damage 
consists in 
depriving person of 
use of his own money. 
Amended by:
XXXXIX.1939.2;VI.1983
.3.1047. (1) The damage which consists in depriving a person of
the use of his own money, shall be made good by the payment of
interest at the rate of eight per cent a year.
(2) If, however, the party causing the damage has acted
maliciously, the court may, accord ing to circumstances, grant a lso
to the injured party compensation for any other damage sustaine d
by him, including every loss of earnings, if it is shown that t he
CIVIL CODE  [CAP. 16.   
party causing the damage, by depriving the party injured of the  use
of his own money, had particularly the intention of causing him
such other damage, or if such da mage is the immediate and direc t
consequence of the injured party having been so deprived of the  use
of his own money.
(3) The sum to be awarded in respect of such loss of earnings
shall be assessed by the court having regard to the circumstanc es of
the case.
Right of relief 
against party 
causing damage.1048. Where a person is liable for  the damage caused by another
person, and discharges his liability, he may not seek relief ag ainst
the party causing the damage, except where the latter is alsoanswerable for such damage.
Joint and several 
liability where 
damage is caused 
maliciously.1049. (1) Where two or more persons have maliciously caused
any damage, their liability to make good the damage shall be a joint
and several liability.
(2) Where some of them have acted with malice, and others
without malice, the former shall be jointly and severally liabl e, and
each of the latter shal l only be liable for such part of the da mage as
he may have caused.
Where part of 
damage caused by each of several 
persons cannot be 
ascertained.1050. (1) Where the part of the d amage which each has caused
cannot be ascertained, the injured party may claim that the who le
damage be made good by any one o f the persons concerned, even
though all or some of them have acted without malice, saving th e
right of the defendant to seek r elief from the other or the oth ers.
Cap. 12.(2) In such case, it shall be lawful for the defendant to demand
that all the persons causing the  damage be joined in the procee dings
in the manner and for the purpos es referred to in article 962 o f the
Code of Organization and Civil Procedure , and the court may
apportion among them the sum fixed by way of damages, in equalor unequal shares, according to c ircumstances; saving always th e
right of the injured party to claim the whole sum from any one of
the persons concerned who in reg ard to him shall be all condemn ed
jointly and severally.
Contribution to 
damage by party injured. 
Amended by: 
III.1938.4; XXXIX.1939.3.1051. If the party injured has by his imprudence, negligence or
want of attention contributed or given occasion to the damage, the
court, in assessing the amount o f damages payable to him, shall
determine, in its discretion, the proportion in which he has so
contributed or given occasion to  the damage which he has suffer ed,
and the amount of damages payable to him by such other persons as
may have maliciously or involuntarily contributed to such damag e,
shall be reduced accordingly.
Civil remedies in 
cases of corruption.
Added by:
XX.2002
.2.
Amended by:
IV .2013 .10.1051A.  ( 1 ) F o r  t h e  p u r p o s e s  o f  t h i s  a r t i c l e  " c o r r u p t i o n "  m e a n s
requesting, offering, giving or accepting, directly or indirect ly, a
bribe or any other undue advantage or prospect thereof, which
distorts the proper performance of any duty or behaviour requir ed
of the recipient of the bribe, by the undue advantage or the pr ospect
thereof.
(2) Any person who claims to have suffered damage as a result
of corruption shall have a right of action to obtain compensati on for
  238     [CAP. 16.           CIVIL CODE
the damage caused to him by the act of corruption against the
persons who have committed or authorised the act of corruption or
who have failed to take reasonable steps to prevent the act ofcorruption.
(3) The persons who have committed or authorised the act of
corruption and the persons who ha ve failed to take reasonable s teps
to prevent the act of corruption shall be jointly and severally  liable
for the damages referred  to in sub-article (2).
(4) Where the act of corruption has been committed by an
officer or employee of the Government or of a body corporateestablished by law, the Government or as the case may be the bo dy
corporate established by law sha ll itself be liable to make pay ment
for the damage caused by t he act of corruption where:
(a) the person claiming to hav e suffered the damage has,
on becoming aware of the im proper behaviour of the
officer or employee, given such notice to the
Government or the body corporate, as the case may be,
to take such preventive meas ures as are reasonable in
the circumstances to preven t the commission of the act
of corruption;
(b) the person claiming to have suffered the damages has
not himself in relation to t he same matter induced any
officer or employee to commit the act o f corruption, or
in any manner been  party to it;
(c) the person suffering the damage has taken all action
against the person liable for the damages inaccordance with sub-article (3) to recover the
damages; and
(d) the Government or the body corporate, as the case may
be, has been made a party to the suit against the
persons liable for the dama ges in accordance with sub-
article (3) in order to defend its interests under thissub-article:
Provided that the Government or the body corporate, as the
case may be, shall only be liable for such part of the damages as are
not recovered from the persons liable therefor in accordance wi th
sub-article (3).
(5) No right for compensation for damages shall lie where the
party claiming to have suffered the damages has himself wilfull y
been a party to th e act of corruption:
Provided that nothing in this sub-article shall be construed
as precluding any person from recovering any payment made or
thing given, or the value thereo f, where the payment has been m ade
or the thing has been given for an unlawful consideration.
(6) An action to recover damages under this article shall be
brought before the lapse of three years from the date that the person
claiming damages becomes awar e or should have reasonably
become aware that damage has occurred or that an act of corrupt ion
has taken place and of the identity of the person responsible
CIVIL CODE  [CAP. 16.   
therefor or before the lapse of ten years from the date of the act of
corruption, whichever is the earlier, and no action may be brou ght
after the lapse of such time.
(7) Where any contract has been entered into by any person
(including the Government or any body corporate established bylaw) and the contract or any clause thereon has been concluded by
an employee, officer or agent of such person following an act o f
corruption in favour of such officer, employee or agent, the pe rson
bound by such contract and whose officer, employee or agent has
been so corrupted, shall without prejudice to any right of acti on to
recover damages in accordance with  this article ha ve a right to  take
action not later than a year aft er becoming aware of such corru ption
or from the time when he should  reasonably have become aware, t o
annul the contract or any clause t hereof which has been entered
because of such corruption:
Provided that no action may be brought after the lapse of
ten years from the date of the act of corruption.
(8) Prescription may not be set up against the Government or
against a Local Council or agains t a body corporate established  by
law in an action to recover damages under this article based on  an
act of corruption committed by the defendant through abuse of h is
office whilst holding the office of Minister, Parliamentary
Secretary, Member of the House of Representatives, Mayor or
Local Councillor.
Sub-title III
OF THE VARIOUS KINDS OF OBLIGATIONS
§ I. OF CONDITIONAL OBLIGATIONS
OF CONDITIONS IN GENERAL AND OF THEIR VARIOUS KINDS
Definition of 
conditional 
obligation.1052.  An obligation is conditional when it is made to depend
upon an uncertain future event, either by suspending it until t he
event happens, or by dissolving it if the event happens or does  not
happen.
Casual and 
potestative conditions.1053. (1) A condition is casual when it makes the obligation
depend upon a fortuitous event beyond the control of the debtor  and
of the creditor.
(2) A potestative condition is that which makes the obligation
depend upon an event which the one or the other of the contract ing
parties has the power to bring about or to prevent.
(3) A mixed condition is that which makes the obligation
depend upon the will of one of the contracting parties, and, at  the
same time, upon the will of a third party or upon a fortuitous event. 
Condition contrary 
to morality, etc.1054.  Any condition contrary to morals, or to public policy, or
prohibited by law, or which i mposes the performance of an
  240     [CAP. 16.           CIVIL CODE
impossible thing, is void, and annuls the agreement dependent
thereon.
Effect of condition 
to forbear to do an 
impossible thing, 
etc.1055. (1) The condition to forbear to do an impossible thing
does not void the obligation contracted on that condition.
(2) The condition, however, to forbear to do a thing contrary to
morals or to public policy or prohibited by law may void the
obligation.
Obligation is null if 
contracted under 
condition depending solely 
upon obligor.1056. (1) Where an obligation is contracted on a condition
which makes the obligation depend solely upon the will of the
obligor, the obligation is null.
(2) Nevertheless, where the obligation depends upon an event
the happening of which is within the power of the obligor, he i s
bound if the event happens.
Condition to be 
fulfilled according to the intention of 
the parties.1057. Every condition must be fulfilled in the manner in which
the parties have in all likeliho od desired and intended that it  should
be fulfilled.
Where obligation 
is contracted on 
condition that an 
event shall happen within a certain 
time.1058. (1) Where an obligation is contracted on condition that
an event shall happen within an appointed time, such condition
shall be deemed to have failed if the time expires without the event
having happened.
(2) Where no time is fixed, th e condition shall not be deemed
to have failed until it is certa in that the even t will not happ en:
Provided that, where the condition consists in an act which can
be performed by the obligee, it shall be lawful for the court,according to circumstances, to fix a time for the fulfilment of  the
condition, and if, on the expiration of such time, the conditio n has
not been fulfilled, the obligation ceases.
Where obligation 
is contracted on condition that an 
event shall not 
happen within a certain time.1059. (1) Where an obligation is contracted on condition that
an event shall not happen within an appointed time, the conditi on
shall be deemed to be fulfilled both if the time expires and th e
event has not happened, as well a s if, before the expiration of  the
time, it is certain that the event will not happen.
(2) Where no time is fixed, the  condition is not fulfilled until  it
is certain that the event will not happen:
Provided that, where the condition consists in an act within th e
power of the obligor, it shall be lawful for the court to fix a  time,
and if the time expires and th e event constitut ing the conditio n does
not occur, the condition shall be deemed to be fulfilled, and t he
obligor shall be bound to perform the obligation.
When a condition 
is deemed to be 
fulfilled.1060. (1) The condition shall be deemed to be fulfilled if the
debtor who is bound under such condition is the person who has
impeded the fulfilment thereof.
(2) The provision of this article shall not apply in any case in
which the impediment is due to the exercise of a lawful right n ot
contemplated in the agreement.
CIVIL CODE  [CAP. 16.   
Retroactive effect 
of condition.1061. (1) A condition, on being fulfilled, shall have a
retroactive effect.
(2) If the creditor dies before the fulfilment of the condition,
his rights vest in his heirs.
Creditor may 
secure his rights 
before condition is 
fulfilled.1062. The creditor may, before the fulfilment of the condition,
take all the necessary steps for t he preservation of his rights .
OF THE SUSPENSIVE CONDITION
Definition of 
suspensive 
condition.1063. (1) A suspensive condition is that which makes the
existence of the obligation depend upon a future and uncertain
event.
(2) An obligation under a suspensive condition does not exist
before the event happens.
Where thing 
perishes or 
deteriorates before fulfilment of 
condition.1064.  Where an obligation is contracted under a suspensive
condition, and the thing forming the subject-matter of the
agreement perishes or deteriorat es before the condition is fulf illed,
the following rules shall be observed:
(a) if the thing perishes entirely, without any fault of the
debtor, the agreement shall be ineffectual;
(b) if the thing perishes entirely, through the fault of the
debtor, such debtor shall be liable to the creditor fordamages;
(c) if the thing perishes in part only, or deteriorates,
without any fault of the debtor, the loss shall be borne
by the creditor, who shall be bound to receive the thing
in the state in which it is without any abatement of the
price thereof;
(d) if the thing perishes in part, or deteriorates, through
the fault of the debtor, the creditor may elect either todemand the dissolution of the agreement, or to claim
the thing in the state in which it is, with damages.
Where obligation 
is contingent on 
event which has already taken 
place.1065. An obligation contingent on an event which has already
happened, but is not yet known to the parties, shall be effectu al as
from the day on which it was contracted, but the debtor may not  be
compelled to perform it until the unknown event is ascertained.
OF THE RESOLUTIVE CONDITION
Definition of 
resolutive 
condition.1066. (1) A resolutive condition is that which, on being
accomplished, operates the dissolution of the obligation, and
replaces things in the same state  as though the obligation had never
been contracted.
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(2) Such condition does not suspend the performance of the
obligation, but, if the event provided for by the condition hap pens,
the creditor shall be bound to restore that which he may havereceived.
Effect of express 
resolutive condition.1067. Where the resolutive conditi on is expressly stated in the
agreement, such agreement shall,  upon the accomplishment of the
condition, be dissolved ipso jure , and it shall not be lawful for the
court to grant any time to the defendant.
Resolutive 
condition is 
implied in bilateral contracts.1068.  A resolutive condition is in all cases implied in bilateral
agreements in the event of one of the contracting parties faili ng to
fulfil his engagement:
Provided that in any such cas e, the agreement shall not be
dissolved ipso jure , and it shall be lawful fo r the court, according to
circumstances, to grant a reasonab le time to the defendant, sav ing
any other provision of law r elating to contracts of sale.
Rights of creditor 
in an undischarged 
obligation.1069. (1) Where the resolutive condition, whether express or
implied, relates to any case in w hich one of the parties fails to fulfil
his engagement, the party who is  the creditor in the undischarg ed
obligation may, at his option, upon the accomplishment of thecondition, either demand the dissolution of the contract, or co mpel
the other party to perform the o bligation, if this is possible.
(2) In either case the defendant may be condemned in damages.
§ II. O F OBLIGATIONS WITH A LIMITED  TIME
Time for 
performance of 
obligation.1070. (1) Time is the period fixed for the performance of an
obligation.
(2) A  time may be established either by fixing a certain
specified day, or by reference to an event which will certainly
happen, although on an uncertain day.
Time does not 
suspend obligation.1071. Time shall not suspend the ob ligation, but shall only delay
the execution thereof.
Thing may not be 
claimed before 
expiration of time.1072. What is only due at a certain time, cannot be claimed
before the expiration of such time, but what has been paid in
advance, cannot be recovered even though the debtor at the time  of
payment may not have been aware  of the stipulation as to time.
Time to be 
presumed stipulated in favour 
of debtor.1073. Time shall always be deemed to be stipulated in favour of
the debtor, unless it appears from the stipulation or from thecircumstances that it was also agreed upon in favour of the cre ditor.
Computation of 
time.1074. In computing a time the day shall be reckoned at twenty-
four hours: the month  and the year accordin g to the calendar. 
Dies a quo  not to 
be computed.1075. The day on which an obligation with a limited time is
contracted, or from which the time is to commence to run, shall  not
be computed in the time itself.
CIVIL CODE  [CAP. 16.   
Public holidays. 
Amended by: 
XXII.1976.4.1076. (1) Public holidays shall not suspend the running of the
time:
Provided that where the last day of the time is a public holida y
the time shall not be deemed to have elapsed before the next
following day, not being a public holiday, shall have expired.
Cap. 12.(2) For the purposes of this article, public holidays are those
days in which no ordinary court sitting may be held as provided  in
article 109 of the Code of Organization and Civil Procedure .
Where no time is 
fixed for performance of 
obligation.1077. Where no time has been fixed for the performance of an
obligation, it shall be carried into effect forthwith, unless t he nature
of the obligation, or the manner in which it is to be carried i nto
effect, or the place agreed upon for its execution, implies the
necessity of a time to be, if n ecessary, fixed by the court.
Where time for 
performance of 
obligation is left to the will of the 
debtor.1078.  Where the time for the perfor mance of the obligation has
been left to the will of the debtor, or where it has been agree d that
the debtor shall discharge the obligation when it will be possi ble
for him to do so, or when he will have the means for so doing, the
following rules shall be observed:
(a) if the subject-matter of the  obligation is the payment
of a sum of money, such obligation shall be performedwithin two years, if the sum is due without interest, or,
within six years if the s um is due with interest;
(b) if the subject-matter of the obligation is other than the
payment of a sum of money, the time within which theobligation is to be performed shall be fixed by the
court according to circumstances.
When debtor 
cannot claim 
benefit of time.1079. A debtor can no longer claim the benefit of time if he has
become insolvent, or if his condition has so changed as to enda nger
the payment of the debt, or if by his own act he has diminished  the
security which under the agreemen t he had given to the creditor , or
if he has failed to give the security agreed upon.
§ III. O F ALTERNATIVE AND POTESTATIVE OBLIGATIONS
How alternative 
obligation is discharged.1080. (1) The debtor in an altern ative obligation is released
therefrom by the delivery of one of the two things included in the
obligation.
(2) The debtor may not compel t he creditor to receive a part of
one thing and a part of the other.
Option granted to 
debtor.1081. The option shall belong to the debtor, unless it has been
expressly granted to the creditor.
Where party 
entitled to option 
fails to exercise it.1082. (1) Where the party entitled to the option fails to
exercise such option within the time expressly agreed upon for the
purpose, the right of option sh all vest in the other party.
(2) Where no such time has been agreed upon, it shall be
  244     [CAP. 16.           CIVIL CODE
competent to the court to fix a time, and if the party having t he
option shall fail to exercise it within such time, the right of  option
shall vest in the other party.
Where one of two 
things promised 
could not form the subject of an 
obligation,1083. Where one of the two things promised could not form the
subject-matter of the obligati on, such obligation shall be deem ed to
be pure and simple with regard to the other thing.
or perishes. 1084. (1) An alternative obligation shall become pure and
simple with regard to the thing which remains, if one of the tw o
things promised perishes, or can no longer be delivered, even i f this
happens through the fault of the  debtor. The value of the thing
which perished cannot be offered in its stead.
(2) If both things perish and the debtor is in fault with regard  to
one of them, he shall be bound to pay the value of the thing wh ich
perished last.
When right of 
option is 
competent to creditor.1085.  Where, in any of the cases referred to in the last
preceding article, the right of option, under the agreement, wa s
granted to the creditor, the following rules shall be observed:
(a) if only one of the things perishes, but without the fault
of the debtor, the creditor is bound to receive the thing
which remains: if the debtor is in fault, the creditor
may claim either the thing which remains or the valueof the thing which perished;
(b) if both things perish, and the debtor is in fault with
regard to both or even to one  of them, the creditor may
demand the value of either of such things, at hischoice.
Where both things 
perish without the 
fault of the debtor.1086.  Where both things perish, without the fault of the debtor,
and before he is in default for delay in the delivery, the obli gation
is extinguished in accordance w ith the provisions  of article 12 07.
Where alternative 
obligation includes 
more than two 
things.1087.  The same rules shall apply where the alternative
obligation includes m ore than two things.
Definition of 
potestative 
obligation.1088. (1) Where in an obligation having for its subject-matter
a determinate thing, it is compe tent to the debtor to release h imself
by offering another thing, such obligation is said to be potest ative.
(2) In any such case the credit or may only demand the thing
specified in the agreement.
(3) If such thing perishes, the obligation is extinguished,
saving any other provision of the law in cases where the debtor  is in
default for delay in the delivery of the thing, or the thing pe rishes
through his fault.
§ IV .O F JOINT AND SEVERAL OBLIGATIONS
CIVIL CODE  [CAP. 16.   
Obligation not to 
be presumed to be 
in solidum .1089.  Joint and several liability is not presumed. If not declared
by law, it must be expressly stipulated.
OF JOINT AND SEVERAL  CREDITORS
Obligation in 
solidum  in favour 
of several 
creditors.1090 . An obligation is joint and several in favour of two or more
creditors when it expressly vest s each of such creditors with t he
right of demanding the payment of the whole sum due, and the
payment made to any one of them discharges the debtor, even
though the benefit accruing from the obligation may be divided
between the sever al creditors.
Option of debtor to 
pay any one of the joint and several 
creditors.1091 . It shall be at the option of t he debtor to pay any one of the
joint and several creditors unless previous notice shall have b een
given to him by one of such creditors, by means of a judicial
demand or other judicial act.
Interruption and 
suspension of 
prescription.1092. (1) Every act which interrupt s prescription with regard
to one of the joint and several creditors shall also benefit th e other
creditors.
(2) The suspension of prescription in favour of one of the joint
and several creditors shall no t benefit the other creditors.
Effect of remission 
by one of the joint 
and several creditors. 1093.  If one of the joint and several creditors remits the debt,
the release shall only be operat ive with regard to the share of  such
creditor.
OF JOINT AND SEVERAL DEBTORS
Joint and several 
debtors.1094.  Debtors are jointly and severally liable when they are all
bound to the same thing in such a way that each of them may be
compelled to discharge the whole debt, and the payment made by
one of them operates so as to release the others as against the
creditor.
Obligation may be 
joint and several 
even though 
debtors are differently bound.1095.  An obligation may be joint and several even though one of
the debtors is bound differently from the others for the paymen t of
the same thing, as when the obligation of one is conditional an d
that of the other is pure and simple, or when one is allowed a time
for payment which is not granted to the other, or when the debt ors
are bound to pay in different places.
Creditor may sue 
any of the joint and 
several debtors.1096.  The creditor may enforce his claim against any of the joint
and several debtors, at his option, and it shall not be lawful for the
debtor to set up the benefit of division.
Judicial demand 
against one of the 
debtors in solidum 
does not bar a 
similar demand 
against any of the others.1097.  A  j u d i c i a l  d e m a n d  m a d e  a g a i n s t  o n e  o f  t h e  j o i n t  a n d
several debtors shall not operate  so as to bar the creditor fro m
bringing a similar action against any of the others, even thoug h, in
making the first demand, the creditor shall not have expressly
reserved such right
  246     [CAP. 16.           CIVIL CODE
Demand for 
payment of 
interest.1098.  A demand for the payment of interest, where competent,
made against one of the joint a nd several debtors, shall cause
interest to run against all the debtors.
Pleas which may 
be set up by joint 
and several debtors.1099. (1) Where proceedings have been taken by the creditor
against a co-debtor jointly and s everally liable, it shall be l awful
for such co-debtor to set up all such pleas as are personal tohimself, as well as those which are common to all the other co-
debtors.
(2) Nevertheless, such co-deb tor may not set up any pleas
which are purely personal to any one only of the other co-debto rs.
Interruption of 
prescription.1100.  An acknowledgment of the deb t by one of the joint and
several debtors, and every oth er act capable of interrupting
prescription with regard to any one of such debtors, shall inte rrupt
prescription also with regard to the other debtors and their he irs.
Acknowledge-
ment of debt by 
one of the heirs of 
the joint and 
several debtors.1101. (1) An acknowledgment of the debt by one of the heirs
of one of the joint and several debtors, and every other act ex ecuted
against such heir, shall not, eve n though such acknowledgment o r
act may interrupt prescription with regard to such heir, interr upt
prescription with regard to the other co-heirs, even though the  debt
be a hypothecary debt, unless the obligation be indivisible.
(2) The interruption of prescription against one of the heirs of
one of the joint and several debtors, shall not be operative ag ainst
the other co-debtors except with regard to the part of the debt  for
which such heir is liable.
(3) Nevertheless, where presc ription has been interrupted
against all the heirs of the d eceased co-debtor, such interrupt ion
shall be operative against all th e surviving co-debtors for the  whole
debt.
Where thing 
perishes through 
the fault of one or 
more of the debtors in solidum .1102. (1) Where the thing due perishes through the fault of
one or more of the joint and several debtors, or during the tim e in
which he or they is or are in default for delay in delivering t he
thing, the other co-debtors shal l not be released from the obli gation
of paying the value thereof, but they shall not be liable for
damages.
(2) The creditor can only claim damages from the debtor or
debtors through whose fault the thing perished or who was or we re
in default.
Where one of the 
debtors becomes the heir of the 
creditor, etc.1103.  Where one of the debtors becomes the heir of the creditor,
or when the creditor becomes the heir of one of the debtors, th e
joint and several debt shall, as a result of such merger, be
extinguished with regard to t he portion of such debtor.
Where creditor 
consents to the 
division of the debt 
in favour of one of the debtors.1104.  Where the creditor consents to  the division of the debt in
favour of one of the debtors, he shall not thereby be barred fr om
exercising his joint a nd several action agai nst the other debto rs in
respect of the whole debt.
Where creditor 
receives part-payments.1105. (1) The receipt of a portion of the debt in one or more
payments, from one or more of the joint and several debtors, sh all
not imply any renunciation of the joint and several obligation,
CIVIL CODE  [CAP. 16.   
either in regard to the debtor or debtors who shall have paid s uch
portion of the debt, or in regard to the others, even though th e
creditor, in receiving such portio n, shall not have expressly
reserved his joint and several act ion or his rights in general.
(2) The same rule shall apply with regard to any judicial
demand made by the creditor against one or more of the co-debto rs
for a portion of the debt.
(3) Such renunciation shall not be presumed, even if the sum
received or claimed is equal to the share of the debt to which the
debtor who has paid, or against whom the demand for payment ismade, would be liable as between  himself and the other co-debto rs.
Debtors among 
themselves bound ratably.1106.  The obligation contracted jointly and severally in favour
of the creditor, is ipso jure divided among the debtors who,
amongst themselves , are bound each f or his share only.
Co-debtor 
discharging debt 
may only claim 
from the other co-debtors their 
respective shares.1107. (1) Where one of the co-debto rs has wholly discharged a
joint and several debt, he may only claim from the other co-deb tors
the share of each of them, together with interest as from the d ay of
payment, notwithstanding any assignment of rights.
(2) Where one of such other co-debtors is insolvent, the loss
occasioned by such insolvency s hall be apportioned amongst all the
solvent co-debtors, including the one who has made the payment,  in
proportion to each one’s  share of the debt.
Where creditor 
discharges one of 
the co-debtors 
from his joint and several liability.1108.  Where the creditor has renou nced his joint and several
right of action with respect to one of the debtors, and one or more
of the other debtors becomes or become insolvent, the shares of
those who are insolvent shall be apportioned amongst all thedebtors, including those previously discharged by the creditor from
their joint and several liabil ity, in proportion to each one’s share of
the debt.
Where subject-
matter of joint and several liability 
concerns one of the 
co-debtors only.1109.  Where the matter in regard to which the joint and several
liability has been contracted, concerns only one of the co-debt ors,
such co-debtor shall be liable for the whole debt towards the o ther
co-debtors, and the latter, in re lation to such co-debtor, shal l be
considered merely as sureties.
 § V. OF DIVISIBLE AND  INDIVISIBLE OBLIGATIONS
Divisible 
obligation.1110.  An obligation is divisible o r indivisible according as to
whether the thing or fact formin g the subject-matter thereof, i s or is
not susceptible of division, physically or intellectually.
Indivisible 
obligation.1111.  An obligation is indivisible if, although the thing or fact
forming the subject-matter thereof is of its nature divisible, the
manner in which such thing or fact has been considered in the
obligation does not admit o f a performa nce in part.
Joint and several 
obligation does not 
imply 
indivisibility.1112.  An obligation shall not be deemed to be indivisible solely
on the ground that it is a joint and several obligation.
  248     [CAP. 16.           CIVIL CODE
OF DIVISIBLE OBLIGATIONS
How divisible 
obligation is 
performed as 
between creditor and debtor.1113. (1) An obligation, although susceptible of division, must
be performed, as between the creditor and the debtor, as if it were
indivisible.
(2) The divisibility shall only be applicable in regard to their
heirs, who can claim or are liable to pay the debt only to the extent
of the shares competent to them, or for which they are liable a s
representing the cred itor or the debtor.
When rule of 
divisibility does 
not apply to heirs 
of debtor.1114. (1) The rule as to the divisibility of the obligation in
regard to the heirs of the debtor shall not apply in the follow ing
cases:
(a) when a determinate thing is due;
(b) when, under the instrument of title, one of the heirs
alone is charged with t he performance of the
obligation;
(c) when from the nature or the subject-matter of the
obligation or from the purpose of the agreement it
appears that the intention of  the parties was that the
debt should not be discharged in separate parts.
(2) In the cases referred to in paragraphs ( a) and ( b) of sub-
article (1) of this article, the heir who is in possession of t he thing,
or who is alone charged with the debt, and, in the case referre d to in
paragraph ( c) of that sub-article, each of the heirs, may be sued for
the whole, saving his right of r elief against the other co-heir s.
OF INDIVISIBLE OBLIGATIONS
Liability of 
obligors under an 
indivisible 
obligation.1115. (1) Where two or more persons have jointly contracted
an indivisible debt, each of such persons is liable for the who le of
the debt, although the obligation has not been contracted joint ly
and severally.
( 2 ) T h e  s a m e  r u l e  s h a l l  a p p l y  w i t h  r e g a r d  t o  t h e  h e i r s  o f  a
person who has contracted a similar obligation.
Rights of heirs of 
creditor in an 
indivisible obligation.1116. (1) Each of the heirs of the creditor may demand the
entire fulfilment of an indivisible obligation.
(2) He cannot alone remit the wh ole of the debt, or receive,
instead of the thing, the value thereof.
(3) Where one of the heirs has alone remitted the debt, or
received the value of the thing, it shall not be lawful for any  of the
other co-heirs to demand the indivisible thing without taking i nto
account the portion of the heir who has remitted the debt or
received the value.
CIVIL CODE  [CAP. 16.   
Right of co-heir of 
debtor to demand 
that the other co-
heirs be made parties to the suit.1117.  The heir of the debtor, on being sued in respect of the
whole debt, may demand an adjournment to join his co-heirs as
defendants in the suit, provided the debt be not of such nature  that
it can only be discharged by the heir so sued, in which casejudgment may be given against such heir alone, saving his right  of
relief against the other co-heirs.
§ VI. O F OBLIGATIONS WITH A PENALTY CLAUSE
Definition of 
penalty clause.1118.  A penalty clause is a clause whereby a person, for the
purpose of securing the fulfilment of an agreement, binds himse lf
to something in case of non-fulfilment.
Effects of nullity of 
principal obligation and of 
penalty clause.1119. (1) The nullity of the principal obligation produces the
nullity of the penalty clause.
(2) The nullity of the penalty clause does not produce the
nullity of the principal obligation.
Penalty to 
represent compensation for 
damages.1120. (1) The penalty represents the compensation for the
damage which the creditor sustains by the non-performance of th e
principal obligation.
(2) The creditor may sue for the performance of the principal
obligation instead of demanding th e penalty incurred by the deb tor.
(3) He cannot demand both the principal thing and the penalty,
unless the penalty shall have been stipulated in consideration of
mere delay.
When penalty 
becomes due.1121. (1) Where the obligation consists in forbearing to do
something, the penalty becomes due as soon as the contravention
takes place.
(2) Where the obligation could not be performed except at a
certain time, the penalty shall be incurred as soon as such tim e
expires, unless anot her time has been f ixed by agreement.
(3) In any other case, the penalty shall be incurred when the
debtor is put in default as  provided in article 1130.
Abatement or 
mitigation of penalty.1122. (1) It shall not be lawful for the court to abate or
mitigate the penalty excep t in the following cases:
(a) if the debtor has performed  the obligation in part, and
the creditor has expressly accepted the part so
performed;
(b) if the debtor has performed  the obligation in part, and
the part so performed, having regard to the particularcircumstances of the creditor , is manifestly useful to
the latter. In any such case, however, an abatement
cannot be made if the debtor, in undertaking to pay thepenalty, has expressly waived his right to any
abatement or if the penalty has been stipulated in
consideration of mere delay.
  250     [CAP. 16.           CIVIL CODE
(2) Where an abatement is to be  made under this article, the
penalty shall be reduced in proportion to the unperformed part of
the obligation.
Penalty clause in 
indivisible 
obligation.1123.  Where the subject-matter of  the principal obligation
contracted with a penalty clause is an indivisible thing, the p enalty
is incurred even where only one of the heirs of the debtor infr inges
the obligation; and in such case,  the penalty may be claimed ei ther - 
(a) against the defaulter, f or the whole amount, or
(b) against each co-heir for his respective share, or, where
a hypothecary action is comp etent, even for the whole
amount, saving the right of relief against the defaulter.
Penalty clause in 
divisible 
obligation.1124. (1) Where the principal obligation contracted with a
penalty clause is divisible, and one of the heirs of the debtor
infringes the obligation, the pen alty shall be incurred only by  such
heir, and only for the share of the principal obligation for wh ich he
is liable, and no action shall lie against those who have perfo rmed
the obligation.
(2) The rule laid down in sub-article (1) of this article shall not
apply to cases where the penalty has been stipulated in order t hat
payment should not be made in par t, and one of the co-heirs has
prevented the performance of the obligation in its entirety. In  any
such case, such co-heir is liable for the entire penalty, and t he
others are liable for their respective shares only, saving thei r right
of relief against the defaulter.
§ VII. O F FIDUCIARY OBLIGATIONS
Fiduciary 
obligations.Added by:
XIII.2004
.40;
Amended by:XXXVI.2018.
38.1124A.  (1)Fiduciary obligations arise in virtue of law, contract,
quasi-contract,unilateral declarations including wills, trusts,assumption of office or behaviour whenever a person (the
''fiduciary'') -
(a) owes a duty to protect the interests of another person
and it shall be presumed that such an obligation where a
fiduciary acts in or occupies a position of trust is infavour of another person; or
(b) has registered in his name, holds, exercises control or
powers of disposition over property for the benefit of
other persons, including when he is vested withownership of such proper ty for such purpose; or
(c) receives information from a nother person subject to a
duty of confidentiality an d such person is aware or
ought, in the circumstances, reasonably to have beenaware, that the use of such information is intended to
be restricted.
(2) A person who is delegated any function by a fiduciary and
is aware, or should, from the ci rcumstances, be aware, of the
fiduciary obligations shall also be treated to be subject to fi duciary
obligations.
CIVIL CODE  [CAP. 16.   
(3) Fiduciary obligations arise f rom behaviour when a person -
(a) without being entitled, appropriates or makes use of
property or information belonging to another, whether
for his benefit or otherwise; or
(b) b e i n g  a  t h i r d  p a r t y ,  a c t s ,  b e i n g  a w a r e ,  o r  w h e r e  h e
reasonably ought to be aware from the circumstances,of the breach of fiduciary obligations by a fiduciary,
and receives or otherwise acquires property or makes
other gains from or through the acts of the fiduciary.
(4) Without prejudice to the duty of a fiduciary to carry out hi s
obligations with utmost good faith and to act honestly in all c ases, a
fiduciary is bound, subject to express provision of law or expr ess
terms of any instrument in writing excluding or modifying such
duty, as the case may be -
(a) to exercise the diligence of a bonus pater familias in
the performance of his fiduciary obligations;
(b) to avoid any conflict of interest or any conflict of trust
or fiduciary obligations;
(c) not to receive undisclosed or unauthorised profit from
his position or functions nor permit any other person to
do so, nor enter into any transaction related to theproperty, directly or indirectly, unless authorised to do so
by the instrument creating the fiduciary obligation or
permitted by a person or authority empowered to approvesuch dealings under the instrument or applicable law or
as otherwise authorised by the Court:
Provided that any references to "the Court" shall be
construed as references to the Civil Court (V oluntaryJurisdiction Section) unless otherwise indicated or unless
the context refers to any court seized of any matter in
which case it is the court w here the matter arises;
(d) to act impartially when th e fiduciary duties are owed
to more than one person;
(e) to keep any property as may be acquired or held as a
fiduciary segregated from his personal property andthat of other persons towards whom he may have
s i m i l a r  o b l i g a t i o n s  a n d  t o  a f f e c t  a  c h a n g e  i n  t h e
registration of any relevant property, as may be requiredfor such purpose;
(f) to maintain suitable records in writing of the interest
of the person to whom such fiduciary obligations are
owed;
(g) to render account in relation to the property subject to
such fiduciary obligations;
(h) to return on demand any property held under fiduciary
obligations to the person lawfully entitled thereto or as
instructed by him as otherwise required by the writteninstrument regulating the fiduciary obligation or by
applicable law, and for such purpose, execute such
  252     [CAP. 16.           CIVIL CODE
agreements, including any public deed, or other
instruments and, or effect a change in the registration of
any relevant property, as may be required;
(i) to return any property held under the fiduciary
obligations upon the termination of the fiduciary
obligations to the person lawfully entitled thereto, as
required by the written instrument regulating thefiduciary obligation or by ap plicable law, and for such
purpose, execute such ag reements, including any
public deed, or other instruments and, or effect achange in the registration of any relevant property, as
may be required;
(j) to keep confidential the affairs of the person to whom
fiduciary duties are owed, subject to the fiduciary’sduty to provide information to the beneficiary of the
specific fiduciary obligation or to other persons in
accordance with and subject to any restrictionscontained in the written instrument, if any, giving rise
to the fiduciary obligation with reference to this sub-
article, unless the fiduciary is given consent from theperson to whom fiduciary obligations are owed to
disclose such information:
Provided that a fiduciary has the right to declare on
any written instrument or when carrying out any act,that he is acting as a fiducia ry in such context and such
declaration shall not be c onsidered to be a breach of
this sub-article; and
(k) to carry out the designated purpose, where property has
been entrusted to him.
(5) In addition to any other remedy available under law, a
person subject to a fiduciary obligation who acts in breach of such
obligation shall be bound to return any property together with all
other benefits derived by him, w hether directly or indirectly, to the
person to whom the duty is owed.
(6) The obligation to return prop erty derived from a breach of a
fiduciary duty shall apply also to all property into which the
original property has been converted or for which it has beensubstituted.
(7) Subject to the provisions of sub-article (8), where the
competent court, in any proceedi ngs, finds that a person owns, has
registered in his name, holds, ex ercises control or has powers of
disposition over property and is bound by fiduciary obligationsarising in any manner in relation to such property, the court m ay
make any order or declaration in  favour of or for the benefit o f such
persons and under such terms and conditions as it considersappropriate in the circumstances to protect the beneficiary of such
obligations under the provisions of this Title and any special law
including:
(a) to order the transfer, restitution or delivery of any
CIVIL CODE  [CAP. 16.   
property, or the change in the registration thereof, to
another fiduciary or order that it be held jointly with
another fiduciary;
(b) to terminate the powers o f disposition of property;
(c) to order the fiduciary to  give adequate security;
(d) to establish a trust in relation to property subject to
fiduciary obligation and to establish the terms of such
trust;
(e) to rescind any transfer or ot her transaction or declaring
the same null and void; or
(f) imposing damages on the fiduciary.
( 8 ) T h e  c o u r t  s h a l l  a l s o  h a v e such powers, whether the
proceedings are instituted under article 1124E or under any oth er
provision of law, by any beneficiary, a successor in title of s uch
beneficiary, a creditor of such beneficiary when such creditor may
exercise the rights of the beneficiary under applicable law, or  by
any other person whom the court considers to be entitled under the
relevant fiduciary obligation, as the case may be, and on the b asis
of the demands in the relevant proceedings. Where a third partyacquires any property under an onerous title or acquires rights  over
any property owned, held or registered in the name of a fiducia ry,
he shall not be prejudiced by any remedy granted by the court t o
any person as aforesaid:
Provided that the third party who acquires any property
pursuant to this sub-article was not aware of that he was deali ng
with a fiduciary.
(9) Fiduciary duties may, in particular cases, be implicitly
waived or varied in certain  circumstances, such as:
(a) the method of engagement of the fiduciary, in
particular where the fiduciary is engaged for two ormore purposes, functions  or offices or where the
fiduciary is engaged for a purpose, function or office
at the same time as when the fiduciary is granted anentitlement;
(b) the scope, purposes and contexts of the fiduciary
obligations imposed;
(c) the handing over of property, by delivery, registration
in name of another person, assignment or transfer, too r  f o r  t h e  b e n e f i t  o f  a  b e n e f i c i a r y ’ s  c r e d i t o r  f o r
purpose of security or other purpose which is distinct
from that of the beneficiary; or
(d) the manner of the acceptance or assumption or
undertaking of the fid uciary obligations.
(10) Where there is an express waiver of fiduciary obligations a s
stated in sub-article (4) or an implicity waiver as stated in s ub-article
(9), the fiduciary may, in case of doubt, apply for directions from the
competent court on how to act in the circumstances. The court s hall
  254     [CAP. 16.           CIVIL CODE
give due regard to the intentions of the person establishing or  imposing
the fiduciary obligations and to  the interests of both the fidu ciary and
the beneficiary.
Dealings with 
third parties 
aware of 
fiduciary obligations.
Added by:
XIII.2004 .40.
Amended by:
XXXVI.2018. 38.1124B.  (1) Where a third party is aware that a fiduciary is vested
with ownership, has registered in his name, holds, exercises co ntrol or
powers of disposition over property subject to fiduciary obliga tions,
third parties may, in good faith, act in relation to the fiduci ary as
though he were the absolute owner thereof.
(2) A third party who acquires property under an onerous title a s
provided for in sub-article (1) shall not be affected by the fi duciary
obligations to which the said property is subject, unless other wise
agreed upon.
(2A)  Where a third party acquires property under gratuitous tit le
as provided for in sub-article (1) from a fiduciary who acts inbreach of the fiduciary obligatio n or where the third party has
acquired property under gratuit ous title to the detriment of a
beneficiary, the third party shall be subject to the same fiduc iary
obligations which the fiduciary w as subject to, which shall tak e
effect when the third party beco mes aware or where he reasonabl e
ought to have become aware from the circumstances of the breachof the fiduciary obligations:
Provided that the fi duciary obligations w hich the third party
is subject to shall be limited to the extent of the breach or
unauthorised gain, unless the Co urt provides otherwise pursuant  to
any of the remedies in article 1124A:
Provided further that the performance of the fiduciary
obligations in accordance with the terms and conditions that th e
fiduciary is subject to shall not be considered to be gratuitou s for the
purpose of this article.
(3) A person dealing with a fiduciary in relation to property
subject to fiduciary obligations need not -
(a) enquire into the terms and conditions of his authority,
except in the case of a gratuitous transaction; or
(b) obtain the consent of the person to whom the fiduciary
duties are owed or any other person,
and shall, subject to being in good faith, be entitled to rely on
declarations made by the fiduciary with regard to his authority .
(3A) Any third party dealing with a fiduciary in a transaction
shall be entitled to enquire about the purposes of the fiduciar y
obligation, including the obliga tion of not exceed ing the value
raised by the transaction, or otherwise relating to the proprie ty
subject to the transaction or the applicability of the funds in
question.
(4) The fiduciary may furnish to any person dealing with him a
certificate containing the following information without being in
breach of any co nfidentiality obligations:
(a) that the authority exists, the date the relevant
instrument was executed and that the authority has not
CIVIL CODE  [CAP. 16.   
been revoked;
(b) a declaration that he is a uthorised to carry out the
transactions being entered into; and
(c) the identity and addr ess of the fiduciary.
( 5 ) A n y  f i d u c i a r y  w h o  i s s u e s  a ny certificate containing any
statement which he knows or ought to know is false shall be gui lty
of an offence and shall on conviction be liable to the punishme nt of
imprisonment for a term not ex ceeding two years or to a fine
(multa ).
(6) Where a fiduciary is vested with ownership, has registered
in his name, holds, exercises control or powers of disposition over
property informs a third party with whom he is dealing that he is
acting as a fiduciary, the third party is otherwise aware or sh ould
reasonably be aware, the fiducia ry shall not be personally liab le for
the obligations entered into with such third party, other than those
entered into in the exercise of his obligations. Where the thir d party
is unaware of the fiduciary obligations, the fiduciary shall, s ubject
to any terms which may have been  stipulated or which otherwise
apply under the applicable law, be personally liable to such th ird
party in respect of any obligation entered into.
(7) The fiduciary shall have a right of recourse against the
beneficiary where contemplated i n the provisions of this Code o r in
any special law, by way of indemn ity against such liability unl ess
he has acted in breach of his duties, in which case he shall no t be
entitled to be indemnified.
(8) A fiduciary shall be presumed to have all the powers at law
which are required for him to perform his fiduciary obligations
towards beneficiaries or purposes.
Property subject to 
fiduciary obligations and 
ownership.
Added by:
XXXVI.2018. 40.1124C.  (1) Where a person is vested with ownership, has
registered in his name, holds, exercises control or powers ofdisposition over property subject t o fiduciary obligations, suc h
property shall constitute a di stinct and separate patrimony,
consisting of all relative rights and obligations with respect thereto,
and such property shall not be subject to the claims or rights of
action of the fiduciary’s personal creditors, nor of his spouse  or
heirs at law, except as stated in the provisions of this Code o r of
special laws.
(2) Fiduciary ownership of property is ownership as
contemplated by Title II of Book Second of this Code in so far as
third parties are concerned, but which is modified by the provi sions
of this Title and any special la ws and other provisions of this  Code
which may be applicable, in so fa r as it is subject to obligati ons
towards and for the benefit of a nother person, referred to as a
beneficiary, or for the achievement of a purpose, or both. Suchmodifications imply restrictions and limitations on the right o f
ownership consistent with the pr ovisions of this Title, the spe cial
laws on trusts and other provisions of this Code.
  256     [CAP. 16.           CIVIL CODE
(3) Where property subject to fiduciary obligation is in the
possession of a fiduciary and owned by the beneficiary, the
provisions of this Code or of any other special law governing t heir
relationship shall apply in accordance with the terms and condi tions
established by the fiducia ry and the beneficiary:
 Provided that such terms and conditions may be
modified in terms of the provisions of this Title for the prote ction of
the beneficiary and, or the ac hievement of the obligation.
Retirement of a 
fiduciary and 
appointment of his successor.
Added by:
XXXVI.2018. 40.1124D . Where a fiduciary is vested with ownership of a property,
has it registered in his name, holds, exercises control or powe rs of
disposition over such property a nd for any reason, ceases to ac t as
fiduciary and is thereafter replaced by another fiduciary, the latter
shall continue to perform the same fiduciary obligations, as ma y be
applicable at the relevant time:
Provided that:
(a) the transfer of rights and obligations with respect to
the property subject to fiduciary obligations shall take
place in favour of beneficiar ies and third parties upon
the execution of a written  instrument between the
fiduciary ceding his fiduciary obligation and the
fiduciary replacing  him. The written instrument shall
specify the property subject to fiduciary obligations,and shall empower the new fiduciary to transfer all
rights and obligations, including possession and, or,
delivery of the property in favour of the beneficiaryand any third party, as the case may be, except as
stated in paragraphs (d) and (e);
(b) for any rights over immovable property to be validly
vested in the new fiduciary, the execution of a publicdeed shall be required;
(c) the sole consideration for the said transaction shall be
that referred to in article 958L, which shall apply
mutatis mutandis  in case of fiduciary obligations other
than those arising from trusts, and notwithstanding any
other law it shall not be required to state in the relative
instrument, including any public deed, the value of theproperty being transf erred or delivered;
(d) the provisions of this article shall also apply mutatis
mutandis  to the transfer of a cell from one organisation
to another or the constitution of a cell as a neworganisation under articles 20A or 20B of the Second
Schedule, as the case may be;
(e) all rights and obligations, including any contracts
which may be in force, shall continue to operate inaccordance with their terms with reference to the
property subject to fiduciary obligations and shall
accrue and be binding on th e new fiduciary upon the
transfer and, or delivery to  h i m  o f  t h e  p r o p e r t y  i n
CIVIL CODE  [CAP. 16.   
accordance with applicable law and any written
instrument regulating the fiduciary obligations and the
property subject to fiduciary obligation and thiswithout the need of any notice to or consent of any
other person except as provided in this sub-article or
applicable law;
(f) the fiduciary who ceases to act as a fiduciary shall no
longer be entitled to all the rights and powers and,
subject to paragraph (g), sha ll be released from all the
fiduciary obligations related  to the property subject to
fiduciary obligations, including any obligations under
any contracts, once he has carried out the transfer and
delivery of the property to the successor fiduciary after
obtaining all such consents a s are required to terminate
his engagement as fiduciary under any written
instrument and observing all formalities underapplicable law;
(g) the fiduciary who ceases to act as a fiduciary shall not
be released of his obligatio ns towards the beneficiary
with respect to any property subject to fiduciaryobligations he may not have transferred, delivered or
accounted for or which may come into his possession
thereafter or for any breach es of fiduciary obligations
when he was acting as fiduciary;
(h) the fiduciary who ceases to act as a fiduciary shall not
be released from any obligat ions towards third parties
which:
(i) he has expressly entered into in his own personal capacity
and interest and not in a fiduciary capacity; or
(ii) he is personally liable f or under the provisions of this
Title towards a third party who was not aware he was
acting as a fiduciary, unless the third party expressly
releases him from liability;
Cap. 331.(i) the appointment of another fiduciary, as aforesaid,
shall not be subject to the provisions on assignment of
rights nor constitute a novation under the provisions ofthis Code but shall be regulated by this article and the
provisions of the Trusts and Trustees Act, when
applicable;
(j) any undertaking, guarantee, hypothec, pledge or other
forms of security granted by the fiduciary or over or in
relation to the property shall not be affected in any
manner by the substitution of a fiduciary and shallcontinue to attach to the property in accordance with
its terms and the applicable law and when property
subject to a hypothec or privilege is the subject of atransaction where another fiduciary replaces a
fiduciary, the fiduciary  replacing the previous
fiduciary and the provisions of articles 2070 to 2083shall not apply:
  258     [CAP. 16.           CIVIL CODE
Provided that this paragraph shall not apply
where the retiring fiduciary is already a third party inpossession in which c ase articles 2070 t o 2083 shall apply;
(k) the fiduciary ceasing his functions or the replacing
fiduciary shall:
(i) notify interested third parties of such
substitution, at what time and to what extent, whileabiding with any confidentiality obligations regardingbeneficiaries and their interests;
(ii) where rights over immovable property
are subject to fiduciary obligations, execute a publicdeed with the fiduciary who has ceased to perform hisfiduciary obligations to record that the fiduciaryobligations relating to such property have beentransferred to another fiduciary. Nevertheless, if for anyreason the fiduciary ceasing his functions is not able toappear on such public deed and the property is in thepossession of the replacing fid uciary, the latter may state
s u c h  f a c t s  a s  a r e  k n o w n  t o  h i m ,  c o n f i r m  t h a t  s u c hproperty is in his possession and shall declare by meansof a written declaration or notification, his acquisition oftitle over the property and the undertaking of thefiduciary obligations. The transfer of ownership of suchproperty shall take place upon the execution of suchpublic deed and the same rules shall apply mutatis
mutandis  to other registered movable property by the
execution of a private writing and any applicableregistrations or notifications  as may be required by law;
(iii) in so far as any security forms part of the
property subject to fiduciary obligations and it is dulyregistered in the Public Registry, the new fiduciary shall,upon making a unilateral declaration relating to therelevant security, in accordance with the applicable law,register the substitution resulting from the writteninstrument between himself and the former fiduciary inthe said register;
(l) in cases where the substitution is ordered or approved
by a competent court or regulatory authority, then nofurther consent or agreements which may otherwise be
required under this article, applicable law or the
written instrument regulating the fiduciary obligations,shall be necessary;
(m) the fiduciary who has ceased to perform his functions
shall be entitled to be indemnified for liabilities,
expenses or losses he may incur with reference to theproperty subject to fiduciary obligations even after he
CIVIL CODE  [CAP. 16.   
has ceased to perform his functions except for any
breaches thereof;
(n) where a fiduciary dies in the course of performing his
fiduciary obligation:
(i) his universal heir who has reached
majority and is capable at law, or if more than one, eacho n e  o f  s u c h  h e i r s  s e v e r a l l y ,  s h a l l  b e  d e e m e d  t o  b eexecutors ex lege  of the property and shall immediately
transfer or deliver the property to a successor fiduciaryor the beneficiary;
(ii) should the heir fail to perform the duties
in sub-paragraph (i) within thirty (30) days, extendableby the Court, he shall be considered to be the temporarysuccessor fiduciary and sha ll have the same obligations
towards the beneficiaries as  the deceased fiduciary until
he performs his oblig ations as aforesaid;
(iii) should the heir be unable to perform his
duties in sub-paragraph (i) for any reason not
attributable to himself, he shall apply to the competentcourt providing the relevant information and seeking anorder as stated below;
(iv) when the deceased fiduciary has
appointed a testamentary exe cutor, the above duties, and
all relative powers to so act, shall bind only the executor,unless the executor is also a universal heir in which case
sub-paragraph (i) shall apply, such testamentaryexecutor shall be deemed to have all the necessarypowers for the purposes solely of recovering,transferring or returning the property to anotherfiduciary or to the beneficiary;
(v) notwithstanding the above, a
beneficiary, the heirs, the executor, as the case may be,may apply to the Court to confirm their powers or mayappoint an ad hoc testamentary executor at any time, toact for the estate of the deceased fiduciary for thepurposes of recovering, trans ferring or returning the
property to another fiduciary or the beneficiary and thecompetent court may confirm to which property suchpowers refer or may accede to such requestnotwithstanding any contestation of the will or hisappointment;
(vi) the successor fiduciary is the person:
A. designated in any instrument
  260     [CAP. 16.           CIVIL CODE
governing the fiduciary obligations; or
B. designated in accordance with any
applicable law; or
C. appointed by the Court for such
purposes, even if only temporarily for thispurpose, on the demand by application of anyinterested party;
(o) where the fiduciary is a legal person which is declared
bankrupt, dissolved or wound up, such obligations
shall bind the last directors jointly and severally or, ifa liquidator has been appointed, the liquidator, as the
case may be, and the provisions of paragraph (j) shall
apply mutatis mutandis ;
(p) where there is more than one fiduciary who holds,
exercises control or powers of disposition over
p r o p e r t y  f o r  a  b e n e f i c i a r y ,  s u c h  p r o p e r t y  s h a l l ,  b y
operation of law, consolidat e in the ownership of the
remaining fiduciary or fiduciaries on the death,
resignation or removal of a co-fiduciary. The
remaining fiduciary or fiduciaries shall execute aunilateral declaration by pu blic deed or other writing
in accordance with applicable law, which shall be
registered in the relevant register, so as to declare theconsolidation in his or their name of the title or control
of such property and the consolidation shall thereon
take place without the need  of any othe r formality.
Fiduciary action.
Added by:
XXXVI.2018. 40.
Amended by:
XXV .2019 .27.1124E.  (1) It shall be competent to any beneficiary, in order to
enforce fiduciary oblig ations owed to him, to exercise a right of
action on the basis of the provisions of this Title.
(2) The demand may be made together with any other action
available under the provisions of this Code or any other law an d
where such specific right of action is not exercised, the remed ies
contemplated herein may also be demanded by an additionalapplication to the Court, at any time of the proceedings until the
award of a final judgement by the competent court or the Court of
Appeal.
(3) In the case of a fiduciary obligation undertaken solely
for the achievement of a purpose and in the absence of anybeneficiary, the above right of action may be exercised by any person
or body granted the power to pro tect, supervise or enforce the
purpose in the instrument creating the obligation or, in the ca se of an
obligation undertaken by a public benefit organisation, also by  t h e
State Advocate.
Prescription.
Added by:
XXXVI.2018. 40.1124F.  (1) Notwithstanding any provision of this Code or any
other law, an action brought against a fiduciary, or a person
considered to be a fiduciary und er the provisions of article 11 24A -
CIVIL CODE  [CAP. 16.   
(a) in respect of any fraud or dishonesty to which such
person was a party or of which he had knowledge; or
(b) for the recovery from the fiduciary, or any person
considered to be a fiduciary as aforesaid, of anyproperty subject to fiduciar y obligations or previously
received by the fiduciary and converted to his use, or
for benefits or gains received as a result of breach ofduty,
shall not be barred by prescription, notwithstanding the
lapse of time.
The action shall not be barred by prescription irrespective of
whether it is brought against the  fiduciary by a beneficiary wh o has
suffered prejudice as a result of the behaviour of the fiduciar y in
relation to the same property or  property substituting the same .
(2) Notwithstanding the provisions of article 2140 and without
prejudice to article 2155, a fiduciary or any person considered  to be
subject to fiduciary obligations under this Title, shall not ac quire
any property held under fiduciary obligations by means of
prescription.
(3) Where the fiduciary or bene ficiary acts in bad faith under
the provisions of this Code, such act shall be sufficient for a n
action not to be barr ed by prescription.
(4) With the exception of the matters falling within the scope o f
the preceding sub-article for which there is no prescription, n o
action may be brought against a fiduciary by a beneficiary for
breach of other fiduciary obligat ions referred to in sub-articl e (4) of
article 1124A, after the lapse o f five years. Such period shall
commence -
(a) from the date of the delivery of a written account, or
part thereof, of the fiduciary activity to the
beneficiary; or
(b) from the date on which the beneficiary first had
knowledge of the occurrence of the breach of fiduciary
duty,
whichever is the earlier date:
Provided that, if the account or part thereof is itself
fraudulent or dishonest then, with reference to the account or the
relevant part, the period shall only commence on the date refer red to
in paragraph (b).
Fiduciary 
obligations towards a purpose.
Added by:
XXXVI.2018. 40.1124G . (1)When a fiduciary obligation is imposed or undertaken
solely to achieve a designated purpose or purposes, including i n the
case of a charitable trust o r a purpose foundation, without the re
being a beneficiary, such obligation shall be valid and enforce able,
and:
(a) where there is more than one person who is so bound,
their obligations shall be joint and several; and
  262     [CAP. 16.           CIVIL CODE
(b) in case of a foundation, the administrators of the
foundation shall be jointly and severally obliged to
perform the fiduciary obligations with the foundationitself.
(2) The provisions of this Title shall be applied mutatis
mutandis  and the obligations of the fiduciary shall be attributed
towards achieving the designated purpose in accordance with the
terms of the fiduciary obligation, any applicable law and theprovisions of this Title.
(3) When a fiduciary obligation is imposed or undertaken by
any religious organisation, Canon law and other legislation
governing religious organisations shall apply and in case of
inconsistency shall prevail over  the provisions of this Title.
Obligations of the 
beneficiary 
towards the 
fiduciary.
Added by:
XXXVI.2018. 40.1124H . (1)The beneficiary shall be bound towards the fiduciary:
(a) to perform all such obligations as are agreed by him in
writing or as may be established in the relative
instrument under which the fiduciary obligations ariseor as may arise under the applicable law;
(b) to pay the remuneration to, and all expenses incurred
by, the fiduciary as may be established in the relative
instrument under which the fiduciary obligations ariseor are governed;
(c) subject to the provisions of any special law or this
Code which exclude remuneration, where not
expressly agreed in the relevant instrument:
(i)  to pay such fees as are reasonable as is
established in agreement with all beneficiaries
who are of age or as may be established by the
Court; and
(ii)  the fiduciary may reimburse himself or pay out
of the property subject to fiduciary obligations
all expenses properly incurred by him in
connection with his duties, in which case thefiduciary shall notify the beneficiary, or the
persons required to be notified in the relevant
instrument or applicable law, of suchreimbursement in the manner and at the time
established by applicable law.
(2) The beneficiary must at all times act in good faith towards
the fiduciary irrespective of the manner by which or by whom th e
fiduciary has b een appointed.
(3) Subject to the terms of the instrument governing the
fiduciary obligations, the beneficiary shall, to the extent of the
property unless the beneficiary has agreed otherwise, indemnify  the
fiduciary for any liabilities the fiduciary may incur in the ca rrying
out of his fiduciary duties except to the extent that the fiduc iary is
guilty of negligence, wilful misconduct or fraud.
(4) Nothing in this article shall limit the rights or remedies o f
the fiduciary under this Code or any other law arising from bad
CIVIL CODE  [CAP. 16.   
faith or other harmful acts on the part of a beneficiary.
Directions from the 
Court.
Added by:
XXXVI.2018. 40.1124I . (1) A fiduciary may, at any time, apply to the Court for
directions regarding the per formance of his obligations.
(2) Upon such application the Court may issue any orders or
directions as it thinks fit.
Applicability of the 
provisions  of this 
Title.
Added by:
XXXVI.2018. 40.1124J.  In the application of the provisions of this Title the
following principles shall apply:
(a) when a fiduciary relationship is governed by particular
r u l e s ,  w h e t h e r  b e c a u s e  o f  the source and type of the
obligations or because of any special law, such
particular rules shall apply to the context and these
provisions shall apply as necessary to support theinterpretation of the said rules;
(b) it shall be presumed that these provisions operate
consistently with particular rules applicable to any
particular fiduciary relationship or obligation but, incase of inconsistency, the particular rules shall prevail
over the provisions of this Title;
(c) the provisions of this Title shall apply to all fiduciary
obligations, which exist at the time of the coming intoforce of these provisions, or any amendments thereof,
even if arising before such date, as well as any
fiduciary obligations arising thereafter:
Provided that such provisions shall not apply
retrospectively where their ef fect is to deny or restrict
any vested right or create any liability where such did
not occur under law prior to such provisions cominginto force;
(d) where a fiduciary obligation is vitiated by a breach or
attempted breach of law by the parties or any one of
them and is thereby render ed unenforceable due to the
falsity or illegality of the cause, the compliance by the
beneficiary or the fiduciary , or both, with such law or a
change in law resulting in the cause no longer beingfalse or unlawful, shall render the fiduciary obligation
enforceable with effect therefrom. In such cases, the
Court may give such interim orders it considersappropriate to ensure compliance with the law or to
prevent the further abuse by the parties or any one of
them.
Sub-title IV
OF THE EFFECTS OF OBLIGATIONS
Liability in case of 
non-fulfilment of obligation.1125.  Where any person fails to discharge an obligation which
he has contracted, he shal l be liable in damages.
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Obligation to give 
a thing includes 
obligation to 
preserve and deliver.1126. (1) The obligation to give a thing carries with it the
obligation to deliver the thing, and to preserve it until the d elivery.
(2) If the debtor is in default for delay in making the delivery ,
the thing shall be at his risk and peril, even though before su ch
default it was at the risk and peril of the creditor.
Non-performance 
of an obligation to 
do.1127.  In case of non-performance of an obligation to do, the
creditor may be authorized to cause the performance thereof
himself at the expense of the debtor.
Infringement of 
obligation to 
forbear to do.1128.  Where the obligation is to fo rbear to do, the debtor who
infringes the obligation is liabl e in damages for the mere fact  of
such infringement.
Rights of creditor 
where obligation to 
forbear to do is infringed.1129.  Saving his action for damages, the creditor may demand
that anything done in breach of the obligation be undone, and m ay
be authorized to undo it himself at the expense of the debtor.
When debtor is in 
default.1130. (1) Where the obligation is to give or to do, and a time is
fixed in the agreement, the debtor is in default by the mere la pse of
such time, saving, as regards th e payment of interest under art icle
1141, the provisions of that article.
(2) If no time is fixed in the ag reement, or if the time expires
after the death of the  debtor, the debtor or his heir is not pu t in
default except by an intim ation by a judicial act.
Liability for 
damages when time for 
performance of an 
obligation to give or to do expires.1131.  The debtor is also liable for damages if the thing which he
undertook to give or to do could only be given or done within acertain time, and he has suffe red such time to expire.
Degree of 
diligence required in the performance 
of an obligation.1132. (1) Saving any other provision of this Code relating to
deposits, the degree of diligence to be exercised in the perfor mance
of an obligation, whether the object thereof is the benefit of only
one of the parties, or of both, is, in all cases, that of a bonus
paterfamilias as provided in article 1032.
(2) This rule, however, is applied with a lesser or a higher
degree of strictness in certain  cases specified  in this Code.
Liability for 
damages in case of non-performance.1133.  The debtor, even though there has been no bad faith on his
part, shall be liable for damage s, where competent, both for th e
non-performance of the obligation as well as for the delay in t he
performance thereof, unless he p roves that the non-performance or
delay was due to an extraneous  cause not imputable to him.
No liability where 
non-performance 
was due to irresistible force.1134.  The debtor shall not be liable for damages if he was
prevented from giving or doing the thing he undertook to give o r to
do, or if he did the thing he was forbidden to do, in consequen ce of
an irresistible force or a fortuitous event.
Damages payable 
to creditor.1135.  Subject to the exceptions and  modifications hereinafter
specified, the damages due to the  creditor are, generally, in r espect
of the loss which he has sustained, and the profit of which he has
been deprived.
CIVIL CODE  [CAP. 16.   
Debtor liable only 
for damages which 
were or could have 
been foreseen.1136.  The debtor shall only be liable for such damages as were
or could have been foreseen at the time of the agreement, unles s the
non-performance of the obligation was due to fraud on his part.
Damages remote 
and contingent not 
recoverable.1137.  Even where the non-performance of the obligation is due
to fraud on the part of the debt or, the compensation in respect  of the
loss sustained by the creditor, and of the profit of which he w as
deprived, shall only include such  damages as are the immediate and
direct consequence of the non-performance.
Where agreement 
fixes sum payable 
as damages.1138.  Where the agreement provides  that the party who fails to
carry it out shall pay a certain  sum by way of damages, it shal l not
be lawful to award to the other party a greater or lesser sum.
Damages payable 
where obligation 
consists in the payment of a sum 
of money. 
Amended by: VI.1983
.4.1139.  Saving any other provision of l aw relating to suretyship or
partnership, where the subject-matter of the obligation is limi ted to
the payment of a determinate sum, the damages arising from thedelay in the performance thereof shall only consist in the inte rests
on the sum due at the r ate of eight per cent per annum.
Interest is due 
without necessity of proof of loss.1140.  The interest referred to in the last preceding article is due,
without the creditor being bound to prove any loss.
From what day 
interest is due.1141. (1) Where the obligation is of a commercial nature, or
the law provides that interest is to run ipso jure , interest shall be
due as from the day on which the obligation should have been
performed.
(2) In any other case, interest shall be due as from the day of an
intimation by a judicial act, even though a time shall have bee n
fixed in the agreement for the performance of the obligation.
Compound 
interest.1142.  The interest fallen due may bear other interest either, in
virtue of the foregoing provisions, from the day of a judicialdemand to that effect, or in virtue of an agreement entered int o
after the interest has fallen du e, provided, in either case, in terest be
due for a period not less than one year.
Actio  debitor  
debitoris mei.1143.  I t  s h a l l  b e  c o m p e t e n t  t o  a n y  c r e d i t o r  i n  o r d e r  t o  o b t a i n
what is due to him to exercise any right or action pertaining t o his
debtor, with the exception of such rights or actions as areexclusively personal.
Actio Pauliana.
Cap. 12.1144. (1) It shall also be competen t to any creditor in his own
name to impeach any act made by th e debtor in fraud of his clai ms,
subject to the right of the defendant to plead the benefit of
discussion under the provisions of articles 795 to 801 of the Code
of Organization and Civil Procedure .
(2) Where such acts are under an  onerous title, the creditor
must prove that there was fraud on the part of both contracting
parties.
(3) Where such acts are under a gratuitous title, it shall be
sufficient for the creditor to p rove fraud on the part of the d ebtor 
(4) The action competent to the creditors under this article
cannot be exercised against minors, except to the extent of any
benefit which they may have derived, saving any other right ofaction competent to the creditors against any tutor who may hav e
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taken part in the fraud.
Sub-title V
 OF THE MODES OF EXTINCTION OF OBLIGATIONS
How obligations 
are extinguished.1145.  Saving the effects of the resolutive condition, and those
of prescription, obligations are extinguished by - 
(a) payment; 
(b) novation;
(c) remission of the debt; 
(d)s e t - o f f ;
(e)m e r g e r ;
(f) the loss of the thing;
(g) rescission.
§ I. OF PAYMENT
OF PAYMENT IN GENERAL
Definition of 
payment.1146.  Payment means the performan ce of an obligation, whether
the subject-matter of the obligation is to give or to do.
Payment implies 
debt.1147. (1) Every payment implies a debt, and what is paid
without being due may be recovered.
(2) Nevertheless no action for rec overy shall lie if the payment
was made in discharge of a natural obligation.
By whom payment 
may be made.1148. (1) An obligation may be extinguished by payment
made by any person concerned in it, such as a co-obligor or a
surety.
(2) An obligation may also be extinguished by payment made
by a third party not concerned in the obligation, provided such  third
party acts in the name and for the discharge of the debtor, or,  if he
acts in his own name, provided he shall not be subrogated to th e
rights of the creditor.
Creditor cannot 
refuse payment by third party.1149. (1) A creditor cannot refuse payment tendered by a third
party, if the debtor is benefited thereby.
(2) The same rule shall be applicable even in the case of an
obligation to do, provided, in such case, the creditor is notinterested in having the obligation performed by the debtor him self,
and the performance is offered by the third party at the reques t of
the debtor.
CIVIL CODE  [CAP. 16.   
Where payment 
transfers the 
property of the 
thing.1150. (1) Where the payment has for its object the transfer to
the creditor of the property of the thing paid, such payment sh all
not be valid unless it is made by the person who is the owner o f the
thing.
(2) Nevertheless, the payment o f a sum of money, or of some
other thing which is consumed by use, cannot be recovered fromthe creditor who has consumed such sum or thing in good faith,
although the payment has been made by a person who was not the
owner of the money or thing.
Annulment of 
payment made by person incapable of 
alienating.1151.  Any payment made by a person incapable of alienating
may, in the interest of su ch person, be annulled.
To whom payment 
must be made.1152. (1) Payment must be made to t he creditor, or to a person
authorized by him, or by the c ourt or by law , to receive it.
(2) A payment made to a pers on not so authorized becomes
valid if the creditor ratifi es it or benefits thereby.
Payment made in 
good faith to person in 
possession of debt.1153.  Payment made in good faith to a person who is in
possession of the debt is valid, even though the possessor hassubsequently suffered evicti on in respect of the debt.
When payment 
made to creditor 
incapable of 
receiving it , is 
valid.1154.  Payment made to the creditor is not valid if he is under any
disability to receive payment, unless the debtor proves that th e
thing paid was applied to the  benefit of such creditor.
Payment by debtor 
in contravention of 
garnishee order , 
etc.1155.  Payment made by a debtor to his creditor in contravention
of a garnishee order, or any other order of the court shall not  be
valid with regard to the persons in whose favour the order was
issued or given; and such persons may, so far as their rights a re
concerned, compel the debtor to pay again, saving his remedy
against the creditor.
Creditor cannot be 
compelled to 
receive a different 
thing, or a part-
payment.1156.  A creditor cannot be compelled to receive a thing different
from that which is due to him, although the value of the thing
tendered is equal, or even great er; or to receive payment of pa rt of
the debt, although the debt is divisible.
Delivery of a 
certain and 
determinate thing.1157.  The debtor of a certain and determinate thing is discharged
by delivering it in the condition in which it is at the time of
delivery, provided he was not i n default for delay before any
deterioration supervened, and su ch deterioration was not caused
through the fault of the debtor or of other persons for whom he  is
responsible.
Delivery of thing 
determinate only as 
to its species.1158.  Where the debt relates to a thing which is only determinate
as to its species, the debtor, in order to be discharged, is no t bound
to deliver a thing of the best quality, but he cannot deliver a  thing
of the worst quality.
Where payment is 
to be made.1159. (1) Payment must be made at  the place specified in the
contract.
(2) If no place is specified, a nd the thing due is certain and
determinate, payment must be made at the place where the thing
forming the subject-matter of the payment was at the time of th e
  268     [CAP. 16.           CIVIL CODE
contract.
(3) Where the thing to be given in payment is a sum of money
or any other thing which can, without expense, be carried or se nt,
and both the creditor and the debtor reside in the same island,
payment must be made at th e house of the creditor.
(4) In any other case payment must be made at the place of
abode of the debtor.
Presumption of 
payment in the 
case of rent , 
interest or other 
periodical payments.1160.  In the case of rent, interest, or other periodical payments,
if it appears from receipts that the debtor has paid the sums f alling
due at three consecutive periods , without any reservation as to
sums fallen due previously, the latter sums shall be presumed t o
have been paid.
Presumption of 
payment in other 
cases.1161. The debt shall likewise be presumed to have been paid if -
(a) a general account has been taken between the parties
of what is due by the one to the other, at least three
times after the debt fell due, without any mention ofsuch debts or any other reservation including it; and
(b) the demand in regard to such debt is made after the
death of the debtor, or after a period of not less than
three years from the day of the acquittance relating to
the last general account.
Inapplicability of 
presumption.1162.  In each of the cases mentioned in the last two preceding
articles, the presumption of payment shall not arise if there a re
circumstances from which it appears improbable that the debt wa s
paid, or from which it appears that there was some good reason for
not making a mention of the debt on the occasion of the payment s
or accounts made or taken after the debt became due.
Expenses relating 
to payment.1163. (1) The expenses relating to the payment shall be at the
charge of the debtor.
(2) The payer may require that the acquittance be, at his
expense, recorded i n a public deed.
OF PAYMENT WITH SUBROGATION
Where payer is 
subrogated to 
rights of creditor.1164.  A person who pays the debt of another person shall not be
subrogated to the rights of the creditor except in virtue of an
agreement, or by op eration of law.
Subrogation by 
agreement.1165. (1) The payer shall be subrogated to the rights of the
creditor, by  agreement -
(a) when the creditor subrogates the payer to all his rights
against the debtor, provided such subrogation is
expressly stated, and made simultaneously with thepayment;
CIVIL CODE  [CAP. 16.   
(b) when the debtor borrows a sum for the purpose of
discharging his debt, and of subrogating the lender to
the rights of the creditor:
  Provided that such subrogation shall not be valid
unless -
(i) the loan and the discharge are made by a public
deed,
(ii) it is stated in the deed of loan that the sum has
been borrowed in order to discharge the debt,and
(iii) it is stated in the discharge that the payment has
b e e n  m a d e  w i t h  t h e  m o n e y  f u r n i s h e d  f o r  t h e
purpose by the new creditor.
(2) The subrogation referred to in paragraph  (b) of sub-article
(1) of this article shall take pla ce independently of the conse nt of
the creditor.
Subrogation by 
operation of law.1166.  Subrogation takes place by ope ration of law in favour
of -
(a) any person who, being himself a creditor, satisfies
another creditor having prior rights, by reason of
privilege or hypothec;
(b) any person who, having acquired any immovable
property, employs the price in paying the creditors
having hypothecar y rights thereon;
(c) any person who, being bound with others or for others
for the payment of the debt, had an interest indischarging it;
(d) any heir with the benefit of inventory who, with his
own money, has satisfied d ebts of the inheritance.
Subrogation takes 
place both against 
sureties and 
debtors.1167.  Subrogation, whether by agreement or by operation of law,
takes place against both the sureties and the debtors; but shal l not
operate to the prejudice of the creditor when he has only been paid
in part; and, in any such case, the creditor may claim the bala nce
due to him in preference to the person from whom he shall have
received the part payment.
OF APPROPRIATION OF PAYMENTS
Debtor may apply 
payment to the discharge of a 
particular debt.1168. (1) It shall be competent to any debtor owing several
debts to declare, in making a payment, that such payment is to be
applied to the discharge of a particular debt.
(2) Nevertheless, the debtor may not, without the consent of the
creditor, appropriate the payment to a debt which has not falle n due
in preference to a debt which ha s fallen due, in any case in wh ich
the time for the discharge of the former debt is presumed to ha ve
been agreed upon a lso in favour of the creditor.
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(3) Nor may he appropriate the payment to the rent or interest
accruing due in respect of subse quent years in preference to th e
rent or interest accrued due in respect of preceding years.
Debt bearing 
interest.1169. (1) The debtor of a capital sum bearing interest cannot,
without the consent of the creditor, appropriate the payment to  the
principal in prefere nce to the interest.
(2) Any part-payment made gen erally on account of principal
and interest shall be first applied to the discharge of the int erest. 
Where debtor 
accepts receipt containing 
appropriation made 
by creditor.1170.  Where a debtor, owing several debts, accepts a receipt in
which the creditor has expressly applied the payment to a parti cular
debt, he may not demand that the payment be applied to any othe r
debt, unless there has been fraud or surprise on the part of th e
creditor.
Rules as to 
appropriation of 
payments.1171.  Subject to the provisions of the foregoing articles, where
no appropriation is made in the act of payment, the following r ules
shall be observed:
(a) the payment shall be applied to an undisputed debt in
preference to a disputed debt;
(b) in case of several undisputed debts, the payment shall
be applied to the debt alread y fallen due at the time of
payment in preference to the debts not yet fallen due,unless amongst the latter debts there is a debt for
which the debtor is liable to personal arrest, in which
case the payment shall be appropriated to such debt,provided the time for paym ent was not agreed upon
also in favour of the creditor;
(c) with regard to debts fallen due, the payment shall be
appropriated to a debt for w hich the debtor is liable to
personal arrest, or, in the absence of any such debt, to
a debt bearing interest, in p reference to o ther debts;
(d) the payment shall be appropriated to a debt secured by
suretyship in preference to another debt not so
secured; and to a privileged or hypothecary debt in
preference to a debt not secured by privilege orhypothec;
(e) the payment shall be applied to the debt which the
payer owed as the principal or the sole obligor in
preference to a debt owing by him as surety for othersor as a joint and several debtor;
(f) in any case not expressly pr ovided for in the preceding
rules, the appropriation shall be made to the debt
which, at the time of payment, the debtor had thegreatest interest in discharging;
(g) where the debtor has no interest in discharging a
particular debt in preference to another, the
appropriation shall be made to the oldest debt: and in
the case of several debts contracted on the same day,
and falling due at different times, the debt first fallen
due shall be deemed to be the oldest;
CIVIL CODE  [CAP. 16.   
(h) if all things are equal, the payment is applied in
discharge of each deb t proportionately.
Rules as to 
appropriation 
where creditor 
obtains payment by causing sale of 
thing charged with 
debt.1172.  Where the creditor obtains payment by causing the sale
of a thing charged with privilege or hypothec in security of hi s
claim, and receiving the proceeds thereof, the following rules shall
be observed:
(a) the appropriation shall be made to the debt secured by
privilege or hypothec in preference to any other debt,
even if the debtor may h ave a greater interest in
discharging such other debt;
(b) if the thing was charged with a privileged and with a
hypothecary debt, the approp riation shall be made to
the privileged debt; and if it was charged with several
hypothecary debts, the payme nt shall be applied to the
debt secured by the oldest hypothec;
(c) if all things are equal, the payment is applied in
discharge of each deb t proportionately.
OF TENDER OF PAYMENT AND OF DEPOSIT
When debtor can 
deposit sum or thing due. 
Cap. 12.1173. (1) Where the creditor refuses to receive payment, the
debtor, or the person who can legally make payment, may, at theexpense of the creditor, deposit the sum or thing due in the ma nner
laid down in the Code of Organization and Civil Procedure
.
(2) A deposit validly made shall be equivalent to payment, and
the thing deposited shall rema in at the risk of the creditor.
Deposit to be 
preceded by refusal 
of valid tender.1174. ( 1 ) T h e  d e p o s i t  s h a l l  n o t  p r oduce the effects stated in
the last preceding article unless  it has been preceded by the r efusal
of a valid tender.
(2) The tender may be made even verbally.
(3) The payment so tendered shall  be deemed to be refused if it
is not accepted within the time of four days from the day of th e
tender.
(4) The time shall be of eight days, if one of the parties resid es
in Malta and the other in Gozo or Comino.
Conditions of a 
valid tender.1175. A tender shall only be valid if -
(a) it is made to the creditor capable of receiving payment
or to a person authori zed to receive for him;
(b) it is made by a person capable of paying;
(c) it includes the whole sum due for capital and accrued
interest, and liquidated costs , and a further sum for the
unliquidated cost with a reservation to make up any
deficiency;
(d) the time, when stipulated in favour of the creditor, has
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elapsed;
(e) the condition under which the debt was contracted, is
fulfilled;
(f)  it is made at the place where under the agreement, or,
in the absence of an agreement, according to law,payment is to be made.
When deposit may 
be withdrawn.1176. (1) A deposit, so long as it is not accepted by the
creditor, may be withdrawn by the debtor, unless it shall have been
attached by a garnishee order su ed out by the creditor or any o ther
person.
(2) Where the debtor withdraws the deposit, his co-debtors or
sureties are not discharged.
Where debtor has 
obtained a 
judgement declaring deposit 
to be valid.1177.  Where the debtor has obtained a judgment declaring the
deposit to be valid, he can no longer, not even with the consen t of
the creditor, withdraw the depos it to the prejud ice of his co-d ebtors
or sureties.
Where creditor 
consents to withdrawal of 
deposit declared 
valid.1178.  The creditor who has allowed the debtor to withdraw the
deposit after it had been declared valid, can no longer, for th e
payment of the debt due to him, enforce any privilege or hypoth ec
with which such debt was secured; and such creditor shall no
longer enjoy a right of hypothec except from the day on which t he
act whereby he agreed to the withdrawal of the deposit, being a n
act made with the formalities n ecessary for creating a hypothec  and
for being registered in the Publ ic Registry, shall have been so
registered.
§ II. O F NOVATION
When novation 
takes place.1179.  Novation takes place - 
(a) when the debtor contracts towards his creditor a new
debt, and this is substituted for the old one which is
extinguished;
(b) when a new debtor is substituted for the old one, who
is discharged by the creditor;
(c) when, in virtue of a new obligation, a new creditor is
substituted for the old one in regard to whom the
debtor is discharged.
By whom novation 
can be made.1180. (1) Novation can only be effected between persons
capable of contracting.
( 2 ) I t  i s  n o t  t o  b e  p r e s u m e d ;  t h e  i n t e n t i o n  t o  e f f e c t  i t  m u s t
clearly appear.
(3) Novation by the substitution of a new debtor, may be
effected without the concurr ence of the former debtor.
CIVIL CODE  [CAP. 16.   
No novation , 
unless former 
obligation is extinguished.1181. (1) Novation shall not take place if the former
obligation is not extinguis hed, although it is modified.
(2) The mere indication made by a debtor of a person who is to
pay in his stead shall not operate as novation.
(3) Nor shall the mere indication made by a creditor of a person
who is to receive in his behalf operate as novation.
Acceptance of 
securities in 
consideration of a 
former debt does not produce 
novation.1182. (1) The acceptance of notes or other negotiable
securities in consideration of a former debt shall not operate as
novation unless it appears clearly from other circumstances tha t it
was intended to extinguish such former debt.
(2) Nor shall novation take place in respect of a debt which was
originally of a commercial natur e, merely on the ground that su ch
debt is subsequently recorded in a notarial instrument, and sec ured
by a hypothec.
When delegation 
does not operate as 
novation.1183.  The delegation by which a debtor gives to the creditor
another debtor, who binds himself towards the creditor, shall n ot
operate as novation, unless the creditor has expressly declared  his
intention to release the de btor making the delegation.
Insolvency of 
person delegated.1184.  The creditor who has released the debtor making the
delegation shall have no relief against such debtor if the pers on
delegated becomes insolvent, unless the creditor has expressly
reserved his rights to that effect, or the person delegated was , at the
time of the delegation, already insolvent or bankrupt or about to
become bankrupt.
Privileges , etc. 
securing former 
debt not to extend to substituted debt. 1185.  Any privilege or hypothec secu ring the former debt shall
not extend to the substituted debt unless the creditor has made  an
express reservatio n to that effect.
Property of new 
debtor not affected by original 
privileges, etc.1186.  Where novation takes place by the substitution of a new
debtor, the original privileges and hypothecs securing the debt  shall
not affect the propert y of the new debtor.
Novation between 
creditor and one of 
the joint and several debtors.1187.  Where novation takes place between the creditor and one
of the joint and several debtors, the privileges and hypothecs of the
former debt may only be reserved  as a charge on the property of  the
party contracting the new debt.
Effects thereof. 1188. (1) The novation between the creditor and one of the
joint and several debtors shall release the other co-debtors, s aving
the right of relief competent to the debtor contracting the new
obligation against the co-debtors in respect of their share of the
former debt discharged by him.
(2) A novation which takes place in respect of the principal
debtor shall discharge the sureties.
(3) Nevertheless, where the creditor demands the concurrence
of the co-debtors in the case referred to in sub-article (1) of  this
article, or the concurrence of t he sureties in the case referre d to in
sub-article (2) of this article , and such co-debtors or suretie s refuse
to accept the new agreement, the  former debt shall continue to
subsist.
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Pleas which may 
be set up by the 
delegated debtor 
against his new creditor.1189. (1) A delegated debtor who has accepted the delegation
cannot set up against his new creditor such pleas as he could h ave
set up against his original creditor, saving his right of relie f against
the latter.
(2) The provisions contained in s ub-article (1) of this article
shall not apply where the person making the delegation intended  by
such delegation to make a gift to the person in whose favour th e
delegation was made.
(3) Nor shall the said provisions apply with regard to pleas
depending on the condition of a person, such as the condition o f a
minor, provided such condition existed at the time when the per son
delegated accepted the delegation.
§ III. O F THE REMISSION OF DEBTS
Remission in case 
of joint and several 
debts.1190. (1) A remission or conventional discharge in favour of
one of the joint and s everal debtors shall discharge all the ot her co-
debtors, unless the creditor sha ll have made an express reserva tion
of his rights against them.
(2) Where such reservation is made, the creditor, in claiming
the debt, shall be bound to ded uct the share of the release.
Effects of 
remission in regard 
to the surety.1191. (1) A remission or conventional discharge in favour of
the principal debtor shall discharge the surety.
(2) The release of the surety shall not discharge the principal
debtor.
(3) The release of one of the sureties shall not discharge the
other co-sureties except to the extent of the share in respect of
which they were entitled to seek relief against the co-surety s o
released.
Creditor to deduct 
from debt anything 
received from surety as 
consideration for 
release.1192.  Anything which the creditor has received from the surety
to release him from his undertaking shall be imputed to the sum
due, in discharge of the princip al debtor and th e other suretie s.
When surrender of 
instrument creating 
debt implies release.1193. (1) The voluntary surrender of the original instrument
creating the debt, made by the creditor to the debtor, shall ra ise a
presumption of release, unless it  is proved that the surrender was
made for some purpose other than  that of discharging the debtor .
(2) The surrender of the aforesaid instrument made to one of
the joint and several debtors, p roduces the same effect in favo ur of
the other co-debtors.
Absence of 
reservation of a 
debt in an acquittance 
relating to another 
debt. 1194.  The mere absence of the reservation of a debt in an
acquittance relating to another debt shall not operate so as to  raise a
presumption of the remis sion of the former debt.
CIVIL CODE  [CAP. 16.   
Surrender of 
pledge.1195.  The surrender of the pledge shall not be sufficient to raise
a presumption of the r emission of the debt.
§ IV.O F SET-OFF
When set-off takes 
place.1196. (1) Where two persons are mutual debtors, a set-off
takes place between them.
(2) Set-off operates ipso jure , and even without the knowledge
of the debtors. The moment two debts exist simultaneously, they
are mutually extinguished to the extent of their correspondingamounts.
Between which 
debts set-off takes place.1197. (1) Set-off shall only take p lace between two debts both
of which have for their subject-matter a sum of money or adeterminate quantity of fungibles of the same kind, and which a re
both for a liquidated amount and exigible.
(2) A debt shall be deem ed to be for a liquidated amount if it i s
certain even with respect t o the quantity thereof.
Time for payment 
not to bar set-off.1198.  Time for payment gratuitously  granted shall not operate so
as to bar a set-off.
When set-off does 
not take place.1199.  Set-off takes place whatever  may be the consideration of
either of the debts, excep t in the following cases:
(a) when a demand is made for the restoration of a thing
of which the owner was unjustly deprived;
(b) when a demand is made for the return of a deposit, or
of a loan for use or commodatum ;
(c) in the case of a debt in respect of maintenance not
subject to attachment.
Surety can plead 
set-off.1200. (1) It shall be competent to a surety to plead the set-off
of what the creditor owes to the principal debtor.
(2) It shall not be lawful, however, for the principal debtor to
plead the set-off of what the c reditor owes to the surety.
(3) A joint and several debtor ma y not plead the set-off of what
is due by the creditor to a co-debtor except in respect of the share
of such co-debtor.
Where debtor 
accepts assignment 
of debt.1201. (1) Where a creditor has assigned his rights to a third
party, and the debtor has unreservedly and unconditionally
accepted such assignment, such debtor may no longer set up agai nst
the assignee any set-off which,  before his acceptance of the
assignment, he could have set  up against the assignor.
(2) Where, however, the assi gnment was not accepted by the
debtor, but notice thereof was served upon him, the assignment
shall not be a bar to the set-of f except with regard to such de bts as
are subsequent to the notice.
  276     [CAP. 16.           CIVIL CODE
Where same 
person owes 
several debts 
which may be set off.1202 . Where one and the same person has several debts which
may be set off, the provisions of articles 1168, 1169 and 1171
relating to the appropriation of payments shall apply to the se t-off.
Set-off does not 
affect rights of third party.
Amended by:
VIII.2007
.14.1203. (1) Set-off shall not take place to the prejudice of the
rights acquired by a third party.
(2) A person who, being a debtor , becomes a creditor after the
debt has been attached in his hands by a garnishee order sued o ut
by a third party, cannot set up a  set-off to the prejudice of t he party
suing out the order:
Cap. 12.Provided that nothing in this ar ticle shall prohibit a set-off of a
credit arising in the course of the granting of facilities refe rred to in
article 381(1)( f), (g) and ( h) of the Code of Organization and Civil
Procedure .
Payment of a debt 
which was 
extinguished by a set-off.1204. A person who has paid a debt owing by him which,
according to law, was extinguished by a set-off, may not in sui ng
for the payment of the claim owing to him in respect of which h e
failed to plead the set-off, en force, to the prejudice of third  parties,
any privilege, hypothec or other security attached to his claim ,
unless he had good grounds for not being aware of the claim whi ch
would have set off his debt.
§ V. OF MERGER
When merger takes 
place.1205.  Where the condition of creditor and that of debtor become
united in the same person, a mer ger takes place by operation of  law
and both the claim and the  debt are ex tinguished.
Merger benefits 
surety.1206. (1) The merger which takes place in the person of the
principal debtor, shall benefit the sureties.
(2) The merger which takes place in the person of the surety,
shall not produce the extinguishment of the principal obligatio n.
(3) The merger which takes place in the person of one of the
joint and several debtors, shall  not benefit the other co-debto rs
except to the extent of the share for which such co-debtor was
liable.
§ VI. O F THE LOSS OF THE THING DUE
When loss of thing 
extinguishes 
obligation.1207. (1) Where a certain and determinate thing forming the
subject-matter of an obligation perishes, or is placed extra
commercium , or is lost so that it is absolutely not known whether it
exists, the obligation is extinguished, provided the thing peri shes or
is placed extra commercium  or is lost without the fault of the
CIVIL CODE  [CAP. 16.   
debtor, and before he is in default for delay.
(2) Even where the debtor is in  default for delay but has not
assumed the risk of fortuitous events, the obligation is exting uished
if the thing would have equally perished in the possession of t he
creditor if it had b een delivered to him.
( 3 ) T h e  d e b t o r  m u s t  p r o v e  t h e  f o r t u i t o u s  e v e n t  w h i c h  h e
alleges.
(4) Whatever may have been the manner in which a thing
stolen perished or was lost, its loss shall not exempt the pers on
stealing it from the obliga tion of restoring its value.
Debtor to assign 
rights of action to creditor.1208.  Where the thing perishes or is placed extra commercium  or
is lost without the fault of the debtor, the debtor is bound to  assign
to the creditor any right or action for damages, to which he ma y be
entitled in respect  of such thing.
§ VII. O F RESCISSION
Effects of 
rescission.1209. (1) The rescission of a contract shall, unless the law
provides otherwise, op erate so as to restore the parties to the
condition in which they were before the contract.
(2) Each party shall be bound to restore to the other any thing
received or obtai ned in consequence or by virtue of the contrac t.
(3) With regard to the fruits co llected or the interest received
up to the date of the demand for rescission, the court may, hav ing
regard to the circumstances of the case, direct a set-off of su ch
fruits or interest.
(4) Where the contract is rescinded on the ground of fraud or
violence, the party guilty of suc h fraud or violence shall also  be
bound to restore to the other party the fruits which might have  been
collected, and which, through h is fault or negligence, have not  been
so collected.
Rescission to 
operate against third parties.1210. (1) Rescission shall operate also against third parties in
possession.
(2) It annuls any right or burden  which may have been granted
or imposed over or on the thing which, in consequence of therescission, is to be restored.
When rescission is 
demanded in respect of a part 
only of the 
instrument.1211. (1) Where an instrument contains several parts
independent of each other, it shall be lawful to demand therescission of one of such parts only.
(2) Where the several parts of the instrument are in any way
connected with each other, and the plaintiff has sued for the
rescission of one part only, it shall be lawful for the defenda nt to
demand, against the plaintiff or, if there are other parties in terested
in the parts not included in the action, against such other par ties,
the rescission of the whole inst rument, or of all such parts as  are
  278     [CAP. 16.           CIVIL CODE
connected with each other.
Grounds of 
rescission. Amended by: 
LVIII.1975.6.1212.  Any agreement which is defect ive by reason of the absence
of any of the conditions essential to the validity of contracts , or
which is expressly declared by la w to be null, shall be subject  to
rescission.
Rescission on the 
ground of lesion. 
Amended by: LVIII.1975.7.1213.  Rescission on the ground of lesion cannot be demanded by
a person who has attained majority.
Minors. 1214. (1) With regard to minors, lesion shall be a good ground
for rescission, in any kind of a greement not expressly excepted  by
law, and whatever the extent of the lesion, unless it is of ver y small
consequence.
(2) Nevertheless, it shall not be competent even to a minor to
sue for rescission on the ground of lesion where such lesion is  the
effect of a fortuitous and unforeseen event.
Other cases of 
lesion in the case 
of minors.1215.  Rescission on the ground of les ion shall also be allowed in
favour of a minor if, although no actual loss to his prejudice is
made to appear, it is shown that the agreement renders him liab le to
litigation or to considerable expense, or causes to him the los s of
any advantage to whi ch he was entitled.
Where both 
contracting parties 
are minors.1216. It shall be competent to a minor to exercise the rescissory
action on the ground of lesion even though the other party to t he
agreement be also a minor.
Where minor 
declares that he is 
of age.1217. (1) The mere declaration made by a minor that he is of
age shall not operate to deprive him of the right to sue for
rescission.
(2) Nevertheless, it shall not be lawful for a minor to impeach
his obligation on the ground of his disability to contract, if he is
guilty of misrepresentation calcu lated to lead others to believ e that
he is capable of contracting, and  has, by such means, deceived the
other party.
Cases where 
minors cannot 
demand rescission , 
except where such 
right would be 
competent to 
majors. Cap. 13.1218.  Where the agreement is one with regard to which a minor
is, under the provisions of the Commercial Code , considered to be
of age, or is entered into by the minor by reason of his trade,  or
where the obligation arises out of tort or quasi-tort, in such cases
the minor cannot demand the rescission of the contract except i n
those cases in which it is compe tent also to a person of age to
demand it, saving in the case of tort or quasi-tort, the provis ions of
articles 1035 and 1036.
Where minors are 
considered as 
being of age.1219.  Where the formalities prescribed with regard to any act of
a minor or person interdicted, o r to any act which concerns a m inor
or person interdicted, have b een observed, or where the acts
performed by the tutor or curat or do not exceed the limits of h is
administration, the minor or person interdicted shall, with reg ard to
such acts, be considered as being of age or not interdicted, sa ving,
where competent, his right of re lief against the tutor or curat or.
CIVIL CODE  [CAP. 16.   
Disability to 
contract in cases of 
tort or quasi-tort. 
Substituted by: XLVI.1973.67.1220. Disability to contract shall not be a good ground for the
rescission of the obligation of a person interdicted if the obl igation
arises out of tort or quasi-tort.
Extent of 
reimbursement by minors and persons 
interdicted. 
Amended by: XLVI.1973.68.1221. (1) Where minors or persons interdicted are entitled to
sue for the rescission of their obligations on the ground of th eir
disability, it shall not be competent to claim the reimbursemen t of
what was paid to them in pursuance of such obligations during t he
time of minority or interdiction, except to the extent of the a mount
accrued to their benefit.
(2) The provisions of this articl e shall also be applicable in t he
case referred to in article 1216.
Limitation of 
rescissory action 
on the ground of 
violence , error, 
etc. 
Amended by: XLVI.1973.69.  1222. (1) Save where the law in any  particular case prescribes
a shorter period, the right to bring an action for the rescissi on of a
contract on the ground of violence, error, fraud, or the disabi lity of
a person interdicted, or minor, shall be barred on the expirati on of
two years.
(2) The same rule shall apply with regard to any obligation
which is without consideration, or is founded on a false
consideration.
Day from which 
period of limitation 
begins to run.1223. (1) The said period of limitation shall only begin to run,
in the case of violence, from th e day on which the violence has
ceased, and, in the case of error,  fraud or false consideration , from
the day on which the defect was discovered.
(2) In the case of an obligation without consideration the
period shall run from the day of the contract.
Limitation of 
rescissory action in other cases. 1224.  In any other case not provided for in the last two preceding
articles, the right of action for the rescission of an obligati on shall
be barred on the expiration of the period of five years from th e day
on which such right may be exerci sed, irrespectively of the sta te or
condition of the person to whom such right is competent, savingany other provision of this Code.
Right of action 
passes to heirs.1225. The right of action for resci ssion shall pass to the heirs:
Provided that they cannot exercise such right except within the
time which was still available t o their predecessors, saving an y
other provision of law relating to the interruption or suspensi on of
prescription.
Plea of nullity. 1226. (1) The plea of nullity may at any time be set up by the
party sued for the performance of the contract in all cases in which
such party could have brought an action for rescission.
(2) Such plea is not subject to the prescription established in
articles 1222 and 1224.
Affirmation or 
ratification of 
obligation.1227.  The affirmation or ratification of an obligation against
which an action or plea of rescission on the ground of nullity or on
any other ground was competent shall produce its effects betwee n
the contracting parties without prejudice to the rights of thir d
parties.
  280     [CAP. 16.           CIVIL CODE
When affirmation 
or ratification 
implies waiver of 
rescissory action. 1228. The affirmation or ratification shall not imply a waiver of
the action for rescission unless it is shown that the party aff irming
or ratifying was aware of the def ect giving rise to such action . 
Affirmation or 
ratification may 
take place tacitly.1229.  Saving the provisions of the last preceding article, the
affirmation or ratification may take place tacitly by the volun tary
performance of the oblig ation against which an action of rescis sion
is competent according to law, or by any other act disclosing a n
intention to give effect to the obligation.
Affirmation or 
ratification of act 
which the law expressly annuls 
for want of 
formalities.1230.  Saving any other special provision of the law, the
affirmation or ratification of any act which the law expressly
annuls for want of the requisite formalities, shall not validat e such
act, unless the affirmation or r atification is made by means of  an
instrument having all the formalities required for the validity  of the
act so affirmed or ratified.
Affirmation or 
ratification of 
donation or testamentary 
disposition.1231.  The provisions of the last pr eceding article shall not apply
to cases of affirmation or ratification of a donation or testam entary
disposition made after the death of the donor or testator by hi s heirs
or by other persons claiming under him. In any such case the
affirmation or ratification, although made tacitly by the heirs  or
such other persons, shall imply a waiver on their part of the a ction
or plea of rescission.
Sub-title VI
OF THE PROOF OF OBLIGATIONS AND THEIR EXTINGUISHMENT
Proof of 
obligations and 
their 
extinguishment. Amended by: 
XIV .1913.1. 
Cap. 12. 1232. (1) Where the law does not require that an obligation or
its extinguishment should result from a public deed or a privat e
writing, such obligation or its extinguishment may be evidenced  by
means of witnesses or any other means allowed under theprovisions of the Code of Organization and Civil Procedure
.
(2) A public deed is an instrum ent drawn up or received, with
the requisite formalities, by a notary or other public officer
lawfully authorized to attribute public faith thereto.
Transactions which 
must be expressed 
in public deed or private writing. 
Amended by: 
XIV .1913 .2.1233. (1) Saving the cases where the law expressly requires
that the instrument be a public deed, the transactions hereunde r
mentioned shall on pain of nullity be expressed in a public dee d or
a private writing:
(a) any agreement implying a  p r o m i s e  t o  t r a n s f e r  o r
acquire, under whatsoever title, the ownership of
immovable property, or any other right over such
property;
(b) any promise of a loan for consumption or mutuum;
(c) any suretyship;
(d) any compromise;
(e) any lease for a period exceeding two years, in the case
of urban tenements, or four years, in the case of rural
CIVIL CODE  [CAP. 16.   
tenements;
(f) any civil partnership; and
Cap. 5. (g) for the purposes of the Promises of Marriage Law , any
promise, contract, or agreem ent therein referred to.
Cap. 12.(2) Where, in the case of a private writing, the writing is not
signed by each of the parties thereto, it must be attested in t he
manner prescribed in article 634 of the Code of Organization and
Civil Procedure .
Presumption of 
law.1234.  Any person having in his favour a presumption established
by law, shall be exempted from a ny proof as to the fact forming  the
subject-matter of the presumption.
Admissibility or 
otherwise of 
evidence to rebut presumption. 1235. (1) Evidence to rebut a presumption established by law
shall be inadmissible only when on the ground of such presumpti on
the law annuls certain acts, or disallows any action or plea, w ithout
any reservation of the right o f producing evidence to the contr ary.
(2) In any other case, evidence to rebut the presumption, shall
be admissible even though the law does not make an express
reservation as to the productio n of evidence to the contrary.
Title  V
OF MARRIAGE CONTRACTS
Marriage contracts. 
Substituted by: XXI.1993
.77.1236.  Except with regard to the acquisitions referred to in Sub-
title III of this Title, no partnership or community of propert y
between the spouses is established by law.
Parties may enter 
into other 
agreements not 
contrary to morals , 
etc. 
Substituted by: XXI.1993
.77.1237. (1) It shall, however, be lawful for the future spouses to
enter into any other agreement, w hich is not contrary to morals , or
inconsistent with the rules contained in this and the following
articles of this Code.
(2) The spouses may, in an ante-nuptial or post-nuptial contract
agree that their property acquire d during their marriage shall
remain separate or that it shall be governed by the system of
community of residue under separate administration under Sub-ti tle
V of this Title, and without prejudice to sub-article (3) hereo f, no
partnership or community of property in general, may be
established between the spouses e xcept that referred to in this
article or in article 1236.
Cap. 168.(3) The spouses may, without the intervention of any court,
whether alone or with others, and whatever system regulates the ir
property, form a limited liability company under the Commercial
Partnerships Ordinance*; voting rights attached to shares registered
in the name of a spouse shall be exercised by the spouse in who se
name the shares are registered. The ownership of the shares in any
such company shall remain governed in accordance with the syste m
*Repealed by Act XXV of 1995 ( Cap. 386 ).
  282     [CAP. 16.           CIVIL CODE
governing the property of the spouses.
Certain agreements 
may not be made. Amended by: 
XLVI.1973.70. 
Substituted by: XXI.1993
.77.1238. (1) It shall not be lawful for the future spouses to enter
into any agreement whereby either  of them is established as hea d of
the family, or into any agreement in derogation of any of the r ights
deriving from parental authority, or of the provisions of law
relating to minority, or of any prohibitory rule of law.
(2) Nevertheless, any stipulation that all the children, or any of
them, shall be brought up in the religion of either of the spou ses
shall be valid.
Agreements may 
not be made in 
derogation of legal 
order of succession.1239. It shall not be lawful for the future spouses to enter into
any agreement or to make any waiver tending to vary the legal
order of succession either with respect to themselves in regard  to
the succession of their children or descendants, or with respec t to
the children between themselve s, saving such testamentary
dispositions and such donations as are allowed under the provis ions
of this Code.
Validity of certain 
promises made in 
marriage contracts. Amended by: 
XLVI.1973.71; 
XXI.1993
.78.1240. (1) A promise made in a marri age contract by the parent
of one of the future spouses to such future spouse - 
(a) not to leave to such future spouse out of his or her
estate a portion smaller than that which such future
spouse would take on an intestacy; or
(b) not to diminish such portion by any donation in favour
of his or her other children or of any other person; or
(c) not to give or leave, by donation or will, to any of his
or  her  other  childr en mor e than that whic h he or she
would give or leave to  such future spouse, 
shall be valid.
(2) It shall also be lawful for either of the future spouses to
renounce the succession of any of his or her own parents or oth er
ascendants in return for what is given to him or her by such pa rent
or other ascendant by way of donation in contemplation of
marriage.
(3) Any such waiver, however, shall not be valid unless it is
expressly stated.
Marriage 
agreements by 
minor.  
Amended by: XLVI.1973.72. 
Substituted by: 
XXI.1993
.79.
Amended by:
II.2012 .20.1241.  Marriage agreements enter ed into by a minor with the
consent of the parents or parent exercising parental authority,  or
where both parents are absent, dead, interdicted, or have a men tal
disorder or other condition, which renders them incapable of ma naging
their own affairs, with the authority of the court, are valid.
Person under 
disability to 
contract.1242. The authority of the court sha ll, in all cases, be necessary
for the validity of a marriage ag reement entered into by a pers on
who is under disability to contract.
Variation of 
marriage contract 
before marriage.1243.  Any variation or counter-declaration made in respect of
the marriage contract by the fut ure spouses before the celebrat ion
of marriage shall not be effectual unless it is made with the c onsent
CIVIL CODE  [CAP. 16.   
of all the parties  to that contract.
Post-nuptial 
agreements. Amended by: 
XXX.1981
.9; 
XXI.1993 .80.1244. (1) After the celebration of  t h e  m a r r i a g e ,  t h e  s p o u s e s
may, with the authority of the court, vary their marriageagreements, without prejudice to the rights of the children or of
third parties.
(2) Where no ante-nuptial agreement was made, the spouses
may also, with the authority of the court, enter into a marriag e
contract.
(3) Any agreement prohibited by la w in respect of a pre-nuptial
agreement is also prohibited in any post-nuptial agreement.
(4) After the celebration of the marriage the spouses may,
without the necessity of any authority of the court, substitute  a
special hypothec for any general hypothec established in the
marriage contract.
Marriage contracts 
to be expressed in 
public deed ,1245.  Any marriage contract, as well as any variation or counter-
declaration made in respect thereof, shall, on pain of nullity,  be
expressed in a public deed.
and registered in 
Public Registry.1246. No marriage contract, variat ion or counter-declaration
shall be operative in regard to third parties, unless it is reg istered in
the Public Registry Office.
Notary to draw up 
note of reference. Cap. 55.1247.  In case of any variation or counter-declaration, the notary
shall, under the penalties e stablished in the Notarial Profession and
Notarial Archives Act , draw up a note of ref erence as in the case of
a deed of cancellati on or rescission.
Provisions of this 
Sub-title 
substituted by: XXI.1993
.81.Sub-title I *
OF THE  INSTITUTES OF DOWRY AND  DOWER
Abolition of institutes. 1248 . The institutes of dowry and dower are hereby abolished.
Repealed by: 
XXI.1993 .81.§ I. OF SETTLEMENT OF DOWRY
Articles 1249 to 1258, both inclusive, were repealed by Act XXI
of 1993.
Repealed by: 
XXI.1993 .81.§ II. O F THE RIGHTS OF THE HUSBAND OVER THE DOWRY
Articles 1259 to 1267 , both inclusive , were repealed by Act XXI
*For the application of the p rovisions of this Sub-title see article 89 of Act XXI of
1993.
  284     [CAP. 16.           CIVIL CODE
of 1993.
Repealed by: 
XXI.1993 .81.§ III. O F THE INALIENABILITY OF THE DOWRY
Articles 1268 to 1299, both inclusive, were repealed by Act XXI
of 1993.
Repealed by: 
XXI.1993 .81.
§ IV .O F RESTITUTION OF DOWRY
Articles 1300 to 1312 , both inclusive , were repealed by Act XXI
of 1993.
Provisions of this 
Sub-title 
substituted by: XXI.1993
.81. Sub-title II
OF DOWER ( Dotarium )
Articles 1313 to 1315, both inclusive, were repealed by Act XXI
of 1993.
Provisions of this 
Sub-title substituted by: 
XXI.1993
.82.Sub-title III*
 OF THE  COMMUNITY OF ACQUESTS
Marriage produces community of 
acquests.1316. (1) Marriage celebrated in Ma lta shall, in the absence of
an agreement to the contrary by public deed, produce ipso jure
between the spouses the community of acquests.
(2) Marriage celebrated outside Malta by persons who
subsequently establish themselve s in Malta, shall also produce
between such persons the community of acquests with regard to
any property acquired after their arrival.
Community of 
acquests may be 
established after 
marriage.1317. It shall be competent to the spouses, even after the
celebration of the marriage, with the authority of the court, t o
establish the community of acquests which in virtue of the marr iage
contract or other act had been excluded, or to cause the cessat ion of
the community of acquests established by contract or by operati on
of law.
Provisions may not 
be derogated from.1318.  It shall not be lawful for the spouses to derogate from the
provisions of this Code in so far as they relate to the communi ty of
acquests.
When community 
begins and 
terminates.1319. The right of each of the sp ouses to the community of
acquests shall, saving any other provision of the law, commence
from the day of the celebration of the marriage and terminate o n the
*For the application of the p rovisions of this Sub-title see article 89 of Act XXI of
1993.
CIVIL CODE  [CAP. 16.   
dissolution thereof.
Assets of 
community of acquests.
Amended by:
XXIII.2017.
75.1320.  The community of acquests shall comprise -
(a) all that is acquired by each of the spouses by the
exercise of his or her work or industry;
(b) the fruits of the prope rty of each of the spouses
including the fruits of property settled as dowry orsubject to entail, whether any one of the spouses
possessed the property since before the marriage, or
whether the property has come to either of them underany succession, donation, or other title, provided such
property shall not have been given or bequeathed on
conditions that the fruits thereof shall not form part ofthe acquests;
(c) saving any other provision of this Code to the contrary,
the fruits of such property of the children as is subject
to the legal usufruct of any one of their parents;
(d) any property acquired with moneys or other things
derived from the acquests, even though such property
is so acquired in the name of only one of the spouses;
(e) any property acquired with moneys or other things
which either of the spouses possesses since before the
marriage, or which, after the celebration of the
marriage, have come to him or her under any donation,succession, or other title, even though such property
may have been so acquired in the name of such spouse,
saving the right of such spouse to deduct the sumdisbursed for the acqui sition of such property;
(f) fortuitous winnings made by either or both spouses,
and such part of a treasure trove found by either of the
spouses, as is by law assigned to the finder, whethersuch spouse has found the treasure trove in his or her
own tenement, or in the tenement of the other spouse,
or of a third party:
 Provided that such part of the treasure trove as is
granted to the owner of the tenement shall belong
entirely to the party in w hose tenement the treasure
trove is found.
Presumption with 
regard to acquests.1321. (1) All the property which the spouses or one of them
possess or possesses shall, in the absence of proof to the cont rary,
be deemed to be part of the acquests.
(2) Any property, however, which may have come to either of
the spouses under any title ante rior to the marriage shall not be
included in the acquest s, notwithstanding that such spouse may
have been vested with the possession of the property only after  the
marriage.
  286     [CAP. 16.           CIVIL CODE
Administration of 
the community of 
acquests.
Amended by:IV .1995
.2;
XIII.2004 .41;
XV.2008 .3;
XII.2009 .21.1322. (1) The ordinary administration of the acquests and the
right to sue or to be sued in re spect of such ordinary administ ration,
shall vest in either spouse.
(2) The right to exercise acts of  extraordinary administration,
and the right to sue or be sued in respect of such acts or to e nter
into any compromise in respect of any act whatsoever, shall ves t in
the two spouses jointly.
(3) Acts of extraordinary administration are the following:
(a) acts whereby real rights over immovable property are
acquired, constituted or alienated;
(b) acts constituting or affecting hypothecation of
property;
(c) acts whereby immovable property is partitioned;
(d) acts granting rights of use and, or, enjoyment over
immovable property;
(e) donations other than those referred to in article
1753(2)( a);
(f) borrowing or lending of money, other than the deposit
of money in an account with a bank;
(g) the acquisition of movable property or of any right of
use or enjoyment over movable or immovable propertythe consideration for which is not paid on, or prior to,
delivery:
   Provided that this shall not apply to any debt incurred for
the needs of the family in terms of article 1327( c), or
to the hiring of movables or immovables when the
consideration therefor is moderate in relation to the
condition of the family and the duration of the lease isfor a short period;
(h) the contracting of any suretyship;
(i) the giving of a pledge;
(j) the entering with unlimited liability in a commercial
partnership, or the subscribing to or acquisition of any
shares in a limited liability company which are notfully paid up;
(k) the transfer of a business concern as well as the
transfer of any share in a c ommercial partnership other
than a public company;
(l) any act that may give rise to a special privilege in
terms of paragraph ( b) of article 2010;
(m) any act of rescission of any act referred to in
paragraphs ( a) and ( c), and any act of declaration made
inter vivos  whereby any real right over immovables is
acknowledged or renounced; and
(n) the settlement in trust of property forming part of the
community of acquests and the variation or revocation
of the terms of any trust in which any such property
CIVIL CODE  [CAP. 16.   
has been settled.
Cap. 370.(4) Any money deposited in a bank and any instrument, as
defined in the Second Schedule of the Investment Services Act , to
the credit of a married person may only be withdrawn by such
married person and it shall not be enquired whether such money or
instrument belongs to the community of acquests or not.
(5) The provisions of sub-article (4) shall continue to apply
even after the termination of the community of acquests for any
reason whatsoever and are without prejudice to the right of eac h of
the spouses to his or her full share of the community upon itspartition.
Cap. 12.(6) Either spouse may, by means of a public deed or a private
writing duly attested in terms of article 634 of the Code of
Organization and Civil Procedure , appoint the other spouse or any
other person, as his or her mandatory with regard to acts ofextraordinary administ ration and compromise.
(7) The notary publishing a public deed as is referred to in sub -
article (6), and the advocate or notary public attesting a priv ate
writing as referred to in the same sub-article, shall in each c ase
warn the spouse so appointing a mandatory of the importance andconsequence of such appointment  and shall in the public deed or
the private writing, as the case may be, declare that he has so
warned the spouse.
Refusal or absence 
of consent.
Amended by:IX.2004
.14.1323. (1) If one of the spouses refuses his or her consent to an
act of extraordinary administra tion, the other spouse may apply  to
the competent court fo r authorisation when t he act of extraordi nary
administration is necessary in the interests of the family:
Provided that the parties may, i n such cases, choose to adopt t he
procedures contemplated in articl e 6A to arrive at an agreement  or
to have an arbitration between them.
Cap. 12.(2) If one of the spouses is away from Malta or if there exists
any other impediment in respect of one of the spouses and in ei ther
case there exists no authorisation by public deed or by privateinstrument duly attested in terms of article 634 of the Code of
Organization and Civil Procedure , the other spouse may perform
such necessary acts of extraordinary administration of the acqu ests
which in terms of law require th e consent of both spouses, and
which the court of voluntary jurisdiction may specifically
authorise; sohowever that the c ourt may not in such cases autho rise
the performance of all necessary acts of extraordinary
administration generally.
(3) The registration required by article 996 or 2033 as the case
may be, in respect of any act alienating the ownership or any r eal
right over immovable property, and any hypothecation whethergeneral or special shall contain also the name of the other spo use as
if such other spouse were a party to the deed of alienation or
hypothecation, and where such registration is made in the name of
one spouse only it shall in respect  of third parties be operati ve only
in relation to the spouse in whose name it is registered.
  288     [CAP. 16.           CIVIL CODE
Administration of 
trade, business , 
etc.1324 . Normal acts of management of a trade, business or
profession being exercised by one of the spouses, shall vest on ly in
the spouse actually exercising su ch trade, business or professi on
even where those acts, had they not been made in relation to th at
trade, business or profession, would have constituted extraordi nary
administration.
Exclusion of a 
spouse from the 
administration of the community.
Amended by:
IX.2004
.14.1325. (1) The competent court may at the request of a spouse
order the exclusion of the other  spouse either generally or lim itedly
for particular purposes or acts, from the administration of thecommunity of acquests, where the latter spouse -
(a) is not competent to administer; or
(b) has mismanaged the community;
and in any such case the administration of the community of
acquests shall to the extent to which such spouse has been
excluded, vest excl usively in the spouse not so excluded.
(2) The spouse who has been so excluded from administering
the acquests may, if the grounds upon which he or she has beenexcluded no longer subsist, request the court to reinstate such
spouse in the administration.
Cap. 56.( 3 ) A n y  o r d e r  m a d e  i n  t e r m s  o f  t h i s  a r t i c l e  s h a l l  b e  n o t i f i e d
within twenty-four hours by the registrar to the Director of th e
Public Registry who shall keep the same in a special register a nd
keep a special index thereof. Such orders shall contain all
particulars of both spouses as are required for notes of enrolm ent
under the Public Registry Act  and shall become operative with
regard to third parties upon such registration.
(4) Without prejudice to any ord er made in terms of sub-article
(1) of this article, in the case of the interdiction or incapac itation of
one of the spouses and until such  interdiction or incapacitatio n
ceases, such spouse shall be exc luded from the administration o f
the acquests and in any such cas e the administration of the acq uests
shall vest solely in the spouse not so excluded.
Acts performed 
without the 
necessary consent.1326. (1) Acts which require the consent of both spouses but
which are performed by one spouse without the consent of the ot her
spouse may be annulled at the re quest of the latter spouse wher e
such acts relate to the alienation or constitution of a real orpersonal right over immovable prop erty; and where such acts rel ate
to movable property they may only be annulled where the rights
over them have been conferred by gratuitous title.
(2) An action for annulment may only be instituted by the
spouse whose consent was required and within the peremptory ter m
of three year s from - 
(a) the date when such spouse became aware of the act, or 
(b) the date of registration, where such act is registerable,
or
(c) the date of termination of the community of acquests,
whichever is the earliest.
CIVIL CODE  [CAP. 16.   
(3) Notwithstanding the provisions of sub-article (2), the right
given by sub-article (1) to a spouse to request the annulment o f an
act shall lapse at the expiration of three months from the day on
which notice of the act shall ha ve been given to such spouse by
means of a judicial act, unless within such time of three month s
such spouse shall have instituted an action for such annulment.
(4) The spouse who has not instituted the action for annulment
within the stipulated time and who has not expressly or tacitlyratified the act, shall nevertheless have an action to compel t he
other spouse to reintegrate the community of acquests or, where
this is not possible, to make good the loss suffered.
(5) Saving the preceding provisions of this article, where in
any act which requires the consent of the other spouse and whic h
relates to movables, a spouse has acted unilaterally, there sha ll be
no right competent to the other s pouse to demand the annulment of
the act; where however, the other spouse has not ratified such act,
whether expressly or tacitly, su ch spouse shall have an action to
compel the spouse who has acted unilaterally to reintegrate the
community of acquests, or where this is not possible, to make g ood
the loss suffered.
(6) The provisions of this article shall be without prejudice to
any right competent to a spouse under this Code or any other la w.
Debts chargeable 
to the community.1327. Saving the provisions of article 1329, the assets forming
part of the community of acquests shall be charged only with th e
following debts:
(a) the burdens and obligations which encumber the assets
under the act of their acquisition;
(b) the expenses and obligations incurred in the
administration of the acquests, except such expensesas are incurred by acts which require the consent of
both spouses but which are performed by one spouse
only without the consent of the other spouse;
(c) the expenses and obliga tions, even if incurred
separately, for the needs of the family including those
for the education and u pbringing of the children;
(d) every obligation which is contracted by the spouses
jointly;
(e) debts relating to the ordinary repairs of the property of
either of the spouses, the fruits of which are included
in the acquests; and
(f) any debt or indemnity due as a civil remedy by either
spouse where such indemnity is not due as a civilremedy in respect of any of fence wilfully committed.
Creditors of a 
particular spouse.1328.  Creditors of a particular spouse shall, unless they enjoy a
lawful cause of preference, ran k after the creditors of the
community of acquests.
  290     [CAP. 16.           CIVIL CODE
Obligations 
separately 
contracted by 
either spouse.1329. (1) Subject to the following provisions of this article,
the creditors of a spouse for debts which are not chargeable to  the
community of acquests whether such  debt has arisen before or af ter
the marriage, may, when such creditors cannot satisfy their cla im
against the paraphernal property of such spouse, enforce their claim
in subsidium  against the assets forming part of the community of
acquests but only to the extent o f the value of the share which  such
spouse has in the community of acquests.
(2) Saving the right of the debtor’s spouse to seek the judicial
separation of property, the debtor’s spouse shall not have a ri ght to
oppose an act enforcing the credit against any property of the
debtor or of the community of acquests except where the propert y
upon which execution is being attempted is the paraphernal
property of such debtor’s spouse.
Where paraphernal 
property is subject 
to the debts of the community.1330.  When the assets of the community of acquests are
insufficient to satisfy the debts which burthen it, the credito rs of
such community may enforce their claim in subsidium  against the
paraphernal property of the spouses:
Provided that where -
(a) the debt is due as a civil remedy in respect of a wilful
offence committed by either spouse; or
(b) the debt is one arising out of the exercise of a trade,
business or profession as is r eferred to in article 1324;
the creditors may not enforce th eir claim against the paraphern al
property of the spouse who has not given rise to the claim, but  may
in such cases enforce their claim to the extent of any part rem aining
unsatisfied by the assets of th e community of acquests, against  the
paraphernal property of the spou se giving right to such claim.
Reimbursement 
and restitution.1331. (1) Each of the spouses is bound to reimburse the
community of acquests with any sum of money or the value of any
thing which he or she may have appropriated from the acquests t o
satisfy debts which do not fall under the provisions of article  1327,
unless he can show that the act w as one which was advantageous to
the community or was performed to satisfy the needs of the fami ly.
(2) Each one of the spouses has a right to be reimbursed with
any sum of money or the value of any thing which has been taken
from his or her paraphernal property where such money or thing
was spent or consumed in connection with a debt or an investmen t
of the community of acquests.
(3) The spouse who is a creditor of the community of acquests
may demand to be assigned property of the community up to the
value of his or her credit. The reimbursement from the property  of
the community of acquests shall be made first by assigning mone y,
then other movables and finally immovables.
(4) These reimbursements are to be made at the termination of
the community of acquests:
Provided that the court may allo w that any such reimbursements
take place at an earlier date when the interests of the family so
require or permit.
CIVIL CODE  [CAP. 16.   
Judicial separation 
of property.
Amended by:
XV .2012 .26.1332. (1) The judicial separation of property may be
pronounced -
(a) upon the interdiction or incapacitation of one of the
spouses; or
(b) where the disordered state of affairs of one spouse or
his or her conduct in relation to the administration of
the acquests jeopardises the interest of the communityof acquests, or of the family or of the spouse
requesting the judicial separation of property; or
(c) where one of the spouses fails substantially in his or
her duty to contribute to the needs of the family inaccordance with article  3 of this Code; or
(d) where one of the spouses has been excluded from the
administration in terms of article 1325, either
generally or to a great extent; or
(e) upon the legal separation of the spouses.
(2) The judicial separation of property may only be demanded
by either spouse or by his or her  lawful representatives; sohow ever
that such separation may not be demanded by the spouse or the
representatives of the spouse who has given rise to the causes for
judicial separation refe rred to in paragraphs  (b) or ( c) of sub-article
(1) of this article.
(3) Where the judicial separation has been demanded by the
spouse excluded from the adminis tration of the community of
acquests in terms of paragraph ( d) of sub-article (1) of this article,
the court shall, where the judici al separation causes financial
damage to the other spouse, order the spouse demanding judicial
separation to pay compensation to the other party for the loss that
such party may have suffer ed because of the separation.
(4) In the judgment pronounci ng the judicial separation of
property, the court shall direct that the community of acquests
between the spouses shall cease as from the day on which the
judgment becomes  res judicata :
 Provided that the court may however, without prejudice to any
right legally acquired by any third party, direct that the judg ment
shall operate retrosp ectively to the date of the filing of the judicial
act introducing the cause upon which judgment is given.
(5) The creditors of either spouse or of the community of
acquests may impeach the separati on pronounced by the court, ev en
though it may have been given effect to, if such separation has  been
obtained in fraud of their rights.
( 6 ) T h e  c o u r t  m a y  w h e r e  i n  i t s  o p i n i o n  c i r c u m s t a n c e s  s o
warrant direct that the property comprised in the community of
acquests be not partitioned before the lapse of such period aft er the
cessation of the community of ac quests as it may determine.
(7) Any direction given by the court in virtue of sub-article (6 )
of this article, may, on good cause being shown, be changed orrevoked by the court.
  292     [CAP. 16.           CIVIL CODE
(8) The demand for the judicial s eparation of property shall not
stay any action enforcing any de bt of the community of acquests .
(9) Where a demand for the judici al separation of property has
been filed, a creditor of a pa rticular spouse may proceed or
continue proceedings enforcing his claim against property of th e
community of acquests and in any such case the spouse of the
debtor may demand that half the proceeds of the sale of any obj ect
belonging to the community of acquests shall remain deposited i n
court on account of the share in the community of acquests of t he
spouse of the debtor; sohowever that if such deposits exceed th e
share of such spouse in the community of acquests any sum sodeposited in excess shall remain to the credit of the debtor sp ouse
and be attachable by his creditors.
(10)  Any judgment ordering the judicial separation of property
shall not be operative against th ird parties except from the da y on
which such judgment shall have been registered in the PublicRegistry.
Partition of the 
community.1333.  The partition of the community of acquests shall be made
by assigning one-half of the assets and liabilities comprised i n the
community to each of the spouses.
Provisions of this 
Sub-title 
substituted by: XXI.1993
.82.Sub-title IV*
OF PARAPHERNAL PROPERTY
Definition of paraphernal property. 1334. (1) Where the community of acquests or the community
of residue under separate admini stration operates between the
spouses, all property which is not included in paragraphs ( a) to (f)
of article 1320 or is not dotal  is paraphernal. Where the prope rty of
the spouses is held under the system of separate property allproperty which is not dotal is paraphernal.
(2) The management of paraphern al property shall appertain
exclusively to the spouse to whom such property belongs.
(3) For the support of the family, the spouses shall first use
income deriving from common property before income belonging
to one of them exclusively, and they shall first use capital wh ich is
their common property or belongs to the community of acquests
before the capital belonging excl usively to one of the spouses.
Where a spouse 
appoints other 
spouse as agent.1335. Where one of the spouses appoints the other spouse as his
or her agent to manage his or her paraphernal property, the lat ter
spouse shall be liable to the first spouse in the same manner a s any
other agent, sohowever that suc h spouse shall only be obliged t o
render an account for the fruits i f this is expressly stated in  the
mandate.
* For the application of the p rovisions of this Sub-title see article 89 of Act XXI of
1993.
CIVIL CODE  [CAP. 16.   
Where a spouse 
enjoys property 
without authority 
or with authority but without 
condition of 
accounting for fruit.1336. (1) Where a spouse has enjoyed the paraphernal
property of the other spouse, without authority, but without
opposition, that spouse or the heirs of that spouse, upon the
dissolution of the marriage or upon the first demand of the spo use
to whom the property belongs, shall only be bound to deliver th e
existing fruits, and shall not be accountable for fruits which shall
have been consumed up to that time.
(2) The same rule shall apply where such spouse has enjoyed
such property with authority but without the express condition of
accounting for the fruits.
Where spouse 
enjoys property in 
spite of opposition.1337.  Where a spouse has enjoyed the property of the other
spouse in spite of opposition, he shall be answerable for all f ruit
existing and consumed.
Provisions of this 
Sub-title 
substituted by: XXI.1993
.82. Sub-title V*
OF COMMUNITY OF  RESIDUE UNDER SEPARATE 
ADMINISTRATION
Community of residue under 
separate 
administration.1338. (1) Where the future spouse s in a marriage contract
stipulate that the property acquired by them during marriage sh all
be governed by the system of community of residue under separat e
administration the following provisions of this Sub-title shall
apply.
(2) The assets which shall be governed by the system of
community of residue under separa te administration shall be all  the
assets falling under paragraphs  (a) to ( f) of article 1320.
How acquisitions 
are registered.1339. (1) Under the system of community of residue under
separate administration the acquisitions made by each of the
spouses during the marriage shall be held and administered by t he
spouse by whom such acquisitions are made, and subject to any
limitations contained in this Sub-title shall, in relation to t hird
parties, be dealt with by such  spouse as if such spouse were th e
exclusive owner thereof.
(2) Where under the system of community of residue under
separate administration property is acquired by the spouses joi ntly,
it shall be administered jointly . The share of each spouse in s uch
property may only be alienated inter vivos , with the consent of the
other spouse, or where such cons ent is unreasonably withheld, w ith
the authority of the court of voluntary jurisdiction, or in a j udicial
sale by auction at the instance of any creditor of such spouse.
Termination of 
community of residue under 
separate 
administration.1340. (1) The community of residue under separate
administration shall, unless ter minated earlier by mutual conse nt by
public deed with the authority of the court, terminate upon the
dissolution of the marriage; under the same circumstances, mutatis
mutandis , as apply for the community of acquests under paragraphs
*For the application of the p rovisions of this Sub-title see article 89 of Act XXI of
1993.
  294     [CAP. 16.           CIVIL CODE
(b) and ( c) of sub-article (1) of article 1332; and upon the legal
separation of the spouses.
(2) Sub-articles (2), (4), (5), (9) and (10) of article 1332 sha ll
apply mutatis mutandis  where the dissolution of community of
residue under separate administra tion is declared by judgment o f
the court.
Calculation of 
residue.1341. (1) At the termination of the community of residue
under separate administration, howsoever happening, the residue  to
be accounted for by each spouse sh all include any expense made by
that spouse solely in his or her interest out of assets governe d by
the community and held by that spouse, and shall be subject to the
deduction of any amount paid out wi th paraphernal property of t hat
spouse for debts of that spouse relating to assets held by that  spouse
and governed by the system of community of residue with separat e
administration, as well as liab ilities still outstanding by tha t spouse
incurred in respect  of such assets.
(2) From the residue as determined  in sub-article (1) there shal l
be deducted any paraphernal debts of the spouse which are inexcess of that spouse’s paraphernal assets.
(3) The result as determined in sub-article (2) shall if it is n ot a
debit constitute the final residue of that spouse. If the resul t is in
debit there shall be considered to be no final residue for that
spouse.
(4) Where the final residue of one spouse is greater than the
final residue of the other spouse or where only one spouse has a
final residue, there shall be ass igned to the spouse with the l esser
final residue or with no final residue, as the case may be, as much
of the final residue of the spouse with the greater final resid ue or
with the only final residue as i s necessary so that each spouse  may
have an equal share of assets forming the final residue of both
spouses.
Where debt is not 
paraphernal.1342. (1) For the purpose of article 1341(2) any debt which is
not one mentioned hereunder is a paraphernal debt:
(a) the burthens and obligations which encumber the
assets under the act of their acquisition;
(b) the expenses and obligations incurred in the
administration of the acquests;
(c) the expenses and obligations even if incurred
separately for the needs of the family including those
for the education and upbringing of the children;
(d) debts relating to the ordin ary repairs of paraphernal
property of the spouse the fruits of which are included
in the assets governed by the community of residue
under separate administration;
(e) any debt or indemnity due as a civil remedy by a
spouse where such indemnity is not due as a civil
remedy in respect of any offence wilfully committed.
CIVIL CODE  [CAP. 16.   
Rights of third 
parties.1343. (1) Third parties may only exercise their rights against
the spouse who has contracted with, or incurred the debt toward s,
them.
(2) At the termination of the community of the residue under
separate administration and after the assignment of any final
residue, the creditors of one spouse may however in relation to  any
debt due to them arising before the termination of the communit y
of residue under separate administration, claim in subsidium
against the other spouse up to t he amount if any of the assets of the
final residue of the debtor spouse assigned to the other.
Gratuitous 
alienations.1344. (1) Where the system of community of residue under
separate administration operate s between the spouses, a spouse
may not transfer  inter vivos any of his assets under gratuitous title
except with the consent  of the other spouse.
(2) Sub-article (1) of this article shall not apply to donations  of
moderate value regard being had to the condition of the parties  and
all other circumstances.
(3) An action for annulment of an act of alienation under
gratuitous title may only be instituted by the spouse whose con sent
was required and within the perem ptory term of th ree years from  - 
(a) the date when such spouse became aware of  the act, or
(b) the date of registration, whe n such act is registerable,
or
(c) the date of termination of the community of residue
under separate administration,
whichever is the earliest.
Acts performed 
with intention to 
defraud. 1345. (1) Where a spouse performs an act with the intention to
defraud the other spouse of the potential rights competent on t he
termination of the community of residue under separate
administration such other spouse may exercise the actioncontemplated in article 1144 as if he or she wer e a creditor.
Such right shall be personal to the latter spouse or his or her  heirs
and is not exercisable by th e creditors of the spouse.
(2) An action under this article sh all be prescribed by the laps e
of five years from - 
(a) the date when such spouse became aware of  the act, or
(b) the date of registration, where such act is registerable,
or
(c) the date of termination of the community of residue
under separate administration,
whichever is the earliest.
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Title  VI 
OF SALE
Sub-title 1
OF THE CONTRACT OF SALE
Definition of 
contract of sale.1346. A sale is a contract whereby one of the contracting parties
binds himself to transfer to the other a thing for a price whic h the
latter binds himself to pay to the former.
Completion of 
sale.1347.  A sale is complete between the parties, and, as regards the
seller, the property of the thing is transferred to the buyer, as soon
as the thing and the price have been agreed upon, although the
thing has not yet been delivered nor the price paid; and from t hat
moment the thing itself remains at the risk and for the benefit  of the
buyer.
Sale of things by 
weight , etc.1348. (1) Nevertheless, where mov ables are not sold in bulk
but by weight, number or measure, the sale is not complete in t hat
the property does not pass to the buyer and the things sold rem ain
at the seller’s risk, until th ey are weighed, counted or measur ed.
(2) The buyer, however, may demand that the things be
weighed, counted or measured and delivered to him, or, in case of
non-performance of  the obligation, payment of damages.
(3) The seller may also compel the buyer to perform his
obligation or, in defau lt, to pay damages.
(4) The provisions of this article shall also apply where the
thing sold is an immovable and cannot exactly be determined
before it is measured.
Sale of things in 
bulk.1349.  Where, on the contrary, the things are sold in bulk, the sale
is complete even though the things are not yet weighed, counted  or
measured.
Definition of sale 
in bulk or by 
weight , etc.1350. (1) A sale is said to be made in bulk, when the things are
sold for one and the same price,  irrespectively of the weight,
number or measure of such things.
(2) A sale is said to be made by weight, number or measure,
when the price is agreed upon according to the weight, number o r
measure, whether the sale is in respect of the whole quantity o f the
things existing in a specified place or in respect only of a pa rt
thereof.
(3) A sale is also said to be made by weight, number or
measure if the sale is in respect of a specified number of thin gs or
of so many kilogrammes or measures of a specified thing, even
though one single price has been fixed in respect of such numbe r of
things or such quantities  of a specified thing.
CIVIL CODE  [CAP. 16.   
When things are to 
be tasted or tried.1351. (1) In regard to things whi ch, according to usage or by
virtue of an express agreement, are to be tasted or tried befor e the
purchase, the buyer shall not be bound until he has approved of
them.
(2) This, however, shall not apply where the thing, which,
according to usage only and not by virtue of an express agreeme nt,
is to be tasted or tried before the purchase, has not to satisf y the
taste or the individual opinion of the purchaser, but the taste  or trial
is only necessary in order to as certain whether the thing is of  good
and merchantable quality; and in  any such case, if the thing is  a
specific thing and the price has been agreed upon, both parties  are
bound, but the contract shall be deemed to have been made under  a
suspensive condition, and the buyer shall be bound to accept th e
thing and pay the price thereof if it is proved that the thing is of a
good and merchantable quality, although he does not approve of the
thing.
Ships and aircraft.
Added by:
LII.2016.39.1351A. (1) Notwithstanding any of the provisions of this sub-
title, any agreement relating to the sale or purchase of ships or
aircraft, including aircraft e ngines, shall be governed by:
(a) the terms and conditions agreed between the parties as
well as by the international usages of trade applicablein the context, and in case of conflict with the
provisions of this Code, such terms and conditions
shall prevail; and
(b) the special laws relating to merchant shipping and civil
aviation, as the case may be.
Cap. 234.
Cap. 503.(2) For the purposes of this article and sub-article (3) of
article 1357, the term "ship" shall have the same meaning as
ascribed to it in the Merchant Shipping Act and the term "aircr aft"
shall have the same meaning as ascribed to it in the Aircraft
Registration Act.
Ships and aircraft.
Added by:
LII.2016.39.1351A . (1) Notwithstanding any of the provisions of this sub-
title, any agreement relating to the sale or purchase of ships or
aircraft, including aircraft e ngines, shall be governed by:
(a) the terms and conditions agreed between the parties as
well as by the international usages of trade applicable
in the context, and in case of conflict with theprovisions of this Code, such terms and conditions
shall prevail; and
(b) the special laws relating to merchant shipping and civil
aviation, as the case may be.
Cap. 234.
Cap. 503.(2) For the purposes of this article and sub-article (3) of
article 1357, the term "ship" shall have the same meaning as
ascribed to it in the Merchant Shipping Act and the term "aircr aft"
shall have the same meaning as ascribed to it in the AircraftRegistration Act.".
Price. 1352. (1) The price must be in money.
(2) Nevertheless, the contract sha ll not cease to be a contract of
  298     [CAP. 16.           CIVIL CODE
sale if, in addition to the sum of money agreed upon, the buyer
binds himself to give some thing in kind by way of a supplement  to
the price.
How price is fixed. 1353. (1) The price must be fixed and stated by the parties.
(2) It may, however, be left to the decision of one or more
persons specified by the parties; and in such case if such pers on or
any of such persons is unwilling or unable to fix such price, t he sale
is void.
Where price is to 
be fixed by experts.1354.  The price may also be left to the decision of one or more
experts not specified by the part ies; and, in such case, if the  parties
fail to agree as to the expert or experts to be appointed, the
appointment shall be made by the court.
Where price is left 
to the decision of 
two or more 
persons.1355.  In all cases where the price is  left to the decision of two or
more persons, the price shall, i f the persons are more than two , be
determined by the opinion of the majority; but if the persons a re
only two and do not agree, or if they are more than two and fai l to
agree between them in such a way that no majority of votes can be
obtained, an average shall be taken of the sums fixed by each o f
them.
Sale at current 
price.1356.  A sale can be made at the pri ce current at a given time; and
such price shall be deemed to be the average current price at t he
place and time where an d when the contract i s to be performed.
Promise to sell. 
Amended by: XXVII.1976.2;
XXII.2005
.81;
LII.2017.40.1357. (1) A promise to sell a thing for a fixed price, or for a
price to be fixed by one or more persons as stated in the foreg oing
articles, shall not be equivalent to a sale; but, if accepted, it shall
create an obligation on the part of the promisor to carry out t he
sale, or, if the sale can no longe r be carried out, to make goo d the
damages to the promisee.
(2) The effect of such promise shall cease on the lapse of the
time agreed between the parties for the purpose or, failing any  such
agreement, on the lapse of three months from the day on which t he
sale could be carried out, unless the promisee calls upon thepromisor, by means of a judicial intimation filed before the
expiration of the period applicable as aforesaid, to carry out the
same, and unless, in the event that the promisor fails to do so , the
demand by sworn application for the carrying out of the promise  is
filed within thirty days from the expiration of the period afor esaid.
(3) A promise of sale or purchas e, by whatever name called, of
ships and aircraft, including an aircraft engine, shall be regu lated
by the provisions of any agreement between the vendor and thepurchaser in accordance with its terms as well as by the
international usages of trade a pplicable in the context. Sub-ar ticle
(2) shall not apply in such cases and:
(a) the effect of such promise shall cease on the lapse of
time or on the events agreed  between the parties for
the purpose; and
(b) any notices which may be re quired to be given by the
parties may be given by notice in writing in anymanner, including by electronic means.
CIVIL CODE  [CAP. 16.   
Promise to sell at a 
fair price.1358.  The provisions of the last preceding article shall also
apply to a promise to sell at a fair price.
Promise to sell , 
with earnest.1359.  Where in any promise to sel l, earnest has been given, each
of the parties shall be at liberty to recede from the contract:  the
party giving the earnest forfeiting such earnest, and the party
receiving the earnest returning double the amount thereof, savi ng
any other usage in regard to the  particular contract in respect  of
which earnest has been given.
Provisions relating 
to promise to sell , 
applicable to 
promise to buy.1360.  The provisions relating to a promise to sell, shall apply to
a promise to buy.
Expenses of sale.
Cap. 12.1361. (1) All expenses of or incident al to the contract of sale,
including the expense necessary  for freeing any immovable from
the fetters of any entail or from any hypothec, easement or oth er
burden to which the immovable ma y be subject, in  accordance wit h
the provisions contained in Title  II of Part II of Book Second of the
Code of Organization and Civil Procedure , shall be at the charge of
the buyer.
(2) Brokerage as well as any fee due to the experts or other
persons mentioned in article 1353 shall be borne by the seller and
buyer one-half each.
Brokerage. 1362.  In the absence of an agreement, brokerage shall be
regulated at the rate of one per centum  in the case of sale of
movables, and two  per centum  in the case of sal e of immovables.
Where sale or 
purchase is null.1363. (1) The sale of immovable property shall be null if not
made by a public deed.
(2) It shall also be null if the purchase is made  pro persona
nominanda.
Interpretation of 
doubtful provisions.1364.  Any provisions of a contract of sale which are doubtful or
ambiguous shall be interpreted aga inst the seller or the buyer
according to the rules of interpretation relating to contracts in
general.
Sub-title II
OF THE PERSONS WHO MAY BUY OR SELL
Persons who may 
buy or sell.1365.  All persons may buy or sell, except those who are by law
prohibited from so doing.
Contracts of sale 
between spouses.
Amended by:
XXIII.2017. 76.1366.  A contract of sale between spouses is null, except in the
following cases:
(a) when the spouse assigns property to the other spouse in
payment of a sum owed to that spouse in respect of a
dowry;
(b) when the object of the sale or assignment which one of
  300     [CAP. 16.           CIVIL CODE
the spouses makes to the other is the payment of a debt
due to the buyer or assignee, or the investment of
money belonging to such buyer or assignee:
 Provided that where in the cases aforesaid any indirect
advantage results to either of the spouses, it shall be lawful for the
heirs of the other spouse, or for any other person interested, to
demand that the cont ract be rescinded pro tanto.
Sale by auction of 
property of either 
spouse at the suit 
of creditors.1367.  The provisions of the last preceding article in so far as
they prohibit either of the spouses from buying property from t he
other, shall not apply to cases where property is sold by aucti on on
the demand of the creditors of th e spouse to whom such property
belongs.
Other persons 
restrained from 
buying certain 
property.1368.  The sale, however, made, either directly or through
intermediaries, to tutors or curators in regard to property bel onging
to the persons under their tutorship or curatorship, or to agen ts in
regard to property which they are authorized to sell is null, e ven
though such sale was made by judicial auction.
Sale or assignment 
of lawsuits , etc., to 
judges or 
magistrates.1369.  Any sale or assignment of lawsuits or of litigious rights or
actions made, either directly or through intermediaries, to anyjudge or magistrate is also null.
Sub-title III
OF THE THINGS WHICH MAY BE SOLD
Things which may 
be sold.1370.  All things which are not extra  commercium  may be sold,
unless the alienation thereof is prohibited by an y special law.
Future things. 1371. (1) The sale of future things is conditional; and if the
thing sold shall not exist at all , the sale shall have no effec t.
(2) Where, however, the subject-matter of the sale is an
expectancy of a future thing, the sale is absolute and uncondit ional,
and the buyer is bound to pay the price even though the thing s hall
not exist at all.
(3) In case of doubt, the sale is presumed to be conditional.
Sale of things 
belonging to 
another person. 
Amended by: XLIX.1981
.6.1372.  Saving the provisions of article 559 and the provisions
relating to Il-Monti in regard to pledges, the sale of a thing
belonging to another person is void:
 Provided that such sale may give rise to an action for damages  if
the buyer was not awar e that the thing belonged to another pers on:
 Provided also that the nullity of such sale may in no case be set
up by the seller.
Sale of rights to 
succession of a 
living person.1373.  The sale or assignment of any right to the succession of a
living person is also void, although such person shall have giv en
his consent thereto.
CIVIL CODE  [CAP. 16.   
Sale of rights 
concerning grants , 
etc., made for 
maintenance. 
Cap. 12.1374. The sale or assignment of rights concerning any sum of
money or bequest granted or made expressly for maintenance or
any pension granted by the Govern ment is also null, saving, in
regard to any garnishee order affecting such sum, bequest orpension, other provisions of the Code of Organization and Civil
Procedure .
Things perished at 
the time of 
contract.1375. (1) If at the time the contract of sale is made, the thing
has totally perished, the contract is void.
(2) If the thing has perished only in part, the buyer may elect
either to repudiate the contract  or to demand the remaining par t at a
price to be fixed proportionately by means of a valuation.
Respective rights 
where buyer or 
seller knew that thing had perished.1376. (1) If the seller knew that the thing had perished, but
this was not known to the buyer, the latter may maintain an act ion
for damages.
(2) If, on the contrary, the sell er did not know that the thing had
perished but this was known to the buyer, the latter shall not be
bound to pay the price but shall be liable for damages. If the price
has been paid, the buyer shall not be entitled to claim the ref und
thereof.
Applicability of 
s.1376 where thing sold is extra 
commercium, etc.1377.  The provisions of the last preceding article shall also
apply where the sale is void on the ground that the thing was extra
commercium  or was already the pr operty of the buyer.
Sub-title IV
OF THE OBLIGATIONS OF THE SELLER
Obligations of 
seller.1378.  The seller has two principal obligations, namely, to
deliver, and to warrant the thing sold.
§ I. OF DELIVERY
Delivery of 
immovable property. 
Cap. 12.1379. The delivery of immovabl e property takes place ipso jure
on the publication of the contract of sale, saving, as regards the
delivery of possession of property sold by judicial auction, th e
provisions of the Code of Organization and Civil Procedure .
Delivery of 
movable property.1380. The delivery of movable prop erty takes place either by
handing the property to the buyer, or by handing to him the key  of
the place in which the property is lying, or by handing to him the
documents of title the delivery of which operates, according to  law,
the transfer of the property to which such documents refer, or by
causing the buyer to be acknowledged by the persons in whose
possession the property exists.
Delivery of 
movable property by mere consent.1381.  The delivery of m ovable property takes place also by the
mere consent of the parties - 
(a) when the thing sold is already in the possession of the
buyer; or
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(b) when the seller who has reserved to himself the
enjoyment of the thing sold acknowledges that he
holds the thing on behalf of the buyer; or
(c) when the transfer of the thing sold cannot be effected
at the time of the sale:
 Provided that in the cases mentioned in paragraphs ( b) and ( c),
such delivery shall not operate t o the prejudice of third parti es.
Delivery of 
incorporeal things.1382.  The delivery of incorporeal thi ngs takes place either by the
use which the buyer makes of such things with the consent of th e
seller, or by handing over the documents of title in the case o f any
right the title to which is tra nsferable by endorsement or deli very.
Expenses of 
delivery.1383. (1) The expenses of delivery are at the charge of the
seller.
(2) Such expenses shall include those of weighing, counting or
measuring the thing, where the sale is made by weight, number o r
measure.
(3) The expenses of weighing, counting or measuring are at the
charge of the buyer where the sale is made in bulk and theweighing, counting or measuring is required by the buyer in ord er
to ascertain whether the thing sold is according to the quantit y
stated or promised to him.
(4) The expenses of carriage ar e at the charge of the buyer.
Place of delivery. 1384.  Delivery must be made at th e place where the thing was at
the time of the sale.
Failure of seller to 
deliver.1385.  If the seller fails to make delivery at the time agreed upon,
the buyer may elect either to demand the dissolution of the con tract
or to demand that he be placed in possession of the thing sold,
provided the delay has been caused solely by the seller.
Liability of seller 
for damages.1386.  In all cases, the seller is liab le for damages if the buyer ha s
sustained any loss from the non-delivery of the thing at the ti me
agreed upon.
Goods arriving on 
a ship.1387.  Where a person has bound himself to deliver goods to
arrive on a ship which he has re served to name within a specifi ed
time and such person fails to name  the ship within the said tim e,
such person shall, besides being  answerable for damages, be lia ble
to deliver, within a time to be fixed by the court, according t o
circumstances, other goods of the same quality and quantity as
those forming the subj ect of the contract.
Failure to deliver 
goods arriving on a 
named ship within 
time agreed upon.1388.  The same rule shall apply where a person has bound
himself to deliver goods to arrive on a ship named in the contr act
and fails to make delivery within the time agreed upon, unless he
proves that he used due diligence for the goods to arrive withi n the
time agreed upon and that the default of arrival of such goods
within such time was due to a vis major .
Failure to deliver 
things which have 
to be weighed , 
counted or 
measured.1389.  Where the seller has bound himself to deliver , within a
specified time, things which hav e to be weighed, counted or
measured, he shall not be deemed to perform the obligation if h e
refuses to deliver the things to the buyer who presents himself  to
CIVIL CODE  [CAP. 16.   
take delivery thereof in sufficient time for the things to be w eighed,
counted or measured before the ex piration of the time so specif ied:
 Provided that where the seller is ready to make delivery of th e
things in sufficient time so that the weighing, counting or
measuring thereof may be conveniently commenced before theexpiration of the specified time,  it shall not be lawful for th e buyer,
even though he shall have previously in vain presented himself to
take delivery of the things, to  demand the dissolution of the s ale,
saving his right to maintain an action for damages as provided in
articles 1385 and 1386.
Things not 
according to 
stipulated quality 
or sample.1390. If the thing which the seller o ffers to deliver is not of the
quality promised, or is not according to the sample on which th e
sale was made, the buyer may elect either to reject the thing a nd
demand damages, or to accept the thing with a diminution of theprice upon a valuation by experts.
Payment and 
delivery are 
concurrent 
conditions.1391.  The seller is not bound to deliver the thing, if the buyer
does not pay the price thereof, unless the seller has allowed t he
buyer time for payment.
Seller not bound to 
deliver if buyer has 
become insolvent , 
etc.1392. (1) Nor shall the seller be bound to make delivery of the
thing, even though he has allowed the buyer time for the paymen t
of the price, if, since the sale, the buyer has by his own actdiminished the security which by the contract he had given to t he
seller.
(2) Nor shall he be bound to make delivery if, since the sale,
the buyer has become a bankrupt, or insolvent, or his condition  has
been so altered that t he seller is in danger of losing the pric e.
(3) The same rule shall apply where, although the buyer was in
a state of bankruptcy or insolve ncy at the time of the sale, su ch
state did not reveal itself except after t he sale and it was no t known
to the seller at the time of the sale.
(4) In the aforesaid cases, however, the seller is bound to
deliver the thing if the buyer gives him security for the payme nt of
the price at the time agreed upon.
State in which 
thing is to be delivered.1393.  The thing must be delivered in the same state in which it
was at the time of the sale.
Fruits due or 
collected.1394. (1) From the day of the sale, all fruits shall belong to the
buyer.
(2) In the case of a sale made under a suspensive condition, all
fruits which fall due or are collected before the fulfilment of  the
condition shall belo ng to the seller.
Fructus pendentes. 1395.  The fruits which are uncut or unplucked at the time of the
sale, or, where the sale is made under a suspensive condition, at the
time of the fulfilment of the condition, shall belong to the bu yer
although they had been sown by the seller.
Rent. 1396. (1) The rent of rural tenemen ts which had not fallen due
at the time of the sale or at the time of the fulfilment of the
condition shall also belong to the buyer.
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(2) In the case, however, of urban tenements or of movables,
the rent or the portion of the rent in respect of the period du ring
which the sale was made or the  condition was fulfilled, shall b e
divided between the seller and the buyer in proportion to the t ime
elapsed before the sale was made or the condition was fulfilled  and
the time that elapsed afterwards.
Freight of voyage. 1397.  In the case of sale of a ship while on her voyage, the
freight of that voyage shall belong to the buyer.
Thing to be 
delivered with 
accessories ,1398. The obligation of delivering the thing shall include that of
delivering its accessories and everything that is intended for its
perpetual use.
in the quantity 
agreed upon.1399. The seller is bound to deliver the full quantity of the thing
as stipulated in the contract, su bject to the modifications con tained
in the following articles.
Sale ad mensuram. 1400. (1) Where the sale of immovable property has been
made with an indication of the quantity at so much per measure,  the
seller shall be bound to deliver to the buyer the quantity stat ed in
the contract if th e latter requires it.
(2) If this cannot be done, or if the buyer does not require it,
the seller is obliged to accept a proportionate reduction of th e price. 
If quantity is found 
to be larger.1401.  If, on the contrary, in the case mentioned in the last
preceding article, the quantity i s found to be greater than tha t stated
in the contract, the buyer shall be bound to pay a supplement:
 Provided that where the overplu s exceeds the twentieth part of
the quantity stated in the contract, the buyer shall be at libe rty to
repudiate the sale.
Sale otherwise than 
ad mensuram.1402.  In all other cases, whether the sale is in respect of a
specified and limited corpus , or whether it is in respect of distinct
and separate tenements, or whether, in the sale, the measure is  first
stated, or the corpus  is first mentioned followed by an indication of
the measure, the indication of the measure will not entitle the  seller
to any increase of price in respect of any excess in such measu re,
nor the buyer to any diminution of price in respect of any
deficiency in such measure, unl ess the difference between the
actual measure and that stated in the contract is more than one -
twentieth whether in excess of or below the value of all the th ings
sold:
 Provided that no claim may be enforced for an increase or a
diminution of the price, notwithstanding that the difference is  more
than one-twentieth, whether in e xcess of or below the aforesaid
value, if the thing was sold by judicial auction or if it was e xpressly
stipulated that there should be no warranty as to quantity or i f the
thing was sold tale quale , saving, where the sale was not made by
judicial auction, any remedy a llowed in law in case of lesion.
Where increase of 
price is due.1403.  Where in accordance with t he provisions of the last
preceding article an increase of the price is to be paid on acc ount of
an excess in the measure, the b uyer may elect either to repudia te
the contract or, if he retains t he tenement, to pay the overplu s,
CIVIL CODE  [CAP. 16.   
together with interest.
Duties of seller , 
where buyer elects 
to repudiate 
contract.1404.  In all cases in which the buyer is entitled to repudiate the
contract, the seller is bound to return to him, in addition to the price
if received by him, the expenses of the contract and any other
lawful expense incurred in connection with the sale.
Sale of two 
tenements by the 
same contract.1405.  Where two tenements have been sold by one and the same
contract, and for one and the same price, the measure of each
tenement being specified in the contract, and it  is found that one of
the tenements is smalle r and the other larger than the measure
specified, set-off takes place to the extent of the difference;  and an
action for an increase or diminution of price is only maintaina ble in
accordance with the rules set f orth in the foregoing articles.
How increase or 
diminution of price 
is to be reckoned.1406.  In all cases where an increas e or a diminution of price is
due, the price shall be increased or diminished only to the ext ent by
which the excess or deficiency of the quantity is greater than that
allowed by law.
Limitation of 
action.1407. (1) The action of the seller for an increase of the price,
and the action of the buyer for a diminution of the price or fo r
repudiation of the contract shall be barred by the lapse of two  years
from the day of the contract.
( 2 ) T h e  s a i d  p e r i o d  o f  l i m i t a t i o n  s h a l l  r u n  a g a i n s t  a b s e n t e e s ,
persons interdicted, married women and minors, if they claim un der
a seller or a buyer against whom  the running of the said period  of
limitation is not suspended.
§ II. O F WARRANTY
Warranty. 1408. The warranty which the seller owes to the buyer is in
respect of the quiet possession of the thing sold and of any la tent
defect therein.
OF WARRANTY OF THE QUIET POSSESSION OF THE THING SOLD
Implied warranty. 1409.  Although no stipulation of warranty has been made in the
contract of sale, the seller is in law bound to warrant the buy er
against any eviction which deprives him, in whole or in part, o f the
thing sold, and against any easement or burden on the same,
claimed by others, and not stated in the contract.
Special agreement. 1410. It shall be lawful for the par ties, by special agreement, to
add to, or diminish the effects of such implied warranty, or to
stipulate that the seller shall not be liable to any warranty.
Liability of seller , 
where warranty has 
been negatived.1411.  Although it is agreed that the seller should not be subject
to any warranty, nevertheless he shall be liable to that warran ty
which arises from his own act; and any agreement to the contrar y is
void.
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In case of eviction , 
seller to return 
price.1412.  Even in case of a stipulation of no warranty, the seller, in
case of eviction shall, in the absence of an express agreement to the
contrary, be bound to return the price.
Rights of buyer on 
eviction , when 
warranty is 
promised or 
implied.1413.  Where there is a promise of warranty or where no
stipulation has been made in reg ard thereto, the buyer shall up on
eviction be entitled to claim from the seller - 
(a) the return of the price;
(b) the return of the fruits, if the buyer has been obliged to
return them to the owner who has recovered the thing;
(c) all judicial costs, including those for giving notice of
the suit to the person from whom he derives his title;
(d) damages, including the lawfu l expenses of the contract
and any other lawful expens e incurred in connection
with the sale.
Decrease in value 
of thing at time of eviction.1414. (1) Where, at the time of eviction, the thing sold has
decreased in value or has considerably deteriorated, either thr ough
the negligence of the buyer or by irresistible force, the selle r is still
bound to return the full price.
(2) Where, however, the buyer has derived a benefit from the
deterioration occasioned by him, t he seller shall be entitled t o
deduct from the price a sum corresponding to such benefit.
Increase in value. 1415.  If, at the time of eviction, t he thing sold has increased in
value, even irrespective of the act of the buyer, the seller sh all be
obliged to pay to the buyer the amount exceeding the price of t he
sale.
Repayment of 
expenses.1416. (1) The seller is bound to repay to the buyer or to cause
to be repaid to him by the person who has recovered the tenemen t
all expenses incurred by him in connection with any repairs or
useful improvements made on the tenement.
(2) Where the seller has sold the tenement of another person in
bad faith, he shall be bound to p ay to the buyer all expenses, even
decorative expenses, which the latter may have made on the
tenement.
Eviction from part 
of thing.1417. (1) Where the eviction is only of part of the thing, and
such part is of such importance in relation to the whole that w ithout
it the buyer would not have bought the thing, he may within a y ear
from the day on which the judgment as to the eviction has becom e
final and absolute, demand the dissolution of the sale.
(2) The said time shall run as provided in sub-article (2) of
article 1407.
Valuation of part. 1418.  Where, in the case referred t o in the last preceding article,
the buyer does not elect to dissolve the sale, the value to be
refunded to him by the seller in respect of the part affected b y the
eviction shall be determined not in proportion to the entire pr ice of
the sale but in accordance with a  valuation in which regard wil l be
had to the time of the eviction, irrespective of any increase o r
decrease in the value  of the thing sold.
CIVIL CODE  [CAP. 16.   
Warranty in regard 
to easements not 
declared.1419. (1) Where the tenement sold is subject to non-apparent
easements whereof no declaration was made and such easements
are of such importance that it may be presumed that the buyer
would not have bought the tenement if he had been given notice of
them, he may demand either the dissolution of the sale or
compensation.
(2) The provisions of this article  shall not apply in the case o f a
judicial sale by auction.
Rights of buyer , 
where tenement is 
sold as free from 
easements or 
burdens.1420. Where, however, a tenement has been sold as free and
exempt from any easement or other burden, or where the warranty
has been otherwise expressly promised, in such cases the buyermay demand either the dissolution of the sale or compensation, if
the seller shall not cause any easement or other burden not dec lared
in the contract to cease, even though such easement or other bu rden
be apparent, and it be proved that it was known to the buyer at  the
time of the sale, unless it is clearly shown that it was not th e
intention of the parties to incl ude such easement or burden in the
promise of warranty.
Where buyer has 
prevented eviction 
by paying a sum of 
money.1421.  Where the buyer has prevented eviction of the tenement by
paying a sum of money, the seller may free himself of all the
consequences of the warranty by refunding to him the sum paid
together with interest, and all expenses.
Where buyer fails 
to make seller a 
party to the proceedings in 
eviction.1422.  The warranty against eviction ceases if the buyer has
suffered a final and absolute ju dgment to be given against him
without making the seller a party to the suit, if the latter pr oves that
he could have set up a good defence, not set up by the buyer,
whereby the action would have been dismissed.
Limitation of 
action for breach of 
warranty.1423. (1) In all cases where a shorter period is not fixed, the
action for breach of warranty aga inst eviction shall be barred by the
lapse of two years to be reckoned from the day on which thejudgment against the buyer has become final and absolute.
(2) The said period of limitation shall run as provided in sub-
article (2) of article 1407.
OF WARRANTY IN RESPECT OF LATENT DEFECTS OF THE THING 
SOLD
Warranty in respect 
of latent defects.1424. The seller is bound to warrant the thing sold against any
latent defects which render it unfit for the use for which it i s
intended, or which diminish its value to such an extent that th e
buyer would not have bought it or would have tendered a smallerprice, if he had b een aware of them.
Seller not liable for 
apparent defects.1425.  The seller is not answerable for any apparent defects
which the buyer might have discovered for himself.
Seller answerable 
for latent defects.1426.  Nevertheless, he is answerable for latent defects, even
though they were not known to him, unless he has stipulated tha t he
shall not in any such case be bound to any warranty.
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Actio redhibitoria  
and actio 
aestimatoria .1427. In the cases referred to in articles 1424 and 1426, the
buyer may elect either, by instituting the actio redhibitoria , to
restore the thing and have the price repaid to him, or, by inst ituting
the actio  aestimatoria , to retain the thing and have a part of the
price repaid to him which sha ll be determined by the court.
Where defect is in 
one of two or more 
things sold 
together.1428. (1) Where two or more things are sold together, so that
one would not have been sold or bought without the other, and o ne
of such things has a defect which gives rise to the actio redhibitoria
or aestimatoria , the buyer may not institute the  actio redhibitoria
but in respect of all the things sold, although a price was spe cified
in respect of each.
(2) Where, however, the things sold together are independent
of one another, the said action may not be instituted but in re spect
of the defective thing, although all the things had been sold f or a
single price; and in such case the seller is bound to repay the  price
of such thing according to a valuation to be made on the basis of
the total price agreed upon.
Where defects 
were known or not 
to the seller.1429. (1) If the defects of the thing sold were known to the
seller, he is not only bound to repay the price received by him  but
he is also liable in dam ages towards the buyer.
(2) If the defects were not known to the seller, he is only boun d
to repay the price and to refund to the buyer the expenses incu rred
in connection with the sale.
Where defective 
thing perishes.1430. (1) If the defective thing perishes in consequence of its
defects, the loss is borne by the seller, who shall be bound to  repay
the price to the buyer and to indemnify him as provided in the last
preceding article.
(2) If the thing perishes by a fortuitous event, the loss is bor ne
by the buyer.
Limitation of 
action.
Amended by: XXVIII.1994
.45. 1431. (1) The  actio redhibitoria  a n d  t h e  actio aestimatoria
shall, in regard to immovables, be barred by the lapse of one y ear
as from the day of the contract, and, in regard to movables, by  the
lapse of six months as from the day of the delivery of the thin g
sold.
(2) Where, however, it was not possible for the buyer to
discover the latent defect of the thing, the said periods of li mitation
shall run only from the day on which it was possible for him todiscover such defect.
(3) The said periods of limitation shall run as provided in sub-
article (2) of article 1407.
Actions not 
maintainable in 
case of judicial 
sales.1432. The a ctio redhibitoria and the actio aestimatoria  cannot
be maintained in case of j udicial sales by auction.
Sub-title V
OF THE OBLIGATIONS OF THE BUYER
CIVIL CODE  [CAP. 16.   
When and where 
price is to be paid.1433. If the time and place for the payment of the price are not
stated in the contract, the buye r must pay at the time and plac e of
the delivery of the thing.
When buyer is 
bound to pay 
interest.1434.  The buyer, even though ther e be no agreement to that
effect, is bound to pay interest on the price up to the day of
payment at the rate of five per cent per annum , indiscriminately in
the following cases:
(a) if the thing sold and delivered yields fruits or other
profits;
(b) if, even though the thing yields no fruits or other
profits, he has been called upon by means of a judicial
intimation to pay the price;
(c) if the delivery of the thing, being movable, has not
taken place through the fault of the buyer, and the
seller has called upon him, by means of a judicial
intimation, to take delivery of the thing:
 Provided that in the cases mentioned in paragraphs  (b) and ( c),
interest shall run only from the day of the service of the said
judicial intimation.
When buyer is not 
bound to pay 
interest.1435. (1) The buyer is not bound to pay interest during the
time allowed to him in the contr act for the payment of the pric e.
(2) Nevertheless, any time allowed by the seller after the
contract of sale shall not operate  as a waiver of the interest on the
price, unless such time be allowed under a will.
Where thing is 
capable of yielding fruits.1436.  If the thing is capable of yielding fruits or other profits,
the buyer shall still be bound to pay interest on the price, ev en
though owing to a fortuitous event or for any other cause the t hing
shall have yielded no fruits or other profits during the time w hen
the price was still owing.
When purchaser 
may suspend 
payment of price.1437. (1) If the buyer is disturbed in the possession of the
thing or has reasonable cause to fear that he will be so distur bed, by
any action hypothecary or for the recovery of the thing rei
vindicatio , he may suspend the payment of the price until the seller
shall have caused the molestatio n to cease or shall have remove d
the cause for which such molesta tion is feared, unless the sell er
elects to give security, or unle ss it was agreed that the buyer  was to
pay notwithstanding any molestation.
(2) Nevertheless, even in the cas e mentioned in this article, in
the event of any of the circumst ances referred to in article 14 34, the
buyer, if he suspends payment of the price, shall owe interestthereon, unless he elects to pay the price into court.
When seller may 
demand dissolution 
of sale on ground 
of non-payment of price.1438. (1) The seller of an immovable cannot demand the
dissolution of the sale on the ground that the price has not be en
paid to him.
(2) In the case, however, of goods or other movables, the
dissolution of the sale, even though no express resolutive cond ition
is attached to the contract, shall take place  ipso jure  in favour of the
seller, if the buyer previously t o the expiration of the time f ixed for
  310     [CAP. 16.           CIVIL CODE
the delivery of the thing, has not presented himself to take de livery
thereof or if on presenting himself to take delivery of the thi ng he
has not concurrently tendered th e price, unless a term of credi t has
been agreed upon for the payment thereof.
Rights of unpaid 
seller over the goods.1439.  If the sale of a movable was made without any stipulation
as to credit, the seller may, in default of payment, take back the
thing sold, if it is still in t he actual possession of the buye r, or
restrain the buyer from reselling the thing, provided the deman d for
the recovery of the thing be made within fifteen days of thedelivery and the thing be in the same condition in which it was  at
the time of the delivery.
Sub-title VI
OF THE DISSOLUTION AND RESCISSION OF SALES
Dissolution of 
contract of sale by 
redemption.Rescission of 
contract on the 
ground of lesion.Amended by:
IV .1961.2.1440.  Independently of the causes of rescission or dissolution
already mentioned in this Title, and of those which apply to al l
agreements, a contract of sale m ay be, in whole or in part, dis solved
by the exercise of the right of redemption and may be rescinded  on
the ground of lesion.
Amended by: 
IV .1961.3.OF REDEMPTION
Right of 
redemption. 
Substituted by: IV .1961.4. 1441.  The right of redemption is created by agreement.
Action for 
redemption. Amended by: 
IV .1961.2,5.1442. The action for the recovery o f an immovable, in pursuance
of a right of redemption, may be instituted not only against th e
buyer, but also against any other possessor of the immovable; a nd
upon the re-sale, the immovable passes to the party exercising the
right of redemption, free from a ny hypothec, easement or other
burden with which the buyer or other possessor may have charged
it; saving, in regard to any cont ract of lease, the provisions
contained in articles 1530 and 1531.
Duties of party 
exercising right of 
redemption. 
Amended by: 
IV .1961.2.1443. The party exercising the right of redemption is bound to
return to the party against whom such right is exercised the pr ice of
the sale giving rise to the exercise of such right, and any oth er
lawful expense incurred by the buyer in connection with such sa le,
as well as all necessary and useful expenses made on the thingeither by the buyer or by any other possessor, even though for any
cause whatsoever for which neither the party against whom the s aid
right is exercised nor any other  former possessor is responsibl e, the
effect of such expense s no longer exists.
CIVIL CODE  [CAP. 16.   
Right to interest of 
party against 
whom redemption 
is exercised. Amended by: 
IV .1961.2.1444.  The party against whom the said right is exercised is
entitled to interest from the day of the respective disbursemen ts
which according to the last preced ing article are to be refunde d to
him, subject, however, to the deduction of the value of the fru its
which, as from the day of the sale giving rise to the exercise of the
right of redemption he or any other former possessor has collec ted
or by the use of the diligence of a bonus paterfamilias  could have
collected:
 Provided that he may retain the fruits aforesaid and waive his
right to interest.
When right to 
interest ceases. 
Amended by: 
IV .1961.2.1445.  The right to interest of the party against whom redemption
is exercised shall cease as from the day on which he is notifie d of
the deposit of the sums which are to be refunded to him, provid ed
the payment out of such deposit be not, without just cause,restrained by the party exercising the right of redemption, in which
case, the right to interest will not cease except from the day on
which the restraint ceases.
Restoration of 
fruits. 
Amended by: IV .1961.2.1446.  From the same day on which his right to interest ceases,
the party against whom the right of redemption is exercised is
bound to restore to the party exercising such right all fruits which
up to the day of the release of the thing he has collected or, by the
use of the diligence of a bonus paterfamilias , could have collected.
Fructus 
pendentes. 
Amended by: IV .1961.2.1447.  Fruits which are pending on the day of the release of the
thing shall belong to the party exercising the right of redempt ion,
subject, however, to his obligation to reimburse the expenseincurred for their produ ction and preservation.
How right of 
redemption is exercised. 
Amended by; 
IV .1961.2.1448. (1) The right of redemption is exercised by presenting a
schedule of redemption, in the registry of the competent court,regard being had to the place of residence of the possessor of the
thing.
(2) The party exercising the right of redemption, however, shall
be deemed to have validly exerci sed such right by presenting th e
schedule in the registry of the competent court according to th e
place of residence of the buyer, u nless he shall have previousl y
been, by means of a judicial intimation, informed of the transf er of
the thing from the buyer to another person; and in such case al l
subsequent acts relating to the right of redemption so exercise d
shall be presented in the same court.
Deposit to be made 
by party exercising 
the right of redemption. 
Amended by: 
IV .1961.2,6.1449.   The party exercising the right of redemption shall,
together with the said schedule, or within ten days from the
presentation thereof, deposit  a sum which will include - 
(a) the price of the sale giving rise to the exercise of such
right;
(b) the fees of the notary before whom the deed of such
sale was received;
(c) the fees paid for the registration of the said deed in the
Public Registry where such registration has taken
place;
(d) any other lawful expense which from the deed of that
  312     [CAP. 16.           CIVIL CODE
sale appears, or which the party aforesaid otherwise
knows to have been incurred by or charged to the
buyer.
Time for deposit. 
Amended by: 
IV .1961.2.1450. (1) Where a right of redemption has been exercised, it
may not be impeached on the ground that the deposit was made
after the time fixed for the exercise of such right, provided t he
deposit is made within the ten days mentioned in the last prece ding
article.
(2) Where, however, the deposit is not made within the ten days
as aforesaid the schedule of redemption shall cease to be effec tual,
even though the deposit shall have been made before the lapse o f
the time fixed for the exercise of the said right, saving the p ower of
the party presenting the schedule to exercise again the right o f
redemption by presenting a fresh schedule within such time, and
saving also any other provisions contained in articles 1451 to 1468.
Default of deposit 
in whole or in part. 
Amended by: 
IV .1961.2.1451. (1) Nor may the exercise of the right of redemption be
impeached for default of the depos it in whole or in part, if th e party
exercising such right, instead o f the deposit or of the deficie ncy in
the amount of the deposit, has offered to set off an equal sum,liquidated and exigible, owing to him by the party against whom
the said right is exercised, or if, where the default of the de posit is
only in part, it clearly appear s from the circumstances that th e
deficiency was due to inadvertence or error.
(2) The fact, however, that the deficiency was due to
inadvertence or error, shall not benefit the party exercising t he said
right, unless he shall supplement the deposit within ten days f rom
the day on which the party against whom the said right is exerc ised
shall have, by means of a judic ial act, called upon him to do s o.
Party exercising 
right of redemption 
may recede 
therefrom. Amended by: 
IV .1961.2.1452. The party exercising the ri ght of redemption may recede
therefrom until the party against whom such right is exercised shall
have signified, by means of a j udicial act, his acceptance ther eof.
Re-sale to party 
exercising right of 
redemption. 
Amended by: IV .1961.2.1453. (1) The party against whom th e said right is exercised is
not bound to make the re-sale of the thing in favour of the par ty
exercising such right until the latter shall have fulfilled all  his
obligations in accordan ce with the provisions of articles 1443,  1444
and 1445.
(2) The expenses of the re-sale shall be at the charge of the
party exercising the said right.
Rights of parties. 
Amended by:IV .1961.2.1454. (1) The party against whom the right of redemption is
exercised may at any time after t he presentation of the schedul e of
redemption, demand the liquidati on of the expenses, necessary o r
useful, to which he is entitled,  and compel the party exercisin g such
right to pay the said expenses on the day which, on the demand of
the former, the court shall have fixed for the re-sale.
(2) The party exercising the right of redemption may also at
any time after the presentation of the schedule, demand that th e
CIVIL CODE  [CAP. 16.   
expenses aforesaid be liquidated and that the defendant be
condemned to make the re-sale at  such time and in such manner a s
the court shall direct.
Where thing is 
damaged in 
consequence of a fortuitous event. 
Amended by: 
IV .1961.2.1455. Where the thing is damaged i n consequence of a fortuitous
event, the party exercising the right of redemption shall not b e
entitled to any abatement of the sums due by him under theprovisions of the foregoing articles.
Where thing is 
damaged by the 
defendant or any former possessor. 
Amended by: 
IV .1961.2,7.1456. Where the thing has been dam aged by the party against
whom the right of redemption is exercised or by any other forme r
possessor, the party exercising such right shall only be entitl ed to
claim damages up to the amount of the profit which the tort-fea sor
may have derived therefrom, unless it is shown that the latter
caused the damage for the purpose of avoiding the redemption, o r
of prejudicing the party exercising such right, saving the prov isions
of article 1461.
Times are 
peremptory. 
Amended by: IV .1961.8.1457. Any time established by law in regard to the right of
redemption, is peremptory.
Right of 
redemption.1458. (1) It shall be lawful for the se ller in the contract of sale,
to reserve to himself the right of redemption, or the power of taking
back the thing sold, by returnin g the price, and paying the exp enses
and interest as provided in articles 1443, 1444 and 1445.
(2) Any agreement whereby the seller is to return a higher sum
is null in regard to the excess.
Right of 
redemption may 
not be reserved for 
a period exceeding five years.1459. (1) The right of redemption cannot be reserved for a
period exceeding five years to be reckoned from the day of the sale.
(2) Where the right of redemption has been reserved without
any limitation of time, or for a period exceeding five years, t he
agreement is null in  regard to any time exceeding five years.
(3) The period fixed by the contract or reduced as aforesaid, is
peremptory; and it runs also agai nst minors and persons interdi cted
or absent.
Right of 
redemption exercisable against 
third party in 
possession.1460. (1) The seller of an immovable who has reserved to
himself the right of redemption may exercise such right against  a
third party in possession even though no mention of such right shall
have been made in the contract whereby such third party shall h ave
acquired the immovable.
(2) In regard to movables, the right of redemption cannot be
exercised if the movables have pa ssed into the hands of a third
party.
Rights of buyer 
under covenant of 
redemption.1461. (1) The buyer under a covenant of redemption may
exercise all the rights of his s eller; he may prescribe against  the
true owner as well as against persons claiming to have rights o r
hypothecs on the thing sold; and may also set up the benefit ofdiscussion against the creditors of his seller.
(2) He may not, however, alter the form of the thing sold.
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Where buyer of an 
undivided portion 
of a tenement 
acquires the whole tenement.1462. If the buyer of an undivided portion of a tenement under a
covenant of redemption becomes the owner of the whole tenement
as a result of proceedings of licitation instituted against him , he
may compel the seller desiring t o enforce such covenant to rede em
the whole tenement.
Where sellers are 
two or more , 
redemption how 
exercisable.1463. If several persons have jointly and by a single contract
sold a tenement held in community, each may exercise the right of
redemption in respect only of  the portion which he owned.
Right of heirs of 
seller.1464. Where the person who alone has sold a tenement has left
several heirs, each of them may exercise the right of redemptio n in
respect of that portion only which he takes as heir.
Rights of buyer 
against co-sellers or co-heirs.1465. (1) The buyer, however, in the cases mentioned in the
last two preceding articles, may, by means of a judicial act, c all
upon all the other sellers of the common property, or all the o ther
co-heirs, to declare whether they  too desire to exercise the ri ght of
redemption in regard to their respective portions.
(2) The co-sellers or co-heirs so called upon shall make the
aforesaid declaration within the  time remaining for the exercis e of
the right of redemption, provide d that if such time is less tha n ten
days, or has entirely elapsed, s uch declaration shall be made w ithin
ten days to be reckoned from the service of the said judicial a ct.
In default of 
declaration by co-sellers or co-heirs 
buyer becomes 
irrevocably owner of whole tenement.1466. If within the aforesaid time any of the co-sellers or co-
heirs fails to declare that he desires to exercise the right ofredemption in respect of his portion, the buyer shall become
irrevocably the owner of the whol e tenement, unless such of the  co-
sellers or co-heirs as may have exercised the right of redempti on in
respect of their portion shall, upon being called upon by the b uyer
by means of a judicial act, and within ten days from the servic e
thereof, redeem the whole te nement in accordance with the
provisions of article 1448.
When each seller 
may exercise the right of redemption 
separately.1467. If the sale of a tenement bel onging to several persons has
not been made jointly and in respect of the whole tenement, buteach of such persons has separat ely sold his portion, each sell er
may exercise the right of redemp tion separately in respect of t he
portion which belonged to him, and it shall not be competent to  the
buyer to compel the person who so exercises his right of
redemption to redeem t he whole tenement.
Right of 
redemption against 
heirs of buyer.1468. (1) If the buyer has left several heirs, the right of
redemption may only be exercised against each of them in respec t
of his share, irrespective of wh ether the tenement sold is stil l
undivided, or whether a partition thereof has already been made
among the heirs.
(2) Nevertheless, if the estate h as been divided, and the thing
sold has been entirely allotted t o the share of one of the heir s, the
right of redemption can  be exercised against such heir in respe ct of
the whole tenement.
CIVIL CODE  [CAP. 16.   
Sub-title VII
OF THE ASSIGNMENT OF DEBTS AND OTHER RIGHTS
Assignment of 
debts, etc. 1469. The assignment or sale of a debt, or of a right or of a cause
of action is complete, and the ownership is ipso jure acquired by
the assignee as soon as the debt,  the right or the cause of act ion,
and the price have been agreed upon, and, except in the case of  a
right transferable by the delivery of the respective document o f
title, the deed of assignment is made.
Assignment to be 
made in writing.1470. (1) The assignment is not valid unless made in writing.
 (2) The assignment of hereditary rights, or of debts, rights or
causes of action arising from public deeds is void unless made by a
public deed.
Notice to debtor. 1471. The assignee may not, in regard to third parties, exercise
the rights assigned t o him except after du e notice of the assig nment
has been given to the debtor, by means of a judicial act, by th e
assignee himself or by the assignor.
Where no notice 
has been given.1472. In default of such notice, or until such notice is given -
 (a) the debtor may not set up the assignment against his
creditor, and if he pays the debt to him he is thereby
discharged;
(b) if the creditor, after having assigned the debt to one
person, makes a second assignment thereof to anotherperson who is in good faith, such other person, if he
has given notice of the assignment made in his favour,
shall be preferred t o the former assignee;
(c) if the creditors of the assignor shall sue out a garnishee
order attaching the sum due in the hands of the debtor,
they shall be preferred to the assignee, even though
they have become creditors only after the assignment;
(d) the debtor is entitled to set off any sum which may
become due to him by the assignor; but the assignee
may not set off the debt assigned to him against any
sum owing by him to the debtor.
Acknowledge-
ment of assignment 
by debtor.1473. The notice is not necessary if the debtor has acknowled-
ged the assignment.
Assignment of bills 
of exchange , etc.1474. Neither the notice, nor the acknowledgment referred to in
the last preceding article shall be necessary in regard to bill s of
exchange or other documents of title transferable by endorsemen t
or delivery.
Rights included in 
the assignment.1475. The assignment of a debt incl udes every security, privilege
or hypothec attached to the de bt and every other thing accessor y to
it; but it shall not include the fruits accrued due or any resc issory
action, unless express mention thereof has been made in theassignment.
Warranty. 1476. (1) The assignor of a debt or any other right is bound to
  316     [CAP. 16.           CIVIL CODE
warrant its existence at the time of the assignment, although n o
express stipulation of warranty has been made in the assignment .
(2) If the debt does not exist, the assignor is bound to return the
price received, unless the warranty as to the existence of the debt
has been negatived either by a d eclaration of the assignor that  he
was making the assignment without any warranty, or by other
words to that effect.
Solvency of debtor 
not included in 
warranty unless 
stipulated.1477. (1) The assignor is not answerable for the solvency,
whether present or future, of the debtor, unless he has express ly
bound himself thereto, either by declaring the debt good and
collectable or by other  words to that effect.
(2) If the assignor has promise d such warranty, he shall be
bound only to the extent of the price of the assignment.
Duration of 
warranty of debtors’ solvency.1478. (1) Where the assignor has warranted the solvency of
the debtor without any limitation as to the duration of suchwarranty, such warranty shall be limited to one year as from th e day
of the assignment if the debt has already fallen due, or from t he day
on which the debt falls due if at the time of the assignment it  has
not yet fallen due.
(2) Where the subject-matter of the assignment is a right to an
annuity, the warranty shall not extend beyond ten years from th e
day of the assignment.
Cessation of 
warranty.1479. The obligation as to warranty ceases, if the debt becomes
irrecoverable through the negligence of the assignee.
Assignee to 
proceed against 
debtor before 
proceeding against assignor.1480. (1) The assignee is bound to proceed against the debtor
before he can proceed against the assignor, unless it is agreed  that
the assignor shall pay for the debtor should the latter fail to  pay on
mere demand.
(2) If there is such an agreement the assignee is not bound to d o
any act to safeguard the debt; an d the assignor is liable to th e extent
of the debt assigned.
Warranty in case of 
sale of inheritance.1481. (1) A person who sells an inheritance without distinctly
specifying the things of which it consists, is only bound to wa rrant
his capacity as heir.
(2) If the inheritance does not exist because the succession is
not yet open, or if it exists but the seller has no right to it , he is
bound to restore to the buyer the price and shall be liable tow ards
him in damages.
(3) A person who has only sold his claim to a succession so
that the buyer may bring forward such claim at his own risk, is  not
bound to any warranty nor to return the price.
Where seller is 
debtor to or 
creditor of 
inheritance.1482. If the seller is himself a debtor towards the inheritance or
has received any property of the inheritance, he is bound to pa y his
debt to, or, as the case may be, indemnify the buyer: on the ot her
hand, the buyer is bound to restore to the seller any sum which  the
latter may have paid in satisfaction of any debt or burden of t he
CIVIL CODE  [CAP. 16.   
inheritance and to pay to the se ller any claim which the latter  may
have against the inheritance, unl ess, in either case, it be oth erwise
stipulated.
Assignment of a 
litigious right. 1483. (1) Where a litigious right has been assigned, the debtor
in the obligation may obtain his release from the assignee by
reimbursing to him the actual pr ice of the assignment together with
the expenses and interest to be reckoned from the day of the
payment of the said price by the assignee.
(2) A  right is deemed to be litigious, if there is a contested suit
as to the existence th ereof or if the debt due is not liquidate d and is
difficult to liquidate.
Inapplicability of 
s.1483.1484. The provisions of the last preceding article shall not
apply-
(a) if the assignment has been made by a co-heir or a co-
owner, to another co-heir or co-owner of the right soassigned;
(b) if the assignment has been made to a creditor in
satisfaction of his claim;
(c) if the assignment has been made to the possessor of the
tenement subject to the litigious right;
(d) if the assignment has been made under a purely
gratuitous title.
Factoring.
Added by:V .2006
.26.1484A. (1) In the case of an assignment of one or more debts
where:
(a) the assignor is a trader;
(b) the debts being assigned arise out of or in connection
w i t h  t h e  t r a d e  o r  b u s i n e s s  b e i n g  c a r r i e d  o u t  b y  t h e
trader; and
Cap. 371.(c) the assignee is a person licensed to carry out the
business of banking or the business of factoring under
the applicable laws of Malta, or the equivalent laws ina jurisdiction recognised by the competent authority
appointed in terms of the Banking Act
,
such assignment of debts shall be governed by the provisions of
this Sub-Title, as varied by this article.
(2) Classes of existing debts may be assigned provided that the
debtor be identified in the contract of assignment.
(3) Future debts, or classes thereof, may also be assigned
provided that the debtor and the latest date by which the futur e
debts shall come into existence be identified in the contract o f
assignment. In such cases an assignment is effective at the tim e of
the conclusion of the contract without a new assignment being
required when such deb t comes into existence.
( 4 ) I n  t h e  c a s e  o f  t h e  a s s i g n m e n t  o f  d e b t s  r e f e r r e d  t o  i n  t h i s
article, the assignee may not, in regard to third parties, exer cise the
rights assigned to him except after due notice of the assignmen t has
been given to the debtor by the assignee himself or by the assi gnor
  318     [CAP. 16.           CIVIL CODE
and, in the case of an assignment  of future debts, or of classe s
thereof, no further notice shall be required when the future de bt
comes into existence.
(5) Notice of an assignment m ay be evidenced in writing by
any means, including by a notice sent to the debtor together wi th
the document evidencing the debt and need not be signed by the
assignor or the assignee.
(6) The assignment need not state a fixed price nor need the
price be in money. The price may also be determined by referenc e
to any formula or method a greed between the parties.
(7) The assignor shall be answerable for the solvency, whether
present or future, of the debtor, to the extent of the price of  the
assignment, unless the assignee renounces to such warranty in
whole or in part.
(8) In the event of insolvency or bankruptcy of the assignor, th e
assignment of future debts which  have not yet come into existen ce
on the date a winding-up or bankruptcy order is made by a Court ,
may be rescinded by the liquidat or or the curator of the assign or.
The right of rescission of the assignment of future debts shall  be
conditional on the refund of any consideration paid by the assi gnee
to the assignor for such future debts.
(9) Articles 1483(1), 1506(1), 2013(3) shall not apply to
assignment of existing or future debts, or classes thereof, gov erned
by this article.
(10) All the above provisions shall apply mutatis mutandis  to the
pledging of debts referred to in this article and the provision s of
Title XXI of Part II of Book Second of this Code shall be const rued
accordingly.
(11) Articles 1980 to 1984 of this Code shall not apply and an
assignee shall have a right of use over, and the right to sub-p ledge,
debts which have been assigned to him.
Title  VII
OF EXCHANGE
Definition of 
contract of exchange.1485. (1) Exchange is a contract whereby the parties mutually
bind themselves to give to one another a thing, not being money .
(2) Exchange takes place by bare consent, in the same manner
as sale.
Supplement in 
money.1486. (1) The contract shall not cease to be a contract of
exchange, even though the value of the things which the partiesbind themselves to give to one another has been stated or one o f the
parties has bound himself to give together with the thing, a
supplement in money.
(2) Nevertheless, if the sum of m oney which one of the parties
CIVIL CODE  [CAP. 16.   
binds himself to pay exceeds the value of the thing which such
party binds himself to give, the contract shall be deemed to be  a
contract of purchase and sale in regard to all the things which  the
parties have bound themselv es to give to one another.
Rights of party to 
whom a supplement in 
money is due.1487. The party to whom a supplement in money is due, may
exercise over the thing which he  has given all rights and privi leges
competent to a seller in respect  of the price, even though the
contract is, under the provisions  of the last preceding article , a
contract of exchange.
Exchange of 
movable for immovable.1488. A movable may be exchanged for an immovable.
When exchange is 
to be made by public deed.1489. In any case, however, wher e an immovable is given in
exchange for a movable or an imm ovable, the contract is void if  not
made by a public deed.
When party to 
exchange may refuse to deliver 
thing.1490. A party to an exchange who, after having received the
thing given to him in exchange, proves that he who has given th e
thing to him is not the owner thereof, cannot be compelled to
deliver the thing which he has promised to give, but only to re turn
the thing which he has received.
Rights of party to 
exchange in case of eviction.1491. (1) A  party to an exchange who has suffered the eviction
of the thing which he has received in exchange, may at his opti on,
either demand damages, or rec over the thing given by him.
(2) Where such party elects to recover the thing, he may, if the
thing is an immovable, maintain an action for the recovery of t he
thing even against a third party in possession thereof; and he shall
take it back free from any burden  or hypothec with which the ot her
party to the exchange or the third party in possession may have
charged it:
 Provided that in regard to an y lease made in good faith and on
fair conditions, the provisions  of article 1530 shall apply.
Expenses of 
contract of 
exchange.1492. (1) All expenses of, or inci dental to the contract of
exchange shall be borne by the two contracting parties, in equa l
shares.
Cap. 12.(2) Nevertheless, the expense necessary for freeing an
immovable from the fetters of any entail or from any hypothec,
easement or other burden in accordance with the provisionscontained in Title II of Part II of Book Second of the Code of
Organization and Civil Procedure , shall be borne by the party to the
exchange who receives such immovable.
Rules of sale to 
apply to exchange.1493. Any other rule relating to the contract of sale shall also
apply to a contract of exchange.
  320     [CAP. 16.           CIVIL CODE
Title  VIII
OF EMPHYTEUSIS
Definition of 
contract of 
emphyteusis. Amended by: 
IV .1961.9.1494. (1) Emphyteusis is a contract whereby one of the
contracting parties grants to th e other, in perpetuity or for a  time, a
tenement for a stated yearly rent or ground-rent which the latt er
binds himself to pay to the former, either in money or in kind,  as an
acknowledgment of the tenure.
(2) The provisions of this Title shall apply to any emphyteusis
whatsoever, even where the amount of the ground-rent shall have
been fixed with r eference to the value of the fruits of the ten ement.
By whom 
emphyteutical grants may be 
made.1495. Emphyteutical grants may not be made by persons who are
under a disability to alienate property, unless expressly autho rized
to that effect by the competen t authority, according to law.
Emphyteutical 
grant of tenements 
subject to entail. 
Cap. 12.1496. Notwithstanding any prohibition in the deed creating the
entail, possessors of tenements  subject to entail may, in accor dance
with the provisions contained in Sub-title V of Title VIII of P art I
of Book Second and in Title I of Part II of Book Second of the Code
of Organization and Civil Procedure , obtain from the competent
court authority to grant such tenements on emphyteusis, in
perpetuity or for a time, provided the court is satisfied that such
grant is to the advantage of the per sons entitled to succeed.
When grant is null. 1497.  Emphyteusis is null - 
(a) if not made by a public deed; or
(b) if the grant is otherwise than in perpetuity or for a
stated time to be reckoned  from any certain day; or 
(c) if the amount of the ground-rent is not expressly stated
in the contract.
When certain 
grants are to be 
deemed 
emphyteutical.1498. (1) Where a tenement is granted for a time exceeding
sixteen years or in such manner th at the grant may by the grant ee be
made to last for more than sixteen years, and, in either case, under
conditions which are in accordance with the provisions of thefollowing article of this Title rather than with those relating  to
contracts of letting and hiring, the grant shall be deemed to b e an
emphyteutical grant, al though the parties shall have termed it a
contract of letting and hiring; and any such grant is null if m ade
otherwise than by a public deed.
(2) On the contrary, where a tene ment is granted under a title o f
emphyteusis, the grant shall be  deemed to be an emphyteutical
grant, notwithstanding the shortness of the period for which it  is
made and the nature of the stipulations attached thereto.
Parties may make 
stipulations not 
contrary to law. 
Substituted by: XXVII.1976.3. 
Amended by: 
XXX.1981
.10.1499. (1) The rules contained in the foregoing articles and in
articles 1501,1502, 1512, 1513 and 1519, shall be observed in a ll
cases and any agreement contrary  thereto shall be without effec t.
(2) Save as provided in sub-article (1), it shall be lawful for the
contracting parties to make in a contract of emphyteusis any
stipulation which they may deem proper, provided there be nothi ng
CIVIL CODE  [CAP. 16.   
contrary to law.
(3) Without prejudice to the provisions of sub-article (1), in t he
absence of any special agreement, the rules contained in the
following articles shall be observed.
Ground-rent 
unalterable.1500. (1) The ground-rent during the continuance of the
emphyteutical grant is unalterable.
(2) The emphyteuta cannot claim any reduction of the ground-
rent by reason of any change of circumstances.
(3) Nor can he claim any remissi on or abatement of the ground-
rent for one or more years if as a result of a fortuitous event ,
whether ordinary or extraordinar y, foreseen or unforeseen, the
whole or part of the produce is lost.
Emphyteuta may 
redeem the ground-rent. 
Added by:
XXX.1981
.11.
Amended by:
XX.1984 .2;
XXIV .1995 .362;
IX.2004 .14;
XXIII.2017. 78.1501. (1) Where a grant in emphyteusis is made in perpetuity,
the emphyteuta, even though the ground-rent may be revised atstated intervals of time, shall have the option to redeem the g round-
rent as provided in the following sub-articles of this article,  unless
the contract itself, being a con tract entered into before the 1 5th
August, 1981, provides for a different manner in which the
redemption may be effected.
(2) Such redemption of the ground-rent shall be made by the
payment of a sum equivalent to the amount of the ground-rent
capitalised at the rat e of five per cent:
 Provided that where the contr act provides that the ground-rent
may be revised at a specified t ime or on the happening of a
specified condition, the redemption may be opted for by the
emphyteuta within the first year  of the date of any such revisi on, or
the happening of such condition, and the sum payable for theredemption of the ground-rent shall, in such case, be equivalen t to
the amount of ground-rent so revi sed capitalised at the average  rate
of interests payable by a comme rcial bank on deposits of a fixe d
nature at the time of the redemption.
(3) Where there are more than one dominus , the emphyteuta
may redeem from one or more of them separately.
( 4 ) W h e r e  t h e  t e n e m e n t  i s  h e l d  i n  s u b - e m p h y t e u s i s  i n
perpetuity, the sub-emphyteuta shall be entitled to redeem the
original ground-rent and the increase in ground-rent by the
payment of the sum due for the redemption established inaccordance with the provi sions of this article.
(5) Any clause in any agreement whereby the emphyteuta is
deprived of the right of redeeming the ground-rent conferred by
this article, shall be considered as if it has not been include d in
such agreement.
(6) The redemption of the grou nd-rent may be effected by an
agreement between the dominus  and the emphyteuta made in a
public deed or by means of the s chedule referred to in sub-arti cle
(7) of this article.
(7) Where the redemption is not made by public deed, the
  322     [CAP. 16.           CIVIL CODE
emphyteuta may effect such redemption by filing at his expense in
the registry of the competent co urt, a schedule of redemption a nd at
the same time depositing in the said registry the sum due for t he
redemption established in accord ance with the provisions of sub -
article (2); and with respect to such schedule, the following
provisions of this sub-article shall, notwithstanding anything to the
contrary in any other law contained, have effect:
(a) where the person first granting the emphyteusis or the
person to whom the rights of the dominus are assigned
is dead, the schedule of redemption may be served on,
and the deposit may be made in favour of, one or moreheirs of the dominus or his assignee, and such heir or
h e i r s  s h a l l ,  f o r  a l l  p u r p o s e s  o f  l a w ,  b e  d e e m e d  t o
represent all those persons having a legal interest inthe schedule of redemption and in the money so
deposited;
(b) the omission from the schedule of the name of any
person having an interest in any part of the moneysdeposited in accordance with the provisions of this
article, shall not affect the right of any person so
omitted to any share in the amount deposited;
(c) the schedule shall contain:
(i) the name and surname of the person of the
emphyteuta, his place of birth, his place of
residence, his profession, trade or other status,
his parent's name, and their surname at birth andafter marriage, or in the case of a body of persons
the corporate name of such body of persons and
the particulars relative to its incorporation;
(ii) the name and surname of the person named in
the schedule, his place of birth, his place of
residence, his profession, trade or other status,his parent's name, and their surname at birth and
after marriage, or other particulars sufficient to
identify such person, or in the case of a body ofpersons the corporate name of such body of
persons and the particulars relative to its
incorporation; and
Cap. 56.(iii) the designation in accordance with article 7 of
the Public Registry Act  of the immovable in
relation to which the g round-rent redeemed was
payable;
(d) the emphyteuta shall attach to the schedule a plan
showing the extent and location of the immovable
subject to the grou nd-rent redeemed;
(e) service of the schedule sh all be effected only on the
person named in such schedule and if within threemonths from the day on which the schedule is filed,
service is not effected on the person aforesaid, either
by reason of absence or for any other reason, theemphyteuta shall at his expense request the Registrar
CIVIL CODE  [CAP. 16.   
of Courts to have the contents of the schedule
published in the Gazette, and upon such publication
the person on whom the schedule was due to be servedshall, for all purposes of law, be deemed to be served
with the schedule;
(f) the emphyteuta shall cause two copies of the schedule
to be served on the Direct or of Public Registry, who
shall keep a register of such schedules, and article 30
of the Public Registry Act
 s h a l l ,  mutatis mutandis,
apply to such schedules.
(8) The deposits mentioned may be withdrawn by the persons
entitled thereto on proof of their title being made to the Regi strar of
Courts.
Divisibility of 
ground-rent. 
Substituted by: 
XXVII.1976.4.1502. (1) The ground-rent cannot be divided without the
consent of the dominus ; but where the tenement is transferred or
otherwise belongs to two or more persons separately, the dominus
may not refuse his consent for the division of the ground-rent if
such division is made substantially in proportion to the separa te
parts held by the persons  requiring the consent.
(2) The consent given by the dominus for the transfer of one or
more separate parts of the tenement to different persons, or th e
receipt by him of one or more portions of the gr ound-rent, from  one
or more of such persons, shall have the same effect as an expre ss
consent given by the dominus for the division of the groundrent.
Reimbursement of 
ground-rent to co-
possessor.1503. (1) A co-possessor who has paid the entire ground-rent,
obtains reimbursement from the other co-possessors pro rata
having regard to the portion of the tenement held by each,
notwithstanding any assignment of rights.
(2) He contributes, in the same proportion, with the other co-
possessors in respect of the shares of such of the co-possessor s as
are insolvent.
Rights of 
emphyteuta over 
tenement.1504. (1) The emphyteuta may alter the surface of the
tenement, provided he does not thereby cause any deterioration
thereof.
(2) He is entitled to any profit which the tenement may yield
and has the right to recover the tenement from any holder, even  if
such holder is the dominus .
(3) He is also entitled to the treasure trove found in the
tenement, saving such portion th ereof as according to law is du e to
the person who has found it.
Restoration of 
tenement in good state.1505. The emphyteuta shall keep, an d in due time restore the
tenement in a good state.
Improvements. 1506. (1) All improvements made by the emphyteuta appertain
to him during the continuance of the emphyteusis.
(2) He may alter the form of such improvements; but he may
not destroy them without th e express consent of the dominus. 
  324     [CAP. 16.           CIVIL CODE
Obligations of 
emphyteuta.1507. The emphyteuta is bound to carry out any obligation
imposed by law on the owners of buildings or lands:
 Provided that if for the carrying out of any such obligation a
considerable expense is required, and the emphyteusis is for a time,
the court may, upon the demand of the emphyteuta, compel the
dominus  to contribute a portion of such expense, regard being had
to the covenants of the emphyteusis, to the remaining period of  the
grant, to the sum of the ground-rent and to other circumstances  of
the case.
Emphyteuta may 
dispose of tenement.1508. (1) The emphyteuta may, without giving notice to the
dominus or requiring his consent, dispose of the emphyteutical
tenement and of the improvements, either by an act inter vivos or
by any testamentary disposition.
(2) Any alienation, however, made otherwise than by a public
deed, is null.
Emphyteuta not 
freed from his 
obligations unless 
alienee is acknowledged by  
dominus.1509. (1) Where the emphyteuta makes any such disposal
without the consent of the dominus , he shall not be released from
his obligations towards the dominus  himself unless the latter
acknowledges the alienee.
Obligations of 
alienee even if not 
acknowledged. 
Amended by: VII.1944.2; 
LVIII.1975.9.(2) The alienee, however, although not acknowledged by the
dominus , is personally bound towards him for the payment of the
whole amount of ground-rents which fall due during his tenure, and
for the repair of all damages which take place during such tenu re;
but he is not liable for the ground-rent which fell due, or for  the
damages which took place previ ously to such tenure; saving
always, even in respect of such g round-rent and damages, the ri ghts
of the dominus on the emphyteutical tenemen t, on the fruits and on
the value of all things which serve for the furnishing or stock ing or
for the cultivation of the tenem ent, to whomsoever such things may
appertain:
 Provided that such rights shall not be available to the propri etor
in respect of the said things if the same belong to or are held  by or
on behalf of any department of the Government of Malta in anycase in which such department is not itself liable for the paym ent of
the debt.
When dominus is 
bound to 
acknowledge 
alienee. Amended by: 
IV .1961.10.1510. The dominus may not refuse to acknowledge, in lieu of the
emphyteuta, the alienee under any title, of the emphyteusis, if  the
alienee is a competent person to carry out the obligations aris ing
from the emphyteutical grant.
When alienee is 
bound to 
acknowledge 
dominus .1511.  An alienee, under any title, of an emphyteusis, in
possession of the tenement, whom the dominus  has acknowledged
or has offered to acknowledge, may not refuse to acknowledge
expressly the dominus or to bind himself personally towards him
for the carrying out of the obligations arising from the
emphyteutical grant.
Acknowledge-
ment.
Substituted by: XXVII.1976.5.1512. (1) Any of the acknowledgements mentioned in the last
two preceding articles may be eith er express or implied; and th e
payment or receipt of ground-rent or of a fine by or from the
CIVIL CODE  [CAP. 16.   
alienee shall operate as an i mplied acknowledgement, unless an
express reservation is m ade by a judicial act.
(2) Both the dominus and the alienee may require the
acknowledgement to be made by a public deed or a private
instrument; and in any such case the expenses shall be borne by  the
party requiring the written form.
No right to fine 
unless agreed 
upon, etc. 
Substituted by: 
XXVII.1976.6.1513. The dominus shall not be entitled to exact any sum by way
of fine, by whatever name called,  upon any sale or other aliena tion
made after the 1st July, 1976, of the dominium utile or of the
improvements unless - 
(a) the emphyteutical grant contains an express agreement
providing for such payment, and
(b) the emphyteutical grant is one which is made for a
period exceeding twenty years;
and where any sum due in accordance with the foregoing
provisions of this article exceed s the amount of the ground-ren t for
one year due to that dominus  in respect of the tenement or part of
the tenement sold or alienated, such dominus  shall not be entitled to
any such excess.
Promise in relation 
to emphyteusis. 
Added by: XXVII.1976.7.1514. The provisions of articles 1357, 1359 and 1360 shall apply
to a promise made in respect of emphyteusis afte r the lst of Ju ly,
1976, as they apply to a pro mise to sell or to buy.
Where tenement 
perishes wholly or in part.1515. (1) An emphyteusis is dissolved ipso jure if the
tenement perishes in whole by a fortuitous event.
(2) If the tenement perishes in part, and the remaining part is
not capable of yielding a rent equivalent to the ground-rent, t he
emphyteuta may not claim a reduction of the ground-rent, but he
may demand the dissolution of the emphyteusis, restoring to the
dominus the tenement with the improvements even if the remaining
part of the tenement consists chiefly of such improvements.
Burden of proof. 1516. It is incumbent on the emphyteuta to prove that the
tenement has perished, wholly or in part, by a fortuitous event , and
without any fault on his part or on the part of his family, or of his
servants, guests or tenants or of the sub-emphyteutae notacknowledged by the dominus .
Dissolution of 
emphyteusis in case of arrears. 
Substituted by: 
XXVII.1976.8.1517. I t  s h a l l  b e  l a w f u l  f o r  t h e  dominus  to demand the
dissolution of the emphyteusis and the reversion in his favour of
the tenement together with the improvements if the emphyteuta
owes by way of ground-rent a sum equal in amount to three yearl y
payments.
Where tenement 
has deteriorated.1518. (1) It shall also b e lawful for the dominus  to demand the
dissolution of the emphyteusis and the reversion in his favour of
the tenement together with the improvements, in addition to the
repair of any damage, if the tenement has considerably
deteriorated, and the emphyteuta fails to show that suchdeterioration has taken place w ithout any fault on his part or on the
part of the persons mentioned in article 1516.
(2) The same shall apply where the deterioration has taken
  326     [CAP. 16.           CIVIL CODE
place in the improvements executed on the tenement.
Time for payment 
of arrears , etc. 
Amended by: 
XXVII.1976.9.1519. (1) In the cases mentioned in the last two preceding
articles, it shall be competent to the dominus to demand the
dissolution of the emphyteusis and the payment of the arrears o f the
ground-rent, concurrently.
(2) Nevertheless, the court may, in each of the cases aforesaid,
grant to the defendant a reasonable time, according to
circumstances, for the payment of the arrears or for the execut ion
of the repairs, and such time may, for a just cause, be extende d once
to a further reasonable time.
(3) The provisions of the foregoing sub-articles shall apply als o
in any case in which the dissolution of the contract has been
expressly agreed upon for any reason, and shall so apply even i f the
agreement excludes the  grant of any time.
(4) Nothing in this article shall be construed as requiring the
payment of any ground-rent or other sum that is not due, whethe r
because the demand therefor is barred by prescription or for an y
other reason.
Time for payment 
of arrears , etc., 
may be demanded 
by creditor of emphyteuta.1520. (1) Any creditor of the emphyteuta, or any other person
interested may intervene in the suit and make the demand for th e
time aforesaid; and he may also within such time, even though
granted with his intervention on the demand of the emphyteuta,
prevent the dissolution of the emphyteusis by paying the arrear s or
by executing the repairs required.
(2) In such case, the creditor or other person interested shall,
for the reimbursement of the arrears paid or of the expense inc urred
in the execution of the repairs, be vested with the rights of t he
dominus as against any other creditor of  the emphyteuta, excepting,
however, the dominus himself.
Cessation of 
temporary 
emphyteusis.1521. (1) A  temporary emphyteusis ceas es on the expiration of
the time expressly agreed upon, and the reversion, in favour of  the
dominus , of the tenement together with the improvements takes
place,  ipso jure .
(2) Any action for the renewal of the emphyteusis for any cause
whatsoever, except by virtue of an express covenant in theemphyteutical grant or in any o ther public deed, is abolished, in
regard to any kind of property whatsoever.
Effects of 
reversion.1522. In all cases of reversion, any hypothec, burden or
easement, even though such easement may have been created
without the act of the emphyteuta, shall be dissolved both in r egard
to the tenement and to the improvements; and the tenement toget her
with the improvements shall revert unencumbered to the dominus ,
saving, in regard to any lease thereof, the provisions of artic les
1530 and 1531.
When emphyteuta 
may claim compensation for 
improvement.1523. (1) Upon reversion, the emphyteuta shall not be entitled
to any compensation in respect of the improvements, whatever th eir
nature or value, unless reversion takes place for any of the ca uses
mentioned in articles 1517 and 1518.
CIVIL CODE  [CAP. 16.   
(2) In the cases mentioned in the said two articles, the dominus
is bound to pay to the emphyteuta the price of the improvements,
regard being had to their value at the time of the reversion, u p to
the amount by which the value of the tenement is found to have
increased in consequence of such improvements at the time of th e
reversion, as well as to the rem aining period of the emphyteusi s.
Contracts of 
emphyteusis made 
before 1st July, 1976. 
Substituted by: 
XXVII.1976.11.1524. The provisions of this Title shall apply to all contracts of
emphyteusis whether made before or after the lst July, 1976, ot her
than those emphyteuses which had terminated before the said dat e
or which, before that date, were determined or dissolved by
agreement, or by a judgment which had become res judicata , or by
operation of law; in respect of such latter emphyteuses the law
applicable at the time of their termination, determination or
dissolution shall, in so far as necessary, continue to apply.
Title  IX
OF CONTRACTS OF LETTING AND HIRING*
GENERAL PROVISION
Contract of letting 
and hiring may be made verbally or in 
writing.
Substituted by:X.2009
.2.
Amended by:
XXVIII.2019. 37.1525.  (1) A contract of letting and hiring, whether of things or
of work and labour, may be made either verbally or in writing,provided that a contract of letting and hiring of urban propert y and
of a residence and of a commercia l tenement entered into after the
1st January, 2010 shall be in writing. 
Cap. 69. 
Cap. 199.The Rent Regulation Board (her einafter referred to as the
"Rent Board") established under the   Reletting of Urban Property
(Regulation) Ordinance  shall decide all matters affecting the leases of
urban tenements including reside ntial as well as commercial ten ements
including causes relating to the  occupation of urban tenements where
such leases have expired, and any damages resulting during suchperiod of occupation. Other lease s fall under the competence of  the
courts of civil jurisdiction while matters relating to agricult ural leases
shall fall under the competence of the Rural Leases Control Boa rd
appointed according to the provisions of the  Agricultural Leases
(Reletting) Act :
Provided that matters r elating to the validity of a contract of
lease, shall be examined by the courts of civil jurisdiction, s o however,
that any other matter following the determination of such matte rs
relating to validity shall fall under the competence of the Ren t Board.
The Rent Board shall also have t he competence to decide demands
related to maintenance, repairs, defects and faults of the tene ment
including latent ones, damages or improvements, amounts due for
water and electricity and any amount left by way of security de posit by
*The transitory provisions relating to the amendments made to t his Title by Act X of
2009  are reproduced at the end of this Chapter.
  328     [CAP. 16.           CIVIL CODE
the tenant, where such demands a re included in other demands or  pleas
made before the Board, over whic h the Adjudicating Panel has no
jurisdiction.
Rent Board may 
collect information 
and data.The Rent Board has the authority to request information
and documentation from government entities, departments and
authorities as well as from any other entity to meet its functi ons as
established in this Code.
Cap. 199.(2) Unless otherwise specifically stated in this Title, the
provisions of this Title shall no t apply to agricultural leases  which
shall continue to be regulat ed by the provisions of the Agricultural
Leases Reletting Act .
(3) For the purposes of this Title:
"commercial tenement" means an urban tenement which is not a
residence and which is leased to house an activity primarily
intended to generate profit and includes, but is not limited to , an
office, a clinic, a tenement lea sed out for the sale of merchan dise
by wholesale or retail, a market stall, a warehouse, a storage used
for commercial purposes as well as any tenement licensed to sel l
things, wines, spirits or foodstuff or drinks, theatre, or tene ment
mainly used for any art, trade or profession:
Provided that a tenement leased to a society or leased to a
musical, philanthropic, social, sporting or political entity, t hat is
used as a club, shall not be cons idered as a commercial tenemen t
even if part of it is used for t he purpose of generating profit ;
"club" means any club which is registered as such with the
Commissioner of Policein accordance with the appropriate provis ions
of the law;
 "private residential lease" m eans any long or short private
residential lease, including the letting of shared residential space,
which is entered into after 1s t January, 2020, and any leases f or a
residential purpose entered into  before the 1st January, 2020, which
would still be in its original or renewed period on the 1st Jan uary,
2021.
Sub-title I
OF THE LETTING OF THINGS
Definition of 
contract of letting 
and hiring of things.
Amended by:
LII.2016.41.1526. (1) The letting of things is a contract whereby one of the
contracting parties binds himself to grant to the other the
enjoyment of a thing for a speci fied time and for a specified r ent
which the latter binds himself to pay to the former.
(2) Any kind of corporeal property, whether movable or
immovable, may be the subject of a contract  of letting and hiri ng.
(3) The letting of ships and aircraft, including aircraft engine s,
shall be regulated by the provisions of any agreement between t he
lessor and the lessee in accordance with its terms as well as b y the
international usages of trad e applicable in the context.
CIVIL CODE  [CAP. 16.   
Notwithstanding any of the provisions of this sub-title, any
agreement relating to the letting of ships or aircraft or aircr aft
engines, shall be governed by:
(a) t h e  t e r m s  a n d  c o n d i t i o n s  a g r e e d  b e t w e e n  t h e  p a r t i e s ,
and in case of conflict with the provisions of thisCode, such terms and condi tions shall prevail; and
(b) the special laws relating to merchant shipping and civil
aviation, as the case may be.
(4) The requirement in article 1569 for a notice by judicial act
for the cessation of a lease sha ll not apply and the terminatio n of
the lease shall be regulated by the agreement between the parti es
and any notice of termination which may be required to be given  by
any parties may be given by notice in writing in any manner,
including by electronic means.
(5) The lease of a ship or an aircraft, including aircraft engin es,
or rights thereunder, shall be immediately dissolved or termina ted
by the lessor (or mortgagee who shall be deemed to have such
power unless expressly waived) at  any time in the event of a de fault
and upon notice in writing to the lessee, notwithstanding theopposition by the lessee, and this without the need of any
authorisation or confirmation by any court that an event of def ault
has taken place.
In such circumstances the lessor may, after notice to the
lessee, take possession of the sh ip or aircraft, including an a ircraft
engine, in accordance with the ag reement between the parties an d
may ask the Court for an order a uthorising or directing these a cts,
and the Court shall render full support to the lessor or themortgagee as expeditiously as possible.
(6) In the event that the lessor terminates the lease agreement
for reasons which are not:
(a) contemplated in th e agreement, or
(b) generally valid reasons at law,
the lessee may seek damages for breach of the agreement. 
(7) For the purposes  of this article:
(a) the term "aircraft" shall have the same meaning as
ascribed to it in the Air craft Registration Act;
(b) the term "default" means:
(i) the fulfilment of a condition under which the
dissolution of the lease was expressly
covenanted or a failure by a party to perform his
obligations; or
(ii) a change in the financial condition of the lessee
as stated in article 1079; or
  330     [CAP. 16.           CIVIL CODE
(iii) a default which substantially deprives the
mortgagee of what it is entitled to expect under
the agreement between the mortgagor and themortgagee;
(c) the term "lease" of ships and aircraft shall refer to the
chartering thereof under terms where possession or
control is given to the le ssee, including bareboat
charters or the equivalent;
(d) the term "mortgagee" shall include a mortgagee acting
in its capacity as security trustee, bond trustee or by
whatever name called;
(e) the term "ship" shall have the same meaning as
ascribed to it in the Me rchant Shipping Act; and
(f) the term "writing" shall include any manner through
which words may be represented and read and includes
notices through electronic means.
Letting by co-
possessor when 
voidable.
Substituted by:X.2009
.3.1527.  (1)  The lease of an urban property, a residence or a
commercial tenement that is co- possessed by more than one perso n
shall always be made by all th e co-possessors subject to the
provisions of article 1530.
(2) Should one of the co-possessors also occupy the co-
possessed property, if the parti es agree  that a contract of le ase be
made, such an agreement shall be made by a contract in writing
between all co-possessors on the one hand and the occupier of t he
tenement on the other; and thereafter such person shall beconsidered to be a lessee, acco rding to the terms and condition s of a
contract of lease, without losi ng his rights as a co-possessor:
Provided that this sub-article shall be without prejudice to
the provisions of Title V of the  Second Book, Part I of this Co de.
(3) Should a co-possessor of an urban tenement, a residence or
a commercial tenement leas e out such property without
authorization by a judgment of the Rent Board, or in the case o f a
movable without authorization of  the competent court, or withou t
the consent of the other co-possessors, such lease may at the
request of any one of the other co-possessors be declared null,
unless such request is made within two months from the date whe n
such other co-possessor would ha ve obtained knowledge of such a
lease.
When board or 
court may grant 
authorization.Amended by:
XXII.2005
.81.
Substituted by:X.2009
.4.1528.  (1)  The Rent Board may, at the request made by means
of an application by one of the co-possessors of the urban
tenement, residence or commercial tenement, authorise the lease  of
the urban tenement, residence or  commercial tenement, where it is
shown that the tenement is su itable to be leased and that the
proposed lease is advantageous, and that it is not shown that a ny of
the other co-possessors has a j ust cause to oppose such lease:
Provided that in the lease of movables all the provisions of
this sub-article shall apply, how ever the matter shall fall wit hin the
competence of the courts of civil jurisdiction.
(2) The provisions of sub-article (1) shall also apply when any
CIVIL CODE  [CAP. 16.   
one of the co-possessors is absent, and the Rent Board, in the case
of the lease of an urban tenement , a residence or a commercial
tenement (or the court in the case of the letting or hiring ofmovables and other things, as t he case may be), would not have
received any notice whether the ab sentee is still living, or as  to his
whereabouts.
Right of preference 
of co-possessor.
Substituted by:X.2009
.5.1529. The co-possessor who has, in general terms, given his
consent for the lease of the thing, or who, in spite of his opp osition
the Rent Board or the court, as the case may be, has given, ingeneral terms, his authorization for the lease of the thing, ma y,
nevertheless, exercise the right  of preference referred to in a rticles
1591, 1592 and 1593 unless he has in any manner waived suchright.
Letting made by 
person possessing 
thing under entail 
or in usufruct , etc.
Amended by:
X.2009 .6.1530. (1) The letting made by a person possessing the thing
under entail or in usufruct or under any other temporary or
dissoluble title, shall be valid  even in regard to his successo rs, if it
is made on fair condi tions and for a term not exceeding eight y ears,
in the case of rural tenements, or four years, in the case of u rban
tenements, or an ordinary period according to usage in the case  of
movable property, or for any peri od, shorter than the said peri ods
respectively, in the case of prope rty the letting of which for a
period exceeding such shorte r period is prohibited.
(2) The letting made for any longer period by a person
possessing the thing as aforesaid shall, on the demand of his
successors in the possession of the thing, be reduced to thereasonable period above-mentione d, to be reckoned from the date
of the contract.
When lease for a 
longer period is 
authorised by a 
competent 
authority.
Substituted by:X.2009
.7.1531. The provisions of the last preceding section in so far as
they restrict the duration of t he lease shall not apply where a  longer
period of lease has been covenanted with the authorization of t he
competent authority  according to law.
Requisites in 
writing of a contract of lease.
Added by:
X.2009
.7.
Amended by:
XXVIII.2019. 38.1531A. (1) With regard to the letting of an urban property, a
residence and a commercial tenement made after the 1st January,2010, the contract of lease shall be made in writing and shall
stipulate:
(a) the property to be leased;
(b) the agreed use of the property let;
(c) the period for which that property will be let;
(d) whether such lease may be extended and in what
manner;
(e) and also the amount of rent to be paid and the manner
in which such payment is to be made.
(2) In the absence of one or more of these essential
requirements, the contract shall be null.
(3) The lease of an urban property, a residence and a
commercial tenement made after the 1st January, 2010 shall beregulated exclusively by the contract of lease and by the artic les of
  332     [CAP. 16.           CIVIL CODE
this Code:
Cap.604.Provided that private residentia l leases shall be regulated by
the Private Residential Leases Act
Conditions for 
letting of private 
residential lease.
Added by:XXVIII.2019.
39.
Cap.604.1531AA .  With regard to the letting of any private residential
lease entered into after the 1st January, 2020, the contract of  lease
shall be made in writing and shall stipulate the conditions spe cified
under the  Private Residential Leases Act , namely:
(a) the tenement to be leased;
(b) the agreed use of the tenement let; 
(c) the period for which that  tenement shall be let;
(d) whether such lease may be extended and in what
manner;
(e) the amount of rent that sh all be paid and the manner in
which such payment is to be made;
(f) any amount deposited by the lessee by way of security,
for the performance of his obligations; and 
(g) an inventory attesting the condition of the tenement as
well as the state of any furniture and domestic
appliances supplied by the lessor.
Contract of letting 
prior to 1st June, 
1995.Added by:
X.2009
.7.
Amended by:V .2010
.6.1531B.  The contracts of lease made before the 1st June, 1995
shall be subject to the law as in force prior to the 1st June, 1995
sohowever that from 1st January, 2010 articles 1531C, 1531D,1531E, 1531F, 1531G , 1531H, 1531I, 1531J and 1531K of this
Code shall apply.
Rent of a 
residence.Added by:
X.2009
.7.
Amended by:V .2010
.7.1531C. (1)  The rent of a residence which has been in force
before the 1st June, 1995 shall be subject to the law as in for ce
prior to the 1st June, 1995 sohowever that unless otherwise agr eed
upon in writing after the 1st January, 2010, the rate of the re nt as
from the first payment of rent due after the 1st January, 2010,  shall,
when this was less than one hundred and eighty-five euro (€185)
per year, increase to such amount:
Provided that where the rate o f the lease was more than one
hundred eighty-five euro (€185) per year, this shall remain at such
higher rate as established.
Cap. 158.(2) In any case the rate of the rent as stated in sub-article (1 )
shall increase every three years by a proportion equal to theincrease in the index of inflation according to article 13 of t he
Housing (Decontrol) Ordinance
; the first increase shall be made on
the date of the first payment of  rent due after the 1st January , 2013:
Provided that where the lease on the 1st January, 2010 will
be more than one hundred eighty-five euro (€185) per year, and by
a contract in writing prior to 1st June, 1995 the parties would  have
agreed upon a method of increase in rent, after 1st January, 20 10
the increases in rent shall con tinue to be regulated in terms o f that
agreement until such agr eement remains in force.
CIVIL CODE  [CAP. 16.   
Rent of a 
commercial 
tenement.
Added by:X.2009
.7.
Amended by:
V .2010 .8.1531D. (1)  The rent of a commercial  tenement, unless otherwise
agreed upon after 1st January, 2010 or agreed upon in writing p rior
to the 1st June, 1995 with regar ds to a lease which would still  be in
its original period on the 1st January, 2010, shall as from the  date
of the first payment of rent due after the 1st January, 2010, b e
increased be increased by a fixe d rate of fifteen per cent over  the
actual rent and shall continue t o increase as from the date of the
first payment of rent due after the 1st January of each year by
fifteen per cent over the last re nt between the 1st January, 20 10 and
the 31st December, 2013.
(2) The rent as from the first payment of rent due after the 1st
January, 2014, is to be establi shed by agreement between the
parties. In the event that such agreement is not reached, the
Property Market Value Index shall  be considered as a guide to t he
rent as may be established by regulations made by the Ministerresponsible for accommodation and in the absence of such
regulations, the rent shall from the first payment of rent due after
the 1st January, 2014, increase by five per cent per year until  the
coming into force of the said regulations.
( 3 ) I n  t h e  c a s e  o f  a  c o m m e r c i a l  t e n e m e n t ,  i f  t h e r e  w a s  a n
agreement between the parties fo r periodic rent increases, then  such
agreement shall continue to apply without the increases
contemplated in this article:
Provided that except in such cases where the increase in
rent has been effected following an agreement, where the increa se
as proposed herebefore for commercial tenements is applied, the
tenant may by means of a judicial letter served on the lessor o r on
one of the lessors, terminate the lease by giving him advance n otice
of three months and this shall also apply if the lease is for a  definite
period.
External ordinary 
maintenance of 
lease.Added by:
X.2009
.7.
Amended by:V .2010
.9.1531E.  The external ordinary maintenance of a tenement leased
prior to 1st January, 2010, save unless otherwise agreed upon i n
writing between the parties, shall be at the expense of the ten ant
and not of the lessor.
Definition of a 
tenant of a residential 
tenement.
Added by:X.2009
.7.
Amended by:
XXIII.2017. 79.1531F.  In the event of a lease of a house used as an ordinary
residence made prior to 1st J une, 1995 that person who will be
occupying the tenement under a valid title of lease on the 1st June,
2008 as well as that person’s s pouse if living together and if they
are not legally separated shall b e deemed to be the tenant; whe n the
tenant dies the lease shall be terminated:
Provided further that a person  continues the lease after the
death of the tenant under the same conditions of the tenant if on the
1st June, 2008 -
(i) such person is the natural or legal child of the tenant
and has lived with the said tenant for four years out ofthe last five years; and after 1st June, 2008 continues
to live with the tenant until his death:
Provided that, if more than one child has lived with the
tenant for four years out of the last five years before
  334     [CAP. 16.           CIVIL CODE
the 1st June, 2008 and they continued to live with the
tenant until his death, all such children will continue
the lease in solidum ; this lease shall not extend to the
spouse or offspring of the child, or
(ii) such person is the brother or sister of the tenant, who
on the death of the tenant is forty-five years of age or
more, or brother or sister o f such person’s spouse who
is forty-five years of age or more, and who has lived
with the tenant for four years out of the last five years
before 1st June, 2008 an d who after that date
continued living with the tenant until his death:
Provided that, if there are more than one brother or
s i s t e r  w h o  a r e  o v e r  f o r t y - f i v e  y e a r s  o f  a g e  a n d  w h o
have been living with the tenant for four years out ofthe last five years before the 1st June, 2008 and have
continued living with him until his death, all such
brothers or sisters shall continue the lease in solidum ;
this lease shall not extend to the spouse or children of
the said brother or sister, or
(iii) such person is the natural or legal child of the tenant,
who is younger than five years of age and after 1stJune, 2008 has continued to live with the tenant until
his death, or
(iv) such person is the natural or legal ascendant of the
tenant, who is forty-five years of age, and who haslived with the tenant for a period of four years out of
the last five years before the 1st June, 2008 and has
continued living with the tenant until his death; thislease shall not extend to the spouse or children of the
ascendant:
Provided that if on the death of  the tenant, there are several
children, siblings, or ascendant s who all satisfy the criteria of
paragraphs (i), (ii), (iii) or  (iv), all those persons shall ha ve the
right to continue the  tenancy together in solidum :
Provided further that a person shall not be deemed not to
have lived with the tenant for the sole reason that she has bee n
temporarily absent from the resi dence of the tenant due to work ,
study or medical care:
Without prejudice to the provisions of this article, a person
shall not be entitled to continue the lease following the death  of the
tenant, unless such person satis fies the means test criteria wh ich the
Minister responsible for accommod ation may introduce from time
to time.
Person who does 
not qualify to be a tenant.
Added by:
X.2009
.7.1531G.  In the case of persons who although failing to qualify to
continue the tenancy according to the criteria laid down in art icle
1531F but who before the 1st June, 2008 were residing with the
tenant and continued to reside with the tenant until the tenant ’s
death, such persons shall have a right to continue the tenancy as
follows:
(a) if the person fails the means test criteria as stipulated
CIVIL CODE  [CAP. 16.   
above, the lease shall in any case continue for a period
not longer than three years from the date of the death
of the last surviving tenant, with a rent which will bedouble that being paid by the last tenant;
(b) if a person fails to qualify under other criteria, not
being those of the means test, the lease shall continue
for a period of not more than five years from the deathof the last surviving tenant, with a rent which will be
double that which was being paid by the last tenant.
Tenement leased as 
a garage or used as 
a summer 
residence.Added by:
X.2009
.7.1531H. (1)  In the case of garages leased before the 1st June,
1995 that do not form part of a residence leased to a tenant as  an
ordinary residence and which are not considered as a commercial
tenement, in the absence of an agreement to the contrary there shall
not be any right of renewal of the lease after 1st June, 2010.
(2) In the case of a tenement leased before the 1st June, 1995
and used as a summer residence which is not the ordinary reside nce
of the tenant, in the absence of  an agreement to the contrary t here
shall not be any right of renewa l to the lease after 1st June, 2010:
Provided that for the purposes of this Title no tenant shall
be deemed to hold more than one ordinary residence.
Definition of a 
tenant of a commercial 
tenement.
Added by:X.2009
.7.
Amended by:
XXIII.2017. 80.1531I.  In the case of commercial premises leased prior to 1st
June, 1995, the tenant shall be considered to be the person whooccupies the tenement under a valid title of lease on the 1st J une,
2008, as well as the spouse of such tenant, provided they are l iving
together and are not legally separated, and also in the event o f the
death of the tenant, his heirs w ho are related by consanguinity  or by
affinity up to the grade of cousins inclusively:
Provided that a lease of com mercial premises made before
the 1st June, 1995 shall in any case terminate within twenty ye ars
which start running from the 1st June, 2008 unless a contract o f
lease has been made stipulating a specific period. When a contr act
of lease made prior to the 1st June, 1995 for a specific period  and
which on the 1st January, 2010 the original period "di fermo" o r "di
rispetto" is still running and such period of lease has not yet  been
automatically extended by law, then in that case the period or
periods stipulated in the contr act shall apply. A contract made  prior
to the 1st June, 1995 and which is to be renewed automatically or at
the sole discretion of the tenant, shall be deemed as if it is not a
contract made for a specific peri od and shall as such terminate
within twenty years which start running from the 1st June, 2008 .
Tenements leased 
by any type of 
club.
Added by:X.2009
.7.
Amended by:
XXVII.2018 .5.1531J.   (1)  In the case of a tenement leased to an entity and used
as a club before the 1st June, 1995 including but not limited t o a
musical, philanthropic, social, sport or political entity, when  its
lease is for a specific period and on the 1st January, 2010 theoriginal period "di fermo" or "di rispetto" is still running an d the
lease has not yet been automatically extended by law, then in t hat
case the period of lease estab lished in the contract shall appl y. In
all other instances where the contract of lease was made prior to the
1st June, 1995 the law and all definitions as in force on the 1 st
  336     [CAP. 16.           CIVIL CODE
June, 1995 shall continue to apply:
Provided that notwithstanding the provisions of the law as
in force before the 1st June, 1995, the Minister responsible fo r
accommodation may from time to tim e make regulations to regulat e
the conditions of lease of clubs so that a fair balance may bereached between the rights of the lessor, of the tenant and the
public interest.
(2) The provisions of this sub-article and of the following sub -
articles shall, notwithstanding any other law, apply in respect  of the
occupation of premises under title of lease by a club where all  the
following conditions are satisfied:
(i) where the club consists of a band club which on the 1st
March, 2018 has been in existence for at least thirty
(30) years;
(ii) where the said band club has on the 1st March, 2018
occupied the same premises  as its principal quarters
under a title of lease or emphyteusis or under a
combination of both for a period of at least thirty (30)
years;
(iii) where the band club is still in occupation of the
premises and the premises are the only premises of the
band club, except for stores  and similar premises or
premises which are small and are not used as a club, on the1st March, 2018; and
(iv) where the eviction of th e band club has been ordered
by a final judgement of the Rent Board or of a Court
for a reason other  than the failure to pay rent due.
(3) Where all the conditions listed in sub-article (2) are
satisfied, the club shall be entitled to continue occupying the
premises under a title of leas e under the following conditions:
(i) for a rent which shall amount to ten (10) times the
amount of rent payable for the occupation of the said
premises prior to the fina l judgement of the Rent
Board or of the Court ordering eviction;
S.L. 16.13.(ii) the rent referred to in sub-paragraph (i) shall not be
further increased in terms of regulation 2 of the
Conditions Regulating the Leases of Clubs
Regulations but the amount due to the owner in termsof regulation 3 of the said regulations shall still be due
in addition to the rent;
(iii) the rent due in terms of sub-paragraph (i) shall not be
less than five thousand euro (€5,000) per annum  o r
amount to more than one (1) per cent of the value of
the premises on the 1st January 2018.
(4) The owner of premises to which sub-articles (2) and (3)
apply shall be entitled to apply to the Rent Board to contest t he
fulfilment of any condition provided for in sub-article (2) or to
demand a variation in the conditi ons of the lease in order to m ake
good for any situation of manifest disproportionality which may
CIVIL CODE  [CAP. 16.   
result from the application of sub-articles (2) and (3), due ac count
being taken of the social and cultural functions performed by t he
band club:
Provided that in considering whether there exists a situation o f
manifest disproportionality the Board shall not base its consid erations
on the potential of the premises for development for commercial  use but
it shall consider the premi ses in its actual state.
(5) In any proceedings which may lead to the eviction from
premises owing to stru ctural alterations mad e without the conse nt
of the lessor, when the premises from which the eviction isdemanded consist of the principal quarters of a band club, the Rent
Board or the Court shall not order the eviction from such premi ses
where the structural alterations consist of works related to th e
philharmonic or social activities or to the activities performe d by
the band club, and where the works consist of improvements to t he
premises or of structural altera tions to the premises and the b and
club provides a guarantee which in the opinion of the Rent Boar d or
of the Court is sufficient to allow the lessor to restore the p remises
and to make the reparations or alterations necessary in the pre mises
at the termination of the lease and to make good for any loss
suffered during the executi on of the necessary works:
Provided that the amount of the guarantee referred to in this
sub-article shall be established on the basis of the prices cur rent at the
time of the judgement.
Tenement used as a 
residence as well as a commercial 
premises.
Added by:X.2009
.7.1531K.  In the case of a tenement leased prior to 1st June, 1995
and which is used both as a res idential premises as well as a
commercial tenement for which one rent is paid, this shall be
considered to be a residential t enement to which the rules of t his
article regarding residential premises shall apply:
Provided that -
(a) with regard to the rate of the rent, the rent shall be that
established for a commercial  premises as stipulated in
article 1531D;
(b) if the commercial  part will not continue to be used as
such, insofar as the rate of the rent is concerned, there
shall continue to apply the rent which was payable
immediately before the termination of the use of thecommercial part; sohowever that, the increase in the
rent from that time onwards shall be regulated on the
basis of the rent as established by article 1531C;
(c) where the rent increases in terms of regulations made
as stipulated in article 1531D , the increase in rent shall
be considered only on that part of the tenement which
will actually be used fo r a commercial purpose.
Lease which 
entered into force on or after the 1st 
June, 1995.
Added by:X.2009
.7.1531L.  With regard to leases which came into force on or after
the 1st June, 1995 such leases, both of a residential and of acommercial tenement, and of urban property, shall continue to b e
regulated by the same terms and conditions agreed upon between
the parties and by law as  in force at the time.
  338     [CAP. 16.           CIVIL CODE
Lease of other 
tenement made 
prior to 1st June, 
1995.Added by:
X.2009
.7.
Amended by:V .2010
.10.1531M.  With regard to leases made before the 1st June, 1995 of
tenements which are not reside nces or commercial tenements,
subject to the provisions of article 1531J relating to clubs, a nd
subject to the provisions of arti cle 1531H with r egard to garag es and
summer residences, the law and all definitions as were in force
before the 1st June, 1995 shall continue to apply:
Provided that the Minister  responsible for accommodation
may from time to time make regulatio ns to regulate such leases so
that a fair balance may be reached between the rights of the le ssor,
of the tenant and the public interest.
Presumptive 
duration of lease.
Amended by: 
I.1870.1;X.2009
.8;
XXVIII.2019. 40.1532.  (1) In the absence of an express agreement or of
circumstances tending to show the  intention of the contracting
parties as to the duration of the lease, the following rules sh all be
observed:
(a) the letting of an urban tenement or of a movable shall
be deemed to be made for the period in respect ofwhich the rent has been calculated, that is, for one
year, if the rent has been agreed upon at so much a
year; for one month, if the rent has been agreed uponat so much a month; for one day, if the rent has been
agreed upon at so much a day:
 Provided that if it is not made to appear that the rent
has been agreed upon by the year, the month or theday, it shall be deemed to have been agreed upon
according to usage;
(b) the letting of a rural tenement shall be deemed to be
made: if the tenement is capable of producing fruits,for the period which is neces sary for the gathering of
the produce of four years; if the tenement is not
capable of producing fruits, for the period in respect ofwhich the rent is calculated, as is provided in the case
of urban tenements;
(c) if any particular usage is proved in regard to the
duration of the letting of certain things, such thingsshall be deemed to be let out for the period fixed by
such usage.
(2) The provisions of sub-article (1) do not apply with regard t o
the lease of urban, residential and commercial property made af ter
1st January, 2010:
Cap. 604.Provided that any private residen tial leases entered into after
the 1st January, 2020, shall be presumed to have been entered i nto for
a period of one (1) year, unless the parties agree to a short p rivate
residential lease or the letting of shared residential space in  accordance
with the Private Residential Leases Act .
Rent.
Amended by:
X.2009 .9.1533. (1) The rent may be either in money or in kind, or even
in a portion of the fruits produced by the thing.
(2) Where it is not shown that the rent has been agreed upon as
payable in kind or in a portion of the fruits, it shall be deem ed to
CIVIL CODE  [CAP. 16.   
have been agreed upon as payable in money.
(3) The provisions of sub-article (2) do not apply with regard t o
the lease of urban, residential and commercial property made af ter
the 1st January, 2010.
How rent is fixed 
when not agreed 
upon.
Amended by:X.2009
.10;
XXVIII.2019. 41.1534.  (1) Where the contract has already commenced to be
carried into effect, the rent, in  the absence of an express agr eement,
or of any law fixing the amount thereof, shall be fixed at the current
price, if any, or, in the absence of a current price, by means of a
valuation by experts:
Cap.604.Provided that in case of occupation without title under the
Private Residential Leases Act , the rent shall be fixed in accordance
with the provisions cont ained in the said Act.
(2) The provisions of sub-article (1) do not apply with regard t o
the lease of urban, residential and commercial property made af ter
the 1st January, 2010:
Cap.604Provided that in the case of occupation without title which are
in existence after 1st January, 2020, the rent shall be determi ned in
accordance with the Private Residential Leases Act .
Payment of rent in 
advance.1535. (1) Every payment in advance in respect of rent of rural
tenements is null, if any prejudice is caused thereby to thehypothecary creditors of the lessor or to the persons succeedin g to
the property under an entail, or to whom, in consequence of any
dissolution of his right, the property passes.
(2) Every payment in advance in respect of rent of an urban
tenement for more than six months is also null, if any prejudic e as
aforesaid is caused thereby.
Tacit renewal of 
lease.
Amended by:
X.2009 .11;
XXVIII.2019. 42.1536.  (1) If, at the expiration of the  lease, the lessee continues
and is suffered to continue in the enjoyment of the thing let t o him,
the lease shall be deemed to be r enewed on the same conditions and
with the same rights and duties, for a period to be regulated i n
accordance with the pr ovisions of article 1 532, except as regar ds
rural tenements with respect to which the lease shall be deemed  to
be renewed for the period which is necessary for the gathering of
the produce of one year:
 Provided that where the rent is payable in termly payments,
the lease, except as regards rur al tenements, shall be deemed t o be
renewed for a time corresponding  to the period of one term only :
Cap.604.Provided further that in case of private residential leases und er the
Private Residential Leases Act , the lease shall be deemed to be
renewed in accordanc e with the said Act.
(2) The provisions of sub-article (1) do not apply with regard t o
lease of urban, residential and commercial property entered int o
after the 1st January 2010:
Cap.604.Provided that private residential leases under the Private
Residential Leases Act  shall be regulated in accordance with the said
Act.
  340     [CAP. 16.           CIVIL CODE
When tacit renewal 
does not take 
place.1537. When the lessor has given noti ce to the lessee to surrender
the thing at the expiration of t he lease, the lessee may not se t up the
tacit renewal as provided in the last preceding article, even t hough
he has continued in the enjoyment of the thing.
Extent of security. 1538. A suretyship in respect of a cont ract of lease shall not, in
any of the cases mentioned in the  last two preceding articles,
extend to the obligations resulti ng from the renewal of the lea se, or
the continued occupation of the thing unless the surety has
expressly bound himself for the whole time until the lesseesurrenders the thing.
§ I. OF THE RIGHTS AND OBLIGATIONS OF THE LESSOR
Obligations of 
lessor.1539. The lessor is bound, by the nature of the contract, and
without the necessity of any special agreement - 
(a) to deliver to the lessee the thing let;
(b) to maintain the thing in a fit condition for the use for
which it has been let;
(c) to secure the lessee in the quiet enjoyment of the thing
during the continua nce of the lease.
Delivery of thing 
in good state of 
repair.Amended by:
X.2009
.12;
V .2010 .11.1540. (1) The lessor is bound to deliver the thing in a good
state of repair in  every respect.
(2) During the continuance of the lease, the lessor is bound to
make all repairs which may become necessary, excluding, in the
case of buildings, the repairs mentioned in article 1556, if he  has
not expressly bound hims elf to this effect.
(3) For the purposes of this Title with regard to an urban,
residential and commercial teneme nt, "structural repairs" shall  be
deemed to be those relating to the structure of the building it self,
including the ceilings.
(4) When the lessor in the case of a residence leased prior to
the 1st June, 1995 carries out structural repairs which have be come
necessary not due to his own fault, then the rent shall be incr eased
by six per cent of the costs incurred:
Provided that where the stru ctural repairs have not become
necessary due to a fault of the l essee, then the said lessee ha s the
right to terminate the lease even though the period of the leas e has
not yet lapsed:
P r o v i d e d  t h a t  i n  t h e  c a s e s  w h e r e  t h e  l e s s o r  i s  w i l l i n g  t o
carry out these repairs, the lessee may choose to carry out suc h
repairs at his expense, and in s uch an event the rent shall rem ain
unchanged; however the lessee sh all in such case have no right for
any full or partial compensation for such structural repairs at  the
termination of the lease.
CIVIL CODE  [CAP. 16.   
When lessee may 
be authorised to 
carry out repairs.
Amended by:XXII.2005
.81.
Substituted by:
X.2009 .13.
Amended by:
XXVIII.2019. 43.1541.  (1) If the lessor, on being re quired so to do by means of a
judicial act, fails to  carry out the repairs to which he is bou nd, it
shall be competent to the lessee to request, by application,
authorization to carry out such repairs at the expense of the l essor,
under such conditions as the Adjudicating Panel for Private
Residential Leases, the Rent Board, or the Court or the Rural L eases
Control Board, as the case may be, may deem proper in thecircumstances.
(2) The lessee shall have the right to keep the rent due or the
rent which is still due to be paid, so that he will be paid bac k for
such expenses, subject to his rights for any greater amount, if  the
amount of those expenses is more than such rent; in this case t he
lessor has no right to increase the rent as mentioned in articl e
1540(4).
Liability of lessor 
for delay.1542. The lessor is bound to make goo d to the lessee the damage
which the latter has sustained in consequence of the delay on t he
part of the lessor in carrying out, on the intimation mentioned  in the
last preceding article, the rep airs to which he is bound.
Urgent repairs.
Substituted by:X.2009
.14.1543. It shall be lawful for the lessee, without the necessity of
any proceedings, to carry out at the expense of the lessor the urgent
repairs; and, the omission or delay of which might cause to him
serious prejudice: and, in any such case, he may, for the purpo se of
reimbursement, retai n the rent as provid ed in arti cle 1541:
Provided that the lessee shall be bound to inform as soon as
possible the lessor about these circumstances and to deliver to  him
a report by an expert as to the urgency of such repairs and the ir
estimated value and the prejudice which might result from such
delay:
Provided also that the lessor shall be entitled to assume the
continuation of the repairs commenced under the provisions of t his
article.
When contract may 
be dissolved for 
want of repairs.
Amended by:X.2009
.15.1544. I f  t he  r e p a ir s  w hi c h  t h e  le s s o r  i s  bo u nd  t o c a r r y  o ut  a r e
such that the omission thereof will prevent or considerably les sen
the enjoyment of the thing let , and the lessor fails to carry t hem out
within a time fixed by the Rent Board (or the court or the Rura l
Leases Control Board as the case may be), the lessee may also
demand the dissolution of the c ontract, together with damages.
Liability of lessor 
in respect of 
defects or faults of 
thing let. 1545. (1) The lessor is bound to warrant the thing let against
the faults or defects which prevent or diminish the use thereof ; and,
where the existence of such faults or defects is proved, the le ssee
may demand at his option either the dissolution of the contract  or
an abatement of the rent.
(2) The same rule shall apply even though such faults or
defects shall have arisen after the stipulation of the contract .
(3) The lessor, however, shall not be bound in respect of
apparent faults or defects which the lessee could have discover ed
for himself at the t ime of the contract.
  342     [CAP. 16.           CIVIL CODE
Liability of lessor 
for damages in 
case of latent 
defects.1546. If, in consequence of latent faults or defects existing in the
thing let at the time of the contract, the lessee suffers any d amage,
the lessor, if he knew of such faults or defects, or had a reas onable
suspicion thereof, shall be liable in damages unless he shall h ave
made known to the lessee the existence, or his suspicion of the
existence, of such  faults or defects.
Lessor cannot 
change form of 
thing let.1547. The lessor cannot, during th e continuance of the lease,
change the form of the thing let, without the consent of the le ssee. 
Lessee to suffer the 
execution of urgent 
repairs.1548. (1) If, during the continuance of the lease, the tenement
let requires urgent repairs which cannot be delayed until the
expiration of the lease, the lessee is bound to suffer the exec ution
of such repairs, whatever the in convenience caused to him there by,
even though, during such execution, he may be deprived of a par t
of the tenement.
(2) Nevertheless, if the execution of such repairs takes more
than forty days, the rent shall be abated in proportion to the time
and to the part of the tenement of which the lessee is deprived .
Right of access to 
the tenement by the lessor.
Added by:
X.2009
.16.1548A.  During the running of the lease of an urban, residential or
commercial tenement, the lessor has right of access to the tene ment
in such times and in such manner agreed upon with the tenant in
order that the lessor may fulfil  his duties or to verify whethe r the
tenant is performing his obligations, as well as to show thetenement to prospective buyers:
Provided that in the absence of an agreement between the
parties, the Rent Regulation Board may, if need be, after heari ng
the parties summarily, fix days, times and conditions, after an
application filed by the lessor for that purpose. The Board may  give
a decree during the sitting or in the chambers without hearing the
parties. The decree shall be given within five working days fro m
the date when the tenant is served with a notice. The Rent Boar d
may order the inspection to be done under the supervision and i n
the presence of a court marshal. In this function, the RentRegulation Board shall also ta ke into account the tenant’s righ t to
privacy and shall verify that no abuse is made of the lessor’s right
as provided in this sub-article.  In such case, no appeal may be  made
from the said decree.
Lessee may in 
certain cases demand dissolution 
of lease.1549. (1) In the case of an urban tenement destined for
habitation, if the repairs mentioned in the last preceding arti cle are
such as to render uninhabitable for any period of time that par t of
the tenement which is necessary  for the habitation of the lesse e and
his family, it shall be competent to the lessee according tocircumstances to demand the di ssolution of the contract.
(2) The same rule shall apply in the case of movable property if
the repairs are such as to preve nt the use of the thing for any  period
of time.
Lessor not bound 
to warranty against 
molestations by 
third parties ,1550. The lessor is not bound to warrant the lessee against the
molestations which third parties  may, by mere acts, cause to hi m in
the enjoyment of the thing let, where such third parties do not  claim
any right thereon, saving the right of the lessee to proceed ag ainst
CIVIL CODE  [CAP. 16.   
them in his own name.
unless a right on 
the thing is claimed.1551. (1) Where, on the contrary, the lessee is disturbed in the
enjoyment of the thing in consequence of an action touching a r ight
on the thing let, he may maintain  an action for damages against  the
lessor, if he is entirely deprived of the thing, or for a propo rtionate
abatement of the rent, if he is deprived of only a part of the thing,
or if a diminution of the enjoyment of the thing or an inconven ience
is caused to him.
(2) It shall, however, be competent to the lessee, even in the
latter case, to sue for the dissolution of the contract and for
damages, if the part of the thing which is left to him does not  serve
the purpose for which he had t aken the whole thing on lease.
When damages 
may not be 
claimed.1552. The provisions of the last pr eceding article in respect of
the liability for damages shall not apply -
(a) if the lessee fails to give notice to the lessor, without
delay, of the molestation, and the lessor is prejudiced
by such omission;
(b) if the cause of the action referred to in the last
preceding article, has only ar isen after the stipulation
of the contract, and is not due to an act o f the lessor;
(c) if, at the time of the contract, the lessee knew of the
right of the third party.
When lessee is 
bound to call upon 
lessor to defend 
him.1553. If the third parties who have caused molestation by mere
acts claim any right on the thing let, or if an action is broug ht
against the lessee himself to compel him to surrender the thing , in
whole or in part, or to suffer the exercise of any easement, he  is
bound to call upon the lessor to defend him, and he shall, if h e so
demands, have the proceedings against him discontinued, upon
declaring the name of the lessor under whom he holds the thing.
§ II. O F THE RIGHTS AND OBLIGATIONS OF THE LESSEE
Obligations of 
lessee.
Amended by:
X.2009 .17.1554. The lessee is bound -
(a) to make use of the thing let to him as a bonus
paterfamilias , and for the purpose stated in the
contract, or, in the absen ce of any agreement to that
effect, for such purpose as may be presumed according
to circumstances;
(b) to pay the rent agreed upon, or fixed in accordance
with the provisions established by law.
Unlawful use of 
the thing let.
Substituted by:
X.2009 .18.1555.  If the lessee uses the thing leased for any purpose other
than that agreed upon by the parties, or as presumed in the pre vious
article, or in a manner which may prejudice the lessor, the les sor
may, according to circumstances, demand the dissolution of the
contract.
  344     [CAP. 16.           CIVIL CODE
Non-use of 
tenement.
Added by:
X.2009 .18.
Amended by:
V .2010 .12.1555A. (1) In the case of a residential  tenement, failure to use the
tenement for a period exceeding twelve months shall be deemed t o
be bad use of the thing leas ed in terms of article 1555:
P r o v i d e d  t h a t  w h e n  a  p e r s o n  has failed to use the leased
tenement due to being temporarily absent from the tenement due to
work, study or health care, then such failure shall not be deem ed to
be bad use.
(2) When the lessee of a lease which started before the 1st
June, 1995 is recovering in hospital or in an old people’s home , and
where such institution  certifies or where it  conclusively resul ts that
the same tenant is permanently dependent on the institution, th e
lease of that tenement shall be transferred to the person menti oned
in article 1531F:
Provided that when the tenant does not remain in the
tenement due to total dependence on the institution as certifie d by
the same institution or as it otherwise results and there is no  right
of transfer of the lease as here before mentioned, or the transf er is
not accepted by the person qualifying therefor, the lessor mayrequest the dissolution of the contract.
(3) In the case of commercial premises, failure to use the said
tenement for a commercial purpose in accordance with the
provisions of a contract of lease shall be deemed to be bad use  of
the thing leased in accordance w ith the provisions of article 1 555.
(4) The provisions of article 1555 shall also apply in the case
of rural tenements, if the less ee abandons the cultivation ther eof, or
does not cultivate the said tene ment as a bonus paterfamilias, and
the lessor may thereby suffer prejudice in respect of which no
security was given to him.
(5) In any of the aforesaid cases, apart from those cases where
the lessee forfeits the lease due to his recovery in an institu tion, the
lessee shall also be liable to pay damages.
Repairs at the 
charge of lessee of 
urban tenement ,
Substituted by:
X.2009 .19.1556. The lessee of an urban tenement is responsible for all
repairs other than structural repairs:
Provided that if such repairs are not carried out
appropriately and according to good  workmanship the lessor shal l
have the right to request the Rent Board to authorise him to ca rry
out such repairs at the expense of the lessee:
Provided further that in those  instances where new repair
obligations have been imposed  on the lessee which were not
incumbent upon him before the 1st June, 2008 the failure by thelessee to undertake suc h repairs before the 1st January, 2009 s hall
not in any way expose the lessee to damages or any other form o f
punitive measures such as an action for the termination of the lease.
Except when 
caused by force 
majeure .
Substituted by:
X.2009 .20. 1557.  The lessee shall in no case be  responsible for the repair of
damages caused by force majeure  and without any fault of his own.
CIVIL CODE  [CAP. 16.   
Cleansing of 
cisterns.
Substituted by:
X.2009 .21.1558.  The cleansing of cisterns and sinks, of cesspits and of
chimneys shall be at th e charge of the lessee.
State in which 
thing is to be 
restored.1559.  Where the lessor and lessee have made a description of the
condition of the thing let, the lessee is bound to restore the thing in
the same condition in which he received it, according to thedescription, except as regards t hat which may have perished or
deteriorated through age or irresistible force.
When thing is 
presumed to have 
been received in good condition.
Amended by:
X.2009
.22.1560.  Where no description of the condition of the thing let has
been made, it shall, in the absence of any proof to the contrar y, be
presumed that the lessee received the thing in good condition.
Liability of lessee 
for damage , etc.1561.  The lessee is liable for any deterioration or damage which
occurs during his enjoyment, unless he proves that such
deterioration or damage has occu rred without any fault on his p art.
Liability of lessee 
in case of fire.1562. The lessee shall be liable fo r any damage caused by fire,
unless he proves that it occurred without any fault on his part , or on
the part of any of the persons mentioned in the next followingarticle, or through a fortuitous e vent, or an irresistible forc e, or
through a faulty construction, or that the fire was communicate d
from a neighbouring tenement.
Liability of lessee 
for acts of 
servants , etc.1563. The lessee is liable for any deterioration or damage caused
by any act or default of the members of his family, or of hisservants, guests, or sub-lessees.
Improvements. 1564. (1) The lessee may not, during the continuance of the
lease, make any alteration in the  thing let without the consent  of the
lessor, and he is not entitled to claim the value, whatever it may be,
of any improvement made without such consent.
(2) The lessee may, however, remove such improvements,
restoring the thing to the condition in which it was before the y were
made, provided as regards improvements existing at thetermination of the lease, he shows that he can obtain some prof it by
taking them away, and provided the lessor does not elect to kee p
them and pay to the lessee a sum equal to the profit which, bytaking them away, the latter would obtain.
Lessee to give 
notice to lessor of 
encroachment , etc.1565. The lessee is bound, under pain of paying damages, to give
notice to the lessor without delay of any encroachment or damag e
affecting the thing let.
§ III. O F THE DISSOLUTION OF THE LEASE
Contract ceases on 
expiration of term ,
Amended by:
X.2009 .23;
XXVIII.2019. 43.1566. Without prejudice to the provisions of articles 1531A to
1531M, a contract of letting and hiring ceases ipso jure on the
expiration of the term expressly agreed upon, and it shall not be
necessary for either of the contracting parties to give notice to the
other:
  346     [CAP. 16.           CIVIL CODE
Cap.604.Provided that private residential leases under the Private
Residential Leases Act , shall be regulated in accordance with the said
Act.
even if , in case of 
rural tenements or 
movables , the term 
is presumed.1567. With regard to rural tenemen ts or movables, the contract
shall also cease ipso jure on the expiration of the term, even though
such term is presumed as provided in article 1532.
If duration of lease 
of urban tenements 
is presumed , notice 
to quit is required.1568. With regard, however, to u rban tenements, when the
duration of the lease is presumed as provided in article 1532, the
contract shall not cease on the expiration of the term unless e ither
of the parties gives notice to the other at least one month bef ore, if
the presumed duration of the lease is for one year, or fifteen days
before, if such duration is for less than one year.
Cessation of lease 
upon happening of 
resolutive 
condition ,1569. (1) A contract of letting and hiring shall also be
dissolved ipso jure upon the fulfilment of a condition under which
the dissolution of the contract was expressly covenanted, savin g
any action for damages which may be competent to the covenanteeaccording to law.
(2) If the dissolution of the contract is covenanted in the even t
of either of the parties failing to perform that which he has
promised, the dissolution shall take effect only from the day o n
which the covenantee shall have, by means of a judicial act, gi ven
notice to the covenantor of his intention to avail himself of t he
covenant.
(3) In the cases referred to in this article, no time for cleari ng
the delay can be granted to the party in default.
or on the ground of 
non-performance ,
Substituted by:
X.2009 .24. 1570.  A contract of letting and hiring may also be dissolved,
even in the absence of a resolut ive condition, where either of the
parties fails to perform his obligation; and in any such case t he
party aggrieved by the non-performance may elect either to comp el
the other party to perform the obligation if this is possible, or to
demand the dissolution of the contract together with damages fo r
non-performance:
Provided that in the case of urban, residential and
commercial tenements where the lessee fails to pay punctually t he
rent due, the contract may be terminated only after that the le ssor
would have called upon the less ee by means of a j udicial letter , and
the lessee notwithstanding such notification, fails to pay the said
rent within fifteen days from notification.
or if the thing is 
destroyed.1571. (1) If, during the continuance of the lease, the thing let
is totally destroyed by a fortuitous event, the lease is ipso jur e
dissolved; if it is destroyed only in part, the lessee may, acc ording
to circumstances, demand either an abatement of the rent or thedissolution of the contract.
(2) The lessee may also, accord ing to circumstances, demand
an abatement of the rent or the dissolution of the contract, if  owing
to a fortuitous event, the thing let has become unserviceable.
(3) No compensation may be claimed in any of the cases
mentioned in this article.
CIVIL CODE  [CAP. 16.   
Lease not 
dissolved by death 
of lessor or lessee ,
Substituted by:
X.2009 .25.1572.  Without prejudice to the provisions of articles 1531A to
1531M a contract of letting and hiring of a thing is not dissol ved by
the death of the le ssor or of the lessee.
or on the ground 
that lessor desires 
the house for his 
own habitation ,1573.  It shall not be lawful for the lessor to dissolv e the contract
on the ground that he desires the house let for his own habitat ion,
unless the right to do so has been expressly stipulated, in whi ch
case the lessor shall be bound to give notice to the lessee one  month
before, if the remaining period of the lease is not less than o ne year,
or fifteen days before, if the r emaining period of the lease is  less
than one year.
or in case of 
alienation of thing let.1574. If the lessor sells the thing let, or alienates it in any other
manner, the alienee cannot dissolve the lease, unless the lesso r has
reserved to himself such pow er in the cont ract of lease.
Notice by alienee 
to lessee.1575. (1) The alienee of the thing let desiring to avail himself
of the power reserved in the contract respecting the dissolutio n of
the lease in case of sale or other alienation, is bound, unless
otherwise agreed upon in the contract, to give notice to the le ssee,
one year before, in the case of rural tenements, and one month or
fifteen days before in accordance with the provisions of articl e
1573 in the case of urban tenements.
(2) In the case of movables, the  notice to the lessee must be
given eight days before, or at  least so many days before as
correspond to half o f the remaining period of the lease.
Buyer cannot eject 
lessee while his title is subject to 
dissolution. 
Amended by: IV .1961.2.1576. The buyer of a tenement subject  to the right of redemption
cannot avail himself of the power to eject the lessee, until he  shall
become irrevocably the o wner of such tenement.
Tenements 
belonging  to the 
Government , etc.
Added by: 
IV .1995 .3.
Repealed by: 
XVII.2017.84.1576A.  Repealed by  XVII.2017.84.
Where no right to 
compensation 
exists. Added by: 
IV .1995
.3.
Repealed by: XVII.2017.84.1576B. Repealed by  XVII.2017.84.  
Where a right to 
compensation exists. 
Added by:
IV .1995
.3.
Amended by:
X.2009 .26.
Repealed by: XVII.2017.84.1576C. Repealed by  XVII.2017.84.
  348     [CAP. 16.           CIVIL CODE
No court 
declaration is 
required. 
Added by:IV .1995
.3.
Amended by:
X.2009 .27.
Repealed by: 
XVII.2017.84.1576D. Repealed by  XVII.2017.84.
Amended by: 
I.1870.2.§ IV .O F SPECIAL RULES AS TO LEASES OF RURAL TENEMENTS 
YIELDING FRUITS
Remission or 
abatement of rent , 
in case of loss of 
crop.1577.  If the lease is made for two or more years and, during the
lease, there shall be lost, by  any fortuitous event, the whole crop of
one year or at least so much of it that the value of the remain ing
fruits, after deducting the value of the seeds and the expense of
gathering such fruits, shall not be equivalent to one-half of t he rent
agreed upon, the lessee is entit led to demand, in the former ca se,
the remission of the whole rent , and, in the latter case, an
abatement of the rent, corresponding to the difference between the
value of the remaining fruits a nd the amount of the said rent.
Lessee to demand 
that loss be 
ascertained.
Amended by:XXII.2005
.81.1578. In order to obtain the remi ssion or abatement aforesaid,
the lessee must, during the time of the ripening of the fruits and
before the gathering thereof, dem and, by sworn application, tha t
the loss be ascertained; in default of such demand he is debarr ed
from bringing in his claim.
Where no 
remission or abatement is 
allowed.1579.  No remission or abatement of  rent shall be allowed if on
striking a balance between any ex cess and deficiency in respect  of
the previous years, there remains  a profit sufficient to reduce  the
loss sustained in the year menti oned in the demand to less than  one-
half of the rent.
Adjustment of loss 
where lease is to 
continue.1580.  If after striking such balance, the aforesaid loss is found to
be greater than one-half of the rent, and the lease is to conti nue for
another year or more, it shall be lawful for the court provisio nally
to exempt the lessee from the pa yment of the rent in proportion  to
the loss sustained.
Adjustment to be 
definitely made at 
the expiration of lease.1581.  In such case, however, the issue of the remission or
abatement of rent shall not be de finitely settled except at the
expiration of the lease, when another balance shall be struck o f any
excess and deficiency in respect o f the crops gathered during t he
whole term of the lease, and no remission or abatement shall be
granted if on striking such balance there shall remain a profitsufficient to reduce the loss sustained in the year mentioned i n the
demand to less than one-half of the rent.
If there is no loss at 
the time of 
computation , 
remission or 
abatement cannot 
be sought 
afterwards.1582. If on striking the balance as provided in article 1579 no
remission or abatement of rent  is found to be due, it shall not  be
lawful for the lessee to renew t he demand at the expiration of the
lease notwithstanding any deficiency in the following years; sa ving
his right to demand the remission or an abatement of the rent i n
respect of each of such following years if there are sufficientgrounds for such demand.
CIVIL CODE  [CAP. 16.   
Remission or 
abatement when 
granted cannot be 
recalled.1583. If, during the continuance of the lease, the lessor has
granted to the lessee the remission of the rent of one year, or  an
abatement thereof, in consideration of the loss sustained in su ch
year, he may not demand the paym ent of the amount remitted, eve n
though on striking a balance as provided in article 1581 it sha ll
appear that the lessee during the years following such remissio n or
abatement has made a profit corresponding to or even exceedingsuch loss, unless the lessor i n granting the remission or abate ment
shall have reserved to  himself such right.
Remission or 
abatement where 
lease does not exceed one year.1584. Where the time of the lease does not exceed one year, the
lessee shall be equally entitled to a remission or an abatement  of
the rent, in the event of the happening, during such year, of t he
circumstances mentioned in article 1577.
Rent paid may not 
be recovered.1585. In no case may the lessee on account of any loss sustained
recover the rent paid by him, unless in paying such rent he sha ll
have reserved to himself such right, or unless he shall have pa id the
rent in advance.
No remission or 
abatement in 
respect of loss of fruits separated 
from the soil,1586. The lessee has no right to th e remission or an abatement of
the rent, if the loss of the fruits occurs after they have been
separated from the soil, unless the rent shall have been made t o
consist in a share of the fruits in kind, in which case the les sor must
bear a proportionate part of the loss, provided the lessee was not in
default for delay in delivering to the lessor the latter’s shar e of the
fruits.
nor if cause of loss 
existed at time of contract.1587. Nor may the lessee demand the remission or an abatement
of the rent, if the cause of the loss existed and was known at the
time the lease wa s contracted.
Lessee may 
undertake to bear loss caused by 
fortuitous event.1588. (1) The lessee may, by an express covenant, undertake
to bear any loss caused by fortuitous events.
(2) Any such covenant shall be deemed to apply only to
ordinary fortuitous events, such as hail, or the excessive abun dance
or scarcity of rain.
(3) It shall not be deemed to extend to extraordinary fortuitous
events, unless the lessee shall have undertaken to bear all for tuitous
events, whether foreseen or unforeseen.
Lease, if under 
Metayer System , 
dissolved by death 
of lessee.1589. The lease of a rural tenement is dissolved by the death of
the lessee if it is entered into on condition that the produce shall be
divided between lessor and lessee.
§ V. OF THE RIGHT OF PREFERENCE IN THE LEASE OF THINGS
Right of preference 
or of tenancy , 
Amended by: 
L.N. 148 of 1975.1590. The right of preference or of tenancy in respect of the
lease of things shall not be available, even with regard to pro perty
of the Government of Malta, except in the cases laid down in an y of
the articles following.
of co-possessor , 1591. Where two or more persons possess a thing in common,
each of them has a right of preference over strangers in respec t of
  350     [CAP. 16.           CIVIL CODE
the lease of such thing, on th e same conditions offered by othe rs.
to be exercised by 
co-possessor himself.1592. The said right cannot be exercised except by the co-
possessor himself, and it cannot be exercised by him after the thing
has been validly let to any other person.
Concurrent 
exercise of such 
right by two or 
more co-possessors.1593. In the event of concurrent claims by two or more persons
having such right, it shall be lawful for any of them to demand  that
the thing be let, upon an auction, to the highest bidder, and t hat
strangers be not admitted to bid.
Right of preference 
of sitting tenant. 
Amended by: XLII.1933.2; 
XVI.1967.20; 
VI.1972.2.1594. If there are no claims on the part of persons having a right
of preference on the ground mentioned in article 1591, a right of
preference, in regard to tenements, is granted - 
(a) to the lessee in the last preceding lease of an urban
tenement, in respect of the new lease of the sametenement;
(b) to the possessor or occupier of the upper part of a
building, in respect of the new lease of the lower part
of the same building, whether such lower part belongsto the lessor of the upper part or to any other person,
and whether it has or has not access from  the street:
 Provided that the right of preference granted under
this paragraph shall not apply in the case of anybuilding constructed or used as a common tenement
house or of any building consisting of flats which,
though having in common other parts of the building,are constructed, leased, or o ccupied for use separately.
Right of preference 
is merely personal.1595. (1) In the cases mentioned in the last preceding article,
the right of preference can be exercised in the manner and with in
the times hereinafter stated, even after the new lease has been
agreed upon with others.
(2) Such right, however, is merely personal, and it may not be
transferred to other persons, nor shall it transmit to the heir s or
other successors of the person entitled thereto.
How right of 
preference is exercised.1596. A person vested with the right of preference for any of the
causes mentioned in article 1594 must, in order validly to exer cise
such right, within fifteen days from the day on which he shall have
been notified by the lessor of the conditions offered by or agr eed
upon with others, accept such  conditions, and give, if
simultaneously with the aforesaid notification he is so require d,
sufficient security for the performance of the said conditions where
such security is included in such conditions.
Notification of 
conditions.1597. (1) The notification of the conditions offered or agreed
upon, shall be made by the lessor by means of a judicial act ca lling
upon the person to be served the rewith to declare, within the t ime
mentioned in the last preceding article, whether he intends to
accept such conditions, and warni ng him that, in default of
acceptance within the aforesaid time, his right of preference s hall
lapse.
( 2 ) W h e r e  t h e  n e w  l e a s e  i s  i n  w r i t i n g ,  t h e  l e s s o r  m a y ,  i n  t h e
aforesaid judicial act, state the conditions of such lease by a  mere
CIVIL CODE  [CAP. 16.   
reference to the writing, but in such case he must, if the writ ing is a
private writing, annex a copy thereof, or if the writing is a n otarial
deed or a draft thereof, state i n the said act the name, surnam e and
place of residence of the notar y having such deed or draft.
Where party to be 
notified with conditions is 
absent.1598. (1) If the party to be notified is absent from Malta, the
notification in his behalf may be made to any attorney of suchparty, or to any other person charged by him with the custody o f the
premises or of the keys thereo f, or holding or occupying the
premises, under any title wha tsoever, with his consent.
(2) In default of such attorney or person charged as aforesaid o r
holder or occupier, the notification may be made by means of anadvertisement in the  Government Gazette.
(3) In the cases referred to in this article, the time for accep ting
the conditions is of one month.
Acceptance. 1599. Notice of the acceptance of t he conditions, together with
the production of security, where  required, shall also be given  to
the lessor by means of a judicial act.
Nullity of 
notification of 
conditions or of 
acceptance.1600. If in the cases mentioned in the last three preceding
articles the notification of the  conditions or the acceptance t hereof
is made otherwise than as prescribed in those articles, such
notification or accepta nce shall be null.
Hypothecary 
security.1601. If the lessee possesses immovable property, he may offer,
as security, the hypothecation of such property in lieu of any other
security required by the lessor under the provisions of article  1596.
Where lessor 
rejects security as insufficient.
Amended by:
XXII.2005
.81.1602. If on production of the security within the time stated in
article 1596 the lessor, within fifteen days from the notificat ion of
such production by means of a j udicial act, rejects such securi ty as
insufficient, the lessee may, within four days from the notific ation
of such act, demand, by sworn application, that the securityproduced by him be declared sufficient and that his right of
preference be declared operative.
Court may allow 
fresh security.
Amended by:XXII.2005
.81.
Substituted by:
X.2009 .28.1603. If, on such sworn application, t he lessee fails to establish
the sufficiency of the security, the Rent Board may, before giv ing
judgment, allow him a time not e xceeding eight days within whic h
to produce a fresh security, an d if such fresh security, whethe r
alone or together with the previ ous one, is not deemed by the R ent
Board as being sufficient, the Rent Board shall proceed to givejudgement on the aforesaid app lication, declaring the right of
preference as having lapsed.
Times are 
peremptory. 1604. The times established in the la st two preceding articles are
peremptory.
Annulment of 
conditions of new 
lease on the ground 
of 
misrepresentation , 
etc.1605. (1) Notwithstanding the accep tance of the conditions of
the new lease, it shall be lawfu l for the party who had accepte d
such conditions to demand, during the lease, the annulment of a ll
such conditions together with damages, if he proves anymisrepresentation or fraud to his prejudice in regard to any of  such
conditions; and in such case the new lease shall remain operati ve
on the same conditions of the previous lease, at a rent to be f ixed on
a valuation by experts having regard to the circumstances
  352     [CAP. 16.           CIVIL CODE
prevailing at the time when the  conditions so impeached were
accepted.
(2) The action for damages on the ground of misrepresentation
or fraud as aforesaid, may even be exercised within a year from  the
dissolution of the new lease, but not after the expiration of s uch
year.
When right of 
preference is not competent. 
Amended by: 
XXXIX.1939.5.1606. No right of preference shall be competent in any of the
cases mentioned in article 1594, if the lease is granted for a time
not less than one year to a pe rson related to the lessor by
consanguinity or affinity up to the degree of cousin inclusivel y; but
in case of misrepresentation or fraud, the party vested with th e right
of preference may maintain an action for damages exercisable
within one year only, to be reckoned, in the case mentioned in
paragraph ( a) of the said article, from the day on which the said
party shall have quitted the ten ement in consequence of the sai d
lease, and, in the case mentioned in paragraph ( b) of the same
article, from the dat e of the said lease.
When right of 
preference of sitting tenant is not 
competent. 
Amended by:XXXIX.1939.6;
XI.1977.2;
X.2009
.29.1607. The right of preference gr anted under paragraph ( a) of
article 1594 to the lessee in the  last preceding lease, in resp ect of
the new lease of the same tene ment, shall not be competent -
(a) if the lessee does not reside in Malta;
(b) if, at the time of the new lease, the lessee and his
family are, and have been since two years or more,
absent from Malta;
(c) if, in the case of an urban tenement, neither the lessee
nor any member of his family dwells in the premises,or has dwelt therein during the last two years
preceding the new lease, and the premises are mainly
intended for habitation;
(d) if, previously to the new lease, the lessee has
surrendered or has been compelled to surrender the
tenement;
(e) if the lessee, during the preceding lease, was not
punctual in the payment of the rent for two or moreterms;
 For the purposes of this paragraph, the lessee shall not
be deemed to have failed to be punctual, if the
payment of the rent is not delayed for more thanfifteen days from the day on which the lessor shall
have, even verbally, demanded such payment;
(f) if the lessee has failed to perform or has contravened
any of the other obligations arising from the contractof the last preceding lease; or has performed such
obligation only when compelled to do so by the Rent
Board;
(g) if the preceding lease was dissolved for any cause
other than that of the expiration of the time for which
it was to run;
(h) if the lessee, without the express consent of the lessor,
CIVIL CODE  [CAP. 16.   
has wholly sub-let the tenement or assigned the lease
thereof, and the tenement, a t the time of the new lease,
is occupied by the sub-lessee or assignee, even thoughthe lessee has not been restrained from sub-letting the
tenement or assignin g the lease thereof:
 Provided that where the sub-lease or assignment of
the lease is in respect of a part of the tenement, theright of preference shall cease in respect of that part
o n l y ;  b u t  t h e  l e s s e e  s h a l l  a l s o  f o r f e i t  h i s  r i g h t  o f
preference in respect of the pa rt not sub-let or the lease
whereof is not assigned, if the lessor does not wish to
let the several parts of the tenement separately and the
lessee does not accept the new lease of the wholetenement on the same conditions offered by or agreed
upon with others in respect of the whole tenement.
Right of preference 
may not be set up if 
lessee refuses to accept conditions 
of new lease.
Amended by:X.2009
.30.1608. The lessee may not set up his  right of preference against
the demand for the surrender of the tenement, where such demand
is admissible, if he refuses to accept the new lease on theconditions proposed to him and by the Rent Board deemed
reasonable, even though it is proved that the plaintiff intends  to let
out the tenement to others on less onerous conditions.
If lessor declares 
not to let out the 
tenement before 
lapse of one year , 
etc.
Amended by:
X.2009 .31.1609. Nor may he set up his right of preference against the
aforesaid demand, where such dem and is admissible, if the plain tiff
declares on oath that he does not intend to let out the tenemen t
before the lapse of one year to be reckoned from the day of the
demand, or that he does not intend to let out the tenement with in
the said time on conditions less onerous than those which the
defendant shall have refused to accept, whatever such condition s
may be, and irrespective of any opinion of the Rent Board in re gard
to such conditions:
 Provided that if the declarant shall, in violation of the term s of
any such declaration, let out the tenement, within the timeaforesaid, to persons other than those mentioned in article 160 6, the
party who has surrendered the te nement in consequence of such
declaration, may maintain agains t the declarant an action for
damages, exercisable within one year from the day on which the
tenement shall have been so let out.
When right of 
preference 
competent to occupier of upper 
part of building 
ceases.1610. The right of preference granted under paragraph ( b) of
article 1594 to the possessor or  occupier of the upper part of a
building in respect of the new lease of the lower part of the s ame
building shall not be competent - 
(a) if the possessor or occupier of the upper part does not
make use thereof for his own habitation or that of his
family;
(b) if the new lease of the lower part is claimed by the
lessee himself who enjoyed th e last preceding lease, in
virtue of the right of preference granted under
paragraph ( a) of article 1594.
  354     [CAP. 16.           CIVIL CODE
Where several 
occupiers of upper 
parts of building 
claim right of preference.1611.  Where two or more possesso rs or occupiers of several
upper parts of a building claim the new lease of the lower part ,
preference shall be given to th e possessor or occupier of the p art of
the building immediately overlying the part to be let out.
Where overlying 
extent is greater.1612. If the lower part immediately underlies the parts of the
same building, possessed or occupied by the competitors claimin g
the new lease, preference shall be given to the possessor or
occupier whose part overlies the lower part to a greater extent ; and
if such upper parts overlie the lower part to the same extent, the
lessor may grant the lease to any  one of the competing claimant s
whom he prefers.
§ VI. O F SUB-LETTING
Sub-letting.
Substituted by:
X.2009 .32.
Amended by:
VIII.2018 .2.1613. (1) In the absence of other speci al provisions, the contract
of subletting is regulated by the same provisions which regulat e the
contract of letting and hiring:
Provided that in the case of the sub-letting of commercial
tenements before the 1st June, 1995, these shall be terminated on
the 31st May, 2018 subject to the provisions of this article un less
done by agreement with the lessor, in which case such sub-letti ngs
shall be regulated  by such agreement:
Provided further that the lease shall be established
according to that laid down in article 1513D.
(2) In the absence of an agreement between the lessee and the
person who is the sub-lessee before the 31st May, 2018 who has an
interest in remaining in the tenement in case of a sub-lease th at
expires on the 31st May, 2018, where the sub-leased tenementconsists of commercial premises which in the year preceding the
31st May, 2018 is managed by th e sub-lessee, the person who
before the 31st May, 2018 was the sub-lessee shall have the rig ht to
continue managing his business from the tenement, under those
conditions as may be determined b y the Rent Regulation Board, f or
such period as may be established by the Board which shall not be
longer than the period of the lease or be more than ten years,
whichever is the shorter. 
(3) A request for the sub-lessee to continue managing his
business from the leased tenement shall be made by means of an
application filed before the Rent Regulation Board by not later  than
the 31st May, 2018 and that application shall contain the reaso ns
for which it is made. The Board shall not accede to the request
unless the applicant satisfies the Board that he will suffer se rious
prejudice if he does not continue to manage his business from t he
tenement. 
CIVIL CODE  [CAP. 16.   
(4) The application made by the sub-lessee in accordance with
sub-article (3) shall be notified to the owner and the lessee w ho
shall have the right t o oppose the request. 
(5) The hearing of the application referred to in sub-articles ( 3)
and (4) shall be regul ated by the rules of  procedure applicable  to
applications filed before the Rent Regulation Board, without
prejudice to the Board’s right, at any stage of the proceedings , to
establish or change the amount of compensation which the personwho was the sub-lessee before t he 31st May, 2018 is obliged to pay
to the owner or to the lessee or both while the proceedings are
pending. There will be no right of appeal from the decreeestablishing the said compensation.
(6) If the Board accedes to the request for the applicant to
continue managing his business fr om the premises, as previously
laid down in this article, the Board shall establish the rent f or the
period after the 31st May, 2018 at an amount which is inaccordance with the value that the tenement could fetch if this  were
to be leased on the market by its owner for the use that was be ing
made thereof during the year i mmediately preceding the 31st May ,
2018. The Board shall also have the power to order the payment of
rent below the said market value if it is proven to the satisfa ction of
the Board that the payment of the said market value would impos e
harsh consequences on the person managing his business from the
tenement, in a way that would prejudice that person’s living or  that
of persons working in the tenement.
If the Board decides that the payment of rent shall be below
the said market value, the Boa rd shall also order in its decisi on that
the rent should be increased eve ry year until it reaches the sa id
market value by not later than the first expiry of rent due in the year
2027. 
(7) When the Board establishes a new rent in accordance with
this article, it shall have the p ower to establish that such re nt shall
be divided among the persons hav ing a right over the tenement a nd
particularly between the owner of the tenement and the personhaving another title of tenancy over the premises and the manne r in
which such lease is to be divided.
(8) When the rent that must be paid by the person who was the
sub-lessee before the 31st May, 2018 is established in a final manner,
that rent must be paid as from the 1st June, 2018 in a way that  any
compensation paid according to sub-article (5) shall be deducte d from
the amount of arrears due.
Lessee may not 
sub-let unless 
agreed upon in the 
contract.Substituted by:
X.2009
.33.
Amended by:XXIII.2017.
81.1614. (1) The lessee is not entitled to sub-let a thing or to
assign its lease, unless such rig ht was agreed upon in the cont ract.
(2) For the purposes of this Sub- title, a management agreement
or any other form of agreement, by means of which a lessee
transfers to third parties the possession of the tenement or of  the
business operated from the commercial tenement shall be
  356     [CAP. 16.           CIVIL CODE
considered as sub-letting.
(3) Where the lessee is a limited liability company or any other
form of company, the cumulattive inter vivos  transfer of fifty per
cent of the shareholding, even if carried out by means of more than
one transfer and, or the transf er of the actual controlling pow er of
the administration of such company or of the control of the
business conducted from the tenem ent shall be considered as a s ub-
lease:
Provided that such a transfer shall not be considered as a
sublease if the transfer was made to any one of the spouses who  are
not legally separated and, or to  the children of the shareholde r.
Housing of third 
parties.Substituted by:
X.2009
.34.1615.  (1) The lessee may house third parties in parts of the
residential property against payment unless this is expresslyforbidden in the contract and subject to the provisions of arti cle
1555.
(2) The lessee shall also be entitled to accept other persons to
dwell with him against payment of  part of the rent, or against any
other consideration, unless such right has not been expressly
forbidden by the contract.
Lessee under 
Metayer lease 
cannot sub-let 
without lessor’s consent.1616. A lessee who cultivates land under a covenant of sharing
the produce with the lessor, cannot sub-let or assign the lease ,
unless such power has  been expressly granted to him by the less or.
Lessee of part of 
building cannot sub-let.1617. Nor may the occupier of a pa rt of an urban tenement, not
separated from other parts of the same tenement, or having acce ss
by the same entrance as other par ts of the same tenement, sub-l et or
assign the lease, without the consent of the lessor.
Right of lessor to 
be recover 
possession of 
tenement if used 
for immoral 
purposes. Amended 
by:
XXXIX.1939.8;
X.2009 .35. 1618. Notwithstanding that the power to sub-let or to assign the
lease has not been excluded and also where it has been agreed
upon, the lessor shall have the right to recover possession of the
premises, if such premises are s ub-let or the lease thereof is
assigned to any person using, causing or suffering the same to be
used for purposes of prostituti on or for other immoral purposes .
Right of original 
lessor on things of 
sub-lessee. Amended by:
VII.1944.3;
XLVI.1973.85.1619. The lessor may enforce his rights for rent, compensation
for non-repairs, or in connection with any other covenant of th e
lease, on the fruits and on the value of all things which serve  for the
furnishing or stocking, or for the cultivation of the tenement,  even
though such fruits or other things belong to the sub-lessee, an d the
latter has discharged his liabilities towards his sub-lessor:
 Provided that such rights shall not be available to the lessor  in
respect of the said things if the same belong to or are held by  or on
behalf of any department of the Government of Malta in any case  in
which such department is not itself directly liable for the pay ment
of the debt.
Rights of sub-
lessee.1620. The sub-lessee may not claim against the lessor any of the
rights competent to the lessee.
Applicability of 
ss.1619 and 1620.1621. The provisions of the last two preceding articles shall also
CIVIL CODE  [CAP. 16.   
apply in cases where the lessee has not been restrained from su b-
letting or from assigning the l ease, or has been expressly allo wed to
do so, unless the lessor has exp ressly released the lessee from  his
obligations or has expressly acknowledged the sub-lessee instea d
of the lessee.
Right of preference 
applicable to sub-
lease.1622. (1) The right of preference referred to in article 1591,
shall also apply in the case of the sub-letting of a thing held  in
common by several lessees.
(2) The right of preference granted under paragraph  (a) of
article 1594 is also competent to the sub-lessee in respect of the
new sub-lease of the premises; b ut the right of preference gran ted
under paragraph ( b) of the said article is competent to the sub-
lessee only in cases where the lower part of the building is su b-let
by the person who had sub-let th e upper part to the said sub-le ssee.
(3) The provisions of articles 1596 to 1610, inclusively, shall
apply in all the cases refer red to in this article.
Power to make 
regulations.Added by:
X.2009
.36.1622A.  The Minister responsible f or accommodation following
consultation with the Minister re sponsible for finance may make
regulations for all or any of the following purposes:
(a) to draw up a model contract of lease that may be used
by the parties concerned;
(b) to enable the proper implementation of the provisions
of this Title and to implement such necessary measures
to give it full effect and to allow for its properadministration, including Board procedures;
(c) to create a registry for the deposit or registration and,
or de-registration of contracts of letting for any
purpose which the Minister may establish, includingfor the purpose of the validity itself of the same
contracts, and to do all that is necessary for this
purpose;
(d) to create a structure estab lishing and administering the
Market Property Value Index;
(e) to establish criteria for a means test for the purposes
stipulated in article 1531F;
(f) to establish regulations and criteria for the purpose of
articles 1531J and 1531M;
Cap. 125.
Cap. 88.(g) to extend the application of the provisions of this Code
regarding the lease or part of it with regards to cases
where a person has been acco mmodated in a residence
under the Housing Act,  or where a public authority has
taken possession of a residence in terms of the Land
Acquisition (Public Purposes) Ordinance , or under any
other law which is or has been in force from time totime;
Cap. 125.(h) to provide transitory arrangements in the case of
removal of requisition orders issued according to the
Housing Act ;
  358     [CAP. 16.           CIVIL CODE
Cap. 398.(i) to provide for the removal or modification of any
transitory provision s contained in the Condominium
Act;
(j) to provide with respect to any thing about which he
may make regulations in terms of the provisions of this
Title.
Sub-title II
OF THE LETTING OF WORK AND INDUSTRY
Definition of 
contract of letting 
of work and industry.1623. A contract of letting of wor k and industry is a contract
whereby one of the contracting parties binds himself to do some
thing for the other, for a reward which the latter binds himsel f to
pay to the former.
Reward. 1624. Where the reward is not fixed  in the agreement, or by law
or custom, it shall be fixed by the court, upon a valuation byexperts or, even without s uch valuation, according to
circumstances.
Work prohibited by 
law, etc.1625. (1) Any agreement for work or services prohibited by
law or contrary to morality, is void.
(2) The performance or executio n of such work or services
gives no action for remuneration.
Cases of contract 
of letting of work 
and industry.1626. The following are contract s  o f  l e t t i n g  o f  w o r k  a n d
industry:
(a) that of a domestic servant, workman or other employee
who binds himself to work in the service of another;*
(b) that of carriers who underta ke the carriage by land or
water, of persons or things;
(c) that of persons underta king contracts of works.
Applicability of 
ss.1569 and 1570 to contracts of 
letting and hiring 
of work and industry.1627. The provisions of articles 1569 and 1570 shall also apply
in the case of contracts of letting and hiring of work and indu stry,
saving the special provision s respecting such contracts.
Prohibition of 
discrimination.Added by:
XX.2002
.3.1627A.  No person may take any discriminatory action or
sanction against any of his officers, employees or agents on th e
grounds that such officers or employees, having reasonable grou nds
to suspect corruption reported in good faith their suspicion to
responsible persons or authorities, and any person who may havebeen the victim of such discriminatory action or sanction shall ,
without prejudice to any other right under any other law, have a
*Until 1952 , this contract was regulated b y the provisions contained in §I "Of the
Hiring of Domestic Servants , Workmen and other Employees" , of this sub-title. These
provisions were repealed by Act XI  of 1952.
CIVIL CODE  [CAP. 16.   
right to compensation for any damage caused to him by such
discriminatory action or sanction.
§ I. OF CARRIERS BY LAND OR WATER
Liability of 
carriers ,1628. Carriers by land or water are,  in respect of the custody and
preservation of the things entru sted to them, subject to the sa me
liabilities as depositaries.
for things delivered 
to them , 1629. They are responsible not only for the things which they
have received in their vehicle or boat or other vessel, but als o for
the things delivered to them in any place to be put in the vehi cle, or
boat or other vessel, or to be carried in any other manner.
for loss. 1630. They are liable for the loss of or injury to the things
entrusted to them, unless they prove that such loss or injury w as
caused by a fortuitous event or irresistible force and without any
fault on their part.
Carriage by water. 1631. The carriage by water referr e d  t o  i n  t h i s  C o d e ,  i s  t h e
carriage, by boat or other sea vessel, within the limits of Mal ta, that
is: from one island to the other, or from one part of an island  to
another part of the same island.
Saving. 
Cap. 10.1632. Nothing in this Code shall affect the provisions of the
Code of Police Laws .
§ II. O F CONTRACT OF WORKS OR LOCATIO OPERIS
Agreement with 
person undertaking 
to execute work.1633. In a contract to execute a certa in work it can be agreed that
the person undertaking the work shall bestow only his labour or
skill, or that he shall al so supply the materials.
|If thing perishes 
before delivery 
where artificer supplies materials.1634. If, where the artificer supplie s the materials, the thing in
any manner perishes before it is delivered, the loss is borne b y him,
unless the employer has been in default for delay in the receip t of
the thing.
Where artificer 
bestows labour or 
skill only.1635. If, where the artificer bestows  only his labour or skill, the
thing perishes, he is only liable for his fault.
No reward where 
thing perishes 
before delivery.1636. In the case mentioned in the l ast preceding article, if the
thing perishes, even though without fault on the part of the ar tificer,
before the work has been deliver ed, and without there being any
default for delay on the part of the employer in examining it, the
artificer shall no longer be en titled to claim the reward, unle ss the
thing has perished owing to a defect in th e materials.
Where work 
consists of several 
pieces.1637. (1) In the case of a work cons isting of several pieces or
which is done by measure, the work shall remain at the risk of the
artificer until the employer has examined the whole work, unles s it
has been agreed that the exami nation of each piece shall take p lace
as soon as each piece is completed.
  360     [CAP. 16.           CIVIL CODE
(2) All the pieces of the work p aid for are presumed to have
been examined, if the employer pays the artificer in proportion  to
the work performed.
(3) Such presumption, however, shall not arise, if the
payments, although stipulated, or effected on the completion of  one
or more pieces of the work, are made on a ccount of the whole wo rk
and without any appropriation to  any particular piece of such w ork.
Duration of 
liability of 
contractor and 
architect.1638. (1) If a building or other considerable stone work
erected under a building contract shall, in the course of fifte en
years from the day on which the construction of the same was
completed, perish, wholly or in p art, or be in manifest danger of
falling to ruin, owing to a defect  in the construction, or even  owing
to some defect in the ground, the architect and the contractor shall
be responsible therefor.
(2) The relative action for damages must be brought within two
years from the day on which any of the said cases shall have
occurred.
Contractor cannot 
claim increase of 
price.1639. A contractor who has undertaken the construction of a
building or other considerable work, according to a plan
determined and agreed upon betw een him and the em ployer, cannot
claim any increase in the price, o n the ground of an increase i n the
rate of wages or the cost of the materials, or on the ground of
deviations from or additions to the plan, which are not onerous  to
the contractor.
Employer may 
dissolve contract. 
Substituted by: IV .1995
.4.1640. (1) It shall be lawful for the employer to dissolve the
contract, even though the work has been commenced. 
(2) If the employer has no valid reason for the dissolution, he is
to compensate the contractor for  all his expenses and work and to
pay him a sum to be fixed by the court, according to circumstan ces,
but not exceeding the profits which the contractor could have m ade
by the contract. 
(3) If the employer has valid r eason for the dissolution, he is to
pay the contractor only such sum which shall not exceed theexpenses and work of the contractor, after taking into consider ation
the usefulness of such expenses and work to the employer as wel l
as any damages which he  may have suffered.
(4) Any advance made to the contractor before the dissolution
of the contract shall be applied to the sums due in terms of su b-
article (2) or (3) of this article and the contractor shall ret urn any
resulting excess to the employer.
(5) The contract shall be immediately dissolved when the
employer informs the contractor, by any means whatsoever, of hi s
decision to dissolve the contract, and this without the need of  any
authorisation or confi rmation by any court.
Contract is 
dissolved by death 
of artificer , etc.1641. (1) A contract of works or locatio operis  is dissolved by
the death of the art ificer, the architect  or the contractor.
(2) The employer, however, is bound to pay to the heirs of the
artificer, architect or contract or, in proportion to the price agreed
CIVIL CODE  [CAP. 16.   
upon, the value of the work done a nd of the materials prepared,  but
only if such work and materials may be useful to him.
Liability of 
contractor.1642. The contractor is responsibl e for the acts of the persons
employed by him.
Rights of masons , 
etc.1643. Masons, carpenters and other artificers employed in the
construction of a building or oth er work undertaken in pursuanc e of
a contract of works, have no action against the person for whos e
benefit the work has been perform ed, except to the extent of su ch
amount as may be due by such person to the contractor at the ti me
their action is instituted.
Title  X
OF CONTRACTS OF PARTNERSHIP
GENERAL PROVISIONS
Definition of 
contract of partnership. 1644. Partnership is a contract whereby two or more persons
agree to place a thing in common,  with a view to sharing the be nefit
which may derive therefrom.
Object of 
partnership must 
be lawful.1645. (1) Every partnership must have a lawful object, and
must be contracted f or the common interest of the parties.
(2) Every partner must contri bute either money or other
property, or his skill.
Partner cannot 
contribute what he expects to acquire 
by succession or 
donation.1646. (1) Every agreement by which one of the partners is to
contribute the ownership or enj oyment of property which may in
future come to him by succes sion or donation, is void.
(2) A  contract containing such a provision may be wholly
annulled, upon the demand of a ny of the other partners.
Provisions not 
applicable to 
commercial 
partnerships. Amended by: 
XLVI.1973.86. 
Cap. 168.1647. The provisions of this Title do not apply to commercial
partnerships except as provided by the Commercial Partnerships
Ordinance*.
Sub-title I
OF THE DIFFERENT KINDS OF PARTNERSHIP
*Repealed by Act XXV of 1995. See the Companies Act ( Chapter 386 ).
  362     [CAP. 16.           CIVIL CODE
General 
partnership of all 
property 
prohibited.1648. A general partnership of all t he property of the partners,
although it refers to prese nt property only, is void.
General 
partnership of 
profits permitted.1649. (1) A  general partnership of p rofits is permitted: any
such partnership shall only incl ude all that which the parties shall
acquire by their skill, under an y title whatsoever, during the
continuance of the partnership, and the use of the movable or
immovable property intended for the exercise of the trade or
profession of the partner p ossessing such property.
(2) The partnership referred to in this article, unless made by a
public deed, is null.
Particular 
partnership.1650. A particular partnership is a partnership having for its
object certain specified things, or the use thereof, or the fru its
which may be derived therefrom, or a specified undertaking, or the
exercise of some trade or profession.
Where immovable 
property is 
contributed , public 
deed is necessary.1651. (1) A contract of partnership whereby any one of the
partners binds himself to contribute the ownership of immovable
property is void so far as regards the obligation of contributi ng the
ownership of such property, un less it is made by a public deed.
(2) The provisions of sub-article (2) of article 1646 shall also
apply to any such contract.
Applicability of ss. 
994 to 996.1652. Where a partner has validly bound himself to transfer to
the partnership the ownership of the property which he is tocontribute, the provisions of articles 994, 995 and 996, shall apply
with respect to the tran sfer of such property.
Sub-title II
OF THE OBLIGATIONS OF PARTNERS AS BETWEEN THEMSELVES
Commencement of 
partnership.1653. A partnership commences from the moment the contract is
made, unless another time is fixed.
Stipulation 
whereby partnership is to 
last for ever, is 
null.1654. (1) Any stipulation whereby a partnership is to last for
ever or during the whole life of any one of the partners, is vo id.
(2) A  contract of partnership containing any such stipulation
shall be deemed to have been entered into for an undefined time .
Where object of 
partnership is an 
undertaking of a limited duration.1655. If the partnership has for its object an undertaking having
a limited duration, it shall be deemed to have been contracted for
the whole time for which such undertaking is to last.
Liability of 
partners in respect of contributions.1656. (1) Every partner owes the pa rtnership all that which he
has promised to contribute thereto.
(2) Where this contribution consists of a specific thing of
which the partnership has suffer ed eviction, the partner making
such contribution is accountable therefor in the same manner as  a
seller is to the buyer  in case of eviction.
CIVIL CODE  [CAP. 16.   
Liability of partner 
for interest on 
sums due or 
availed of by him.1657. (1) The partner who has agreed to contribute a sum of
money to the partnership and h as failed to do so, becomes ipso jure
a debtor in the interest on such sum as from the day on which s uch
sum was payable by him.
(2) The same rule shall apply in r egard to sums which a partner
has taken from the funds of the partnership for his own privateadvantage, the interest on such sums to run from the day on whi ch
he shall have so taken them.
(3) Nothing in this article shall affect the right of the
partnership to bring an action, where competent, for further
damages against such partner eve n though he has not been put in
default.
Presumption of 
private use of 
money of 
partnership.1658. A partner who has taken money from the partnership funds
is presumed, unless he is the manager of the partnership, to ha ve
taken it for his own private advantage, saving any proof to the
contrary.
Liability of 
partners 
contributing skill.1659. The partners who have agreed to contribute their skill to
the partnership are bound to rende r an account of all the profi ts
made by the exercise of such skill as forms the object of thepartnership.
Appropriation of 
payment made to 
managing partner 
who is also a separate creditor of 
the party paying.1660. Where a party who is charged with the management is
himself a separate creditor, in a sum fallen due, of a person w ho
also owes to the partnership a sum likewise, fallen due, any
payment received by such partner from the debtor shall beappropriated to the debt due to th e partnership and to the debt  due
to himself, in proportion to the two debts, even though in givi ng
receipt he had appropriated the p ayment entirely to his own pri vate
debt.
Where debt due to 
partner enjoys preference over 
that due to 
partnership.1661. (1) The provisions of the last  preceding article shall not
apply where the debt due to the partner is such that, according  to
the rules laid down in paragraphs ( c), (d), (e) and ( f) of article 1171
it enjoys preference over that due to the partnership and the
payment has been expressly appropriated to the debt due to thepartner.
(2) In all cases, however, if the partner declares in the receip t
that the payment will be appropriated entirely to the debt due to the
partnership, it shall not be lawful for him to demand that paym ent
be appropriated, wholly or in part, to the debt due to him.
Where partner 
receives share of common debt from 
debtor who 
becomes insolvent.1662. Where one of the partners has received a share of a
common debt, he shall, if the deb tor becomes insolvent, be boun d
to contribute to the common stoc k the share received by him eve n
though in receiving paym ent, he had expressl y given release for  his
share of the debt.
Liability of partner 
for damage caused 
to partnership.1663. Each partner is liable towar d s  t h e  p a r t n e r s h i p  f o r  a n y
damage caused to the same through his fault, and he may not set  off
against such damage the profits derived by the partnership from  the
exercise of his skill in other affairs.
  364     [CAP. 16.           CIVIL CODE
Where the 
enjoyment only of 
things has been 
brought into partnership.1664. (1) Where the things of which the enjoyment only has
been brought into the partnership are certain and specified obj ects
which are not consumed by use, they remain at the risk of the
partner who is the owner thereof.
(2) If such things are consumed by use, or are such as cannot be
preserved without deteriorating, or were intended to be sold, o r
were brought into the partnershi p upon a valuation, they remain  at
the risk of the partnership.
(3) Where the thing has been appraised, the partner may only
recover the amount  of the valuation.
Rights of partner 
against 
partnership.1665. A partner may maintain an action against the partnership,
not only for the recovery of sums which he has disbursed on
account of the partnership, together with interest, but also inrespect of any obligations which he has contracted in good fait h in
the affairs of the partnership  as well as in respect of risks
inseparable from his management.
Shares of partners 
in profits or losses.1666. (1) Where the contract of partnership does not fix the
share of each partner in the pr ofits or losses, such share shal l be in
proportion to each partner’s cont ribution to the assets of the
partnership.
(2) With regard to a partner who has only contributed his skill,
his share in the profits or losses shall be regulated in the sa me
manner as the share of the part ner who has contributed to the
partnership the least sum or portion.
Where partners 
have agreed to refer the 
determination of 
such shares to the decision of one of 
the partners
, etc. 1667. (1) Where the partners have agreed to refer the
determination of such shares to the decision of one of them or of a
third party, such decision may not be impeached unless it is
manifestly contrary to equity.
(2) It may not be impeached, even in such case, if more than
three months have elapsed from the day on which the partner who
deems himself aggrieved by such decision has had notice thereof  or
if he himself has commenced to gi ve execution to such decision.
(3) If the party to whose decisi on the partners have agreed to
refer is unwilling or unable to fix the shares or fails to fix such
shares within the time agreed upon by the parties or, in the ab sence
of an agreement, within the time of one month, the partnership is
null.
Nullity of certain 
agreements.1668. (1) Any agreement whereby on e of the partners is to
have the whole of th e profits is null.
(2) Any agreement whereby the cap itals or things brought into
the partnership by one or more of the partners are to be exemptfrom any contribution to losses is likewise null.
Rights , powers and 
obligations of 
managing partner similar to those of 
a mandatary.1669. Unless it has been otherwise agreed or unless it is
otherwise provided in this Code, the rights, powers and obligat ions
of any partner charged with the management of the partnership a re
governed by the provisions relating to the rights, powers and
obligations of a mandatary.
CIVIL CODE  [CAP. 16.   
Powers of 
managing partner.1670. (1) The partner having the management of the
partnership under a special covena nt in the contract of partner ship
may, notwithstanding the opposition of the other partners, perf orm
all such acts as appertain to the management with which he ischarged, provided he acts without fraud.
(2) Such power may not be revoked without sufficient cause
during the continuance of the partnership; but if such power ha s
been given by any instrument subsequent to the contract of
partnership it is revocable in the same manner as an ordinarymandate.
Where several 
partners are 
charged with 
management.1671. Where several partners are charged with the management
of the partnership, without th eir respective duties being speci fied,
or without it being stated that one of them cannot act without the
other, each of them may perform s eparately all acts appertainin g to
such management.
Joint management. 1672. Where it has been stipulated  that one of the managing
partners cannot do anything without the other, one of them alon e
cannot act without the other without a new agreement, even thou gh
the latter be in the actual impossibility of taking part in the  acts of
management, unless the matter is urgent and such that if the ac t is
omitted a serious and irreparable loss to the partnership might
ensue.
Rules as to 
management , in 
the absence of 
agreement.1673. In the absence of special stipulations as to the mode of
management, the following rules shall be observed:
(a) the partners are presumed  to have mutually given to
each other the power to manage, the one for the other;
and whatever is performed by each of them is valideven as regards the shares of the other partners,
although their consent shall not have been obtained;
(b) if the partners are not more than two, each of them
may oppose the transaction before it is concluded,saving the right of the other partner to demand the
dissolution of the partnership, together with damages,
where the opposition is vexatious, or contrary to theo b j e c t  o f  t h e  p a r t n e r s h i p ,  o r  o t h e r w i s e  s e r i o u s l y
prejudicial to the intere sts of the partnership; 
(c) if the partners are more than two, in case of
opposition, the opinion of the majority will prevail,regard being had to the number of all the partners, or,
where the decision takes place at a meeting fixed by
agreement, or at a meeting a t  w h i c h  a l l  t h e  p a r t n e r s
shall have been requested to attend, to the number of
the partners present at the meeting:
 Provided that where the decision of the majority is
vexatious, or contrary to the object of the partnership,or calculated to give execu tion to acts not naturally
included in the object of the partnership, or otherwise
seriously prejudicial to the i nterests of the partnership,
it shall be lawful for the dissenting partner to demand
the dissolution of the partnership, together with
  366     [CAP. 16.           CIVIL CODE
damages;
(d) each partner may make use of the things belonging to
the partnership, provided he uses them for the purpose
for which by custom they are intended, and does notuse them against the interests of the partnership, or in
such a manner as to prevent his partners from using
them according to their rights;
(e) each partner has the right to compel the other partners
to bear with him the expenses which are necessary for
the preservation of the property of the partnership;
(f) one of the partners cannot make any alterations in the
immovable property of the partnership, even though heclaims that such alterations are advantageous to the
partnership, unless the other partners consent thereto.
Non-managing 
partner may not 
alienate property.1674. A partner who is not a manager cannot alienate or
encumber the partnership property, even though such property be
movable.
Admission of other 
partners.1675. Each partner may, without the consent of his other
partners, associate with himself  a third party in his share in the
partnership; but he cannot, wit hout their consent, introduce su ch
third party into the partnership, even if he has the management
thereof.
Sub-title III
OF THE OBLIGATIONS OF PARTNERS TOWARDS THIRD PARTIES
Partners not liable 
jointly and severally for 
partnership debts.1676. The partners are not jointly and severally liable for the
partnership debts; and one of the partners cannot bind the othe rs,
unless they have given him power to that effect.
Liability of 
partners having 
unequal shares in 
partnership.1677. The partners are liable to the creditors with whom they
have contracted, each one for an equal sum and share, even if t he
share of one of them in the partnership is smaller, unless the
contract has expressly limited the liability of the latter inproportion to his share.
Where obligation 
is contracted on account of the 
partnership.1678. (1) A stipulation to the effect that an obligation is
contracted on account of the partnership, binds only the contra cting
partner and not the others, unless the latter have given him
authority to do so or unless the matter has benefited the
partnership.
(2) A  partner contracting in his own name does not bind his
other partners, even though th e matter has benefited the
partnership, saving any action competent to the persons contrac ting
with him, under the provisions of article 1143.
Sub-title IV
CIVIL CODE  [CAP. 16.   
OF THE  DISSOLUTION OF PARTNERSHIP
How partnership 
terminates.1679. A partnership terminates - 
(a) by the expiration of the ti me for which it was entered
into;
(b) by the extinction of the partnership property, or by the
completion of the undertaking for which it was entered
into;
(c) by the death of any partner;
(d) by the inhibition, whether general or special, of any
one of the partners from entering into contracts, or byhis insolvency or bankruptcy;
(e) by the declaration of any on e of the partners that he
does not wish to continue the partnership.
Loss of thing 
promised.1680. (1) Where one of the partners has promised to bring into
the partnership the ownership of a thing and such thing perishe s
before the partnership has acqui red the ownership thereof, the
partnership is dissolved with r espect to all the partners.
(2) The partnership, however, is not dissolved, if the loss of t he
thing happens after the partnership has acquired the ownership
thereof.
Loss of thing the 
enjoyment whereof 
has been promised.1681. Where one of the partners ha s promised to bring into the
partnership the enjoyment of a thing, the loss of the thing pro duces
the dissolution of the partnership, even though the loss happen s
after the partnership has co mmenced to enj oy the thing.
Agreement to 
continue partnership in case 
of death of any one 
of the partners.1682. (1) It may be stipulated that in case of the death of one
of the partners, the partnership shall continue with his heir, or only
between the surviving partners.
(2) In the latter case,  the heir of the deceased is only entitle d to
a partition of the partnership property having regard to the st ate of
the partnership at the time of t he partner’s death, and he shal l not
be entitled to participate in a ny subsequent right, except in s o far as
such right is the necessary con sequence of transactions made
before the death of the partn er from whom he inherits.
Dissolution by 
renunciation.1683. The dissolution of a partnership at the will of one of the
partners may only take place if the partnership is entered into  for an
undefined time, and it is effected by a renunciation, notice wh ereof
is given to all the other partners, provided such renunciation is
made in good faith and not at an inopportune moment.
When renunciation 
is not in good 
faith, etc.1684. (1) A  renunciation is not in good faith, when the partner
renounces for the purpose of appropriating to himself alone the
profits which the partners expected to earn jointly.
(2) It is made at an inopportune moment, when things are no
longer in their entirety, and the interest of the partnership r equires
that its dissolution be postponed.
  368     [CAP. 16.           CIVIL CODE
Agreement 
precluding 
dissolution of 
partnership entered into for an 
undefined time, is 
void.1685. Any agreement whereby any one of the partners is
deprived of the power to demand the dissolution of a partnershi p
entered into for an undefined time, is void.
Validity of 
agreement to prevent 
dissolution.1686. Nevertheless, an agreement is valid whereby the partners
reserve to themselves the power to oppose the dissolutiondemanded by any of them, by releasing him from all his
engagements towards the partnership or towards third parties, a nd
paying to him a fixed sum, or the amount of his shares, if thepartnership is divided into shares.
Dissolution of 
partnership entered 
into for a limited 
time.1687. The dissolution of a partnership entered into for a fixed
time cannot be demanded before the expiration of such time, unl ess
there be a just cause, such as when one of the partners fails t o fulfil
his engagements, or a habitual infirmity unfits him for the bus iness
of the partnership, or other similar causes the justness and
importance of which a re left to the discr etion of the court.
Rules for partition. 1688. The rules respecting partitions of common property are
also applicable to partitions bet ween partners, and to the effe cts
thereof.
Title  XI
OF THE CONSTITUTION OF ANNUITIES
Constitution of 
annuity.1689. An annuity, or a yearly payment in money or in goods,
may be stipulated by the assignme nt of a movable or an immovabl e
thing or by the payment of a sum of money of which the payer
binds himself not to claim the return.
Instrument creating 
annuity.1690. A contract creating an annuity is null if it is not made in
writing, or, where an immovable thing is assigned, if it is not  made
by a public deed.
Effects of 
assignment of an 
immovable.1691. The assignment of an immovable thing as provided in
article 1689 conveys to the assignee the ownership of the thing
assigned notwithstanding any stipulation to the contrary, even that
whereby the ownership is reserved, saving always the provisions  of
article 996.
Kinds of annuities. 1692. An annuity may be pe rpetual or for life.
Laws relating to 
rents ad formam 
bullae.1693. The laws relating to the so called rents ad formam bullae
are repealed, except in regard to  those constituted previously to the
14th August, 1862.
Sub-title 1
OF PERPETUAL ANNUITIES
CIVIL CODE  [CAP. 16.   
Definition of land 
annuity and simple 
annuity. 1694. (1) A perpetual annuity constituted as the consideration
of an alienation or as a burden on an assignment of an immovabl e,
whether under an onerous or a gratuitous title, is called a lan d
annuity.
(2) An annuity constituted by the payment of a sum of money
or other movable thing, is called a simple annuity.
Rate of annuity. 1695. An annuity constituted by the payment of a sum of money
cannot exceed four per cent per annum on the sum paid.
Redemption of 
perpetual annuity. 
Amended by:I.1870.3;
XIII.2007
.8.1696.  (1) A perpetual annuity is of  its essence redeemable at
any time, at the will of the debtor, notwithstanding any agreem ent
to the contrary, saving the proviso to article 1701.
(2) It shall, however, be lawful for the creditor to stipulate t hat
the annuity shall not be redeemed during his life, or before th e
lapse of a definite time which cannot exceed twenty years, in t he
case of land annuities, or ten years, in the case of simple ann uities,
to be reckoned from the date of the constitution of the annuity .
(3) If a longer period of time is agreed upon, it shall be reduc ed
to the one or the other of the s aid times, as the case may be. 
(4) When the creditor is a foundation or a trustee, it shall
however be lawful for the parties  to the contract to establish the
terms for redemption of any annuity governed by Title XI of Boo k
Second of this Code, including th e fixing of the r ate of redemp tion,
the period before which it may not be redeemed, at whose option  it
may be redeemed and similar matters and may even prohibit such
redemption by express terms.
Redemption of 
simple annuity 
created in consideration of a 
sum of money, etc.1697. (1) The redemption of a simple annuity constituted in
consideration of the payment of a sum of money is effected by t he
reimbursement of an equal sum.
(2) If the annuity was constituted in consideration of other
movable things the value of whic h was stated in the contract, t he
redemption is effected by the reimbursement of a sum equal to s uch
value.
Redemption of 
land annuity , etc. 
Amended by:
I.1870.4 , 5;
XIII.2007 .9.1698. (1) The redemption is effected by the reimbursement of
the sum resulting on capitalizing the annuity at t he rate of th ree per
cent, in case of a land annuity, or, at the rate of four per ce nt, in
each of the following cases:
(a) in the case of a simple annuity constituted in
consideration of movable things the value of which hasnot been stated in the contract;
(b) if the annuity has been created by a will, donation or
other instrument which does not clearly show what
was given for the constitution of the annuity.
(2) Nevertheless, if the annuit y has been constituted for the
purpose of creating an ecclesiastical benefice or a sacred
patrimony, or of being employed for pious uses, or for the reli ef of
the poor, or in reward for virtue or merit, or for any other pu rpose
of public utility, the redempti on is, in every case, effected b y the
  370     [CAP. 16.           CIVIL CODE
reimbursement of the sum resulting on capitalizing the annuity at
the rate of two per cent.
Furthermore, but subject to any contrary agreement
pursuant to the provisions of article 1696(4), the same rule sh all
apply if the annuity has been con stituted for the benefit of a social
purpose foundation or o f a charitable trust.
When debtor may 
be compelled to redeem annuity.1699. Saving the cases expressly stated in the contract, the
debtor of a perpetual annuity ma y be compelled to redeem it - 
(a) if he fails to give to the creditor the security promised
in the contract;
(b) if, in the event of failure o f the security given, he does
not give fresh security equally sufficient;
(c) if he fails for three years to pay the annuity, or if,
notwithstanding that he made part-payments in each
year, he remains a debtor in a sum equal in amount to
three yearly payments;
(d) if he has become bankrupt or insolvent, or his
condition has been so altered that the continuance ofthe payment of the annuity is endangered.
Court may grant 
time.1700. (1) In the cases mentioned in paragraphs  (a), (b) and ( c)
of the last preceding article, the court may grant to the debto r a
reasonable time within which to give the security promised, or to
substitute other security for that which has failed, or to pay the
annuity fallen due, and thus release himself from the obligatio n of
redeeming the annuity.
(2) Such time cannot exceed the period of two months which
may, for just cause, be extended to a further period of two mon ths
only.
(3) The provisions of article 1520 shall also, in the cases
provided for in this article, apply to any other creditor of th e
debtor, and to any other party interested.
Applicability of 
ss.1696 to 1700. Amended by: 
I.1870.6.1701. (1) The provisions of articles 1696 to 1700 shall also
apply to any other yearly payment in perpetuity constituted und er
any title, even if by a will or donation, saving the provisions
relating to emphyteusis.
(2) They shall also apply to annuities or other yearly payments
constituted before the 11th February, 1870:
 Provided that the redemption of an annuity or other yearly
payment lawfully constituted, whether before or after the 11th
February, 1870, for the purpose of creating an ecclesiastical
benefice or a sacred patrimony, or of being employed for pious
uses, cannot be effected without the consent of the competent
ecclesiastical authority.
Sub-title II
CIVIL CODE  [CAP. 16.   
OF LIFE ANNUITIES
Constitution of life 
annuity.1702. A life annuity may be constituted either for the life of the
person who furnishes the money or other thing, or for the life of the
debtor or of a third party having no right to the annuity.
Annuity may be 
constituted for life 
of one or more 
persons ,1703. It may be constituted for the life of one or more persons.
or in favour of a 
third party.1704. It may also be constituted in favour of a third party,
although the price of it has been paid by another person.
Annuity for life of 
person dead at the 
time of contract , is 
inoperative.1705. A contract for an annuity for the life of a person who was
dead at the time of the contract, is inoperative.
Rate of interest. 1706. A life annuity may be constituted at any rate of interest the
parties choose to fix.
When grantee may 
demand dissolution 
of contract. 1707. The person in whose favour a life annuity has been
constituted for a price, may demand the dissolution of the cont ract
if the grantor does not furnish to him the security stipulated for its
execution.
Rights of grantee. 1708. The mere default of payment o f the annual sums fallen due
does not entitle the grantee of the life annuity to demand therepayment of the capital, or to recover the thing alienated: he  is
only entitled to demand payment of the arrears, and a security for
future payments.
Grantor may not 
demand dissolution 
of contract.1709.  The grantor cannot release himself from the payment of
the annuity by offering to reimburse the capital and by waiving  all
claims to the repayment of the annual sums paid by him: he isbound to pay the annuity during the whole life of the person or
persons for whose life the annuity has been constituted, whatev er
may be the duration of the life of such person or persons, and
however burdensome the payment of the annuity may have become.
How annuity is 
payable.1710. (1) A life annuity is due to the payee in proportion to the
number of days the person for whose life the annuity was
constituted, has lived.
(2) Nevertheless, if it has been s tipulated that the annuity is to
be paid in advance, the whole instalment already paid in advanc e or
which should have been so paid i s acquired from the day on whic h
the payment became due.
When not subject 
to attachment.1711. (1) It cannot be stipulated that a life annuity shall not be
subject to attachment in pursuan ce of a garnishee order, unless  it is
created under a gratuitous t itle, whether by an act inter vivos or by
a will.
(2) Where the annuity is so created under a gratuitous title, it
may be stipulated that it cannot be alienated or sold.
  372     [CAP. 16.           CIVIL CODE
Payee to prove 
existence of person 
for whose life 
annuity is constituted.1712. The payee of a life annuity cannot claim the annual sums,
unless he proves the existence of the person for whose life it has
been constituted.
Added by:
XI.2005 .3.Title  XI A
OF LIFE INSURANCE CONTRACTS*
Sub-title 1 - Contractual issues
Object of a life insurance contract.
Added by:
XI.2005
.3.1712A. (1) A contract of life insurance may be stipulated over the
life of the policyholder or that of a third party in relation t o which
the policyholder has an insurabl e interest, which is lawful, at  the
commencement of the contract.
Insurable interest. (2) For the purposes of this article:
(a) a person has an insurable interest in his own life and in
the life of his spouse;
(b) a parent of a person who has not attained the age of
eighteen years, and a guardian of such person has an
insurable interest in th e life of that person;
(c) a person who is likely to suffer financial loss as a
result of the death of some other person has an
insurable interest in the life of that other person;
(d) a body corporate has an insur able interest in the life of
an officer, shareholder or employee of the body
corporate and a partnership has an insurable interest in
the life of a partner or em ployee of the partnership;
(e) an employer has an insurable interest in the life of his
employee and an employee has an insurable interest in
the life of his employer;
(f) a person has an insurable interest in the life of a person
on whom he depends, either wholly or partly, formaintenance and support;
(g) for the purposes of this title, the term "life insurance"
shall include any contract  of insurance in terms of
which any benefit is payable on death.
(3) Subject to the interest being lawful, the agreement by an
insurer to enter into a contract  of life insurance over the lif e of a
person other than the policyholder shall be sufficient evidence  of
the fact that the assured has an  insurable interest in the life  of the
life assured.
(4) Except in the case referred to in sub-article (2)( c), where a
person has an insurable  interest in the lif e of another person it shall
*The provisions of this Title shall have effect in relation to contracts of insurance
entered into after the coming in to force of this Title (15th Au gust, 2005) and to
relevant subsequent legal transactions done under or in relatio n to contracts of
insurance existing on such date. Nothing in the said Title shal l affect the validity of
any contract of insurance entered into prior to such date or an ything done thereunder
or in relation thereto until such date.
CIVIL CODE  [CAP. 16.   
not be necessary for the policyholder to prove that he has suff ered
any loss or that the loss suffere d bears any relationship to th e sum
insured.
Consent of third 
party whose life is 
insured.Added by:
XI.2005
.3.
Amended by:L.N. 407 of 2007
.1712B. (1) Where the contract of insurance refers to the life of a
third party, the consent in writing of such third party, or in case of
persons who lack legal capacity o f their lawful r epresentative,  to
the entering into of the contract and to the sum assured, shall  be
required on pain of nullity of the contract.
(2) In the absence of consent as above provided the nullity of
the contract may only be raised by the policyholder or the pers on
whose life is assured and in such event all premia paid to theinsurer shall be returned to  the person who paid them.
(3) Consent given by a third party whose life is insured shall b e
irrevocable unless expressly stated otherwise in writing in the
policy.
(4) Where consent is revocable as established in sub-article (3)
and it is withdrawn by notice in writing to the policyholder an d the
insurer, and barring other arrangements between the parties to the
contract, the contract of insurance shall terminate.
Consent of persons 
without legal 
capacity.(5) In case of persons who lack legal capacity, where the lawful
representative is himself the proposed policyholder, the prior
consent of the Civil Court in its voluntary jurisdiction shall be
required:
Provided that where the lawf ul representatives are the
parents of a child or any one of them, the consent of any one o f the
parents shall be sufficient:
Provided further tha t where the life assured is that of a
minor it shall not be lawful for the life cover under the polic y to
exceed forty-six thousan d and five hundred and eighty-seven eur o
and forty-seven cents (46,587.47) or such other amount as theMinister responsible for justice may prescribe from time to tim e by
means of a notice in the Gazette.
Consent presumed 
in group policies 
under schemes.(6) Such consent shall be presume d where the third party forms
part of a defined class of persons whose lives are insured in
accordance with terms and conditi ons of an insurance arrangemen t
covered by a group policy to which such third party has agreed or
subscribed, including any arrange ment forming part of a person’ s
conditions of employment.
Third party to 
consent to pledges 
and assignment of policy.(7) Notwithstanding the provisions of this Code relating to
assignment and pledge of rights -
(i) the assignment or pledge of a contract of life
insurance, and
(ii) any designation or substitution in the beneficiary
designated in such contract, or the assignment of suchbenefit,
shall not be valid without the consent in writing of the third party
whose life is insured, saving th e provisions of any special law s in
terms of which such consent may not be necessary for such
  374     [CAP. 16.           CIVIL CODE
transactions.
Contract of 
insurance in favour of third party 
beneficiaries.
Added by:XI.2005
.3.1712C. (1) The policyholder may elect that the proceeds or any
benefit arising from a contract of life insurance, whether paya ble
on a definite maturity date or o n the death of the life insured ,
including any surrender value, be payable to one or more named
beneficiaries:
Provided that in case of a spouse or children of the
policyholder the designation of such persons by reference to th e
class of persons shall be sufficient and in such case, unless
otherwise stated in the policy, they shall enjoy rights to the
proceeds in equal shares and shall benefit from such designatio n
even if they d o not accept the inheritance:
Provided further that it shall also be lawful to designate a
class of beneficiaries in case of  insurance contra cts in favour  of
persons who participate in a group policy as is referred to in article
1712B(6).
Designation of 
beneficiaries.(2) ( a) The designation of a beneficiary or a class of
beneficiaries shall be made either in the originalcontract of life insurance or policy or in any
subsequent amendment of the policy and such
designation may refer to t he full proceeds or part
thereof, and may be subject to conditions, suspensive
or resolutive.
(b) When the purpose of the designation expressly to be
for the provision of maintenance of the beneficiary or
as a pension, the said designation may be subject torestriction on alienation or any other legal transaction,
subject to diminution or termination in the event that
the beneficiary becomes bankrupt or insolvent or anyof his property becoming liable to seizure for the
benefit of his creditors and shall not be liable to
attachment under a garnishee order issued against theinsurer:
Provided that the said immunity from garnishee
shall only apply to sums reasonably required for
maintenance of the beneficiary or for a pension beingnot more than twice the high est State pension in Malta.
Revocability of 
designation.(3) Subject to the provisions of article 1712D(4), the
policyholder may revoke or vary t he terms of any designation of  a
beneficiary.
Revocation by will 
or by heirs of 
policyholder not permitted.(4) The revocation or modification by a policyholder of a
designation of a beneficiary may n ot be made by means of a will .
The heirs of the policyholder may not revoke the designation of  a
beneficiary after the death of the policyholder.
Legal effects of 
designation.
Added by:
XI.2005 .3.1712D. (1) Subject to the right of revocation by the policyholder
as provided in article 1712C(3 ) and the provisions of sub-artic le (7)
of this article relating to group policies, when made payable t o one
or more designated beneficiaries , the proceeds and any benefit
arising from a contract of insur ance, including any surrender v alue,
are due to the beneficiary and form part of his estate, whether  or
CIVIL CODE  [CAP. 16.   
not such beneficiary is aware of such designation.
(2) The beneficiary shall not enjoy any rights other than as
stated in sub-article (1) in relation to the policy and the ins urer
shall not disclose any information about the policy without the
prior written consent of the policyholder, until such time as t he
policyholder dies in which case the insurer, upon becoming awar e
of such fact, shall inform the b eneficiary of his entitlement:
Provided that the insurer shal l inform a beneficiary who has
accepted the designation, of the reasons which may produce the
lapse of the policy, and this within a reasonable time prior to  such
lapse taking effect.
Irrevocability of 
designation.(3) After acceptance by a beneficiary -
(a) the revocation of the designation of a beneficiary, or
(b) the modification of the sum for which the policy has
been taken out, or
(c) the pledge or assignment of the policy, may only be
made with the prior written consent of the beneficiary:
Provided that the above shall not apply to a group policy
which shall be governed by the terms of any applicable scheme,
and:
Provided further that a pledge or assignment made without
such consent shall be valid but shall be subject to the prior r ights of
the designated beneficiary.
Acceptance and 
notice of 
designation.(4) Acceptance by a beneficiary o f a designation in terms of
this provision shall be dated, signed by the beneficiary and
countersigned by a witness and shall be notified to the insurer . For
the purposes of this article -
(a) "written" shall not incl ude electronic means, and
(b) a written demand claimin g the proceeds under the
policy to the insurer by the designated beneficiary
shall be treated as acceptance in writing.
Any such acceptance shall be noted by an endorsement to
the policy.
Notice of a designation of a b eneficiary may be given even
after the death of the policy holder or the life insured provid ed that
any such notice is given within seven working days of such deat h
after which period the designation shall lapse and shall not ha ve
any legal effects.
(5) Subject to the express terms of the designation, all
references to the beneficiary in  these articles shall be constr ued as
including the heirs, legatees, pl edgees or assignees, as the ca se may
be, of the designated beneficiary.
(6) All transactions referred to i n these articles shall have le gal
effects only when the insurer receives notice thereof or otherw ise
acknowledges a written notice and in cases where more than onesuch act is notified, any such acts shall take effect subject t o any
previously notified or acknowledged acts.
  376     [CAP. 16.           CIVIL CODE
Special rules for 
group policies.(7) The following rules shall apply in the case of group
policies referred to in article 1712B(6):
(a) the entitlement of such beneficiary shall be in
accordance with the terms of  such scheme and it shall
be lawful to provide for any conditions including the
termination of benefit  on the termination of
employment;
(b) subject to the terms of the scheme not providing
otherwise, the participant in a scheme shall not be
entitled to assign or pledge his rights nor shall he beentitled to the surrender value of the policy on
termination of benefit a nd the arrangement shall
provide rules on the transfer ability of the benefits as
required by applicable law.
Reserved portion.
Added by:
XI.2005 .3.1712E. (1) The sums payable under a contract of life insurance to
a designated beneficiary shall not be subject to the rules of
reduction for breach of the reserved portion of the estate. Nei ther
shall such rules apply to the su ms paid by the policyholder by way
of premium or additional contributions to the policy where such
sums are moderate, regard be ing had to the estate of the
policyholder. Where the sum is not moderate, the right to reduc tion
for breach of the reserved portio n of the estate shall only be
exercisable against the benefici ary of the proceeds of the poli cy
and no rights shall lie against the insurer.
Collation between 
co-heirs.(2) Unless the policyholder  exempts the proceeds of an
insurance policy payable to a designated beneficiary who is a c o-
heir from collation in terms of this Code, the sums payable sha ll be
regulated by the ap plicable provisions of this Code.
Consolidation of 
interests in policy 
in favour of co-
insured.Added by:
XI.2005
.3.1712F. (a)Where a policy of life insurance is entered into by two
or more policyholders, it shall be lawful to agree that
on the death of one policyholder, the contract of
insurance will continue in relation to the survivingpolicyholder and in such c ase all the rights and
obligations under such contract of insurance at the time
of death of the deceased policyholder shall accrue to
the surviving policyholder and shall not form part of
the estate of the deceased policyholder.
(b) Where a joint policy is state d to terminate  on the death
of the first life, it shall be lawful to grant the surviving
policyholder an option to choose to receive theproceeds of the policy or to continue the policy until
the said policyholder’s death.
Waiver of interest 
and loss of benefit 
by beneficiary.
Added by:
XI.2005 .3.1712G. (1) Upon the waiver by a beneficiary of a benefit under a
contract of insurance, such beneficiary’s interest shall vest i n the
policyholder if there are no othe r designated beneficiaries. In  the
event that there are other desig nated beneficiaries such intere st
shall vest in the other beneficiaries pro rata to their interest. This
provision shall not apply to a g roup policy which shall be gove rned
by the express terms of the sch eme under which it is issued.
CIVIL CODE  [CAP. 16.   
(2) The contract of life insurance shall cease to have effect wi th
regard to the policyholder or a designated beneficiary who has been
sentenced by a court for the grievious bodily harm or wilfulhomicide of the policyholder or t he life insured as the case ma y be.
Furthermore, if the designated beneficiary has made an attempt on
the life of the policyholder or the life insured, and in the ca ses
referred to in article 1787, subj ect always to the provisions o f
article 1791, the poli cyholder shall be entitled to revoke the
designation without the consent of the beneficiary or his succe ssors
in title, even if the beneficiary has accepted in terms of arti cle
1712D.
Non-applicability 
of the laws of 
succession.
Added by:XI.2005
.3.1712H.  Where a designation of a beneficiary has been made in
accordance with the preceding ar ticles, the provisions of Title  III of
Part II of Book Second of this Code relating to successions sha ll
not apply to the policy or any ri ghts or proceeds thereunder ex cept
as expressly stated in article 1712E.
Applicable law.
Added by:
XI.2005 .3.1712I. (1) Subject to sub-article (3),  the validity and effects of a
contract of life insurance, the obligations of the insurer, the  rights
of the policyholder, the person whose life is assured, any
beneficiaries and those of third parties, shall be governed by the
proper law expressly ch osen by the parties.
(2) In the absence of an expres s choice, the law applicable in
accordance with generally app licable principles of private
international law and, in case of doubt, the contract, shall be
governed by the law of the country where the insurer carries on  its
business, and if it carries on its business in two or more coun tries,
by the law of the country in whi ch its head office is situated.
Mandatory rules. (3) Notwithstanding the choice of a foreign proper law and the
express terms of the policy in such case:
(i) when the person whose life is assured is habitually
resident in Malta on the date of the policy, article
1712B shall apply; and
(ii) where the policy holder  is domiciled in Malta the
provisions of article 1712E shall apply.
Sub-title 2 - Issues relating to Married Persons
Contracts of life 
insurance taken out 
before marriage.Added by:
XI.2005
.3.1712J. (1) A contract of life insurance taken out by a person who
subsequently contracts marriag e shall not form part of the
community of acquests subject, however, to the right of the oth er
party to the marriage to be cred ited with a sum equal to half o f the
premia paid by such person during the marriage when such premia
have been paid from community property:
Provided that that person may decide that such policy shall
become part of the community o f acquests in which case the
subsequent articles shall prevail.
(2) Payments of premia during marriage shall be deemed to
have been made from community property unless there is evidence
to the contrary.
(3) In such cases the policyholder shall be entitled to carry ou t
  378     [CAP. 16.           CIVIL CODE
all acts in relation to such policy and to receive any proceeds
thereof, whether on maturity or earlier surrender, without the
consent of the other spouse, and  the life policy and all procee ds
thereof shall be paraphernal property.
Contracts of life 
insurance taken out by married 
persons.
Added by:XI.2005
.3.1712K. (1) Married persons may ent er into contracts of life
insurance in their o wn name or jointly.
Contract taken out 
jointly.(2) When taken out jointly, the life policy may only be
surrendered, pledged, assigned or modified, including by thedesignation of a beneficiary thereunder, jointly by both spouse s
unless the policy is expressly undertaken -
(a) under a condition that either spouse may act without
the consent of the other i n all or some matters; or
(b) under the condition stated in article 1712F, and then
only after the demise of a spouse,
in which cases either spou se can act in all matters.
Contract taken out 
by one spouse.(3) When any contract of life insurance is entered into in the
sole name of a person who is married and whose matrimonial
property is subject to the regime of community of acquests andnotwithstanding any other provisions of law:
(a) the life policy may be surrendered, pledged, assigned
or modified, including by the designation of a
beneficiary thereunder, by such person alone and in
such case, when effected -
(i) for purposes unrelated to the patrimonial
interests of the spouses, or
(ii) without the written consent of the other spouse,
there shall arise a credit in favour of the other
spouse equivalent to half the value of all premia
paid by the policyholder; and
(b) the proceeds of the policy shall be deemed to be
paraphernal property of that spouse subject to a credit
in favour of the other spouse  of a sum equa l to half the
value of all the premia paid by the policyholder.
Cap. 586.
Cap. 377.(4) Notwithstanding the provisions of the Data Protection Act ,
the Professional Secrecy Act or any express clause in the contract,
when a contract of life insurance is entered into by a marriedperson jointly, both spouses shall be entitled to full informat ion
relating to all matters regardin g the said contract. When enter ed
into by one spouse, only such person and others expresslyauthorised in writing, shall be entitled to information about t he
policy.
(5) The credit referred to in sub-article (3)( a) and ( b) shall
enjoy a special privilege over the proceeds of the policy in th e
hands of the insurer in the event that the share of the communi ty
property accruing to the policyho lder at time of the dissolutio n of
the community is not sufficient to pay the value of the credit to the
CIVIL CODE  [CAP. 16.   
other spouse.
Sub-title 3 - Issues relating to parental authority
Contracts taken out 
for the benefit of a 
child’s estate.Added by:
XI.2005
.3.1712L. (1) It shall be lawful for parents of a child to enter into a
contract of life insurance, for the child as policyholder, in t he
administration of the child’s property.
(2) Any such contract may be ente red into by either parent and
the name of the child as policyholder shall be recorded in thepolicy.
(3) Payments of any proceeds un der the policy, at maturity,
during the term by way of withdrawals or on earlier surrender, may
only be made to the parents joi ntly or to a bank account design ated
as property of the child. The provisions of article 136 shall a pply to
any relevant acts in relation to the life insurance policy.
(4) It shall not be lawful for the parents to designate a third
party as a beneficiary of a contract of life insurance entered into for
a child as policyholder.
(5) On reaching maturity the child shall be entitled to exercise
all rights in relation to the policy without the need to any fo rmality
other than giving notice to the insurer and providing him with
evidence of his i dentity and age.
Sub-Title 4 - Pledge of Insurance Policies
Pledge of life 
insurance policy.
Added by:XI.2005
.3.1712M. (1)Rights under an insurance policy may be pledged by
the policyholder in favour of any person as security for any
obligation. The pledge of a policy shall be constituted by mean s of
an instrument in writing entered into between the pledgor and t he
pledgee.
(2) The said pledge shall be binding on the insurer and third
parties and the privilege as pro vided in Title XXIII shall aris e only
after notice of the pledge shall have been given in writing by the
pledgor or the pledgee to the insurer or the insurer shall have
acknowledged the pledge in writing.
( 3 ) D u r i n g  t h e  e x i s t e n c e  o f  a  p l e d g e ,  a n y  a s s i g n m e n t  o f  t h e
policy shall be subject to the pledge in favour of the pledgee.  The
rights of a pledgee are however subject to the rights of a desi gnated
beneficiary who has accepted the designation prior to the pledg e.
When a pledge is granted, the insurer shall be bound to inform the
pledgee of any prior rights notwithstanding any duty ofconfidentiality.
(4) Subject to any prior rights, the pledgee of an insurance
policy shall enjoy all the rights of the policyholder to receiv e
notices under the policy, to receive any proceeds of the policy ,
when due, on maturity or earlier  surrender and the right to exe rcise
all options of the pledgor under the policy, except the designa tion
of a beneficiary, but shall not be liable for the performance o f any
obligations of the policyholder towards the insurer unless othe rwise
expressly agr eed in writing.
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(5) Without prejudice to the right of the pledgee to apply for
the judicial sale of the policy and notwithstanding the provisi ons of
this Code, in the event of a default under the agreement betwee n
the pledgor and the pledgee and upon giving notice by judicial act
to the pledgor and the insurer, the pledgee shall be entitled t o:
(i) dispose of the policy to a third party; or
(ii) appropriate and acquire  the policy himself, in
settlement of the debt due to him or of part thereof, or
at the best achievable price being not less than the fairvalue.
(6) For the purpose of the preced ing sub-article, the value of
the policy may be established by agreement between the pledgor
and the pledgee after notice of default has been given by the
pledgor to the pledgee and no p rior agreement shall be valid:
Provided that, in case of disagr eement, the fair value for the
sale or appropriation of the policy shall be determined -
(a) by a certified public accountant appointed by the Court
or an arbitrator, if so agreed by the parties, on theapplication of t he pledgee; or
(b) in such other manner as  may be expressly agreed
between the parties:
Provided that if the fair value cannot be obtained the
pledgee can apply to the Court or the arbitrator for approval f or a
sale or appropriation at a price which is less than the fair va lue as
aforesaid, subject to such cond itions as the Court or arbitrato r may
determine.
(7) In cases where there is a surrender value of the policy, the
pledgee may also give notice to the pledgor and insurer request ing
the surrender of the policy and the payment of the surrender va lue
to the pledgee. The surrender value shall be that established b y the
insurer in accordance with the terms of the policy and notified  to
the parties.
(8) For the purposes of sub-articles (7) and (8), the value of t he
policy shall be that obtaining o n the date of the proposed sale ,
appropriation or surrender.
(9) Any proceeds of the policy which exceed the debt due to
the pledgee shall be returned to the pledgor.
(10) It shall be lawful for a policyholder to enter into more th an
one pledge agreement in relation to the same policy and the rul es
stated in this article shall apply to a second and further poli cy in the
same way as they apply to the first policy but a subsequent ple dge
shall rank subject to previous pledges and other prior rights. In
such case, a subsequent pledge shall be conditional on the exis tence
of the prior pledge and no rights shall be exercisable by the
subsequent pledgee until such time as the prior pledgee’s right s
have been satisfied a nd, or terminated.
CIVIL CODE  [CAP. 16.   
Title  XII
OF GAMING AND BETTING
No action lies for 
the recovery of 
gaming debts.1713. (1) The law grants no action for a gaming debt, or for
the payment of a bet.
(2) Nor does it grant any action -
(a) for the recovery of any sum lent by any person who
knew that such sum was intended for gaming;
(b) for the recovery of any sum lent by any person
interested in the game, for the payment of money lost
at such game.
Exceptions. 1714. (1) Games which tend to help training in the use of
arms, foot-races, horse-races, bo at-races, ball-games and other
games of the same kind which develop the dexterity and exercise  of
the body, are excepted from the provisions of the last precedin g
article.
(2) Nevertheless, the court may r educe the sum claimed when it
appears to it to be excessive.
Agreement to 
defeat foregoing 
provisions is void.1715. Any agreement made for the purpose of defeating the
provisions of the last two p receding articles, is void.
Recovery of 
money lost at 
gaming.1716. The loser at a game, not included in those mentioned in
article 1714 may recover from the winner the sum or thing which
he has already paid to him, provided he shall, by means of a
judicial act, within two months to be reckoned from the day ofpayment, call upon the winner to return the sum or thing so pai d.
Recovery of 
money paid for 
lottery.1717. Any person who has made any payment in Malta in
connection with a lottery set up in Malta or in other countries , may
recover the sum paid by him from the person to whom the payment
was made, although the latter was only an agent of some otherperson; unless the lottery was authorised or permitted by the
competent aut hority in Malta.
Certain contracts 
not to be deemed 
as gaming and 
betting.Added by:
XXII.2000
.101.
Amended by:XI.2005
.4.1717A. No debt or other obligation arising under any contract of
differences, interest cap agreement, swap, foreign currency
exchange or other similar agreement the purpose or intended
purpose of which is to secure a profit or avoid a loss (by refe rence
to fluctuations in the value or price of property of any descri ption
or in an index or other factor designated for such purpose in t he
contract) nor any contract of insurance shall be void orunenforceable by reason of the pr ovisions of this Title or of a ny
other law related to gaming or betting.
Title  XIII
OF COMPROMISE
  382     [CAP. 16.           CIVIL CODE
Definition of 
contract of 
compromise.1718. A compromise is a contract w hereby the parties, by means
of a thing given, promised or retained, put an end to a lawsuit
which has commenced or prevent a lawsuit which is about to
commence.
When compromise 
is to be made by public deed.1719. (1) Where the subject-matter of the lawsuit to which the
parties wish to put an end or which they wish to prevent isimmovable property, the compro mise is null, if not made by a
public deed.
(2) The same rule shall apply where, in order to compromise,
an immovable thing is  given or promised.
Persons who can 
make compromise.1720. No person may make a compromise unless he is a person
capable of alienating the things  included in the compromise.
Compromise 
between spouses.1721. A compromise between the spou ses without the authority
of the competent court, is null, except in the cases where, acc ording
to the provisions of article 1366,  a contract of sale may be va lidly
made between them.
Compromise 
affecting property 
subject to entail , 
etc.1722. Any compromise regarding property subject to entail, or
regarding future maintenance, whether bequeathed by a will or
acquired by donation or other contract, or ordered by the court , or
due by law, is also null, if made without the authority of the
competent court.
Authority of court. 1723. (1) Where for the validity of a compromise the authority
of the court is requisite, such authority shall, if the lawsuit , or the
hearing of the lawsuit has not yet commenced, be granted, if
expedient, by the court of voluntary jurisdiction.
(2) If the hearing of the lawsuit  has commenced, the authority
may be granted either by the said court, or by the court beforewhich the lawsuit is pending.
Effect of penalty 
clause.1724. (1) A penalty clause sti pulated in a contract of
compromise against the party who fails to fulfil the compromise ,
shall be in lieu of compensation for any damage caused by delay ,
without prejudice to the obligation to fulfil the compromise, s aving
the provisions of arti cle 1119 in case the contract is annulled .
(2) If the contract of compro mise is impeached on the ground
of nullity, the payment of the penalty is suspended, pending th e
suit.
(3) The provisions of this article shall apply to arbitration
agreements which conta in a penalty clause.
Effects of 
compromise.1725. A compromise shall not extend beyond the subject-matter
thereof: a renunciation in a contract of compromise of all righ ts,
actions, and claims, applies only  to what relates to the contro versy
which has given rise to such compromise.
Compromise 
settles only differences which 
the parties had in 
view.1726. A compromise shall only settle the controversies which
the parties had in view, whether such parties have expressed th eir
intention in special or general terms, or whether such intentio n
appears as a necessary consequen ce of what has been expressed.
CIVIL CODE  [CAP. 16.   
Where person 
making a 
compromise as to a 
right, acquires 
thereafter a similar 
right.1727. If a person who has made a compromise as to a right
belonging to him acquires thereafter a similar right from anoth er
person, he is not bound by the compromise previously made, with
respect to the righ t newly acquired.
Compromise made 
by one of several 
interested parties.1728. A compromise made by one of several interested parties
does not bind the others, nor  may it be set up by them.
Compromise 
equivalent to res 
judicata .1729. (1) A  compromise shall have as  between the parties the
effect of  a res judicata.
(2) It cannot be set aside on the  ground of an error of law.
When compromise 
may be set aside.1730. (1) Nevertheless, a compromise may be set aside, where
there has been an error as to the person with whom the contract  was
made, or as to the matter of the controversy which the parties
intended to compromise.
(2) It may be set aside in all cases where there has been fraud
or violence.
Error of fact. 1731. A compromise may also be set aside when through an
error of fact it has been made in execution of a title which wa s null,
unless the parties have expressl y taken such nullity into accou nt.
False documents. 1732. A compromise based on documents which are
subsequently found to be false, is wholly void.
Compromise 
respecting suit 
terminated by judgement.1733. (1) A  compromise of a suit determined by a judgment
which has become a  res judicata , of which the parties or one of
them had no knowledge, is also void.
(2) If the judgment of which the parties had no knowledge is
one from which there could still be an appeal, the compromise s hall
be valid.
Discovery of 
documents 
subsequent to 
compromise.1734. (1) Where the parties have made a general compromise
regarding all outstanding matters between them, the documents
which were unknown to them or which have been subsequently
discovered, shall not be a good ground for rescission, unless t hey
had been concealed through the act of one of the parties.
(2) The compromise, however, sha ll be void if it only referred
to a single thing and it is shown by the documents subsequently
discovered that one of the par ties had no right on such thing.
Errors of 
calculation.1735. Each of the parties has a right to demand the correction of
any error of calculation incurred in a compromise.
Compromise 
concerning an inheritance.1736. A compromise concerning an inheritance depending upon
a will which is not known, is void.
Title  XIV
OF DONATION
GENERAL PROVISIONS
  384     [CAP. 16.           CIVIL CODE
Definition of 
donation.1737. (1) The law allows only donations inter vivos .
(2) A donation inter vivos is a contract whereby the donor
irrevocably and gratuitously transfers a thing to the donee whoaccepts it.
(3) A donation in which the donor reserves to himself the
power to revoke or alter the dona tion itself, is void, except i n the
cases expressly provided in this Code.
Gifts made out of 
gratitude.1738. A gift made out of gratitude, or in consideration of the
merits of the donee, or as a special remuneration for services for
which the donee had no right of action, as well as that to whic h
some burden on the donee is attached, is likewise a donation,
saving the provisions of the next following article.
Remuneratory 
donations.1739. I f  t he  d on a t i on  is  m a de  i n r emuneration for services for
which the donee had a right of act ion, the special rules relati ng to
donations shall not apply, except when the value of the thing g iven
exceeds, by at least one-half, the value of such services, and in
regard only to such excess.
Onerous donations. 1740. Nor shall the special rules relating to donations apply to an
onerous donation, except when the value of the thing given
exceeds, by at least one-half, th e value of the burden imposed on
the donee, and in regar d only to such excess.
Rules on donations 
not applicable to 
trust settlements.Added by:
XIII.2004
.42.1740A.  The rules relating to donations shall not apply to the
settlement or distribution of property under trusts except to t he
extent expressly stated by the provisions of this Code.
Transfers to trusts, 
within groups, and 
as security.
Added by:XIII.2007
.10.
Substituted by:
VIII.2010 .61.1740B.  Any transfer which is -
(a) a settlement of property under trusts to a trustee or a
distribution or a reversion of property from a trusteepursuant to any trust; or
(b) an endowment of property to a foundation or a
distribution or a reversion of property from a
foundation pursuant to its terms;
(c) a gratuitous assignment, transfer or contribution of
capital, cash or any other assets by an undertaking to
another undertaking where both undertakings are
either controlled or benefi cially owned, directly or
indirectly, to the extent of  more than fifty per cent by
the same persons:
Provided that such assignment, transfer or contribution
shall on the pain of nullity be expressed in writing; or
(d) a grant of security by title t ransfer for the performance
of an obligation, and any transfer of such property
back to the transferor up on the performance of the
obligation,
shall not be governed by the provisions of this Title and in
particular shall not be subject t o the formalities required by article
1753:
Provided that where the transac tion consists in or includes a
CIVIL CODE  [CAP. 16.   
transfer of immovable property in Malta, the transfer of such
immovable property only shall remain subject to the formalities
required by article 1753(1).
Donation may only 
include present 
property.1741. (1) A  donation may only include the present property of
the donor.
(2) If it includes future property, it shall be null with regard  to
such property.
(3) The provisions of this article shall not apply to the
donations mentioned in Sub-ti tles IV and V of this Title.
Ecclesiastical 
benefices , etc., to 
be governed by 
canon law. 
Added by: V .1920.2.1742. Saving any other special law i n Malta, any ecclesiastical
benefice, or perpetual ecclesiast ical chaplaincy, or perpetual sacred
patrimony or patrimonial subsidy, shall, as regards both theexercise, enjoyment, extinguishment or loss of the right of
advowson, whether active or passive, as well as the terms and
conditions required in order that they may constitute a title f or
ordination or be availed of for such purpose, be governed by th e
canon law for the time being in force in Malta:
 Provided that nothing in this article shall affect any right
competent to and exercised by the Government with regard to any
benefice, chaplaincy, sacred pat rimony or patrimonial subsidy.
Sub-title I
OF THE CAPACITY TO DISPOSE OR RECEIVE BY DONATION
Persons capable of 
disposing or receiving by 
donation.
Amended by:LVIII.1975.10;
XVIII.2004
.103.1743. All persons can dispose of or receive property by
donation, except those who are in this Title declared to beincapable.
Persons incapable 
of making a 
donation. Amended 
by: XLVI.1973.87.1744. The following persons are incapable of making a donation:
(a) those who, according to the  provisions of paragraphs
(a), (b), (c) and ( d) of article 597, are incapable of
making a will;
(b) any person interdicted on the ground of prodigality,
unless authorized to make a donation by the court
which had ordered his interdiction;
(c) a minor, except by a marriag e contract as provided in
article 1807.
Nullity of 
donation , although 
disability of donor 
ceases before execution.1745. A donation made by a person who is incapable of making a
donation is null, even though the incapacity of the donor has c eased
previous to the time in which the donation is to be carried int o
execution.
  386     [CAP. 16.           CIVIL CODE
Persons incapable 
of receiving by 
donation.1746. (1) Those who, at the time of the donation, or at the time
of the happening of the suspensive condition attached to a
donation, were not yet conceived, are incapable of receiving by
donation.
(2) The provisions of this article shall not apply with regard t o
the immediate children of a stated person who is alive at the t ime of
the donation, nor with regard to persons called to the enjoymen t of
any foundation.
Born not viable. 1747. (1) Those who are not born vi able, are also incapable of
receiving by donation.
(2) In case of doubt, those who are born alive shall be
presumed to be viable.
Persons who 
cannot receive by 
donation more than 
can be left to them under a will.
Amended by:
XXI.1962.18.1748. Repealed by : XVIII.2004 .104.
Applicability of 
s.609.1749. The provisions of article 609 r especting the incapacity of a
tutor or curator, shall apply to donations.
Disguised 
donations.
Amended by:XVIII.2004
.105.1750. A donation made in favour of a person who is incapable of
receiving by donation, as provided in article 1749 is null, eve n
though it is disguised under the form of an onerous contract, o r
made in the name of intermediaries.
Intermediaries.
Substituted by:XVIII.2004
.106.
Amended by:
XXIII.2017. 82.1751.  Any one of the parents, the children, the descendants and
the spouse of the person who is incapable of receiving by donat ion
shall, unless the contrary is proved, be considered to be
intermediaries.
Donation made to 
notary receiving 
deed, etc.1752. A donation made to the notary by whom the deed of
donation was received, o r to his spouse, or to any person relat ed to
him by consanguinity or affinity to the third degree inclusivel y,
may be annulled on the demand of the donor or of his heirs, so long
as such donation has not b een carried into execution.
Sub-title II
OF THE FORM AND EFFECTS OF DONATIONS
Donations to be 
made by public 
deed.1753. (1) A donation is null, if not made by a public deed. 
(2) The provisions of sub-article (1) of this article, however,
shall not apply to -
(a) manual gifts of money or of other movable corporeal
things, or of documents to bearer, when the sum orvalue thereof is moderate, regard being had to the
condition of the persons an d to other circumstances;
(b) any gratuitous renunciation of rights or assignment of
CIVIL CODE  [CAP. 16.   
debts or negotiable securities, or to any remission of
debts or any stipulation made in favour of third parties
in any of the cases referred to in articles 999, 1000 and
1704:
 Provided that, as regards the form of any such
renunciation, assignment, r emission or stipulation, the
provisions of the said articles or of any other law shallbe observed, notwithstanding that such provisions
relate to onerous agreements.
When donation is 
binding on donor.1754. (1) A  donation shall not bind the donor and shall not be
operative except as from the day on which it is expressly or ta citly
accepted by the donee.
(2) The acceptance of a donatio n of immovable things is null,
unless it is made in the deed of donation or by any other publi c
deed.
Time for 
acceptance of donation.1755. The donee may validly accept the donation at any time
during the life of the donor so lo ng as the latter has not revo ked it.
When acceptance 
may be made after donor’s death.1756. (1) An acceptance made after the death of the donor
shall be ineffectual, excep t in the following cases:
(a) when the donor has reserved to himself, during his
lifetime, the use or usufruct of the thing given;
(b) when the donation is to be carried into execution after
the death of the donor;
(c) when the donor dies within three months from the day
of the donation.
(2) In each of the aforesaid cases, the donee may, until the
expiration of a time to be fixed by the court upon the demand o f
any interested party, validly accept the donation which has not  been
revoked by the donor; such tim e may not exceed one month, but
may for just cause be extended by the court to a nother month.
Acceptance by 
heirs or creditors of 
donee.1757. An acceptance made by the heirs or the creditors of the
donee has no effect.
Donation to minor. 
Amended by: 
XLVI.1973.90; XXI.1993
.2;
XXIII.2017. 83.1758. (1) A  donation made to a minor may be accepted in his
behalf by any one of his parents, as well as by his ascendants even
though his parents are living.
(2) If the donation is made by one of the parents or by an
ascendant of the minor, it may be accepted in his behalf by theother parent or any other ascendant.
(3) Where, however, the minor is subject to parental authority,
no person, other than the parent  exercising parental authority,  may
accept the donation on behalf of the minor except with the auth ority
of the court.
(4) If the donation is made by both parents of the minor, the
court may authorise the minor himself to accept it or appoint aperson to accept it in his behalf.
  388     [CAP. 16.           CIVIL CODE
Donation to an 
illegitimate child.
Amended by:
XXIII.2017. 84.1759. The provisions of the last p receding article shall also
apply with regard to the parents of an illegitimate child
acknowledged in the deed of acceptance itself or by any other
instrument, or legitimated  by a decree of the court.
Donation to person 
under tutorship or curatorship.1760. A donation made to a person who, by reason of age or for
other cause, is subject to tutorship or curatorship, may not beaccepted except by the tutor or cur ator, with the authority of the
court.
Annulment of 
donation for want 
of authority. 1761. In the cases referred to in th e last three preceding articles,
the donation may not be annulled for want of the authority ther ein
mentioned, except upon the demand of the donee; and such demand
may not be made after the expiration of two years from the day on
which the donee attains his majority or ceases to be subject to
tutorship or curatorship.
When special 
curator may be 
appointed.1762. (1) Where in the cases referred to in articles 1758, 1759
and 1760 the parent, the legitimate ascendant, or the tutor or
curator neglects or without j ust cause refuses to accept the
donation, the court shall, upon t he demand of any person, appoi nt a
special curator f or the purpose.
(2) The same shall apply where the person making the demand
declares on oath that he does not know whether the minor has an y
parent or legitimate ascendant alive or that he does not know w here
any such parent or ascendant is to be found, and the court is o f
opinion that the donation is advantageous to the minor.
When minor 
himself may accept 
donation. Amended 
by: XXI.1993 .2.1763.  A minor who is not subject to parental authority nor
provided with a curator, may val idly accept a donation if he ha s
completed the age of f ourteen years; savin g the action of resci ssion
which may be competent to him under article 971.
Duty of person 
who accepts on 
behalf of another. 
Amended by: 
XLVI.1973.91.  1764. (1) The person who has lawf ully accepted a donation on
behalf of another person is bound to cause such donation to be
registered, where required, in t he Public Registry according to  and
for the purposes of the provisions of article 996.
(2) Such registration, however, may also be made upon the
demand of the notary by whom th e deed of donation or acceptance
was received, or upon the deman d of the donee, whoever he may
be, and even without any authority.
Restitutio in 
integrum. Amended by: 
XLVI.1973.92.1765. (1) A  minor or any other person, being a donee, shall not
be reinstated in case of non-accep tance or non-registration of the
donation; saving any right of relief to which the donee may be
entitled according to law against the person who was bound to
accept the donation in his behalf o r to cause it to be register ed.
(2) Such reinstatement shall not be granted even though the
person so bound is insolvent.
Donation in 
contemplation of marriage may not 
be impeached for 
non-acceptance.1766. A donation made in contemplation of a certain and
determinate marriage, and prior to such marriage, whether by th e
future spouses to each other or by any other person in favour o f the
future spouses and of the children to be born of their marriage , may
not be impeached on the ground of non-acceptance.
CIVIL CODE  [CAP. 16.   
Donations between 
spouses , during 
marriage.
Amended by:
XXIII.2017. 85.1767. The provisions of the last p receding article shall also
apply with regard to donations between spouses, during marriage .
Donation on 
condition of 
restoration of gift 
in the event of donor having 
children.1768. Notwithstanding the provisions of article 1056, a donation
made on condition that the donee shall restore the thing given,  in
the event of the donor having children by a marriage contracted
either before or after t he donation, is valid.
Debts of donor. 1769. The donee is not bound to pay the debts of the donor
unless required to do so by the terms of the donation; saving i n
favour of the creditors the action referred to in article 1144,  and the
hypothecary action, where competent.
Donation subject to 
condition of payment of debts.1770. (1) A  donation made subject to the condition of the
payment of debts or burdens exis ting at the time of the donatio n, or
of future debts or burdens the  causes whereof, however, are
specified in the deed of donation or in a note annexed thereto,  is
valid.
(2) A  donation, however, made subject to the condition of the
payment of other future de bts or burdens, is null.
Limitation of 
donee’s liability. 1771. In any of the cases referred to in sub-article (1) of the last
preceding article, if th e amount of the debts or burdens has no t been
also stated in the deed or note aforesaid, the donee is not lia ble
beyond the value of the thing given, unless he has expressly bo und
himself to pay such debts or bur dens whatever their amount may
prove to be.
Presumptive 
condition.1772. A donation, however, of all present property or of a part of
all present property, unless a contrary intention appears from the
deed of donation, is presume d to have been made with the
reservation of deducting therefro m, before the release or deliv ery
of the property, the amount of the debts of the donor, existing  at the
time of the donation, either wholly or in proportion to the par t
given according as to whether the donation includes all the pro perty
or only a part thereof:
 Provided that such deduction cannot be claimed after the
delivery or the release of the property has taken place; saving  the
right of the creditors to any of the actions mentioned in artic le
1769.
Maintenance of 
donor.1773. (1) The donee is bound to supply maintenance to the
donor who has become indigent, to the extent of the fruits of t he
thing given, provided the donee is in possession of the thing g iven
or the value thereof and is not himself in a state of indigence .
(2) If the thing given is in the possession of the donee but
yields no fruits, the obligation aforesaid shall be limited to the
extent of the interest on the value of the thing itself as fixe d by a
valuation.
(3) If the donees are two or more, the prior donee is bound as
aforesaid, only where the amount which the subsequent donee isbound to supply is not sufficient for the maintenance of the do nor.
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(4) The provisions of this articl e shall apply even if there are
persons related to the donor by consanguinity or affinity who a re
bound and in a position to supply maintenance to him.
Reservation of 
power of 
disposing.1774. If the donor has reserved to himself the power to dispose
of a thing included in the donation or of a specified sum out o f the
property given, and dies without having disposed of the same, s uch
thing or sum shall belong to the donee, unless a contrary
declaration has been expressly made in the deed of donation, or
unless the donee has prevented the donor from disposing of suchthing or sum.
Vesting of thing 
excluded from 
donation.1775. If the donor has excluded a thing from the donation, in
order to dispose of it, and does not dispose of such thing eith er
inter vivos or by will, it shall vest in the heirs of the donor, unless
the donor himself has expressly declared in the deed of donatio n
that such thing shall vest in the donee if he dies without havi ng
disposed of it.
Prohibition of 
entails in 
donations.1776. Entails are forbidden in donations as in wills; and the
provisions of articles 331, 736 and 757 to 761 shall apply to
donations.
Reservation of 
usufruct.1777. It shall be lawful for the donor to reserve to himself the
usufruct of the thing given.
Donation of 
movable things 
with reservation of 
usufruct.1778. Where a donation of movable  things has been made with
the reservation of usufruct, th e donee shall, upon the cessatio n of
the usufruct, have against the donor or his heirs the same righ ts as
are granted to the owner under the provisions of Title III of P art I of
Book Second of this Code for the  restoration of such things.
Stipulation of 
reversion. Amended by: 
XXXIX.1939.10. 1779. (1) The donor may stipulate that the things given shall
revert to himself or his heirs, in case of the decease of the d onee
without issue at any time.
(2) He may also stipulate the reversion of the things given in
case of the predecease of the donee alone or in case of the
predecease of the donee and his descendants:
 Provided that such stipulation can only be made in favour of t he
donor alone.
Effects of 
reversion.1780. When the reversion takes place, any alienation of the
property given is dissolved, and such property reverts to the d onor
free from any burden or hypothec, with the exception of thehypothec registered in security of the dowry and the dower of t he
wife of the donee, if his other property is insufficient for th at
purpose, and the donation was made to him in the same marriagecontract by which the dowry was constituted or the dower
promised.
Where donation 
with stipulation of 
reversion is made in favour of two or 
more persons.1781. If a donation containing a stipulation of reversion is made
in favour of two or more persons, the condition shall, in case of the
predecease of one of such persons  or of his descendants, accord ing
to the cases mentioned in article  1779, be deemed to have happe ned
with regard to the portion of t he party deceased, and the provi sions
of the last preceding article shal l apply with reg ard to such p ortion.
Warranty by donor. 1782. The donor is not bound to warrant the donee against
CIVIL CODE  [CAP. 16.   
eviction in respect of the things given except in any of the
following cases:
(a) if the donation has been made in contemplation of
marriage or for the constitu tion of a sacr ed patrimony;
(b) if the donor has expressly promised warranty;
(c) if eviction takes place in consequence of debts for
which the donor himself is personally liable;
(d) if the donor has given a thing belonging to another
person, in bad faith and with the object of inducing the
donee to give, or to do  or not to do any thing;
(e) if, by the donation, burdens that may be estimated in
money have been imposed on the donee, or if thedonation has been made in r emuneration for services
that may be estimated in m oney for which the donee
had a right of action: in which case the donor is boundt o  g i v e  w a r r a n t y  u p  t o  t h e  v a l u e  o f  s u c h  b u r d e n s  o r
services.
Extent of warranty. 1783. (1) In the cases referred to in paragraphs  (a), (b), (c) and
(d) of the last preceding article, the donee cannot claim from the
donor more than the value which the thing given had at the time  of
the donation; unless, in the case  referred to in paragraph ( d), the
donee has suffered damage to an am ount greater than the value o f
the thing given, in which case the effects of the warranty shal l
extend to such amount.
(2) In the case referred to in paragraph ( e) of the last preceding
article, the donee can claim from the donor a sum corresponding  to
the value of the burdens discharged or of the services rendered ,
whatever such value may be.
Easements or 
burdens.1784. The donor is not bound to free the thing given from any
easement or other burde n to which it is subject, saving the rig ht of
the donee who has accepted the donation without being aware ofthe existence of such easement or burden to renounce the thing
given within one year from the day on which he became aware of
the existence of suc h easement or burden.
Sub-title III
OF THE EXCEPTIONS TO THE RULE OF IRREVOCABILITY OF 
DONATIONS
Causes of 
revocation of 
donation.Substituted by:
XIII.2007
.11.1785. A donation can only be revoked in virtue of a resolutive
condition, express or implied, a ccording to the provisions of
articles 1066, 1067, 1068 and 1069, or for ingratitude or, in c ase of
endowments to organisations established in accordance with the
Second Schedule, in virtue of the provisions regulating the
revocation of foundations and of endowments made to anorganisation.
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Revocation in 
virtue of resolutive 
condition.1786. In case of revocation in vir tue of a resolutive condition,
the property reverts to the donor free from all burdens or hypo thecs
imposed by the donee; and the donor shall have against third pa rties
in possession of the immovables given all the rights which hewould have against the donee himself.
Revocation for 
ingratitude.1787. A donation cannot be revoked for ingratitude except in any
of the following cases:
(a) if the donee has attempted to take the life of the donor
or has been guilty towards him of cruelty or grievous
injury;
(b) if the donee has wilfully, and with intent to cause
injury to the donor, considerably damaged hisproperty, or prejudiced his interests;
(c) if, the donor being in urgent need of maintenance or
other personal assistance, the donee has refused him
such support as without great inconvenience to himselfhe could have given him.
Revocation for 
ingratitude never takes place ipso 
jure. 1788. The revocation of a donation for ingratitude shall never
take place ipso jure.
Renunciation of 
right to revoke a 
donation for 
ingratitude is null.1789. A renunciation of the right to revoke a donation for
ingratitude is null if made prior to the happening of the event  which
gives rise to the exer cise of such right.
Time within which 
action for 
revocation may be brought.1790. (1) The demand for revocation on the ground of
ingratitude can only be made within one year from the day of th e
offence with which the donee has been charged by the donor, orfrom the day on which the donor could have become aware of such
offence.
(2) Revocation on such ground cannot be demanded by the
donor against the heirs of the donee, nor by the heirs of the d onor
against the donee, unless, in the latter case, the action had b een
commenced by the donor himself, or unless he died within a year
from the day of the offence.
Revocation does 
not affect 
alienations , etc.1791. (1) Revocation on the ground of ingratitude shall not
affect any alienation made by the donee, nor any hypothec or ot her
burden with which he may have charged the property given,previously to the judici al demand for revocation.
(2) The donee, however, is bound to restore to the donor the
value of the things alienated, having regard to the time of the
aforesaid demand, together with the fruits from the day of such
demand, and to indemnify the donor for any hypothec or otherburden with which he may have charged the property not alienate d.
Donations in 
contemplation of 
marriage not 
subject to revocation for 
ingratitude.1792. (1) Donations in contemplation of marriage are not
subject to revocation on th e ground of ingratitude.
(2) The provisions of this article shall not apply to donations
made by one of the future spouses to the other.
CIVIL CODE  [CAP. 16.   
Sub-title IV
OF DONATIONS IN CONTEMPLATION OF MARRIAGE
Donations of 
present property subject to general 
rules.1793. Donations of present property only, although made in
contemplation of marriage, are, in the absence of any provision  to
the contrary, subject to the rules laid down in this Title rela ting to
donations in general.
Donations of 
property to be left 
on donor’s death.1794. Any person not being under a legal disability may, in
contemplation of a certain and determinate marriage, but before
such marriage, dispose of the whole or of a part of the propert y
which he may leave at the time of his death, in favour of the f uture
spouses or one of them as well as in favour of the children to be
born of their marriage.
Extent of 
irrevocability of 
such donations.1795. (1) The donation referred to in the last preceding article
is irrevocable in this sense only, that the donor can no longer
dispose, under a gratuitous title , of the things included in th e
donation, except as regards small sums by way of remuneration o r
otherwise, unless he has reserved to himself a more ample power  of
disposing.
(2) The donor, however, shall be at liberty, up to the time of h is
death, to dispose under an onerous title of the things included  in the
donation; and any renunciation of such power is null.
Donations of 
present and future property.1796. A donation in contemplation of a certain and determinate
marriage, in favour of the futu re spouses or of one of them, or  of
their children, may be made of both present and future property ,
either wholly or in part, provided a description of the propert y and
of the debts and burdens of the donor existing at the time of t he
donation, is annexed to the deed  of donation; in which case the
donee shall be at liberty, at the time of the death of the dono r, to
retain for himself the property existing at the time of the don ation,
subject to the obligation of discharging only the debts and bur dens
existing at such time, renounci ng his right to the remainder of  the
property of the donor.
Where description 
is not annexed to deed of donation.1797. (1) If the description mentioned in the last preceding
article has not been annexed to the deed of donation of present  and
future property, the donee shal l be bound to accept or renounce  the
donation in its entirety.
(2) In case of acceptance, he can only claim the property
existing at the time of the donor’s death, and shall be bound t o
discharge all the hereditary debts and burdens up to the value of
such property.
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Presumption that 
property is 
sufficient to 
discharge debts. 
Cap. 12.1798. The property vesting in the donee by a donation made in
terms of article 1794 or in the case mentioned in the last prec eding
article, shall be presumed to be sufficient for the discharge o f the
hereditary debts or burdens, if the donee, before taking posses sion
of such property, has not made up an inventory in the manner
provided in the Code of Organization and Civil Procedure , saving
always any proof to the contrary.
When donee 
cannot demand execution of 
donation.1799. (1) As regards the donations referred to in articles 1794
and 1796, the donee cannot, during the life of the donor, deman d
that the donation be carried into execution with regard to any part
of the property included therein.
(2) By any such donation, the ownership of the property shall
not vest in the donee except at the death of the donor.
(3) Nevertheless, where the donation was made in terms of
article 1796 and, at the death of the donor, the donee wishes t o
avail himself of the power, gran ted to him in that article, to retain
for himself the property existing at the time of the donation s ubject
to the obligation of discharging only the debts and burdens exi sting
at that time, the donee shall be entitled to demand the dissolu tion of
any alienation, even if made unde r an onerous title, which the
donor may have made of immovables  included in that property, an d
of any hypothec or other burden with which the donor himself ma y
have charged such immovables, provided the donation was
registered in accordance with t he provisions of article 996.
Where donor 
survives donee.1800. (1) The donations referred to in articles 1794 and 1796
shall lapse, if the donor survives the donee and his descendant s
from the marriage in contemplation of which the donation was
made.
(2) Where the children and descendants are excluded from the
donation, such donation shall laps e if the donor survives the d onee.
Presumption in 
favour of children.1801. (1) The aforesaid donations, although made in favour of
the future spouses or one of the m, shall always, in the event o f the
survival of the donor, be presumed to have been made in favour of
the children and descendants to be born of the marriage in
contemplation of which such donations were made, unless suchchildren and descendants were e xcluded by the deed of donation.
(2) The provisions of this article shall also apply in favour of
children born before the donation, and legitimated by the marri age
in contemplation of which the donation was made.
Marriage presents. 1802. Presents which relations or friends of one of the future
spouses give to the other in contemplation of marriage shall be
deemed to have been given to the former, notwithstanding that i n
making such presents words were used implying a donation in
favour of the latter, unless, independently of such words, it i s
proved that the intention of the donor was that of giving such things
to the future spouse to whom he has delivered them.
Donation lapses if 
marriage does not 
take place , etc.1803. (1) Any donation or promise made in contemplation of
marriage shall lapse if the marriage does not take place.
CIVIL CODE  [CAP. 16.   
(2) Any donation made by way of a sacred patrimony shall
lapse, if the donee fails to tak e holy orders within five years  from
the day on which he shall have a ttained the age at which he cou ld
be admitted to such orders.
Sub-title V
OF DONATIONS BETWEEN FUTURE SPOUSES OR BETWEEN 
HUSBAND AND WIFE, EITHER BY THE MARRIAGE CONTRACT 
OR DURING THE MARRIAGE
Donations between 
future spouses. 
Amended by: XLVI.1973.93.1804. The future spouses may, in their marriage contract, make
to each other reciprocally or the one to the other, donations u nder
the conditions herei nafter mentioned.
Where donor has 
children.1805. Repealed by : XVIII.2004 .107.
Presumption of 
condition of 
survival.1806. Any donation of present property, or of present and future
property, or of such property as the donor may leave at the tim e of
his death, shall, in all cases, even if it is reciprocal, be pr esumed to
have been made subject to the condition of the survival of the
donee, unless an express stipulat ion to the contrary is made; a nd in
every other respect such donation shall be subject to the foreg oing
rules relating to donations made in favour of the future spouse s by
other persons.
Minors.
Amended by: 
XLVI.1973.94.1807. A minor cannot in a marriage contract make to his future
spouse any donation, whether reciprocal or not, without the con sent
of the parent to whose authority he is subject or, if both pare nts are
dead or the parent aforesaid cannot give his consent, without t he
authority of the court; but, with such consent or authority, a minor
may give all that one of the future spouses, being of age, may,
according to law, give to the other.
Presents by future 
spouses.Amended by:
XXXI.2002
.212.1808. (1) Presents given by one of the future spouses to the
other, on the occasion of marriage, shall, notwithstanding that  in
delivering such presents words were used implying a donation,
remain the property of the forme r, and shall be deemed to have
been given to the latter for mere use, during marriage, unless a
donation of such things is prov ed by the marriage contract.
(2) Even such right of use of the said presents shall cease in t he
event of separation on grounds imputable to the party who had
received such presents.
Where marriage 
does not take 
place.1809. (1) Any donation made by the future spouses in
contemplation of marriage, or by  the marriage contract, whether
reciprocally or by one to the ot her, shall lapse if the marriag e does
not take place.
  396     [CAP. 16.           CIVIL CODE
Cap. 5.(2) The provisions of this article, however, shall not apply, an d
the donee may retain the things g iven, if the mar riage does not  take
place by reason of the refusal of the donor without just cause to
contract such marriage; saving the right of the donee to claimdamages under the provisions of the Promises of Marriage Law
.
Donations between 
spouses.
Amended by:
XVIII.2004 .108;
XXIII.2017. 86.1810. (1) Any donation made by one of the spouses to the
other spouse during the marriage, without the authority of the
court, is null, even if such don ation is reciprocal or remunera tory.
(2) If there be such authority, however, one of the spouses may
make to the other spouse, a donation of present property, or of
present and future property, or of such property as the donor m ay
leave at the time of his death; and to any such donation the
provisions of article 1806 shall apply.
to relations of 
either.1811.  Any donation made without the authority of the court by
one of the spouses to a person related to the other spouse by
consanguinity or affinity, is likewise null.
Gifts of small 
value.
Amended by:XVIII.2004
.109.1812. The authority of the court mentioned in the last two
preceding articles shall not be required with regard to present s or
manual gifts of small value, regard being had to the circumstan ces
of the donor.
Sub-title VI
OF THE REDUCTION OF DONATIONS
Reduction of 
donations 
exceeding 
disposable portion.1813. Donations of any kind, even if made in contemplation of
marriage to future spouses and to the children to be born of th eir
marriage, shall, if at the time o f the opening of the successio n of
the donor they are fo und to exceed the porti on of property wher eof
the donor, according to the rule laid down in article 614, coul d
dispose, be reduced to that portion.
Applicability of 
rules relating to 
reduction of 
testamentary dispositions1814. The rules laid down in article 621 and in article 647 and
the articles following, relating to the reduction of testamenta ry
dispositions, shall also be observed with regard to the reducti on of
donations.
By whom 
reduction may be 
demanded.1815. The reduction of donations can only be demanded by those
for whose benefit the law has reserved a portion of the propert y of
the deceased, and by their heirs o r other persons claiming unde r
them.
CIVIL CODE  [CAP. 16.   
Right of 
demanding 
reduction may not 
be waived during donor’s life.1816. Saving the provisions of article 1240 the persons to whom
the law grants the right to demand the reduction of donations,
cannot waive such right during the lifetime of the donor, wheth er
by an express declaration or by consenting to such donations.
Donees , etc., may 
not claim 
reduction.1817. Donees, legatees, or cred itors of the deceased cannot
demand the reduction of donations or benefit by it.
No reduction of 
donations shall 
take place before 
property disposed of under will is 
exhausted.1818. No reduction of donations can  take place until the value of
all the property disposed of under the will has been exhausted;  and
when such reduction takes place, it shall be made commencing wi th
the last donation and so on successively, from the last to theprevious donations.
Restitution of 
things to be made in kind.1819. Any restitution of things under the provisions of the last
preceding article, shall be made i n kind, saving the provisions  of
article 653.
Restoration of 
fruits.1820. The donee shall restore the fruits of such part of the
donation as exceeds th e disposable portion, from the day of the
opening of the succession of the donor, if the action for reduc tion
has been brought within the year; otherwise, from the day of th e
demand.
Immovable to be 
returned unencumbered.1821. The immovable property whi ch is to be returned in
consequence of the reduction sh all be free from any debt or
hypothec with which it may have been charged by the donee.
Action for 
reduction , etc., 
may be brought 
against third parties.1822. (1) The action for reduction or for recovery may be
brought by the person to whom it is competent, against third pa rties
in possession of the immovable property forming part of the
donations and alienated by the donees, in the same manner and i n
the same order as if against the donees themselves, but not unt il the
plaintiff has first discussed the donees.
(2) Such action shall be exercised  according to the order of the
dates of the alienations, commencing w ith the last.
Limitation of 
action for 
reduction , etc.1823. (1) The action for reduction or recovery, whether against
the donees or against third part ies, shall be barred by prescri ption
on the lapse of five years to be reckoned from the day of the
opening of the succession.
(2) The aforesaid time shall also run against minors and
persons interdicted.
Title  XV
OF LOAN FOR USE OR COMMODATUM
Definition of 
commodatum.1824. Commodatum or loan for use, is a contract whereby one of
the parties delivers a thing to the other, to be used by him,gratuitously, for a specified time or purpose, subject to the
obligation of the borrower to  restore the thing itself.
Things which may 
be lent for use.1825. All things which are not extra commercium and which are
not consumed by use may form the subject of this contract.
  398     [CAP. 16.           CIVIL CODE
Obligations 
transmissible to 
heirs.1826. The obligations undertaken in virtue of a loan for use shall
pass to the heirs of the lender and of the borrower:
 Provided that if the loan is made out of regard to the borrowe r,
and only to him personally, his heirs cannot continue to enjoy the
thing lent.
Duties of borrower. 1827. (1) The borrower is bound to take care of and preserve
the thing borrowed as a bonus  paterfamilias.
(2) He cannot, under pain of paying damages, apply the thing
to any other use than that for which it is intended by its natu re or by
agreement.
Borrower not liable 
for indemnity if 
thing perishes.1828. If the thing perishes by a fortuitous event, without the
fault of the borrower, the borro wer is not liable for any indem nity.
Liability of 
borrower for 
wrong use or delay.1829. If the borrower uses the thing for another purpose or for a
longer time than he ought, he shall be answerable for the loss which
may occur even by a fortuitous event, unless he proves that thething would have equally perished if he had not used it for ano ther
purpose, or had restored it at t he time fixed in the contract.
Where borrower 
could save the 
thing borrowed from perishing.1830. If the thing lent perishes by a fortuitous event from which
the borrower could have preserved it by making use of his own
thing instead of the thing borrowed, or if, being able to save only
one of the two things, he has preferred to save his own, he is
answerable for the l oss of the other.
Effect of valuation 
of thing lent at time 
of loan.1831. A valuation of the thing, made at the time of the loan, shall
have no other effect except that  of determining its value at th at
time, in case the borrower shoul d be answerable for any loss wh ich
may occur; and the borrower shall not, merely because the thingwas appraised at the time of deli very, be answerable for any lo ss
resulting from a fortuitous event, unless it is otherwise shown  that
an agreement to the contrary was made.
Deterioration 
without fault of borrower.1832. If the thing has deteriorated merely by the use for which it
was lent, and without fault of the borrower, the borrower is no t
answerable for such deterioration.
Borrower may not 
recover expense for use of thing.1833. If in order to be able to make use of the thing lent, the
borrower has incurred any expense, he cannot claim thereimbursement thereof.
Liability of several 
borrowers of same thing.1834. If several persons have borrowed the same thing together,
they are jointly and severally liable to the lender.
Restoration of 
thing to lender before expiration 
of time.1835. (1) The lender cannot take back the thing until after the
expiration of the time agreed upon, or, in the absence of anagreement, until it has served the purpose for which it was
borrowed.
(2) Nevertheless, if during the time agreed upon, or before the
borrower has ceased to need the thing, the lender happens to be  in
pressing and unforeseen need of making use of the thing, the co urt
may, according to circumstances, compel the borro wer to restore  it
to him subject to the obligation of the lender to reimburse to the
borrower any expenses which the latter may have incurred to mak e
use of the thing.
CIVIL CODE  [CAP. 16.   
Where 
extraordinary 
expenses have 
been incurred by borrower.1836. If, during the continuance of the loan, the borrower had to
incur, for the preservation of t he thing, any extraordinary and
necessary expenses of so urgent a  nature that he was unable to give
previous notice thereof to the lender, the latter shall be boun d to
reimburse such expenses to him.
Liability of lender 
in case of defects 
in thing lent.1837. When the thing lent has defects that may cause injury to
the person making use of it, the lender is answerable for damag es,
if he knew of such defects and  did not warn the borrower.
Question as to 
whether contract is 
commodatum  or 
locatio et conductio.1838. (1) If any question shall arise as to whether the loan of a
thing is by way of a loan for use, or by way of letting and hir ing,
the person claiming a reward must prove his right thereto by
express or tacit agreement.
(2) A  tacit agreement may be inferred from the condition of the
parties, the quality of the thing, the prolonged use thereof an d other
circumstances.
Title  XVI
OF PRECARIOUS LOAN OR PRECARIUM
Definition of 
precarium.1839. Precarious loan or  precarium is the same contract of loan
for use defined in article 1824 with the only difference that t he
lender has the power to take back the thing when he pleases.
Restitution on 
demand.1840. The borrower of a thing by way of  precarium cannot delay
the restitution thereof, when demanded, on the ground of any
prejudice which he might sustain thereby:
 Provided that if it appears that the restitution is demanded w ith
intent to cause injury to the bor rower, the court shall have po wer to
grant him time for such restitution.
Applicability of 
rules relating to 
commodatum .1841. Saving the provisions of the  last two preceding articles,
the rules laid down with regard to the contract of loan for use , shall
apply to the contract  of precarious loan.
Title  XVII
LOAN FOR CONSUMPTION OR MUTUUM
Definition of 
mutuum.1842. Mutuum or loan for consumption is a contract whereby one
of the parties delivers to the other a certain quantity of thin gs which
are consumed by use subject to the obligation of the borrower t o
return to the lender as much of the same kind and quality.
Effect of loan on 
borrower.1843. In virtue of such a loan, th e borrower becomes the owner
of the thing lent, and the loss of such thing falls upon him, i n
whatever manner it m ay have occurred.
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Liability resulting 
from loan of 
money.1844. (1) The liability resulting fro m a loan of money is, in all
cases, for the same numerical  sum stated in the contract.
(2) Notwithstanding any agreement to the contrary, if any
change occurs in the monetary s ystem before the expiration of t he
time for payment, the debtor is only bound to return the numeri cal
sum which was lent to him, in coins according to their legal va lue
at the time of payment.
Restitution in 
determinate 
species of coin.1845. It may be stipulated that the restitution shall be made in a
determinate species of coin; and in any such case restitution s hall
be made in the manner agreed upo n, provided that if at the time  of
payment no such coins can be found or they are put out ofcirculation, the borrower shall be bound to return the sum to t he
lender in current coin, and to pay damages, if any.
Loan of ingots or 
goods.1846. Where the loan is of ingots or goods, the debtor is, in all
cases, bound to return the same quantity and quality, whatever may
be the rise or fall in their price.
Applicability of 
s.1837.1847.  The provisions of article 1837 shall also apply to mutuum.
Where borrower 
cannot return 
things in the same 
quantity and quality. 1848. (1) If it is not possible for the borrower, without serious
prejudice, to return the things borrowed in the same quantity a nd
quality at the time agreed upon, he is obliged to pay the value
thereof, regard being had to the time and place at which they w ere
to be returned.
(2) If the time and place have not  been fixed, the payment shall
be made according to the current price at the time and place at
which the loan was made.
Interest not due 
unless agreed 
upon.1849. No interest is due in respect of  mutuum unless agreed
upon, saving the provisions of articles 1139 and 1140 where the
borrower does not return the things borrowed at the time agreed
upon, or at the time which, in the absence of an agreement, is fixed
by the court.
Stipulation for 
interest.1850. (1) It shall be lawful to stipulate for interest on a loan,
whether of money or of goods  or other movable things.
(2) It shall also be lawful to convert into a new capital at
interest, the amount of interest due, provided such interest be  not
due for a time le ss than one year.
(3) Any other agreement for paym ent of interest on interest, is
null.
Payment of interest 
not agreed upon.1851. (1) The borrower who has paid interest which was not
agreed upon, can neither claim it back nor deduct it from the
capital, except in so far as such interest exceeds the rate fix ed in the
next following article.
(2) Nevertheless, the interest paid on any amount of interest
due for a time less than one year, may be claimed back or deduc ted
from the capital, even though the interest so paid does not exc eed
the said rate.
CIVIL CODE  [CAP. 16.   
Rate of interest.
Amended by:
XXXIX.1961.2;
LIV .1974.9;VI.1983
.5;
IX.1992 .2;
III.2009 .3.1852. (1) The rate of interest cannot exceed eight per cent per
annum.
(2) Any higher interest agreed upon shall be reduced to the said
rate.
(3) If a higher interest than that fixed by law has been paid, t he
excess shall be deducte d from the capital.
Contracts made in 
evasion of last 
preceding article.1853. Any contract, whatever its d esignation, made in evasion of
the provisions of the last preced ing article, is subject to res cission;
and in any such case, if the things given cannot be returned, t he
creditor can only demand the payment of their value at the timewhen he delivered them to the debtor.
Where rate of 
interest is not agreed upon.1854. If the borrower has bound himself to pay interest without
fixing the rate, interest shall be at the rate of five per cent  per
annum.
Acquittance for 
capital without 
reservation as to 
interest. 1855. An acquittance for the capital, given without any
reservation as to the interest, creates a presumption of the pa yment
of the interest, and operates as a discharge thereof, saving an y
proof to the contrary.
Regulations.
Added by:
XXII.2000 .101.
Substituted by:III.2009
.4.
Cap. 234.1855A.  The Minister responsible for justice in conjunction with
the Minister responsible for finance may make regulations
prescribing the conditions under which debts and obligations as
designated by the same regulati ons may be exempted from any of
the provisions of Title IV and Title XVII of Part II of Book Se cond
subject to such conditions as he may in such regulations establ ish,
and further regulating the charging of interests, the compoundi ng
of interests in all respects and the maximum amount of interest  that
may become payable.
Title  XVIII
OF MANDATE
Sub-title I
OF THE NATURE AND FORM OF MANDATE
Definition of 
contract of 
mandate.1856. (1) Mandate or procuration is a contract whereby a
person gives to another the po wer to do something for him.
(2) The contract is not perfect ed until the mandatary has
accepted the mandate.
Object of mandate.
Amended by:
VIII.2010 .61.1857. (1) Every mandate must have for its object something
lawful which the mandator might have done himself.
  402     [CAP. 16.           CIVIL CODE
(2) Subject to any other special provision of the law, a mandate
can be granted by a public deed,  by a private writing, by lette r, or
verbally, or even tacitly.
(3) An irrevocable mandate granted by way of security as
specified in article 1887(1) shall be granted in writing on pai n of
nullity.
Acceptance by 
mandatary.1858. The acceptance on the part of the mandatary may also be
tacit, and may be inferred from acts.
Consequences in 
case of default of mandatary to 
acquaint mandator 
of refusal.1859. Any person carrying on trade  or exercising a profession
who, without just cause, fails to give notice to the mandator,without delay, of his refusal to accept a mandate relating to
commercial or to professional bus iness, as the case may be, is
answerable to the mandator for  damages occasioned by the delay.
Name of 
mandatary in 
blank.1860. If a mandate is granted by a private writing, the name of
the mandatary may be left in blank; in which case, so long as t he
name is not written, the bearer of the writing or of the instru ment or
procuration shall be deemed to be the mandatary.
When mandate is 
gratuitous.1861. Mandate is gratuitous, unless there is a stipulation to the
contrary.
Mandate is special 
or general.1862. M a n d a t e  i s  e i t h e r  s p e c i a l ,  i f  i t  i s  f o r  o n e  m a t t e r  o r  f o r
certain matters, only; or general, if it is for all the affairs  of the
mandator.
Mandate in general 
terms.1863. (1) A mandate made out in gen eral terms applies only to
acts of administration.
(2) The power to make alienations of property, except such
alienations as fall within the limits of the administration, or  to
hypothecate property or to perform other acts of ownership, mus t
be expressed.
Powers of 
mandatary.1864. A mandatary cannot do anything beyond the limits of the
mandate.
Mandate given by 
a person in 
anticipation of his 
incapacity.Added by:
XIII.2016
.2.
Cap. 55.1864A. (1) A mandate given by a person of full age in
anticipation of his incapacity to a mandatary, for the latter t o take
care of the mandator or to admini ster his property shall be dra wn,
under pain of nullity by a notary public in the presence of twowitnesses in accordance with the  requirements of article 655(1)  of
this Code, after having obtain ed a medical declaration that
circumstances so require in the best interests of that person. This
mandate shall be registered in the same manner as any one of th e
acts mentioned in article 50 of the Notarial Profession and Not arial
Archives Act.
(2) In the case of a person of  full age, performance of the
mandate shall be conditional upon the occurrence of the incapac ity
and after obtaining the necessary approval from the court of
voluntary jurisdiction upon application by the mandatarydesignated in the act. The court of voluntary jurisdiction may
impose those conditions that it may deem necessary.
CIVIL CODE  [CAP. 16.   
Cap. 55.(3) ( a) For the purpose of termination of the mandate, that
termination has to be drawn by a notary public in the
same manner as the mandate was constituted and the
termination shall be accompanied by a sworn medicalcertificate which confirms  that the incapacity has
ceased and that termination has to be approved by the
court of voluntary jurisdiction. That termination shallbe registered in the same manner as any one act
mentioned in article 50 of t he Notarial Profession and
Notarial Archives Act.
(b) Such termination shall be communicated or notified,
as the case may be, to the mandatary who shall bebound to cease from representing the mandator with
immediate effect. The registrar of the court of
voluntary jurisdiction shall send a copy of thetermination approved by the court of voluntary
jurisdiction to the Chief Notary to Government who
shall enter the particulars of such termination in a
register held by him for the purpose and which shall be
accessible to the publi c during office hours.
(c) If the mandatary continues to represent the mandator
after the termination has been communicated or
notified to him, the mandatary shall be held personally
responsible for damages and shall be considered asacting in contravention of this article.
(4) The provisions of sub-title II of Title XVIII of Part II of
Book Second of the Code shall,  mutatis mutandis , apply to a
mandatary appointed in terms of this article.
Acts which the 
mandatary may 
perform.1865. (1) For the carrying out of the mandate, the mandatary
may institute legal proceedings; make and prosecute appeals; ma ke
proof by reference to the oath of his adversary; take the oath in
litem or the suppletory oath; enforce judgments both on movable
and immovable property; make demand for the issue of
precautionary acts including those for the issue of which an
application or declaration on oa th is required; make demand for  the
personal arrest of the debtor of the mandator, where such deman d is
competent; and do any other thing which the mandator might do
personally, notwithstanding that such powers have not beenexpressly given in the mandate.
(2) The mandatary may also, in virtue of the said powers, be a
defendant on behalf of the mandator, in any law-suit concerning  the
matter included in the mandate.
When mandatary 
may not sue or be 
sued. Amended by:
VIII.2010
.61.
Cap. 12.1866. A mandatary, however, may not sue or be sued, on behalf
of the mandator, although the latter shall have given him autho rity
to do so, when the mandator himself is not absent from the Isla nd in
which the action is to be tried, saving the provisions of artic le 786
of the Code of Organization and Civil Procedure : provided that a
mandatary under an irrevocable mandate granted by way ofsecurity may sue on behalf of the mandator irrespective of this
provision in order to protect or enforce the interests secured by the
  404     [CAP. 16.           CIVIL CODE
mandate.
Other powers of 
mandatary.1867. (1) The express power to compromise does not include
the power to submit to arbitration or  vice versa .
(2) The power to receive includes the power to give
acquittance. 
(3) The power to sell includes th e power to receive the price. 
General powers. 1868. Where a person has been employed to do something in the
ordinary course of his profession or calling, without any expre ss
limitation of power, such person shall be presumed to have beengiven power to do all that which he thinks to be necessary for the
carrying out of the mandate, and which, according to the nature  of
the profession or calling afor esaid, may be done by him.
Minors may be 
mandataries. 
Substituted by: XLVI.1973.961869. Minors may be appointed mandataries; but in any such
case the mandator cannot maintai n an action against the mandata ry
except in accordance with the g eneral rules relating to the
obligations of minors.
Power of 
mandator.
Amended by:
VIII.2010 .61.1870.  (1) The mandator can, for the execution of a contract, act
directly against the person with whom the mandatary in his
capacity as such has contracted.
(2) The powers of the mandator in relation to the subject matter
of the irrevocable mandate by way of security may be suspended by
express agreement for the duration of the mandate.
(3) Such mandates may be registered in a public register. In
this article "public register" means:
(a) where the subject matter of  t h e  m a n d a t e  i s  a  s h i p  o r
rights related or connected therewith, the Register ofMaltese Ships and by m eans of an annotation;
(b) where the subject matter of the mandate is an aircraft
or an aircraft engine or rights related or connected
therewith, the National Airc raft Register and by means
of an annotation; and
(c) in all other cases, the Public Registry by means of a
note,
and in such case it shall have effect in relation to third part ies and
any exercise of any su ch powers by the mandatary as are suspend ed
shall not have any ef fect except when done  with the written con sent
of the mandatary.
Where mandatary 
acts in his own name.1871. (1) When the mandatary has acted in his own name, the
mandator cannot maintain an actio n against those with whom the
mandatary has contracted, nor the  latter against the mandator.
(2) In any such case, however, the mandatary is directly bound
towards the person with whom he has contracted as if the matter
were his own.
CIVIL CODE  [CAP. 16.   
Property held 
subject to fiduciary 
obligations.
Added by:XIII.2004
.43.1871A.  (1) Any person holding property for another holds
property subject to fiduciary ob ligations to the person engagin g
him for such purpose and shall be regulated by the provisions o f
this title and by the provisions of this Code relating to fiduc iary
obligations.
(2) Where such person acquires property in his own name but
on behalf of a mandator, the man dator shall at all times be ent itled
to demand the immediate and unconditional transfer thereof from
the mandatory. The mandatory shall on such demand or, in anycase, on the expiration of the time during which the mandate wa s to
continue, immediately render account of his mandate in terms of
article 1875 and transfer the pr operty to the mandator by such
means as may be appropriate, saving any special terms of the
mandate relating to fees and expenses and rights of any third p arty
in good faith.
(3) Notwithstanding article 1886, a mandate in favour of a
person acting in terms of this article shall not lapse -
(a) on the death of the mandator and shall continue to bind
the mandatory to preserve the property and all rights
related thereto until such time as the property held by
him is validly transferred to the heirs or legatees of themandator; and
(b) on the bankruptcy of the mandator or the mandatory
and shall continue to bind the mandatory to preserve
the property and all rights related thereto until suchtime as the property held by him is validly transferred
as directed by the competen t court for the benefit of
the mandator or of the creditors of the mandator, as thecase may be.
(4) A term of the mandate purporting to bind a mandatory as
referred to above to transfer the property held by him to a thi rd
party after the death of the mandator shall not be valid unless  such
bequest be made by means of a will in accordance with theformalities required by law.
(5) In the event of the death of the mandatory, the heirs at law
or the executor, if any, of the will of the mandatory shall be bound
by the same obligations to preserve the property held for the
mandator and to immediately tr ansfer it to him or as he may
instruct, saving such rights to the payment of outstanding dues  and
expenses according to law.
(6) Notwithstanding the provisions of article 1871(1), in cases
where a mandatory, as referred to above, brings, by any means, to
the attention of any third party the fact that he is acting in such
capacity, the mandator y shall not be personally liable for the
obligations entered into other than with and to the extent of t he
property held by him.
Saving. 
Cap. 13.1872. The provisions of this Code sh all not affect the provisions
of the Commercial Code , or of any other special law or other
usages of trade.
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Sub-title II
OF THE OBLIGATIONS OF THE MANDATARY
Duties of 
mandatary.1873. (1) A mandatary is bound to carry out the mandate so
long as he is vested therewith, and in case of non-performance he is
answerable for damages and interest.
(2) He is also bound to conclude any matter, which he may
have commenced before the death of the mandator, if delay might
be prejudicial.
Liability of 
mandatary.1874. (1) A mandatary is answerable not only for fraud, but
also for negligence in car rying out the mandate.
(2) Nevertheless, such liability in respect of negligence is
enforced less rigorously against a person whose mandate is
gratuitous than against on e receiving a remuneration.
Duty of mandatary 
to render account.1875. The mandatary, unless expressly exempted by the
mandator, is bound to render to the latter an account of his
management and of everything he has received by virtue of themandate, even if what he has recei ved was not due to the mandat or.
Mandatary cannot 
delegate his 
authority.1876. (1) The mandatary cannot substitute another person for
himself, if he has not  been empowered to do so by the mandator.  
(2) If such power has been con ferred upon him but without
naming the person to be substituted, the mandatary is answerabl e
for the person he has substituted if he has selected a person
notoriously incompetent or insolvent or whom he otherwise knewto be such.
(3) In all cases, the mandator may act directly against the
person whom the mandatary has substituted.
Where several 
mandataries are appointed by the 
same instrument.1877. ( 1 ) W h e r e  t h e r e  a r e  s e v e r a l  attorneys or mandataries
appointed by the same instrument,  there is no joint and several
liability between them, unle ss it be expressly so agreed.
(2) Each of such mandataries may validly carry out the
mandate independently of the cons ent of the other mandataries o r
notwithstanding their opposition, unless the mandator has expre ssly
ordered that one shall not act without the other, or has otherw ise
expressly specified their duties.
(3) The limitation of powers of each of the aforesaid
mandataries may not be set up against third parties, unless suc h
limitation appears from the instrument of procuration, or unles s it
is shown that such third parties have otherwise had sufficientknowledge of such limitation.
Liability of 
mandatary for 
interest on sums 
applied to his own 
use, etc.1878. A mandatary owes interest on  the sums which, without the
authority of the mandator, he has applied to his own use, from the
day on which he has made such use, and on any other sum in whic h
he shall remain debtor, from the day on which he is put in defa ult,
saving, in both the aforesaid cases, the usages of trade.
CIVIL CODE  [CAP. 16.   
Mandatary is not 
personally liable 
towards party 
contracting with him as such.1879. A mandatary who has given to the party with whom he has
contracted in such capacity suffi cient information as to his po wers,
is not liable for any warranty i n respect of what he has done b eyond
such powers, unless he has personally bound himself thereto.
Sub-title III
OF THE OBLIGATIONS OF THE MANDATOR
Liability of 
mandator 1880. (1) A mandator is bound to carry out the obligations
contracted by the mandatary in accordance with the powers whichhe has given him.
(2) He is not liable for what the mandatary has done beyond
such powers, unless he has expr essly or tacitly ratified it.
towards mandatary 1881. (1) The mandator must repay to the mandatary the
advances and expenses made or in curred by him in carrying out t he
mandate; and he must pay him the remuneration if promised to hi m,
or if it is presumed to have been tacitly agreed upon, regard b eing
had to the profession of the man datary and to other circumstanc es.
(2) If no negligence be imputable to the mandatary, the
mandator cannot refuse to make such reimbursement and payment,
even though the matter has not  been successful; nor can he have  the
amount of such expenses and advances bona fide incurred or made,
reduced, on the ground that they might have been less.
for losses 1882. The mandator must also indemn ify the mandatary for the
losses he has sustained by reason of the mandate, where nonegligence is imputable to him.
for interest on 
advances and expenses.1883. Interest is due by the mandator to the mandatary on the
advances and expenses  mentioned in article 1881 from the day of
the payment of such sums.
Where the 
mandators are two 
or more , they are 
jointly and 
severally liable 
towards mandatary.1884. Where the mandatary has been appointed by several
persons for a common business, each of them is jointly and
severally liable towards him for all the consequences resulting  from
the mandate.
Right of retention 
competent to 
mandatary.1885. The mandatary shall have the right of retention, so long as
he is not paid what is due to hi m in consequence of the mandate .
Sub-title IV
OF THE WAYS IN WHICH MANDATE IS TERMINATED.
  408     [CAP. 16.           CIVIL CODE
Termination of 
mandate.
Amended by:
VIII.2010 .61;
IV .2016 .24.1886.  (1)  Mandate is terminated -
(a) by the revocation of the procuration;
(b) by the death, the interdiction or the incapacitation,
whether general or special, from entering intocontracts, the declarati on of bankruptcy, or the cessio
bonorum  either of the mandator or of the mandatary;
(c) by the termination of the powers of the mandator;
(d) by the expiration of the time during which the mandate
was to continue;
(e) by the renunciation on th e part of the mandatary:
Provided that:
(i) in the case of the termination of a mandate
whereby the mandatory, being a physical person,
has been empowered to transfer immovable
property on behalf of the mandator or where the
mandate is one of a general nature givenbetween physical persons , such termination may
be notified by the mandator or by any other
person having an interest in the mandate to theChief Notary to Government who will enter the
particulars of such termination in a register held
by him for the purpose and which shall beaccessible to the public d uring office hours; and
(ii) the Minister responsible for Justice shall have
the power to issue regulations to establish an
electronic register whe re the registration of
mandates and their termination may be made and
to establish such formalities, fees and applicable
procedures for registration in the said electronicregister and to regulate access to the said
register.
(2) An irrevocable mandate by way of security shall not
terminate upon the events stated in sub-article (1) and shall
continue to be binding on, or continue for the benefit of, the heirs
or liquidator (or similar officer) of the mandator, or of the
mandatary, or the creditor if a different person, in accordance  with
its terms. Neither shall such an irrevocable mandate terminate on
such events when they occur in r elation to a mandatary who is a
different person than the creditor in whose favour the mandate has
been granted.
(3) The creditor whose interests are secured through the
mandate, or his heirs, or liquidator (or similar officer), may appoint
a substitute to act as mandatary, including himself, or may app ly to
the Court of voluntary jurisdiction to make such appointment.
Revocation of 
mandate.
Amended by:VIII.2010
.61.1887. (1) The mandator may revoke the mandate whenever he
chooses, unless the mandate is e xpressly stated to be granted b y
way of security in favour of the mandatary or of any other pers on,
and that it is irrevocable, in which case it may only be revoke d with
the consent of the person whose interest is secured thereby. Th e
CIVIL CODE  [CAP. 16.   
mandatary under such an irrevocab le mandate granted by way of
security, shall be bound to act in a fair and reasonable manner  when
exercising the powers granted thereunder, provided that a manda te
by way of security which is irrevocable may only be granted whe n
the object to which it relates is property which is movable, by
nature or by operation of law, and it shall not be permissible for
such a mandate to be issued with  reference to immovable propert y
or rights therein.
(2) Where powers are exercised under an irrevocable mandate
granted as stated above and form part of or are granted pursuan t to
or in the context of a written agreement governing a broaderrelationship, the mandatary shall furthermore be bound to exerc ise
such powers in accordance with the terms and subject to the
conditions of such agreement.
(3) Except as provided in the  preceding sub-article, the
appointment of a new mandatary for the same business isequivalent to a revocation of the mandate given to the previous  one,
even though the new mandatary  does not accept the mandate.
(4) A general mandate does not produce the revocation of a
special mandate previously given , unless the business contempla ted
in the special mandate is expre ssly included in the general man date.
Termination of 
mandate does not affect third parties 
not knowing of 
such termination.1888. (1) The existence of any of the causes for which a
mandate is terminated cannot be se t up against third parties wh o,
having no knowledge of such cause, have contracted with the
mandatary; saving the right of the mandator to seek relief agai nst
the mandatary, where competent.
(2) Nor may the existence of any such cause be set up against
the mandatary, if at the time of acting he also had no knowledg e
thereof.
Renunciation of 
mandate.1889. (1) A mandatary may renounce the mandate by giving
notice of his renunciation to the mandator.
(2) Nevertheless, if the renunci ation is prejudicial to the
mandator, he must be compensated by the mandatary, unless it isimpossible for the latter to continue to carry out the mandate
without suffering himself considerable prejudice.
Duty of heirs of 
deceased 
mandatary.1890. In case of the death of the mandatary, his heirs must, if
they know that he was a mandat ary, give notice thereof to the
mandator, and attend, in the meantime, to what is required in t he
interest of the latter, as circumstances may demand.
Title  XIX
OF DEPOSIT
Definition of 
deposit.1891. D e p o s i t ,  i n  g e n e r a l ,  i s  a  c o n t r a c t  w h e r e b y  a  p e r s o n
receives a thing belonging to another person subject to the
  410     [CAP. 16.           CIVIL CODE
obligation of preserving it and of returning it in kind.
Sub-title I
OF DEPOSIT PROPERLY SO CALLED
Nature of deposit 
properly so called.1892. (1) Deposit properly so called is a gratuitous contract,
saving any stipulation to the contrary.
(2) Only movable things can b e the subject of such deposit.
How deposit is 
perfected.1893. (1) A  deposit is only perfected by the delivery of the
thing to the depositary.
(2) The delivery is effected by th e consent alone, if the thing is
already in the hands of the depositary by any other title and i t is
agreed that it is to remain in his h ands as a deposit.
When depositary 
may make use of 
thing deposited.1894. A deposit of money or of other things which are consumed
by use, is regulated by the laws relating to loan  for consumption or
mutuum , whenever power has been granted to the depositary to
make use of the thing deposited on the sole condition of return ing
as much of the same kind and quality.
V oluntary or 
necessary deposit.1895. Deposit is voluntary or necessary.
§ I. O F VOLUNTARY DEPOSIT
Nature of 
voluntary deposit.1896. A voluntary deposit takes place by the mutual consent of
the person who makes the deposit  and of the person who receives
the thing on deposit.
Between whom 
voluntary deposit 
can take place.1897. (1) A voluntary deposit can only take place between
persons who are capab le of contracting.
(2) Nevertheless, if a person capable of contracting accepts a
deposit made by a person who is incapable, the former is bound by
all the obligations of a true depositary.
V oluntary deposit 
made by a person 
capable to one who is not.1898. If the deposit has been made by a person who is capable of
contracting to another who is not, the person who has made the
deposit cannot but claim the recovery of the thing deposited so  long
as it exists in the hands of the depositary, or bring an action  for
restitution to the extent of the benefit accruing in favour of the
latter.
OF THE OBLIGATIONS OF THE DEPOSITARY
Diligence to be 
used by depositary.1899. A depositary must, for the custody of the thing deposited,
use the same diligence which he uses for the custody of his own
things.
CIVIL CODE  [CAP. 16.   
Cases where a 
higher degree of 
diligence is 
required.1900. (1) The provisions of the las t preceding arti cle shall be
applied more rigorously - 
(a) if the depositary has himself offered to receive the
deposit;
(b) if he has stipulated for a r eward for the custody of the
deposit;
(c) if the deposit has been made solely in the interest of
the depositary;
(d) if it has been expressly agr eed that the depositary shall
be answerable for every kind of negligence.
(2) In each of the cases referred to in paragraphs  (a), (b) and  (c)
of sub-article (1) of this artic le, the provisions of sub-artic le (1) of
article 1132 shall apply; and in  the case referred to in paragr aph ( d)
of the same sub-article, the dep ositary shall be liable even fo r the
slightest negligence.
Depositary not 
answerable for 
casual misfortunes 
or loss.1901. A depositary is in no case answerable for accidents
resulting from irresistible force, unless he has been put in de fault
for delay in restoring the thing deposited; nor shall he be
answerable, in the latter case, i f the thing would have equally
perished in the posse ssion of the depositor.
He cannot make 
use of thing deposited.1902. The depositary cannot make use of the thing deposited
without the express or implied consent of the depositor.
He shall not 
attempt to discover what are the things 
deposited. 1903. He shall not attempt to discov er what are the things which
have been deposited with him, if they have been entrusted to hi m in
a closed box or unde r a sealed cover.
Restoration of 
thing deposited ,1904. ( 1 ) T h e  d e p o s i t a r y  m u s t  r e s t o r e  t h e  i d e n t i c a l  t h i n g
which he has received, in the condition in which it may be at t he
time of its restitution.
(2) Any deterioration which occurs through no fault of the
depositary, shall be borne by the depositor.
or of thing received 
in its place.1905. A depositary from whom the thing deposited has been
taken away by irresistible force, and who has received a sum of
money or some other thing in its  place, must restore what he ha s
received.
Duties of heir of 
depositary.1906. The heir of the depositary who has sold in good faith a
thing which he did not know to be a deposit, is only bound to r eturn
the price which he has received, or to assign his right of acti on
against the buyer if the pri ce has not been paid to him.
Where thing 
deposited has 
produced fruits.1907. If the thing deposited has produced fruits which have been
collected by the depositary, he  is obliged to restore them.
To whom 
restoration is to be 
made.1908. The depositary must restore the thing deposited only to the
person who has entrusted it to him, or to the person in whose n ame
the deposit has been made, or to the person who has been appoin ted
to receive back the thing.
  412     [CAP. 16.           CIVIL CODE
Depositary may 
not require 
depositor to prove 
ownership of thing.1909. (1) The depositary cannot require the depositor to prove
that he is the owner of the thing deposited.
(2) Nevertheless, if the depositary discovers that the thing has
been lost or stolen, he must inform the person from whom it was
stolen, or who lost it, of the d eposit which has been made with  him,
allowing him a sufficient time to claim such deposit. If the pe rson
so informed fails to claim the deposit within the said time, th e
depositary is released by deliver ing the deposit to the person from
whom he has received it.
When depositor 
dies, thing is to be 
restored to heir.1910. In case of death of the depositor, the thing deposited can
only be restored to his heir.
Where there are 
several heirs.1911.  If there are several heirs, or if otherwise the thing
deposited belongs to several pe rsons the depositary may not res tore
the thing except with the concurr ence of all of them, unless th e
share of each is determined.
Where status of 
depositor has 
changed. Amended by: 
XLVI.1973.97.1912. If the status of the person who has made the deposit has
changed, as for instance, if a person of age who made the depos it
has been interdicted, in all suc h and similar cases, the deposi tary
who knows of such change of status, cannot restore the deposit
except to the person who has the administration of the rights a nd
property of the depositor.
Where deposit is 
made by tutor , etc.
Amended by:
XXIII.2017. 87.1913. If the deposit has been made by a tutor or curator, or by a
spouse or an administrator, in any of such capacities, it canno t be
restored except to the person whom such tutor, curator, spouse or
administrator represented, if their administration has terminat ed
and the depositary knows of such termination.
Where restitution 
of deposit is to be 
made.1914. (1) The restitution of the deposit must be made at the
place where the thing deposited exists. If another place has be en
specified in the contract, the de positary is bound to take the thing
to such place.
(2) The expenses of removal sha ll be borne by the depositor. 
Time for 
restitution.1915. The deposit must be restored to the depositor as soon as he
demands it, even though the cont ract has fixed a time for the
restitution, unless there is opposition to its restitution, by a
garnishee order or  a judicial demand.
Rights of 
depositary.1916. (1) The depositary may compel the depositor to
withdraw the deposit.
(2) He cannot, however, without just cause, compel him to
withdraw the deposit bef ore the time agreed upon.
Obligations of 
depositary to 
cease, if he is the 
owner of the 
deposit.1917. All the obligations of the depo sitary cease, if he discovers
and proves that he himself is th e owner of the thing deposited.
OF THE OBLIGATIONS OF THE DEPOSITOR
Reimbursement of 
expenses incurred 
by depositary.1918. The depositor is bound to reimburse to the depositary the
expenses which the latter has incurred for the preservation of the
thing deposited and to make good to him all the losses which th e
CIVIL CODE  [CAP. 16.   
deposit may have occasioned him.
Depositary may 
retain deposit until reimbursement of 
expenses.1919. The depositary may retain the deposit until full payment of
what is due to him by r eason of such deposit.
§ II. O F NECESSARY  DEPOSIT
Nature of 
necessary deposit.1920. A necessary deposit is that w hich a person is compelled to
make owing to some calamity, as, for instance, in case of a fir e,
destruction, pillage, shipwreck  or other unforeseen emergency.
Applicability of 
provisions relating 
to voluntary 
deposit.1921. All other provisions relating to voluntary deposit shall
also apply to neces sary deposit.
Sub-title II
OF CONVENTIONAL SEQUESTRATION
Nature of 
conventional 
sequestration.1922. (1) Conventional sequestration is the deposit of a thing
in dispute made in the hands of a third party who binds himself  to
restore it, after the controversy is terminated, to the person to
whom the thing shall be declared to belong.
(2) The subject of a conventional sequestration may be
movable as well as immovable property.
Release of 
sequestrator.1923. The sequestrator cannot be released before the controversy
is terminated, except with the consent of the persons who haveentrusted the thing to him, or for a just cause.
Applicability of 
provisions relating to voluntary 
deposit.1924. The provisions relating to voluntary deposit shall apply to
conventional sequestration.
Title  XX
OF SURETYSHIP
Sub-title I
OF THE NATURE AND EXTENT OF SURETYSHIP
Definition of 
contract of 
suretyship.1925.  Suretyship is a contract whereby a person binds himself
towards the creditor to satisfy the obligation of another perso n, if
  414     [CAP. 16.           CIVIL CODE
the latter fails to satisfy it himself.
Suretyship to be 
only in respect of a valid obligation. 
Amended by: 
XLVI.1973.98.1926. (1) Suretyship can only exist in respect of a valid
obligation.
(2) Nevertheless, suretyshi p may be contracted for an
obligation which can be annulled on some plea personal to thedebtor, as for instance, that of  disability arising from minori ty or
interdiction.
Suretyship cannot 
exceed debt.1927. (1) Suretyship cannot exceed what is due by the debtor,
nor be contracted under more onerous conditions.
(2) It may be contracted for a part only of the debt, and under
less onerous conditions.
(3) The suretyship which exceed s the debt or is contracted
under more onerous conditions shall only be valid to the extent  of
the principal obligation.
Any person may 
become surety 
without knowledge of debtor.1928. (1) Any person may become surety without the request
and even without the knowledge of the party for whom he binds
himself.
(2) A person may also become surety, not only for the principal
debtor, but also for his surety.
Suretyship cannot 
be presumed.1929.  Suretyship cannot be presumed, it must be expressed; and
it cannot be extended beyond the limits within which it has bee n
contracted.
Suretyship in 
general terms.1930. (1) A suretyship contracted for a principal obligation, in
general terms, extends to all accessories of the debt.
(2) It also extends to the expenses necessarily incurred for
obtaining payment provided the creditor, before commencing theproceedings giving rise to such expenses, gives notice thereof to
the surety, by means of a judicial act.
(3) The expenses of such act are included in the expenses to
which the suretyship extends.
Qualifications of 
surety.1931.  A debtor who is obliged to produce a surety must offer a
person who is capable of entering  into contracts, who has suffi cient
property to answer for the subject-matter of the obligation, an d
whose domicile is in Malta.
Where surety 
becomes insolvent.1932. (1) When a surety accepted by the creditor, whether
voluntarily or by order of the court, afterwards becomes insolv ent,
the debtor must produce another.
(2)  An exception to this rule is made only where the surety has
been given in virtue of a cove nant by which the creditor has
required that particular person as surety.
Wife may not be 
surety of husband. 
Substituted by: XLVI.1973.99.1933. Repealed by article 83 of Act XX1 of 1993.
Sub-title II
CIVIL CODE  [CAP. 16.   
OF THE EFFECTS OF SURETYSHIP
§ I. OF THE EFFECTS OF SURETYSHIP AS BETWEEN CREDITOR 
AND SURETY 
When surety is 
bound to pay.1934.  The surety is only bound to pay in the event of the default
of the principal debtor whose pr operty must first be discussed.
When benefit of 
discussion does not apply.1935.  The benefit of discussion shall not apply -
(a)  if the surety has renounced such benefit;
(b) if the surety has bound himself, jointly and severally,
with the debtor;
(c) if the debtor can set up a personal plea, such as those
mentioned in article 1926;
(d) if the debtor has become insolvent.
Liability of 
creditor , when 
benefit of 
discussion is 
admitted. Cap. 12.1936.  When the benefit of discussion has been admitted, the
creditor is, to the extent of the property stated in the list p roduced
in accordance with the provisions contained in Sub-title VIII o f
Title II of Book Third of the Code of Organization and Civil
Procedure , liable towards the surety for the insolvency of the
principal debtor which has sup ervened in consequence of the
creditor himself having delayed the institution or proceedings or
the prosecution with due diligen ce of the proceedings commenced .
When several 
persons have 
become sureties for the same debtor.1937. (1) When several persons have become sureties for the
same debtor and the same debt, each one shall be liable for the
whole debt.
(2) Nevertheless, each one of them may, unless he has
renounced the benefit of division, or unless he has bound himse lf
jointly and severally with the debtor, demand that the creditor
should divide his action and re duce it to the share due by each
surety.
Insolvency of co-
sureties.1938.  If, at the time when one of the sureties has obtained such
division, some of them are insolvent he is liable proportionate ly for
the shares of those who are inso lvent; but no claim can be made
against him in respect of the sh are of any other surety who bec omes
insolvent subsequently to the division.
Division of action 
by creditor.1939. If the creditor has himself voluntarily divided his action,
he may not repudiate such division, even though there were
insolvent sureties previously to  the time when he consented to such
division.
Liability of 
surety’s surety.1940. A surety for the surety is not  liable towards the creditor,
except where the principal debtor  and all the sureties are inso lvent,
or have been released consequent on some plea personal to the
debtor and to the sureties.
Surety in 
commercial 
matters.1941. In commercial matters, the surety is always, in the absence
of an agreement to the contrary, presumed to be bound jointly a nd
severally with the debtor.
  416     [CAP. 16.           CIVIL CODE
§ II. O F THE EFFECTS OF SURETYSHIP AS BETWEEN DEBTOR 
AND SURETY
Right of relief of 
surety against principal debtor.1942. (1) A surety who has paid has a right to relief against the
principal debtor, whether the suretyship has been contracted wi th
the consent of the debtor or without his knowledge.
(2) This right of relief shall extend both to the capital and to
the interest and expenses:
 Provided that with regard to expenses, the surety has no right  to
relief except for those incurred after he has, by means of a ju dicial
act, given notice to the principal debtor of the molestations w hich
he has sustained.
Interest and 
damages due to surety.1943. (1) He may also claim relief for interest on any sum that
he has paid for the debtor, although the debt did not yield int erest,
as well as for damages, if any.
(2) The interest, however, which was not due to the creditor,
does not run in favour of the surety, except from the day on wh ich
the latter shall have, by means of a judicial act, given notice  to the
debtor of the payment made.
Where suretyship 
is given against 
will of debtor.1944. If the suretyship has been contracted against the will of the
debtor, the surety shall not be entitled to relief against the debtor
except to the exte nt of the advantage accruing to him.
Effect of payment 
by surety.1945. A surety who has paid the debt succeeds ipso jure to all the
rights which the creditor had against the debtor; saving always  the
provisions of article 1167 where a part only of the debt has be en
paid.
Right of relief of 
surety where there 
are several debtors 
jointly and severally liable.1946. When there are several principal debtors jointly and
severally bound for the same debt , the person who stands surety  for
all of them, has against each one of them a right of relief for  the
whole of the amount he has paid.
When surety 
forfeits his right of relief against 
debtor.1947. (1) A surety has no right to relief against the principal
debtor, if the latter, not having been notified by the surety o f the
payment made by him, pays as well.
(2) A surety who has paid withou t having notified the principal
debtor, has no right to relief against the latter, if, at the t ime of the
payment, the debtor was in possession of such means as would ha ve
enabled him to have the debt declared extinct.
(3) In each of the aforesaid cases the right of the surety to an
action for recovery against the creditor remains unimpaired.
When surety may 
proceed against 
debtor to be indemnified.1948. A surety, even before paying, may proceed against the
debtor to be indemnified by him -
(a) if he has been sued for payment;
(b) if the debtor has become bankrupt or insolvent, or his
condition has altered and there is a reasonable
apprehension of insolvency;
(c) if the debtor has undertak en to release him from the
CIVIL CODE  [CAP. 16.   
suretyship within a specified time, and such time has
elapsed;
(d) if the debt has become due by the expiration of the
time agreed up on for payment;
(e) if the debtor is in default for delay in payment;
(f) at the expiration of two years, where no time has been
fixed for payment, and the obligation is not, of its
nature, such that it cannot be extinguished before a
longer time.
§ III. O F THE EFFECTS OF SURETYSHIP AS BETWEEN 
CO-SURETIES
Rights of co-
sureties as between themselves.1949. (1) Where several persons hav e become sureties for the
same debtor and for the same debt, the surety who has paid thedebt, has a right to relief agains t the other co-sureties for t heir
respective shares.
(2) The surety is entitled to such relief only if he has paid in
any of the cases mentioned i n the last preceding article.
Insolvent co-
sureties.1950.  A surety who has discharged the debt may only claim from
each of his co-sureties the amount for which each co-surety is
liable and is himself liable, together with the other co-sureti es, for
contribution in respect of the shares of the insolvent sureties , even
though, on paying, he may have obtained from the creditor an
express assignment of  the latter’s rights.
Sub-title III
OF LEGAL AND JUDICIAL SURETYSHIP
Qualifications of 
surety.1951. Where a person is required by law or by an order of the
court to produce a surety, the surety offered must have the
qualifications mentioned in article 1931.
Pledge may be 
given if a surety cannot be found.1952. A person who cannot find a surety may in lieu thereof give
a pledge or other security suffi cient for the di scharge of the debt.
  418     [CAP. 16.           CIVIL CODE
Legal or judicial 
surety cannot claim 
the beneficium 
escussionis as 
against the 
principal debtor.1953.  A legal or judicial surety cannot demand the discussion of
the principal debtor.
Surety for legal or 
judicial surety may 
claim discussion of 
the latter.1954.  A person who has only bound himself as surety for a legal
or judicial surety may claim the discussion of the latter.
Saving clause. 
Cap. 12.1955. The provisions of this sub-title shall not be in derogation
of the provisions contained in the Code of Organization and Civil
Procedure .
Sub-title IV
OF THE EXTINGUISHMENT OF SURETYSHIP
Extinguishment of 
obligation from suretyship.1956. The obligation which arises from suretyship is
extinguished for the same causes as all o ther obligations.
Where merger 
takes place in the person of the 
debtor and his 
surety.1957. The merger which takes place in the person of the
principal debtor and his surety, when the one becomes the heir of
the other, shall not operate so as to extinguish the right of a ction of
the creditor against the person who has become surety for the
surety.
Pleas which surety 
may set up against the creditor.1958. A surety may set up against th e creditor all the pleas which
appertain to the principal debtor, and which are inherent in th e
debt; but he may not set up pleas which are purely personal to the
debtor.
Release of surety 
where subrogation 
cannot take place.1959. A surety, even if jointly and severally bound, is released,
if the subrogation to the rights, hypothecs, and privileges of the
creditor cannot take place in his favour owing to the fault of the
creditor.
Where creditor 
releases one of his 
sureties without the consent of the 
others.1960. If the creditor releases one of his sureties without the
consent of the others, such rele ase operates in favour of the o ther
sureties to the extent of the share of the surety so released.
Acceptance by 
creditor of 
immovable or other property in 
payment of debt.1961. Where the creditor voluntarily  accepts immovable or other
property in discharge of the principal debt, the surety is rele ased,
even though the cr editor is afterwards evicted from such proper ty.
Extension of time 
does not release 
surety.1962. The mere extension of time granted by the creditor to the
principal debtor does not release the surety, who may, in such case,
proceed against the debtor to c ompel him to effect payment.
Duration of 
obligation of 
surety.1963. The surety who has limited his obligation to the same term
which was granted to the principal debtor shall continue to be
bound even beyond that term, for all the time which may be
necessary to compel the debtor to effect payment, provided thecreditor, within two months from the expiration of such term,
commences proceedings a nd prosecutes them w ith due diligence.
CIVIL CODE  [CAP. 16.   
Title  XXI
OF CONTRACTS OF PLEDGE
Definition. 
Substituted by: 
LVIII.1975.11.1964. (1) Pledge is a contract created as a security for an
obligation. The pledge may be given either by the debtor himsel f or
by a third party for the debtor.
(2) The things that may be given as a pledge are movable
things and debts and other righ ts relating to movable things.
Pledge of movable 
things. 
Substituted by: 
LVIII.1975.12.1965. (1) The pledge of movable things is constituted by the
delivery to the creditor of the  thing pledged or of the documen t
conferring the exclusive right t o the disposal of the thing.
(2) The thing pledged or the document aforesaid may also be
delivered to a third party selected by the parties to the contr act or
placed in the custody of both par ties in such a way that the pa rty
giving the pledge may not dispose of it without the co-operatio n of
the creditor.
Effects of pledge. 
Amended by: 
IV .1907.1. Substituted by: 
LVIII.1975.13.1966. (1) A pledge confers upon the creditor the right to
obtain payment out of the thing pledged with privilege over oth er
creditors as provided in Title XXIII.
(2) The said privilege exists over the thing pledged only if suc h
thing or the document relating to it has been delivered or plac ed in
custody as provided in article 1965 and only so long as such th ing
or document remains in the possession of the creditor or of the  third
party selected by the parties or in the custody of both parties  as
aforesaid.
(3) Where the thing pledged is a debt or other right in respect
of which there is no such document as is referred to in article  1965,
the said privilege shall not arise unless the pledge results fr om a
public deed or a private writing, and either notice of the pled ge has
been given by a judicial act served on the debtor of the debt o r
other right or such debtor has  in writing acknowledged the pled ge.
(4) Where such debt or other right results from a document, the
person giving the pledge shall, except where the document is a
public deed, be bound to deliver the document to the creditor.
Retention of 
pledge for other 
debts.1967. If the same debtor contracts another debt with the same
creditor subsequently to the delivery of the thing pledged, the
creditor, in the absence of an agreement to the contrary, shall  have,
in respect of the second debt, the same rights on the thing ple dged
as are competent to him in resp ect of the prior debt, even thou gh it
has not been expressly agreed that the pledge should be made li able
for the payment of the second debt.
Where the thing 
pledged is a debt. 
Substituted by: 
LVIII.1975.14.1968. (1) Where the thing pledged is a debt, the pledgee shall
be responsible for the  collection of such debt on maturity, and  shall
place the moneys or other thing s received either as agreed or,
failing such agreement, as the court may determine.
  420     [CAP. 16.           CIVIL CODE
(2) If the debt secured by the pledge is due, the pledgee may
retain, from any moneys received as aforesaid, an amount suffic ient
to satisfy his rights and shall deliver the remainder to the pl edgor;
and if the thing received is not  money, he may proceed with the  sale
of the thing as provided in article 1970.
(3) The creditor of a debt secure d by the pledge of another debt
may, at any time after his debt becomes due, demand that the de bt
pledged in his favour be assigned to him in payment up to theamount of his debt.
(4) The debtor of a debt given in pledge may oppose to the
creditor of the debt secured thereby all the pleas which he cou ld
have set up against his own creditor; but if such debtor has hi mself
accepted without reservation the giving of the debt in pledge, he
may not oppose to the creditor of the debt so secured any
compensation that may have taken place before the giving of the
pledge.
Pledge of thing not 
belonging to pledgor. 
Amended by: 
XLIX.1981
.6.1969. (1) The thing given as a pledge by a person to whom it
does not belong is validly pledged, and the owner cannot recove r it,
except on payment of the debt in  respect of whic h it was pledge d.
(2) This provision except as regar ds Il-Monti shall not apply in
the following cases:
(a) when it is shown that the p ledgee was in bad faith;
(b) when the thing pledged is proved to have been stolen,
and the pledgor could not, presumably, have been the
owner thereof.
Sale of pledge by 
auction. 
Amended by: 
IV .1907.2 ,3; 
XXXIX.1976.8.1970. (1) The creditor, unless such creditor be Il-Monti,
cannot dispose of the thing pledged in case of non-payment: but  he
may cause the thing to be sold by auction under the authority o f the
court.
Power of the court 
in case of pledges 
having a stock 
exchange or market value.(2) The demand of the creditor for such sale may be made even
by means of an application and it shall be lawful for the court  upon
such application to order the sale of the thing pledged, if the  debtor
or his lawful representative, duly served with a copy of suchapplication with a time of three days within which to file an
answer, fails to file such answer or makes no opposition to the
demand.
Cap. 12.(3) It shall be lawful for the court, on good cause being shown,
to abridge at its discretion the times fixed in articles 256 an d 312
and in the latter part of sub-article (3) of article 314 of the  Code of
Organization and Civil Procedure .
(4) If the thing pledged has a st ock exchange or market price, i t
shall be lawful for the court, o n the application of the credit or, to be
served upon the debtor or his lawful representative, to order t hat
the sale of the thing pledged, even though such sale be in exec ution
of a judgment, be carried out, instead of by auction, by means of a
public broker or a bank or other  banking institution to be appo inted
by the court.
(5) The application referred to in the last preceding sub-articl e
CIVIL CODE  [CAP. 16.   
of this article may not, except where the sale of the pledge is  in
execution of a judgment, be made by the creditor until after th e
lapse of three days from the service of an intimation, calling upon
the debtor or his lawful representative to pay the debt within the
said time and warning him that i n default of payment, proceedin gs
will be taken for the sale of the pledge.
(6) In no case shall the opposition of the debtor to the sale of
the pledge as provided in sub-ar ticle (4) of thi s article opera te so as
to prevent or delay such sale, saving the right of the debtor t o
maintain an action for damages, where competent.
(7) In the case referred to in sub-article (4) of this article t he
court may, if the creditor is a bank or other banking instituti on,
authorize such creditor to sell the pledge at the current price , saving
the right of the debtor to maintain an action for damages, wher e
competent.
(8) The public broker, or the bank or other banking institution
referred to in this article shall, within twenty-four hours fro m the
receipt of the proceeds of the sale of the pledge, pay such pro ceeds
into the court by which the sale was ordered, after deducting
therefrom any expenses and c ommission which may be due.
When debtor may 
demand sale of 
pledge.1971. The debtor also may, after the debt has fallen due, or even
before if the time for payment was not stipulated in favour of the
creditor, demand in the manner p rescribed in the last preceding
article the sale of the pledge in order to pay the debt in resp ect of
which the pledge was given.
When the thing 
pledged cannot be 
preserved without 
deterioration.1972. The sale of the pledge may be demanded at any time both
by the debtor and by the creditor if it is shown that the thing
pledged can no longer be pres erved without deterioration.
Certain covenants 
are void.1973. Any covenant allowing the creditor to appropriate the
thing pledged, or to dispose of it without complying with the
formalities prescribed in articl e 1970 or depriving the credito r or
the debtor of the right to demand the sale of the pledge as pro vided
in articles 1970, 19 71 and 1972 is void.
Debtor to remain 
the owner of the 
thing pledged.1974. The debtor remains the owner of the thing pledged until he
is divested of the ownership thereof.
Liability of 
creditor.1975. (1) The creditor is liable for the loss or deterioration of
the thing pledged resulting from his negligence.
(2) The debtor is bound on his part to refund to the creditor an y
expenses which the latter may ha ve incurred for the preservatio n of
the pledge.
Fruits. 1976. The fruits of the pledge shall be deemed to form a part
thereof, and shall be subject to all the rights of the creditor  as the
pledge itself.
How interest or 
other profits of pledge are to be 
appropriated.1977. (1) If the thing pledged bears interest or yields other
profits, the creditor shall appr opriate such interest or profit s to the
interest which may be due to him.
(2) If the debt in security of which the pledge was given does
  422     [CAP. 16.           CIVIL CODE
not bear interest, the appropria tion shall be made to the princ ipal of
the debt.
(3) Any covenant contrary to the provision of this article is
null.
Abuse of pledge by 
creditor. 1978. In case of abuse of the pledge on the part of the creditor,
the debtor may demand that the thing pledged be deposited with a
third party, in order to safeguard the rights of the creditor a nd of the
debtor.
Restitution of 
pledge to debtor.1979. The debtor cannot claim the restitution of the thing
pledged until he has wholly paid the principal, interest andexpenses of the debt for w hich the pledge is liable.
Creditor may make 
use of pledge.1980. The creditor may, with the cons ent of the debtor, make use
of the pledge, saving the provisions of article 1977 in case th e
creditor should derive an advantage therefrom.
Use of pledge 
without debtor’s 
consent to be 
deemed abuse. 1981. The use of the thing pledged made by the creditor without
the consent of the debtor shall be deemed to be an abuse thereo f,
and the creditor shall be liable  to the consequences mentioned in
article 1978, and shall, moreover, be bound to make theappropriation referred to in article 1977, if he has derived an y
advantage from such use.
Sub-pledging of 
thing pledged with 
debtor’s consent.1982. The creditor who with the consent of the debtor sub-
pledges the thing which he holds by way of pledge shall continu e to
be liable for any loss of or injury to the thing pledged, which  is
caused by negligence, as well as f or the restitution of the ple dge at
the time when such restitution is due.
Sub-pledging of 
thing pledged without debtor’s 
consent.1983. The creditor who without the consent of the debtor sub-
pledges the thing which he holds  by way of pledge, shall be lia ble
also for any loss or injury caused by a fortuitous event, where  the
thing pledged would not have been lost or injured if it had rem ained
in the possession of the creditor.
Use of pledge by 
sub-pledgee.1984. If the person to whom the thing has been given by the
creditor by way of sub-pledge, ma kes use thereof, the provision s of
articles 1980 and 1981 shall apply in favour of the debtor who had
given such thing to the cr editor by way of pledge.
Indivisibility of 
pledge.1985. (1) A pledge is indivisible, notwithstanding the
divisibility of the debt between the heirs of the debtor or the  heirs
of the creditor.
(2) The heir of the debtor who has discharged his share of the
debt cannot demand the restitution of his share of the pledge u ntil
the whole debt has been discharged.
(3) On the other hand, t he heir of the cred itor who has received
his share of the debt, cannot return the pledge to the prejudic e of
the unpaid co-heirs.
Saving clause as to 
advances on goods 
in commercial 
transactions.1986. The provisions of this Title shall not affect other laws and
usages in force touching the rights of creditors in respect of
advances made on goods, in c ommercial transactions.
CIVIL CODE  [CAP. 16.   
Title  XXII
OF ANTICHRESIS
Definition of 
contract of 
antichresis. 
Amended by: XXX.1981
.13; 
XX.1984 .3; 
V .1993 .3.1987. (1) Antichresis is a contract whereby a creditor acquires
the right to collect the fruits of an immovable belonging to hi s
debtor, subject to his obligati on of deducting annually such fr uits
from the interest if any be due to him, and then from the princ ipal
of the debt.
(2) Antichresis can only be cr eated by virtue of a writing.
(3) Any antichresis created by virtue of a public deed before
the 28th February, 1961, for a period exceeding thirty years, i s
deemed to be a sale, provided th e said public deed is enrolled in the
Public Registry as a tra nsfer by title of sale.
(4) The enrolment referred to in sub-article (3) of this article
may be made at any time by the creditor or by any person derivi ng
title from the creditor.
Liabilities of 
creditor.1988. (1) The creditor is bound, unless it has been otherwise
agreed, to pay the ground-rent and other burdens to which theimmovable which he holds in antichresis is subject.
(2) He must also provide for th e maintenance and the necessary
repairs of the immovable.
(3) All the expenses for the above purposes shall be deducted
from the fruits.
Resumption of 
enjoyment of immovable.1989. (1) The debtor cannot, before he has wholly satisfied his
debt, resume the enjoyment of the immovable which he has givenby way of antichresis.
(2) Nevertheless, the creditor who wishes to release himself
from the obligations mentioned in the last preceding article, c an
always compel the debtor to resume the enjoyment of theimmovable, unless he has renounced such right.
Ownership of 
immovable not to vest in creditor.1990. (1) The creditor does not become the owner of the
immovable by the mere default of payment at the time agreed upo n;
and any agreement to the contrary is void.
Cap. 12.(2) In default of payment, he may sue for the sale of the
immovable by judicial auction according to the provisions of th e
Code of Organization and Civil Procedure .
Setting off of fruits 
against interest. 
Amended by: 
XXXIX.1961.21991. The contracting parties may stipulate that the fruits be set
off against the interest, in whole or in part, even though the interest
agreed upon may thus be exceeded , provided the interest shall n ot
thereby exceed the rat e of eight per cent per annum.
Applicability of 
provisions relating to pledge. 
Substituted by: 
LVIII.1975.15.1992. (1) Antichresis may be given by a third party for the
debtor.
(2) The provisions of articles 1979 and 1985 shall also apply to
antichresis.
  424     [CAP. 16.           CIVIL CODE
Rights of third 
parties on 
immovable 
subjected to antichresis.1993. (1) Nothing in this Title shall affect the rights which
third parties may have on the im movable subject to antichresis.
(2) If the creditor who hold s the immovable by way of
antichresis, enjoys, independently of such antichresis, any rig ht of
privilege or hypothec lawfully created on such immovable, he ma y
exercise such right of privilege or hypothec in the order compe tent
to him and as any other creditor.
Title  XXIII
OF PRIVILEGES AND OF HYPOTHECS
Debtor’s property 
to be subject to his 
liabilities.1994. Whosoever has bound himself personally, is obliged to
fulfil his obligations with all h is property, present and futur e.
Debtor’s property 
to constitute 
common guarantee of his creditors.
Amended by:
VIII.2010
.61.1995.  (1) The property of a debtor is the common guarantee of
his creditors, all of whom have a n equal right over such proper ty,
unless there exist between them lawful causes of preference orthere shall have been a transfer of any property by way of secu rity
or a transfer under a security t rust for such purpose in accord ance
with this Code.
(2) Property is lawfully transferred by way of security, if made
in accordance with article 2095E or articles 2095F to 2095I andsuch transfer shall not be subject  to re-characterisation as an y other
contract.
(3) Creditors of the transfer or may impeach any transfer by
way of security as aforesaid if the transfer is made in fraud o f their
rights. For the purposes of artic le 1144 such transfers shall b e
considered to be onerous and in case of a security trust, the c reditor
must prove fraud on the part o f both the transferor and the
transferee but it shall be sufficient if he proves fraud either  on the
part of the security trustee or o n the part of the beneficiary whose
interest is being secured thereby.
Causes of 
preference.1996. The lawful causes of prefere nce are privileges, hypothecs
and the benefit of the s eparation of estates.
Right of creditor to 
modify own rights.
Added by:
V .2006 .26.
Substituted by:
XV.2009 .52.1996A.  (1)  It shall be lawful for a creditor to subordinate,
postpone, waive or otherwise modify his existing or future righ ts of
payment, enforcement, ranking and  other similar existing or fut ure
rights in favour of another person.
Such subordinatation, postponement, waiver, modification
or similar action may be made by agreement with or by unilatera l
declaration to any person, including another creditor, whether
determined or yet to be determined at the time of the entry of such
agreement or the maki ng of such declaration.
The words "creditor" and "person" as used in this article
shall include a class of credito rs or a class of persons, as th e case
may be, whether the members of either such class are determinat e
or yet to be  determined.
CIVIL CODE  [CAP. 16.   
(2) Notwithstanding that the right may arise from a public
deed, be registered in a public register or be subject to any o ther
formality, an agreement or declar ation as contemplated by this
article shall be valid and enfor ceable between the relevant par ties if
made in writing without the need of any other formality or
registration:
Provided that such agreem ent or declaration may be
registered by any party to such agreement and by any maker of s uch
declaration -
(a) at the ship registry by means of an annotation,
(b) at the aircraft registry by means of an annotation,
(c) in all other cases, at the Public Registry by means of a
note,
and in such case it shall have e ffect in relation to third part ies.
(3) Such subordination, postponement, waiver, modification or
other similar action in respect of any existing or future right s may
be governed by a trust instrument in terms of which rights of a ny
persons, including creditors or debtors, present or future, are
regulated.
(4) Any agreement or declaration as referred to in sub-article
(1) hereof shall be valid and enforceable in accordance with it s
terms, and shall not be affected  by the insolvency of any perso n
bound by or entitled under such a greement or unilateral declara tion
or of the relevant debtor.
Right of retention. 
Amended by:LVIII.1975.16;
VIII.2010
.61.1997. (1) The provisions of this Title shall not affect the right
of retention in cases in which such right is competent accordin g to
law.
Cap. 234.
Cap. 503.(2) The said provisions shall not apply to ships or aircraft, or  to
debts to which ships or aircraft  may be subject except so far a s they
are consistent with the provisions of the Merchant Shipping Act  or
of the Aircraft Registration Act , as the case may be.
(3) Nor shall the said provisions apply to debts in respect of
advances made on goods in commercial transactions, except so fa r
as such provisions are consistent with other existing laws and
usages.
Saving as to 
previous laws.1998. The provisions of this Title excepting those contained in
Sub-title V shall not affect the provisions of previous laws as
regards privileges and hypothecs  created before the 11th Februa ry,
1870.
Sub-title I
OF PRIVILEGES
  426     [CAP. 16.           CIVIL CODE
Definition of 
privilege.1999. Privilege is a right of preference which the nature of a debt
confers upon a creditor over the other creditors, including
hypothecary creditors.
General or special 
privileges.2000. Privileges may exist over movables as well as over
immovables. They are either general or special.
Effects. 2001. (1) A  general privilege extends over all property in
general.
(2) A special privilege affects certain particular movables or
immovables.
Privileges not 
inherent in property.
Substituted by:
VIII.2007
.15.2002. (1) Special privileges over movables, except those
specified under sub-article (2), and general privileges as refe rred to
in article 2003, cease to exist if  the property passes into the  hands
of a third party.
(2) Special privileges over immovables and those movables
which the Minister shall, from time to time, establish shall co ntinue
to attach to such immovables or movables whatever transfers to
other persons take place.
§ I. OF GENERAL  PRIVILEGES
Claims secured by 
general privilege.2003. The privileged debts over a ll property in general, are:
(a) judicial costs;
(b) funeral expenses;
(c) death-bed expenses;
(d) wages of servants;
(e) supplies of provisions.
Judicial costs. 2004. (1) The judicial costs which are privileged are the costs
incurred in making up the inventory, or otherwise incurred for the
common benefit of the creditors, including the costs necessary for
carrying out the sale of the property and for distributing the
proceeds thereof.
(2) The costs incurred by a creditor in respect of the debt due to
him and which are not advantageo us to the other creditors, are
considered as accessory to the debt itself.
Funeral expenses. 2005. The funeral expenses which are privileged are the
expenses which, according to custom and within the limits ofdecency, are incurred in connection with the removal and burial  of
the dead body, and with t he religious services.
Death-bed 
expenses.2006. (1) The death-bed expenses which are privileged are the
charges of the physician, surgeon, obstetrician, midwife or
apothecary, and the expenses inc urred for nursing the sick pers on.
(2) In the case of a chronic illness, the privilege applies only  to
the expenses incurred in the las t two months pr eceding the deat h. 
CIVIL CODE  [CAP. 16.   
Wages of servants. 2007. The wages of servants which ar e privileged are only those
due in respect of the two months preceding the opening of the
competition for the ranking of c reditors, or the death of the d ebtor. 
Supplies and 
provisions.
Substituted by:VIII.2007
.16.
Amended by:
L.N. 407 of 2007 .2008. The supplies and provisions which are privileged include
all objects that are necessary for the support of the debtor an d his
family, and which shall, for all intents and purposes of law, n ot
exceed the sum of three thousand and four hundred and ninety-fo ur
euro and six cents (3,494.06) or such other amount as the Minis ter
responsible for justice may from time to time prescribe:
P r o v i d e d  t h a t  i n  t h e  c a s e  o f  a  w i d o w  o r  a  w i d o w e r  o r  o f
their dependants, the sum shall be five thousand and eight hund red
and twenty-three euro and forty-three cents (5,823.43) or such other
amount as the Minister responsible for justice may from time to
time prescribe.
§ II. O F SPECIAL PRIVILEGES
OF PRIVILEGES OVER PARTICULAR MOVABLES
Privileged claims 
over particular 
movables. 
Amended by: VII.1944.4; 
II.1966.4; 
XLVI.1973.100.2009. The privileged debts over particular movables are:
Pledgee. (a) the debt due to the pledgee, over the thing which he
holds as a pledge;
Hotel-keeper. (b) the debt due to a hotel-keeper for accommodation
provided or supplies furnished to a guest, over the
effects of such guest, so long as such effects exist inthe hotel or house of  the hotel-keeper;
Carriage expenses. (c) the debt due for the carriage of goods, over the goods
carried;
Price of thing. (d) the debt due in respect of the price of a thing, whether
the sale has been effected with a stipulation as to credit
or without such stipulation; and the debt due forlabour, supplies or expenses, bestowed, furnished or
incurred in the production or for the preservation or
improvement of a thing, over the thing itself, saving,with regard to the seller, the provisions of article 1439.
Advocates and 
legal procurators. This privilege applies also to the debt due to the
advocate and legal procurator for their fees in respect
of the action for the recovery of a thing, over the thing
itself, if recovered; as well as to the debt due to theperson disbursing the expenses incurred in such
action;
Dominus  and 
lessor.(e) the debt due to the dominus  for ground-rent, and the
debt due to the lessor for the rent of an immovable,over the fruits, and over the value of all things which
  428     [CAP. 16.           CIVIL CODE
serve for the furnishing or stocking, or for the
cultivation of the tenement, to whomsoever such fruits
or other things may belong:
 Provided that such privilege shall not be available to
the proprietor or the less or if the said products or
things belong to or are held by or on behalf of any
department of the Government of Malta in any case inwhich such department is not  itself directly liable for
the payment of the debt.
 This privilege applies also to indemnities due to the
dominus  or to the lessor for the repairs which the
emphyteuta or the lessee has failed to carry out, and
for the non-performance of any other covenant of the
contract.
 It shall be lawful for the dominus  and the lessor to
seize, or attach by a garnis hee order the movables with
which the tenement was furnished or stocked or which
served for its cultivation if such movables have beenremoved elsewhere without their consent, and they
preserve their privilege over such movables provided
they make the demand for the issue of the warrantwithin fifteen days from the day on which the said
movables have been so removed.
OF PRIVILEGES OVER IMMOVABLES
Privileged 
creditors over immovables.2010. The privileged creditors over immovables are:
Dominus . (a)t h e  dominus , over the dominium utile  o f  t h e
emphyteutical tenem ent, for the debt due to him by the
emphyteuta in respect of ground-rent and for the
performance of the other obligations arising from the
emphyteutical contract;
Architects , etc. (b) architects, contractors, m asons and other workmen,
over the immovable constructed, reconstructed or
repaired, for debts due to them in respect of the
expenses and the price of their work.
Person supplying 
money or 
materials. The same privilege is competent to the person who
has, by means of a public deed, supplied money or
materials for the constructio n, reconstruction or repair
of the immovable, or for the payment of the workmenemployed on such work, provided it is shown by the
said deed that the supply w as made for that purpose,
and it is proved that the work was carried out or thepayments to the workmen made, with the materials or
out of the money supplied.
Third party in 
possession. The same privilege is also competent to a third party
in possession, over the immovable of which he has
CIVIL CODE  [CAP. 16.   
been dispossessed, for the repairs and improvements
made in or on such immovable.
 The said privilege, in case of repairs neces sary for the
preservation of the immovable extends to the wholeamount of the debt; in any other case, it is limited to
the sum corresponding to the increase in the value of
the immovable resulting from  the works or expenses;
Vendor or other 
alienor.(c) the vendor or any other alienor, whether under an
onerous or a gratuitous title, over the immovable soldor alienated by means of a public deed, for the whole
or the residue of the price, or for the performance of
the covenants stipulated in the deed of sale oralienation.
Lender of money 
for the payment of 
price. The same privilege is competent to the person who
has, by means of a public deed, supplied in whole or in
part the money for the payment of the price agreedupon, provided it is shown by the deed of loan that the
money was supplied for that purpose, and it is proved
that the money taken on loan has been paid to thevendor or other alienor.
 If there are several successive alienations, the first
alienor is preferred to the second, the second to the
third, and so on;
Co-heirs. (d) co-heirs and other co-partitioners, over the
immovables which were the su bject of the partition, in
case of eviction of the immovables divided between
them, and for any compensation or owelty of partition;
Advocate and legal 
procurator.(e) the advocate and the legal procurator, for the fees due
to them for their services in the action for the recoveryof the immovable, and the person disbursing the
expenses of the said action, over the immovable, if
recovered.
Sub-title II
OF HYPOTHECS
Definition of 
hypothec. 2011. (1) Hypothec is a right created over the property of a
debtor or of a third party, for the benefit of the creditor, as  security
for the fulfilment of an obligation.
(2) Hypothec is of its nature indivisible, and it exists in its
entirety over all the things so charged, over each of such thin gs and
over every portion thereof.
  430     [CAP. 16.           CIVIL CODE
Kinds of hypothec. 
Substituted by:
LVIII.1975.17.
Amended by:VIII.2007
.17.2012.* (1) A hypothec is general or special: it is general when it
affects all the property present and future of the debtor; it i s special
when it affects only one or more:
(a) particular immovables of the following kind:
(i) things which are immovable by their nature, and
products of such immovables so long as they are
not separated thereform;
(ii) the right of usufruct over the said immovables,
during the continuance of such right;
(iii) the dominium directum  over the said
immovables given on emphyteusis, and the
dominium utile  over such immovables; and
(b) particular movables as the Minister may, from time to
time, establish.
(2) A hypothec is legal, judicial or conventional: it is legal i f it
arises by operation of law; it is judicial if it originates fro m a
judgment; it is conventional if i t is established by contract.
Effects of hypothec 
when property 
passes to a third party. 
Substituted by:
LVIII.1975.18.Amended by:
VIII.2007
.18.2013.†(1) A special hypothec continues to attach to any
immovables charged therewith as defined in article 2012(1)( a) and
movables charged therewith under sub-article (1)( b) of the said
article into whosoever’s possession such immovable or movable
may pass.
(2) A general hypothec attach es to the property affected
thereby only so long as such property does not pass into the ha nds
of a third party.
(3) For the effects of a hypothec, a debt or an action which has
been assigned shall not be deemed to have passed into the hands  of
a third party so long as the assignee has not collected the deb t or
obtained the thing forming the subject of the action, except in  cases
of debts or actions arising from bills of exchange or otherdocuments of title transferabl e by endorsemen t or delivery.
Hypothec may be 
created for 
indeterminate 
obligation.2014. A hypothec can be created even in regard to an
indeterminate obligation, provided the object thereof be
determinate.
Hypothec is 
subject to 
rescission as principal 
obligation.2015. If the right of the debtor over the thing affected by the
hypothec is subject to a suspensive condition or is subject to
dissolution or annulment, the hypothec is likewise conditional or
subject to dissolution or rescission, saving the provisions of article
1791.
*This article, as substituted by Act LVIII of 1975, applies to all hypothecs arising or
contracted before 1st January, 1976. † This article, as substituted by Act LVIII of 1975, applies to  all hypothecs arising or
contracted before 1st January, 1976. However, until the expirat ion of ten years after
the said date, and subject to all other provisions of this Code , a general hypothec
registered before the 1st January, 1976 shall continue to attac h to immovables charged
therewith, even if such immovable s are acquired after the 1st J anuary, 1976, as if the
provision of this Code were still operative as in force prior t o the substitution effected
by Act LVIII of 1975.
CIVIL CODE  [CAP. 16.   
Special hypothec 
in addition to 
general hypothec.
Substituted by:LVIII.1975.19.
Amended by:
VII.1985
.3;
VIII.2007 .19.2016.*(1) The creditor of a debt secured by a general hypothec
and whose rights are not otherwi se already adequately secured,
shall have, and may cause to be registered, as a further securi ty of
the same debt, a special hypothe c over such of the immovable an d
movable property of the debtor which are of a kind referred to in
article 2012 and which are of a v alue sufficient to secure the debt as
provided in article 2063.
(2) The right conferred by sub-ar ticle (1) of this article shall  be
exercisable by means of a note presented to the Director of thePublic Registry for registration and signed by any person who,
according to article 2045, could have signed the note in respec t of
the general hypothec and in the case of debtors resulting from a
public deed by means of a note signed by any notary public; but  the
exercise of such right shall be without prejudice to the rights  of the
debtor to demand the reduction or cancellation of the registrat ion in
accordance with the p rovisions of Sub-title V of this Title.
Cap. 296.(3) Where the immovable property of the debtor over which is
to be registered the special hyp othec referred to in sub-articl e (1) of
this article is situated in an area declared to be a land regis tration
area in accordance with the Land Registration Act , or is otherwise
registered in accordance with the provisions of that Act, the r ight
conferred by sub-article (1) shall be exercisable by the regist ration
in accordance with that Act, of a charge or a cautionary charge  as
the case may be.
§ I. OF LEGAL HYPOTHEC
When legal 
hypothec is granted.2017. A legal hypothec is granted only in the cases hereinafter
specified.
Legal hypothec in 
favour of wife , for 
dowry.2018. (1) The wife has, as from the day of the celebration of
her marriage, a general legal hypothec over the property of the
husband, for the dowry settled by means of a public deed
previously to the marriage.
(2) In regard to dotal money or property coming to her under
any succession or donation, the said hypothec arises only from the
day on which the succession is ope ned or the donation takes eff ect.
Legal hypothec in 
favour of minors , 
Substituted by: 
XLVI.1973.102. Amended by: 
XXI.1993
.84.2019. (1) A minor has a general legal hypothec over the
property of the parent to whose authority he is subject in resp ect of
the liability contracted by such  parent in the administration o f the
property of the minor.
(2) Such hypothec arises from the day on which the
administration of such prop erty vests in the parent.
(3) Where a parent contracts another marriage, the said
* This article, as substituted by Act LVIII of 1975, applies to  all hypothecs arising or
contracted before 1st January, 1976. However, until the expirat ion of ten years after
the said date, and subject to all other provisions of this Code , a general hypothec
registered before the 1st January, 1976 shall continue to attac h to immovables charged
therewith, even if such  immovables are acquired after the 1st J anuary, 1976, as if the
provision of this Code were stil l operative as in force prior t o the substitution effected
by Act LVIII of 1975.
  432     [CAP. 16.           CIVIL CODE
hypothec extends over the property of the step-parent as from t he
day of the marriage, if the pare nt continues in the administrat ion
without the authority required by law.
of children or other 
descendants , 2020. (1) Children and other descendants have also a general
legal hypothec over the property of their surviving ascendant, in
respect of the rights saved to them under articles 637, 638 and  825
in case the said ascendant contracts another marriage.
(2) Such hypothec arises from the day of the death of the other
ascendant.
of persons subject 
to tutorship , etc. 
Amended by: 
XLVI.1973.103.2021. Persons subject to tutorship or curatorship have a general
legal hypothec over the property of the tutors or curators, for  the
liability of the latter in respect of their administration, as from the
day on which such tutors or curators have accepted the office o f
tutor or curator.
Creditor having 
privilege , has 
special hypothec.2022. The creditor who has a privilege over an  immovable, has a
special legal hypoth ec over the immovable subject to the privil ege.
§ II. O F JUDICIAL  HYPOTHEC
Judicial hypothec.
Amended by:
XXII.2005 .82.2023.  Judicial hypothec originates from - 
(a) judgments given by any of the courts of Malta in
favour of the parties obtaining such judgments;
(b) awards of arbitrators, an executive title and decisions
given by courts outside Malta, in favour of the parties
obtaining such awards or decisions, provided the
execution thereof has been  ordered by a judgment of
the competent court in Malta.
§ III. O F CONVENTIONAL HYPOTHEC
Who can contract 
conventional 
hypothec. 2024. (1) A conventional hypothec can only be contracted by
persons who are capable of alie nating the property which they
charge with such hypothec.
(2) The property of persons who are not capable of alienating
cannot be hypothecated by contract except fo r the causes and in  the
form established by law.
Conventional 
hypothec cannot be created except by 
public deed.2025. A conventional hypothec cannot be created except by a
public deed.
CIVIL CODE  [CAP. 16.   
Contracts made 
outside Malta. 
Amended by:
XXXI.1965.22;LVIII.1974.68;
XXII.2005
.81.2026. Contracts made outside Malta, by any public or authentic
instrument, according to the la ws of the place, or before the
diplomatic or consular representative of the Government of Malt a
in that place or a person serving in the diplomatic, consular o r other
foreign service of any country which, by arrangement with the
Government of Malta, has undertaken to represent that
Government’s interests in that place or a person authorized in that
behalf by the President of Malta, can create a hypothec over
property existing in Malta, if the competent civil court, on th e
demand of the creditor, by sworn application, shall have ordere d
the registration thereof.
Sum for which 
hypothec is 
contracted to be 
specified in the deed.2027. A conventional hypothec is not valid if the sum for which
it is agreed upon is not specified and stated in the deed. If t he debt
resulting from an obligation is conditional as to its existence , or
indeterminate as to its value, the creditor cannot demand theregistration of the hypothec except for an amount expressly sta ted
by him, saving the right of the debtor to cause such amount to be
reduced, where competent.
Conventional 
hypothec are 
general or special.Amended by:
VIII.2007
.20.2028. (1) A conventional hypothec may be general or special.
(2) Only the immovables and movables mentioned in article
2012 can be charged with a special hypothec.
(3) A special hypothec shall extend to all improvements
subsequently made in or on  the property hypothecated.
Sub-title III
HOW PRIVILEGES AND HYPOTHECS ARE PRESERVED*
Special privileges 
to be registered.Substituted by:
VIII.2007
.21.2029. Special privileges over immovables and over those
movables as specified in articles 2002(2) and 2012(1)( b) are
ineffectual unless they are registered in the Public Registry w ithin
the time of two months.
Day from which 
the time for 
registration runs. 2030. The time referred to  in the last precedin g article shall run-
(a) as regards the debts mentioned in paragraphs ( a), (c)
and ( d) of article 2010 from t he date of the contract;
(b) as regards the debt mentioned in paragraph ( b) of the
said article from the day on which the works are
completed, or, as the case may be, from the day of the
adjudication of the immovable;
(c) as regards the debts mentioned in paragraph ( e) of the
same article from the date of the judgment or of the act
by which the suit is terminated.
*As to old privile ges and hypothecs, see the Old Privileges and Hypothecs
(Registration and Renewal) Ordinance  (Chapter 27).
  434     [CAP. 16.           CIVIL CODE
Privileges , if 
registered , are 
unaffected by 
alienations , etc., 
made within the 
time for 
registration.2031. (1) The aforesaid privileges, if registered within the
time mentioned in the last preceding article, shall not be affe cted
by any alienation of the property charged with the privilege, o r by
any hypothec or burden created thereon, during the course of th e
aforesaid time.
(2) The legal hypothec attach ed to privileged debts shall
remain unimpaired, even though su ch privileges are not register ed
within the aforesaid time, provided such hypothec is preserved as
required in article 2033.
General privileges 
and special privileges over 
movables not 
subject to registration.
Substituted by:
VIII.2007
.22.2032. Except for those special privi leges specified in articles
2002(2) and 2012(1)( b), general privileges and special privileges
over movables are not subject to registration.
Hypothec to be 
registered.2033. (1) A hypothec, whether legal , judicial, or conventional,
is not effectual unless it is registered in the Public Registry , and it
does not rank excep t from the date of its registration.
(2) Nevertheless, the hypothec for the dowry settled before
marriage shall rank from the day of the celebration of the marr iage
provided it is registered within one month from such day: and i n
such case the said hypothec shal l not be affected by any aliena tion,
or hypothec, or burden, made or registered during the course of  the
aforesaid time.
Duties of notary in 
respect of 
registration of legal 
hypothec of wife against husband in 
certain cases.
Amended by: XXXIX.1939.12;
XLVI.1973.104;
XI.1977.2;XIII.1983
.5;
L.N. 407 of 2007 .2034. (1) The notary who receives a deed involving the
settlement of a dowry shall cause the registration of the relat ive
hypothec over the property of the husband to be made within the
next following month, notwithstanding any covenant to thecontrary, unless such registrati on shall have been made within the
time on the demand of other persons.
(2) The notary who contravenes the provisions of sub-article
(1) of this article shall be liable in damages towards the part y
interested, and shall be subject to a fine ( ammenda ) not exceeding
eleven euro and sixty-five cents (11.65) to be awarded by the C ourt
of Revision of Notarial Acts, e ither of its own motion or on th e
demand of any person.
Responsibility of 
registrar of court of voluntary 
jurisdiction with 
regard to persons under tutorship or 
curatorship. 
Cap. 12.2035. The registrar of the court of voluntary jurisdiction shall be
liable in damages towards any person under tutorship orcuratorship if he fails to cause the obligations assumed by any  tutor
or curator to be registered as provided in the Code of Organization
and Civil Procedure .
Who may demand 
registration.2036. Registration may be demanded by the creditor, or by any
other person interested.
Relatives may 
demand 
registration in 
certain cases. Amended by: 
XLVI.1973.105.2037. The registration of legal hypothecs granted to minors, or
to persons insane or interdicted, may also be demanded by any o f
their relatives.
CIVIL CODE  [CAP. 16.   
Ascendant to effect 
registration of 
hypothec granted 
to unemancipated children. 
Amended by: 
XLVI.1973.106; XXX.1981
.14; 
XXI.1993 .2.2038. (1) The registration of the legal hypothec granted to
minors under the provisions of article 2019 shall be effected b y the
parent mentioned in that article within four months from the da y on
which the hypothec arises, unless such registration shall havealready been made at the request  of any other relative of such
children.
(2) If the parent contravenes the provisions of sub-article (1) of
this article, he shall forfeit his rights of parental authority , as well
as the right of further managing the property of the personspreviously subject to his authority or of enjoying the usufruct  to
which he may have b een entitled by law.
(3) The court of voluntary jurisdiction may, according to
circumstances, reinstate the par ent in the rights so forfeited.
Time within which 
ascendant , etc., is 
to effect 
registration of 
hypothec in favour of children. 
Amended by: 
XXI.1993
.2.2039. (1) Where the children or other descendants mentioned
in article 2020 are minors, the registration of the hypothec gr anted
to them under that article shall  be effected by the ascendant t herein
referred to, or, as the case may be, by the tutor or curator, w ithin
fifteen days from the celebration of the marriage of the said
ascendant, unless it shall have already been made at the reques t of
any other relative.
(2) If the ascendant bound to cause such registration to be made
fails to do so within the said t ime, the court may, according t o
circumstances, appoint an administrator of the property the
ownership of which, in virtue of the provisions of articles 637 , 638
and 825, shall have vested in the said children or descendants,  and
the provisions of the last preced ing article shall apply with r egard
to the rights of parental authority which may be competent to s uch
ascendant.
When regis tration 
against debtor in a 
state of bankruptcy 
or against an inheritance is 
inoperative.2040. (1) The registration is ineffectual if it is made at a time
when the debtor is in a state of bankruptcy, or if it is proved  that the
creditor, at the time of the registration, knew of the existenc e of
circumstances on which the debtor could found a declaration ofbankruptcy.
(2) The provisions of sub-article (1) of this article shall also
apply as between the creditors o f an inheritance,  if the regist ration
is made after the opening of the succession, and the inheritanc e
remains vacant or is accepted w ith the benefit of inventory.
Exceptions. 2041. (1) The provisions of the last  preceding article shall not
apply where it was not possible, owing to the insufficiency of time,
to make the registration; and such insufficiency of time shall be
presumed if fifteen days shall not have elapsed from the day on
which the registration could have been made to the day on which
the debtor was in a state of bankruptcy, or on which the credit or
became aware of the existence of circumstances on which the
debtor could found a declaration of bankruptcy, or on which the
debtor died.
(2) Nor shall such provisions apply with regard to the
registration of privileges or hypothecs acquired previously to the
day last mentioned, if the time allowed for the preservation th ereof
  436     [CAP. 16.           CIVIL CODE
shall not have yet elapsed.
Particulars of note 
of registration.Amended by:
XXXIX.1939.13;
XXV .1940.2;IX.2004
.13;
XVIII.2004 .110;
VIII.2007 .23;
VIII.2010 .61;
L.N. 426 of 2012;
XXIII.2017. 88.2042. For the purposes of registration, there shall be presented to
the Director of the Public Registry a note containing the follo wing
particulars:
(a) the name and surname of the creditor and his legally
valid identification document number written in figures
only and where the person is not eligible to hold a legally
valid identification document, the number as appearing inanother document of identification, his place of birth, his
place of residence, his profession, trade or other status
and his parents name, and thei r surname at birth and after
marriage:
Provided that the Director of the Public Registry may,
in his discretion, accept notes in instances where it is
manifestly impossible to obtain some of or all details
as required in paragraph ( a);
(b) the name and surname of the debtor and his legally valid
identification document number written in figures onlyand where the person is not eligible to hold a legally valid
i d e n t i f i c a t i o n  d o c u m e n t ,  t h e  n u m b e r  a s  a p p e a r i n g  i n
another document of identification, his place of birth, hisplace of residence, his profession, trade or other status,
his parents name, and their surname at birth and after
marriage or any other particulars sufficient, in theopinion of the director, to identify the debtor:
Provided that the Director of the Public Registry may,
in his discretion, accept notes in instances where it is
manifestly impossible to obtain some of or all detailsas required in paragraph ( b);
(c) the cause of the debt or other claim, and the date and
nature of the act creati ng such debt or claim;
(d) the amount of the capital due, or the amount stated in
the cases referred to in article 2027;
(e) an indication as to whethe r interest on the debt has
been agreed upon or not;
(f)(deleted by Act VIII.2010
.61.);
(g) an indication as to whether the registration is
demanded for privilege or hypothec, and, in case of
hypothec, whether it is  general or special;
(h) in case of privilege or special hypothec, an indication
of the immovable and movable charged with such
privilege or hypothec.
When cause of 
privilege or 
hypothec is to be stated in the note.2043. Where a legal hypothec or a privilege exists independently
of a public deed, the cause giving rise to such privilege or hy pothec
and the time of its origin sh all be stated in the note.
When it is not 
necessary to state the amount of the 
debt.2044. In the case of legal hypothecs, the obligation to state the
amount of the debt shall not apply with regard to claims the va lue
whereof in a liquidated sum is  not stated in a public deed.
CIVIL CODE  [CAP. 16.   
By whom note is to 
be signed.2045. (1) If the debt results from a public deed, the note must
be signed by the registrar of the court, or by the notary who h as
received, or is the keeper of the deed, or is authorized to giv e out a
copy thereof.
(2) If the debt results from a judgment, the note must be signed
by the registrar of the court by which the judgment was deliver ed.
(3) In any other case, the note must be signed by the person
requiring the registration, or by an advocate, a notary, or a l egal
procurator.
When judicial 
hypothec may be 
registered.2046. (1) A judicial hypothec may be registered even though
the judgment be subject to a ppeal, saving any reduction or
cancellation which may become necessary.
(2) Nevertheless, if the judgme nt or award does not order the
debtor to pay a liquidated sum, the registration cannot be made
unless the amount to be registere d is determined in the same or  any
other judgment or award, or, with the concurrence of the debtor , in
a public deed.
Registration 
affecting property 
of a deceased 
person.2047.  A registration affecting the property of a deceased person
may be made under his name, without mentioning the heir.
When immovable 
property is in the 
hands of third parties.
Amended by:
VIII.2007
.24.2048.  I f  a t  t h e  t i m e  o f  t h e  r e g i s t r a t i o n ,  t h e  i m m o v a b l e s  a n d
movables are in the hands of thi rd parties, the indication of t he
debtor alone shall be sufficient.
Difference 
between amount 
due and that stated in the registration.2049.  Where there is any difference between the amount due and
that stated in the registration, the registration shall be oper ative for
the lesser amount.
Expenses of 
registration to be 
borne by debtor.2050.  The expenses of registration shall, in the absence of an
agreement to the contrary,  be borne by the debtor.
Assignment may 
be entered in 
registry.2051. (1) The assignee of any debt or other claim secured by a
registered privilege or hypothec may demand that the assignment ,
whether it be in respect of the whole sum or a part thereof, be
entered in the registry for the amount so assigned, provided th e
assignment shall have b een made by a public deed.
(2) The aforesaid demand may also be made by any other party
interested.
Requirements of 
note for entering assignment in the 
Public Registry.
Amended by:XII.1986
.5.2052. (1) For the purpose of entering an assignment in the
registry as aforesaid, a note sh all be presented to the Directo r of the
Public Registry containing, the progressive number and the year  of
the registration, the date of t he assignment, and an indication  of the
assignee in the manner prescribed for the indication of the cre ditor.
(2) The note must be signed by t he notary who has received, or
is the keeper of the deed of a ssignment, or is authorized to gi ve out
a copy thereof.
  438     [CAP. 16.           CIVIL CODE
Sub-title IV
OF THE RENEWAL OF REGISTRATIONS
Renewal of 
registration of privileges and 
hypothecs.2053. (1) The registration of a privilege or hypothec in the
Public Registry shall cease to hav e effect after thirty years f rom the
date thereof unless such registration is renewed before the
expiration of the said time.
(2) The registration of a legal  hypothec in favour  of the wife o r
of any person subject to tutorsh ip or curatorship shall be exem pt
from renewal until one year after the dissolution of the marria ge or
the cessation of the administration.
Renewal after 
lapse of time to 
have the effect of 
an original hypothec.2054.  A renewal, if made after the expiration of the prescribed
time shall, even in the case of a privilege, have the effect of  an
original hypothec which shall rank only from the date of the
renewal.
Persons entitled to 
demand renewal.2055. (1) The renewal of a registration may be demanded by
any person who, according to law, is entitled to demand the
registration.
(2) The renewal shall be made in the same Public Registry in
which the registration was made.
Renewal of 
registration not to interrupt 
prescription.2056.  The renewal of a registration caused to be made by the
creditor shall not interrupt the running of prescription in fav our of
the debtor or of the thi rd party in possession.
How renewal is 
made.2057.  In order to obtain the renewal of a registration it shall be
necessary to present to the Direct or of the Public Registry a n ote
similar to that of the previous registration with a declaration  that it
is intended to renew the original registration.
Expenses of 
renewal.2058. In the absence of an agreement to the contrary the
expenses of the renewa l shall be at the charge of the debtor.
Sub-title V
OF THE REDUCTION AND CANCELLATION OF REGISTRATIONS
Reduction of 
registration. 2059. (1) The reduction of a registration is a partial
cancellation thereof.
(2) A registration may be reduced -
(a) if a part of the debt is extinguished;
(b) if the right of the creditor , previously affecting the
whole of an immovable, or several immovables, is
CIVIL CODE  [CAP. 16.   
restricted to a part of such immovable conveniently
separable therefrom, or to one or some only of such
immovables.
How registration 
may be reduced or 
cancelled.2060. (1) A registration may be r educed or totally cancelled
either with the consent of the cr editor given in a public deed,  or in
virtue of a judgment of the competent court.
(2) If the creditor is not capable of alienating, his consent fo r
the reduction or cancellation of a registration is not valid un less it
is given in the form prescribed by law.
When reduction of 
registration may be 
made without the 
creditor’s consent.2061.  If the total or partial extinguishment of a registered debt
results from a judgment which has become  res judicata  or from any
other public deed, the cancellati on of the registration, or the
reduction thereof as to the amount of the debt, may be effectedwithout the consent of the creditor.
When reduction 
may be ordered by court.2062. (1) Besides in the case mentioned in article 2027, the
reduction of a registration may be ordered by a judgment in thecase of a general legal hypothe c, or of a judicial hypothec, if  it is
shown that the registration can be restricted as to the propert y
affected thereby without injuring the interests of the creditor .
(2) The same rule shall appl y in the case of a general
conventional hypothec created to secure a right contingent upon  an
uncertain event, even though such hypothec may have been
covenanted before the 11th February, 1870; and any renunciation  of
the right to demand the reduction is void, unless it is made by  a
public deed on a day subsequent to that of the instrument by wh ich
the hypothec was created.
Value of 
immovable 
property to which the registration is 
to be restricted.2063. (1) The reduction, however, shall not be ordered in any
of the cases referred to in the last preceding article, if the value of
the immovable property to which the debtor demands that theregistration should be restricted, does not exceed, by at least  one-
half, the amount of the registered debt together with the inter est
accrued due, and that which will become due up to five years fr om
the day of the reduction.
Cap. 12.(2) It shall be lawful for the court to determine the value of t he
aforesaid immovable property according to the rules laid down i n
Sub-title III of Title II of Book Third of the Code of Organization
and Civil Procedure .
Cancellation of 
registration may be 
ordered by judgement.2064.  The cancellation of a registration may also be ordered by a
judgment if it is not shown that the registration was made for a
lawful cause, or if it is shown that the right of the creditor is
extinguished.
Requirements of 
the note for reduction or 
cancellation of 
registration. Amended by: 
XII.1986
.6.2065.  For the purpose of effecting the reduction or cancellation
of a registration, there shall be presented to the Director of the
Public Registry a not e containing the following particulars:
(a) the progressive number and the year of the
registration;
(b) an indication as to whether a reduction or the
  440     [CAP. 16.           CIVIL CODE
cancellation of the registration is demanded;
(c) an indication of the judgement, or deed, if any, under
which the reduction or c ancellation is demanded.
Additional 
requirement in case 
of reduction.2066. Where the reduction of a registration is demanded, the
sum or property in respect of which the registration is to cont inue
to be operative shall be stated in the note.
By whom note for 
reduction or 
cancellation is to be signed.2067.  Where the reduction or cancellation is demanded in
pursuance of a public deed, the note shall be signed by the not ary
who has received or is the keeper  of such deed, or is authorize d to
give out copies thereof; where the reduction or cancellation is
demanded in pursuance of a judgment, the note shall be signed b y
the registrar of the court by wh ich the judgment was delivered.
Expenses for 
reduction or 
cancellation.2068. (1) The expenses for the reduction or cancellation of a
registration shall be borne by the debtor.
(2) Nevertheless, if the cancellation is due to the absence of a
lawful cause for making the registration, the expenses shall be
borne by the person who caused such registratio n to be made.
(3) In the case referred to in article 2027 it shall be in the
discretion of the court to direct, according to circumstances,whether such expenses are to be borne by the creditor or by the
debtor.
Sub-title VI
OF THE EFFECT OF PRIVILEGES AND OF HYPOTHECS AGAINST 
THIRD PARTIES IN POSSESSION
Rights of creditors 
against third 
parties in 
possession.Amended by:
XV.2008
.5.2069.  Creditors who have a privilege or hypothec which has
been registered retain over th e immovables or movables subject to
the privilege or hypothec their right to be ranked and paid
according to the order of the debts due to them or the registra tion
thereof, into whosesoever hands such immovables or movables may
pass.
Liability of third 
party in 
possession.2070.  If the third party in possession has not complied with the
formalities prescribed for disen cumbering his property, he rema ins,
in virtue of the registration legally made, liable as possessor  for all
the hypothecary debts, and shall be entitled to any time or
extension of time granted to the original debtor.
Other liabilities of 
third party in 
possession.
Amended by:XV.2008
.6.2071.  The third party in possession is bound, in the aforesaid
case, to surrender, without any reservation, the immovable or
movable charged with the hypothec, unless he elects to pay all the
hypothecary debts, as each of them falls due, whatever theiramount may be.
CIVIL CODE  [CAP. 16.   
Creditors may 
demand sale of 
immovable or 
movable charged with hypothec.
Amended by:
XV .2008
.7.2072. (1) If the third party in possession fails to surrender the
immovable or movable or to pay the debt fallen due, it shall be
lawful for the hypothecary credito r to demand judicially the sa le of
the immovable or movable charged with the hypothec after havingby means of a protest called upon  the debtor to discharge the d ebt,
and upon the third party in possession either to discharge the debt
or to surrender the immovable or movable.
(2) The said demand may not be made before the expiration of
thirty days from the service of the protest on the debtor and t he
third party in possession.
When third party in 
possession may set 
up benefit of 
discussion.Amended by:
XV .2008
.8.2073.  A third party in possession who is not personally liable for
the debt may, by setting up the be nefit of discussion, oppose t he
sale of the immovable or movable of which he is in possession, if
there is in the possession of the debtor or of his sureties or of other
persons personally, though not jointly and severally, liable fo r the
debt, other property subject to the same debt.
When benefit of 
discussion may not 
be set up.
Amended by:XV .2008
.9.2074.  The benefit of discussion may not be set up against a
creditor having a privilege or s pecial hypothec over the immova ble
or movable.
Option of third 
party in possession in certain cases.
Amended by:
XV .2008
.10.2075. Where the actual value of the improvements made in or on
the tenement or movable by the third party in possession, excee ds
the actual value of the immovable or movable without such
improvements, the third party in possession may elect either to  pay
the actual value of the immovable or movable without theimprovements or to surrender the immovable or movable.
When third party in 
possession may 
surrender property.
Amended by:XV .2008
.11.2076.  The surrender of an immovable or of a movable for the
satisfaction of the obligation to which it is subject, may be m ade by
any third party in possession who is not personally liable for the
debt, wholly or in part, and who is capable of alienating or ha s been
duly authorized for such purpose.
When third party in 
possession may take back 
immovable or 
movable.Amended by:
XV .2008
.12.2077.  The sur render of  the immovable  or of  the movable until
the sale thereof has taken place,  shall not prevent the third p arty in
possession from taking back the immovable or the movable on
paying the whole debt and the costs, even though the surrender may
have taken place in ex ecution of a judgment.
How surrender of 
immovable or 
movable is made.
Amended by:XV .2008
.13.2078.  The surrender of the immovable or of the movable shall be
made by means of an act filed  before the competent court.
Liability for 
deteriorations.2079. (1) Any deteriorations caused in consequence of gross
negligence on the part of the third party in possession injurio usly
affecting the interest of the hyp othecary creditors, give rise to an
action for indemnity against him.
(2) He cannot claim reimburseme nt in respect of the expenses
and improvements made by h im, except as provided under
paragraph ( b) of article 2010.
(3) He has no right of retentio n on account of improvements.
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Fruits that are due 
by third party in 
possession.2080.  The fruits of the immovable are not due by the third party
in possession except from the day on which he has been called u pon
to surrender the immovable or to  pay the debt; and if since tha t day
one year shall have el apsed before the judicial demand is made,  the
fruits shall be due from the date of such demand.
Rights of 
easement , etc., of 
third party in 
possession.2081. (1) The easements and real rights which a third party in
possession had upon the immovabl e before he came into possessio n
thereof, shall revive after the s urrender made by him or after the
adjudication which has taken place against him.
(2) If, however, such rights were rights of privilege or
hypothec, they are not ranked un less they have been registered.
Rights of creditors 
of third party in 
possession.Amended by:
XV.2008
.14.2082.  The third party’ s own creditors shall exercise their rights
of hypothec over the immovable or the movable surrendered or
sold, according to the order of their respective registrations,  after
the creditors whose claims shall h ave been registered against t he
former owners previously to the alienation made by the latter, or
within the times mentioned  in articles 2031 and 2033.
Rights of third 
party in possession against debtor and 
other third parties 
in possession.2083. (1) The third party in possession who has paid the debt
or has surrendered the immovable or has been dispossessed there of,
has a right to relief for evictio n against the principal debtor .
(2) He can also maintain an action against other third parties i n
possession of other immovables liable for the same debt, provid ed
such other third parties have acquired their immovables at a la ter
date than that on which he acquired his immovable.
Sub-title VII
OF THE EXTINGUISHMENT OF PRIVILEGES AND HYPOTHECS
How privileges and 
hypothecs are 
extinguished.2084.  Privileges and hypothecs are extinguished -
(a) by the extinguishment of the principal obligation;
(b) by the creditor’s renunciation of the privilege or
hypothec;
Cap. 12.(c) by the fulfilment of the formalities prescribed in Title
II of Part II of Book Second of the Code of
Organization and Civil Procedure ;
(d) by prescription.
When prescription 
in acquired by 
debtor.2085.  Prescription takes place in fav our of the debtor, in respect
of property of which he is in possession, by the lapse of the t ime
established for the prescription of the debt to which the privi lege or
hypothec refers.
When prescription 
is acquired by third 
party in 
possession.2086.  As to property which is in the possession of a third party,
prescription takes place in favour of such third party by the l apse of
ten years from the day on which he  acquired such property, even
though the creditor may not have known that such property hadpassed into the hands of a third party.
CIVIL CODE  [CAP. 16.   
Registration not to 
interrupt 
prescription.2087. The registration caused to be made by the creditor shall
not interrupt the running of prescription in favour of the debt or or
of the third party in possession.
Sub-title VIII
OF THE ORDER OF PRIORITY OF  PRIVILEGES AND HYPOTHECS
General rule of 
priority among 
creditors having privileges of a 
different nature.2088. Among privileged debts prior ity is regulated according to
the particular nature of each privilege.
Priority given to 
certain general 
privileges.2089.  Debts having a general priv ilege for any of the causes
mentioned in paragraphs ( a), (b) and ( c) of article 2003 are paid in
preference to those having any ot her privilege, excepting only the
debt due to the pledgee as provided in paragraph ( a) of article 2009.
Priority given to 
certain other 
general privileges.  
Amended by: 
XI.1977.2.2090.  Debts having a general priv ilege for any of the causes
mentioned in paragraphs  (d) and ( e) of article 2003 are paid in
preference to those having any other privilege, excepting the d ebts
mentioned in paragraphs  (a), (b) and ( c) of the said article, the debt
due to the pledgee as aforesaid, and the debt due to the hotel- keeper
as provided in paragraph ( b) of article 2009.
Rule of priority in 
cases other than those mentioned in 
ss.2089 and 2090.2091. (1) Saving the provisions of the last two preceding
articles, in all cases of competition of privileged debts, diff ering in
degree, the order in which the privileges are set forth in arti cles
2003, 2009 and 2010 shall determin e their respective priority.
(2) Nevertheless, the privilege  of the seller, mentioned in
paragraph ( d) of article 2009, shall not operate to the prejudice of
the privilege of the dominus  or of the lessor, mentioned in
paragraph ( e) of the said article; the right of the seller mentioned in
article 1439 shall not operate to the prejudice of the debts
mentioned in paragraphs ( a), (b) and ( c) of article 2009; and the
debt mentioned in paragraph ( b) of article 2010, if it is in respect of
necessary repairs for the preserv ation of the tenement, shall h ave
preference over the  debt due to the dominus .
Hypothecary debts 
to be paid according to the 
order of 
registration.2092 . Hypothecary debts are paid according to the order of
registration, saving the provisions of sub-article (2) of artic le 2033.
Hour of 
registration not to 
create priority among hypothecs 
registered on the 
same day.2093. Hypothecs registered on the  same day confer on the
creditors an equal rank, without any distinction between
registrations made at diffe rent hours of the same day.
Privileged debts in 
the same rank to be 
paid ratably.2094.  Privileged or hypothecary debts in the same rank, are paid
ratably.
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Expenses 
accessory to debt 
to rank with debt.
Amended by:VIII.2010
.61.2095.  (1)  In the same rank in which a debt is placed, there shall
be placed also the interest ac cruing on that debt, the expenses  of
registration, and the expenses, if any, incurred for the judici al
acknowledgment of the  debt unless the latter are otherwise
privileged:
Provided that in the case of a  hypothec, the above rule shall
apply with reference to interest only if the fact that interest  has
been agreed upon is indicated in the note of registration of th e
hypothec in accordance with article 2042( e).
(2) When the note of registration of a hypothec indicates that
interest has been agreed to accrue on a debt, no additional not e of
registration shall be required when any change, variation, or
amendment takes place in relation to the of rates of interest
payable, the modalities for the calculation of interest includi ng any
indices, margin, or market mechanism.
(3) Furthermore, no additional note of registration shall be
required, for any change, variation or amendment of:
(a) the repayment schedule; or
(b) the currency in which payment of the debt is to be
made.
(4) The above shall apply irrespective of whether the change,
variation or amendment takes place in virtue of a public deed o r a
private writing, pursuant to a t erm of the origi nal agreement o r as a
result of a market event.
(5) The obligations changed, varied, or amended as aforesaid
shall continue to rank in the same rank in which the principal
obligation is placed.
Title  XXIIIA
OF TRUSTS AND OBLIGATIONS
Sub-title I
OF MATRIMONIAL REGIMES
Trusts and married 
persons.Added by:
XIII.2004
.44.2095A.  (1) Property being the subject of matrimonial contracts
may be settled in trust only by means of a written instrument.Trusts between spouses are not created by operation of law.
(2) Property forming part of the community of acquests or
governed by the system of community of residue under separate
administration may only be settled in trust with the consent of  both
spouses. Paraphernal property of either spouse may be settled i n
trust by each spous e acting singly.
(3) A trust settled by both spouses jointly may only be varied
or, if revocable, may only be revoked by both spouses acting jo intly
and after the death of one of the spouses such trust shall be
CIVIL CODE  [CAP. 16.   
irrevocable notwithstanding any of its terms, except with the
authorisation of the Court in its voluntary jurisdiction.
(4) A beneficial interest held by a spouse under a trust shall n ot
form part of the community of acquests irrespective of when it was
settled in his f avour or when he became a beneficiary, except i n the
case of a beneficial interest under a trust into which communit y
property has been jointly settled by the spouses and only in re lation
to such property.
(5) Any distribution of income made under a trust in favour of
a spouse shall, unless otherwise expressly provided in the trus t
instrument, form part of the community of acquests or of the
community of residue under separate administration of such
spouse, as may be applicable, in  terms of article 1320 and arti cle
1338(2) respectively.
(6) When the matrimonial home is the subject of trusts for the
benefit of the spouses or any one of them, nothing in the trust
instrument or in the law shall imply that a spouse enjoys lesse r
rights to the home and its enjoyment than under article 3A, and  the
terms of the trust may not be revoked or varied, nor may the tr ustee
dispose of the said property, without the consent in writing of  both
spouses or, in the absence of consent, without the authorisatio n of
the Court.
(7) Any debt, indemnity or other liability due by either spouse
as a trustee shall not be charged to the assets of the communit y of
acquests in terms of article 132 7 except as provided in article  1329
and, for the purposes of article 1341, any such debt shall be d eemed
to be a paraphernal debt.
Spouse as 
beneficiary under 
trust settled by 
other spouse.Added by:
XIII.2004
.44.
Amended by:XIII.2007
.3. 2095B.  (1) A person may settle property under trusts to his
spouse acting as trustee for the benefit of beneficiaries inclu ding
any such spouse as beneficiary.
(2) When a spouse is a beneficiar y, a trustee may not enter into
a contract of sale with the settlor spouse except in the cases
specified in article 1366( b).
(3) A person cannot be a beneficiary under a trust settled by hi s
or her spouse for more than the property that is allowed to bebequeathed or donated to such spouse in terms of this Code.
Notwithstanding the terms of the trust and the rules at law
otherwise applicable in relation to any excess, the excess shal l be
held by the trustee for the use and enjoyment of such spouse fo r his
lifetime and thereafter shall be held on trust for the settlor or his
heirs.
(4) If a beneficiary spouse is en titled at law to any property i n
ownership, the property held in trust up to the reserved portio n,
having regard to any other dispositions in such person’s favour ,
shall in virtue of this provision be held on separate trust for  the
benefit of such spouse alone irrespective of the terms of the t rust.
Any further property settled in trust for the benefit of the sp ouse
shall, irrespective of the terms  of the trust, be held under tr ust only
for the use and enjoyment of the beneficiary for his lifetime a nd
thereafter for the benefit of the settlor or his heirs. The abo ve shall
  446     [CAP. 16.           CIVIL CODE
be without prejudice to the right of any person entitled to the
reserved portion to demand the reduction of the trust when the
settlement impinges on right of the reserved portion as provide d by
this Code.
Trust property 
which is not matrimonial 
property.
Added by:XIII.2004
.44.2095C.  The provisions of law relating to spouses or matrimonial
property shall not apply in any manner to the actions of a spou se
when acting as trustee.
Sub-title II
OF ANNUITIES
Non-applicability 
of provisions on 
annuities.
Added by:XIII.2004
.44.
Amended by:
XIII.2007 .12.2095D.  Title XI of Book Second ''Of the Constitution of
Annuities'' and the provisions o f sub-titles I and II thereof s hall not
apply in relation to annuities constituted in a deed of trust o r
testamentary trusts and the oblig ations of trustees and the rig hts of
the beneficiaries shall be regulated exclusively by the terms o f the
trust and the special laws relati ng to trusts unless the trust
instrument (or any written agreem ent entered into by the truste e)
expressly states that a particular annuity shall be governed by  the
provisions of the said Title.
Sub-title III
OF SECURITY TRUSTS
Security trusts.
Added by:
XIII.2004 .44.
Amended by:
VIII.2010 .61.2095E.  (1) Security may be created in favour of a trustee, called
a security trustee, for the benefit of any creditor or creditor s,
present or future, or in favour of a class or classes of credit ors by
either constituting security in favour of the trustee in the ma nner
provided for by applicable law of Malta relating to particular types
of security, or, by the settlement of property in favour of the  trustee
under written terms governing the trusts intended to operate fo r the
purposes of providing security.
For the purposes of article 2042 and other provisions under
special laws which may be applicab le to security, the trustee s hall
be treated as a creditor and shall be entitled to be registered  as
holder of the security, indi cating his position as trustee.
(2) The security trustee shall enjoy all such rights and be
subject to such obligations as may be stated in the instrument in
writing regulating -
(a) the appointment of the security trustee, and
(b) the security granted to the security trustee for the
benefit of the creditor or creditors.
(3) Security, for the purposes of this article, means any
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arrangement whereby the rights o f a creditor are legally protec ted
including any undertaking, guarantee, mandate, pledge, title,
transfer, grant, privilege or hypothec or the placing of proper ty in
possession or control of the trus tee with rights of retention a nd sale
as may be agreed.
Cap. 371.(4) When a hypothec is created in favour of a security trustee
which is a bank or other entity which is authorised in terms of  the
Banking Act  or in terms of equivalent legislation overseas, such
hypothec may, notwithstanding any other provision of law, begranted to secure future debts by the same debtor to the securi ty
trustee or the beneficiaries of the security trusts, present or  future,
as may be defined in the trust instrument. Such a hypothec shal l be
valid on condition that the deed constituting the hypothec expr essly
states that it secures future debts of the same debtor and limi ts the
effects of the hypothec to a stated maximum sum. Such informati on
shall form part of the relative note of registration for the pu rposes
of article 2042 in lieu of the requirements of article 2042( c), (d)
and ( e).
(5) The Minister responsible for Justice may make regulations
to regulate the operation of security granted in favour of a se curity
trustee to secure future debts.
(6) When security is granted to a  security trustee, such trustee
shall have the power and legal i nterest to file any legal proce edings
for the enforcem ent thereof even  where under the terms of the d eed
of trust and the security -
(a) the trustee is not the creditor of the principal debt or
obligation; or
(b) all creditors enjoy the right to sue, jointly and
severally, for the enf orcement of the debt:
Provided that payment by the d ebtor either to the security
trustee or to the beneficiaries,  if also creditors, shall disch arge the
obligations of the debtor to th e extent of the payment made.
Cap. 12. (7) Subject to the preceding s ub-article, nothing in the Code of
Organization and Civil Procedure  shall hinder the action of a
security trustee for the benefit  of the beneficiaries under a t rust on
the basis of any simultaneous judicial or other action by any
beneficiary under the trust.
(8) A security trustee shall not be subject to any of the
obligations of the creditors for whose benefit he may hold secu rity
except to the extent to  which he has expres sly agreed in writin g.
(9) A security trustee may resign, retire or be substituted in
accordance with the terms of the trust and in such case the ori ginal
security trustee shall assign a ny security held by him to the
substitute security trustee in the form required by law for the
particular security held.
(10) Beneficiaries of a security trust who may be vested with th e
debt, may assign the debt to third parties and the provisions o f
article 1475 shall apply to the s ecurity for such debt even whe n
held by a security trustee and in such case the assignees of su ch
  448     [CAP. 16.           CIVIL CODE
debt shall enjoy the rights of beneficiaries under the security  trust
upon notice to or acknowledgement by the trustee without the ne ed
of a separate assignment of the beneficiary rights under the tr ust
deed.
(11) The appointment of a security  trustee to hold security, his
removal or his substitution by another trustee and any related
transactions shall not operate as a novation nor shall they aff ect the
security validly constituted in any manner.
(12) A security trustee may also a ct as an agent or mandatory fo r
the beneficiaries of the security trust and may carry out funct ions
under such contract in accordance with  its terms.
(13) In the exercise of any right relating to the enforcement of
any security, the security tru stee shall be bound by the legal
provisions relating to the particular type of security and in a ny case
where the security arrangements are not subject to rules as to its
enforcement, the secu rity trustee shall act in a fair and reaso nable
manner in relation to the debtor.
(14)  The provisions of article 1967 shall apply mutatis mutandis
where a pledge is granted by the debtor or a third party for th e
debtor, to a security trustee, f or the benefit of any creditor or
creditors, present or future, or in favour of a class or classe s of
creditors.
Added by:
VIII.2010 .61.Title  XXIIIB
OF SECURITY BY TITLE TRANSFER
Agreement 
establishing 
security.Added by:
VIII.2010
.61.2095F.  ( 1 ) S e c u r i t y  b y  t i t l e  t r a n s f e r  i s  a  c o n t r a c t  w h e r e b y  t h e
debtor, or a third party for the debtor, transfers or assigns m ovable
things, whether by nature of by operation of law, so as to secu re a
present or future obligation, to:
(a) a creditor or creditors, present or future; or
(b) to a third party, who shall thereby be considered to be
a trustee for the benefit of a creditor or creditors,
present and, or future and subordinately for the debtor
in accordance with article 2095E.
In this title:
(i) the term "creditor" shall include both the
creditor and a third party security trustee for the
creditor; and
(ii) the terms "debtor" and "transferor" may refer to
the same person or to different persons
depending on the circumstances and the term
"debtor" shall include the transferor unless thecontext requires otherwise.
(2) Subject to the observance of such formalities as may be
required in case of particular types of movable property, owner ship
CIVIL CODE  [CAP. 16.   
of the property is acquired by the creditor as soon as the debt or and,
or the transferor and the credit or enter into an agreement in w riting
designating:
(a) the property being transferred;
(b) the secured obligations, which may be existing or
future obligations; and
(c) the rights of the transferee in case of default as
stipulated in the agreement.
(3) For the purpos es of the preceding sub-article -
(a) when the property being transferred consists of debts
and other monetary obligations the inclusion in theagreement of a list of debts  arising from a written or
legally equivalent instrum ent shall be sufficient;
Cap. 484.(b) when the transfer of property refers to a large amount
of debts or to a class or classes of debts, present or
future, the provisions of articles 9 to 14 of the
Securitisation Act  s h a l l  a p p l y  mutatis mutandis  with
such amendments as are required paying regard to thefact that in lieu of a transfer for the purposes of a
securitisation, the parties may agree to a transfer of the
same assets for the purpose of security.
(4) Such agreement may also designate:
(a) the rights of the transferee in the event of a breach of
the secured obligations; and
(b) the rights of the transferor in case of payment or other
extinction of the secured obligations; and
(c) the manner in which the property is to be valued when
rights of sale or set-off ar e exercised by the creditor,
and such agreement shall take effect in accordance with its ter ms.
In the absence of terms of agreement on the matters stated in t his
sub-article, the provisions of this title shall apply.
(5) Where the property being transferred by way of security is
of a kind which may be transferr ed by mere delivery, an agreeme nt
in writing as provided for in sub-article (2) shall be required  for the
transfer of such property. Witho ut prejudice to the rights of t hird
parties acting in good faith, the creditor may agree that the d ebtor
use the property  so transferred.
(6) A transfer by way of security  of debts and other rights shal l
be operate between the parties from the moment when theagreement referred to in sub-article (2) is made.
(7) A transfer by way of security shall operate as a transfer
with regard to third parties:
(a) in the case of debts and rights against an obligor, when
notice is given in accordance with the article 1471 or
the obligor of the assigned right has acknowledged the
assignment; or
(b) in the case where the rights  consist of property, where
  450     [CAP. 16.           CIVIL CODE
there is no obligor and where the title to which is
registered in a public registry, the effects of the
t r a n s f e r  s h a l l  a r i s e  w h e n  t h e transfer is registered in
the relevant register.
For the purposes of article 1471, notice in writing may be
given by any means, including by electronic means, and it shall  not
be required that notice be made by judicial act.
(8) Apart from the case cont emplated in article 1472( b), when a
further assignment of a debt or other right is made by way of
security and is notified to the debtor or registered in accorda nce
with sub-article (7), the effect s of the subsequent assignment shall
arise only on the termination of the effects of the prior assig nment
and the rights of the subsequent assignee are conditional there on.
Except where the subsequent assi gnment is made with the written
consent of the prior assignee and subject to the terms of such
consent, the prior assignee shall have no obligations towards a ny
subsequent assignee.
(9) The consideration for a transfer by way of security shall be
the grant and acceptance of securi ty, and the provisions of Tit le VI
of Part II of Book Second as to "price" shall not apply to such
transfers.
(10) For all effects and purpos es, the creditor to whom the
property has been tran sferred shall be considered to be the abs olute
owner of the property so transferred and such property shall no t
form part of the patri mony of the debtor.
(11) A transfer made in accordan ce with the provisions of this
title:
(a) shall not be subject to re-characterisation as any other
contract and shall take eff ect in accordance with its
terms; and
(b) shall be enforceable in accor dance with the terms of an
agreement made in accordance  with sub-ar ticle (2) and
the provisions of this title notwithstanding thebankruptcy or insolvency of the debtor of the debt or
the grantor of security by title transfer or the
commencement or continuati on of any insolvency or
winding up proceedings or re -organisation measures.
(12) The fruits of the property transferred by way of security
shall be deemed to form a part of the property and shall be sub ject
to all the rights of the credi tor as stated in this Title.
Enforcement of 
rights.
Added by:
VIII.2010 .61.2095G.  (1) The terms of the agreement relating to the transfer of
property by way of security shall regulate all matters between the
debtor, the transferor and the creditor, including the rights o f the
creditor to enforce the s ecurity in case of default.
(2) Subject to the terms of the a greement between the parties,
in the event of a default, the creditor shall, upon giving noti ce in
writing to the debtor and the transferor of property by way of
security, if different, be entitled to realise the property tra nsferred
in one of the following ways:
CIVIL CODE  [CAP. 16.   
(a) by sale; or
(b) by setting off or netting their value, and applying their
value in discharge of the secured obligations.
(3) Set-off or netting shall only be possible if it has been
expressly agreed t o in the agreement between the parties.
(4) Where a creditor exercises his rights as aforesaid, he must
exercise such rights in a commercially reasonable manner, shall  be
bound by fiduciary obligations in that regard and shall be boun d to
account to the debtor as to the v alue used for such enforcement .
Cap. 12.(5) Without prejudice to the title vested in the creditor, the
creditor shall be entitled, in any case, to demand the sale by judicial
auction of the property transfer red by way of security and the
provisions of Sub-title II of Title VII of Part I of Book Secon d of
Code of Organization and Civil Procedure  on Judicial Sales by
Auction shall apply with such variation as is required due to t he
context.
(6) Where the property transferred by way of security is in the
possession of the debtor, the Court shall afford such support t o the
creditor as may be necessary to take possession of the property  for
the purposes of any mode of enforcement as aforesaid.
(7) Any enforcement pursuant t o the preceding sub-articles
shall be without prejudice to the rights of any third party who  may
have acquired any personal or real rights over the property fro m the
debtor prior to the transfer by way of security, or, if after, with the
prior written consent and partic ipation of the creditor; provid ed that
when the security arrangement is not binding with regard to thi rd
parties or otherwise publicly known through -
(a) registration of the transfer in a public registry; or
(b) notice to or acknowledgement by the debtor of a debt
in accordance with article 1471 (as modified by sub-
article (7) of art icle 2095F), or
(c) transfer of possession of the property to the creditor or
a security trustee,
any person acquiring rights over the said property in good fait h for
value shall also  be protected.
Cap. 459.(8) It shall be lawful for the parties to enter into a close out
netting agreement in accordance with the Set-Off and Netting on
Insolvency Act  to be applied when a default takes place.
Liability of the 
creditor transferee.Added by:
VIII.2010
.61.2095H.  (1) When the creditor has taken possession of the
property so transferred, subjec t to the terms of the transfer
agreement, he shall not be permitted to make use of the propert y
unless expressly permitted to do so by the agreement between th e
parties and shall be liable to the transferor for the loss ordeterioration of the property arising from his negligence.
(2) Where the property transferred by way of security is
fungible in nature:
(a) the parties may agree that the creditor to whom the
  452     [CAP. 16.           CIVIL CODE
property has been transferred may enter into
transactions involving its s ale and may also use it as
security for the perform ance of his obligations;
(b)  the obligation to return the property shall be to return
equivalent property but may be extended to return
equivalent value.
(3) The provisions on fiduciary obligations in this Code shall
apply to the creditor who sha ll be considered as having acquire d
title and possession as a fiduci ary for the sole purposes of -
(a) retaining the title and, if so agreed, possession of
property as security for the  performance of the secured
obligations,
(b) of applying such property or its value in settlement of
the secured obligations i n case of default; and
(c) of returning the property, or its equivalent in case of
fungible property, on performance of the securedobligations or of returning any excess in value to the
transferor in cas e of enforcement,
and notwithstanding the obligation to avoid conflicts of intere st he
shall be entitled to act in his own interests for the above pur poses.
(4) Notwithstanding the fact that the creditor is the absolute
owner of property transferred by way of security, any exercise of
ownership rights other than as may be provided for in theagreement between the parties or as herein provided shall be a
breach of fiduciary duties for which the creditor shall be liab le
toward the debtor in acco rdance with this Code.
(5) When enforcement is through set-off by the creditor, upon
notice of enforcement given in accordance with article 2095G(2) ,
the creditor shall become the absolute owner of the property an d
shall be released of all fiduciar y duties arising from the tran sfer
agreement and these provisions. The value of the obligation of the
creditor to return the property transferred by way of security which
is set-off against the rights of the creditor to payment of theobligation due to him shall be established by agreement with th e
transferor or established in the  manner agreed between the part ies
and in the absence of such agreem ent, at the market value if th ere is
one, or where there is no market  value, at a price established by an
independent person competent to value such property.
(6) Upon a notice of enforcement through sale of the property
in accordance with article 2095F(2), the creditor shall have th e
power to sell the property -
(a) in the manner agreed with the transferor or, in the
absence of agreement, in the manner the creditorconsiders most appropr iate and commercially
reasonable;
(b) for a price established by agreement with the
transferor or established in  the manner agreed between
the parties and in the absence of such agreement, at the
m a r k e t  v a l u e  i f  t h e r e  i s  o n e ,  o r  w h e r e  t h e r e  i s  n o
CIVIL CODE  [CAP. 16.   
market value, at a price established by an independent
person competent to value such property; and
(c) when the property is to be sold through a judicial sale
by auction, at a price and in accordance withapplicable provisions of law,
and the creditor shall be the sole person entitled to receive t he
proceeds of sale.
7) Upon the events in the preced ing sub-articles taking place,
the creditor shall allocate to and set-off against the obligati on
secured -
(a) in the case referred to in s ub-article (5), the value of
the obligation to return the property set-off against the
secured obligations;
(b) in the case referred to in sub-article (6), the proceeds
of sale received by the creditor shall be set-off against
the secured obligations,
and any excess shall be immediately paid over to the transferor .
(8) If it is necessary to prope rly realise the commercially
reasonable value, the creditor shall be entitled to sell or set -off as
aforesaid all the property trans ferred by way of security even if it
exceeds the value of the secured obligations. Otherwise, thecreditor shall only sell or set-off as much as is required to c over the
secured obligations, interest and charges and return the excess
property to the transferor.
(9) Except where special laws perm it otherwise, it shall not be
lawful for the debtor to agree on the value of property transfe rred
by way of security for the purposes of enforcement before the
receipt by him of a notice of sal e or set-off provided for in a rticle
2095G(2); provided it shall be lawful to agree on a value to be
established by reference to a mar ket or on valuation mechanisms  to
be followed in case of disag reement between the parties.
(10) The Court may, a posteriori , on the demand of the debtor
verify the commercial reasonableness of the realisation of theproperty or the valua tion used in terms of the preceding provis ions.
Upon such review the Court may, if it finds that the realisatio n was
not carried out in accordance w ith the agreement between the
parties or, absent terms of agr eement, in a commercially reason able
manner or at a fair value, condemn the creditor to pay damages to
the transferor and, or the debto r for the losses suffered by hi s
actions.
Return of property 
to debtor.Added by:
VIII.2010
.61.2095I.  (1)  When the debtor has performed the secured
obligations the creditor is bound absolutely to return the prop erty
to the transferor by carrying out such formal and others acts a s may
be required.
(2) Except as otherwise agreed, i t  s h a l l  n o t  b e  l a w f u l  f o r  t h e
transferor to demand the partial return of the property transfe rred
by way of security on the partial fulfilment of the securedobligations and the creditor is only obliged to return the prop erty so
  454     [CAP. 16.           CIVIL CODE
transferred to the transferor, when the debtor has fully perfor med
the secured obligations.
(3) The terms of any undertaking relating to the return of
property transferred in accor dance with this Title shall be
enforceable in accordance with its terms and the provisions ofarticle 1357 shall not apply.
Reservations.
Added by:VIII.2010
.61.2095J.  (1) Nothing in this Title shall limit or affect the
application of the laws of Malta which may implement theFinancial Collateral Arrangements Directive (2002/47/EC)
, as the
same may from time to time be amended, in so far as it applies to
particular property which may be the subject of a title transfe r
financial collateral arrangement.
(2) A transfer of an obligation by way of security shall not
affect the operation or effect o f the legal or contractual term s of the
underlying debt or other right being the property transferred b y way
of security.
(3) A debtor of a debt or other  right may, in accordance with
article 1996A, validly waive his rights of set-off or other def ence
vis-a-vis  his immediate creditor when such debt or other obligation
is the subject of a transfer by way of security and such debtor  shall
not, thereafter, be entitled to raise any defence against any c laim
made by a transferee of the assign ed debt and this  notwithstand ing
the absence of any notice or ac knowledgement in terms of articl e
1471.
(4) The provisions of article 1483 shall not apply in the case o f
an assignment by way of security.
Title  XXIV
OF THE BENEFIT OF SEPARATION OF  ESTATES
Definition. 2096.  The benefit of separation of e states is the right which the
creditors of a deceased person and his legatees have, to demand
that the property, both movable and immovable, of the inheritan ce
be separated from the particular property of the heir, and appl ied to
the payment of their respective debts or legacies with preferen ce
over all the heir’s own creditors.
Effects of benefit. 2097.  The effect of the aforesaid benefit in favour of those
entitled to it is only that of protecting them against any prej udice
which they might sustain in regard to the property of theinheritance in consequence of the claims of the particular cred itors
of the heir; and such benefit maintains in favour of all and ea ch of
them, in competition, such rights only as are competent to themrespectively, according to the nature and the conditions of the ir
debts or other rights over the property of the inheritance.
Time within which 
it may be 
exercised.2098.  The right to exercise the said benefit ceases unless it is
exercised within one year from the day of the opening of the
succession.
CIVIL CODE  [CAP. 16.   
Alienation of 
hereditary property 
before benefit is 
exercised ,2099.  Any alienation of hereditary p roperty, whether movable or
immovable, made by the heir, even  during the course of the said
time, before such benefit is exerc ised, shall remain unimpaired ; but
in any such case the benefit may be exercised over the price wh ich
may be still due.
or after benefit is 
exercised.2100. (1) Any alienation of movables made by the heir shall
remain unimpaired, even if made after the benefit has been
exercised, saving the provisions of the law relating to the ali enation
of litigious things.
(2) Immovables, however, alienat ed after the benefit aforesaid
has been exercised, continue to be subject to the rights of thecreditors of the deceased and to those of his legatees.
How benefit is 
exercised.2101. (1) The said benefit is exercised by means of a judicial
demand.
(2) As regards immovables, however, the registration of the
benefit takes the place of such demand.
Contents of note 
for registration.2102. (1) For the purpose of effecting the registration of the
benefit of the separation of est ates, there shall be presented to the
Director of the Public Reg istry a note containing -
(a) the particulars set forth in paragraphs ( a), (b), (c), (d),
(e) and ( f) of article 2042;
(b) a demand for the registration of the benefit of the
separation of the estate of the deceased debtor from
that of his heirs.
(2) The provisions of articles 2043 to 2047 and 2049 to 2052
shall apply to the registration of this benefit.
Effects of 
registration.2103.  The registration of the afore said benefit effected within
three months of the day of the opening of the succession shall be
operative as from such day in regard to immovables alienatedwithin the said time.
When benefit 
cannot be 
exercised.2104. (1) The benefit of the separation of estates cannot be
exercised if there has been novation by acknowledging the heir as
the debtor.
(2) The benefit shall not operate except in favour of the person s
exercising it.
(3) It may be exercised in regard to all the property
indiscriminately or for the separation of one or more things
specified in the demand.
Creditors of heir 
cannot demand 
benefit.2105.  The creditors of the heir cannot demand the separation of
estates against the cred itors of the inheritance.
Saving as to 
successions opened before 11th 
February, 1870.2106.  The benefit of the separation of estates in regard to
successions opened before the 11th February, 1870 shall continu e
to be regulated by the laws in force at the time of the opening  of
such successions.
  456     [CAP. 16.           CIVIL CODE
Title  XXV
OF PRESCRIPTION
GENERAL PROVISIONS
Definition of 
prescription.2107. (1) Prescription is a mode of acquiring a right by a
continuous, uninterrupted, peaceable, open, and unequivocal
possession for a tim e specified by law.
(2) Prescription is also a mode of releasing oneself from an
action, when the creditor has failed to exercise his right for a time
specified by law.
Renunciation 2108. (1) Prescription cannot be renounced beforehand, nor
shall it be lawful to establish a time for prescription longer than
that specified by law.
(2) Prescription already acquired may be renounced.
may be expressed 
or tacit.2109. (1) Renunciation of prescription is express or tacit.
(2) Tacit renunciation is inferred from a fact which implies the
abandonment of the right acquired.
Persons who 
cannot renounce prescription 
already acquired.2110.  A person who is under disability to alienate cannot
renounce a prescriptive right already acquired.
Plea of prescription 
to be set up by 
party.2111.  The court cannot of its own motion give effect to
prescription, where the plea of prescription has not been set u p by
the party concerned.
When it may be set 
up.2112.  Prescription may be set up at any stage of the proceedings,
even on appeal.
By whom it may be 
set up.2113.  Creditors and other persons having an interest in giving
effect to prescription may set u p the plea of prescription, eve n
though the debtor or the posse ssor shall have renounced it.
Things not subject 
to prescription.2114.  Prescription does not take pl ace in regard to things which
are extra commercium .
Things to which 
prescription 
applies. 
Amended by: L.N. 148 of 1975.  2115. (1) Prescription applies to rights and actions vested in
any person, institution, or body corporate, indiscriminately, a s well
as to property subject to entail.
(2) Nevertheless, prescription may not be set up against any
right or action of the Government of Malta, except in the cases
mentioned in articles 2149, 2153, 2154, 2155 and 2156.
Applicability of the 
provisions of this 
Title. 2116.  The provisions of this Title shall apply, unless otherwise
provided in other parts of this Code or in other laws.
Prescriptions 
commenced before 
the 11th February, 1870.2117. (1) Prescriptions commenced  before the 11th February,
1870 shall be governed by the law then in force.
(2) Nevertheless, prescrip tions commenced before the
aforesaid day, and for the comp letion of which, according to th e
CIVIL CODE  [CAP. 16.   
law then in force, a period of t ime longer than that fixed by t his
Code had yet to run, shall be completed by the lapse of the per iod
fixed by this Code to be r eckoned from th e said day.
(3) No period of time elapsed previously to the said day shall
be computed for the prescription of things or actions which,according to the law then in for ce, were not subject to prescri ption,
and which have become so subject in virtue of this Code.
Prescription and 
arbitration proceedings.Added by:II.1996.78
Cap. 387.2117A. With regard to prescription, the referral of any matter to
arbitration in accordance wi th the provisions of the Arbitration Act
shall have the same effect as a judicial action before a compet ent
court.
Sub-title I
OF THE CAUSES WHICH PREVENT  PRESCRIPTION
Persons holding on 
behalf of others cannot prescribe in 
their own favour,2118.  Persons who hold a thing in the name of others or the heirs
of such persons, cannot prescribe in their own favour: such are
tenants, depositaries, usufructuaries, and, generally, persons who
hold the thing not as their own.
but may do so upon 
change of title. 2119.  The persons mentioned in the last preceding article may,
nevertheless, prescribe, if their title is changed by a cause f lowing
from a third party, or by the opposition which they may have ma de
to the right of the owner.
Persons acquiring 
from tenant , etc., 
may prescribe.2120. Any person to whom a tenant, depositary, or other mere
holder has transferred the thing under a title capable of trans ferring
ownership, may prescribe.
Prescription 
against own title.2121. (1) No one can prescribe against his own title, in the
sense that no one can change, in regard to himself, the cause f or
which he holds the thing.
(2) Nevertheless, a person may pr escribe against his own title,
in the sense that he may by prescription obtain his discharge f rom
an obligation.
Sub-title II
OF THE CAUSES WHICH SUSPEND PRESCRIPTION
Prescription runs 
against any person generally. 2122. Prescription runs against - 
(a) an absentee;
(b) a vacant inheritance even  though a curator has not
been appointed thereto;
(c) the heir during the time for making up the inventory or
for deliberating; and
  458     [CAP. 16.           CIVIL CODE
(d) generally, any other person not included in the
exceptions laid down in th e following articles.
Exceptions. 
Amended by: 
XLVI.1973.107;
XXI.1993 .2.2123.  Prescription does not run -
(a) as between spouses;
(b) as between the parent and the child subject to parental
authority;
(c) as between the person under tutorship or curatorship
and his tutor or curator until the tutorship or
curatorship ceases, and the accounts are definitely
rendered and approved;
(d) as between the heir and the inheritance entered upon
inventory.
Minors , persons 
interdicted , etc.
Amended by:
XXIII.2017. 89;
XXXII.2018. 16.2124. (1) Save as otherwise provide d by law, prescription does
not run against minors and persons interdicted.
(2) Nor does it run, during the continuance of marriage, against
any one of the spouses, in any case in which the action compete nt to
such spouse, if exercised, would vest the defendant with a righ t of
relief against the other spouse.
(3) Where damages arise from a  criminal offence committed
against a minor, prescription shall run from the day on which t he victim
attains the age of majority.
Other cases of 
suspension of 
prescription.
Amended by:VI.2004
.4;
XXX.2015 .9.2125.  Prescription is likewise suspended -
(a) in regard to conditional rights, until the condition is
fulfilled;
(b) in regard to actions for breach of warranty, until
eviction takes place;
(c) in regard to any other action the exercise of which is
suspended by a time, un til such time expires;
(d) in regard to an action for damages, during the time
before the commencement of the cause whennegotiations are taking place between all or any of the
parties or their insurers having opposing interests in
the claim;
Cap. 378.(e) where a consumer who has a dispute with a trader, has
recourse to an ADR procedure in accordance with the
Consumer Affairs Act, the outcome of which
procedure is not binding on either party, until suchtime when the ADR procedure is brought to a
conclusion:
Cap. 378.Provided that the provisions of article 2 of the
Consumer Affairs Act shall apply in relation to thisparagraph.
Prescription 
continues after 
cessation of cause of suspension.2126.  Prescription commenced and suspended shall continue to
run as soon as the cause o f suspension shall cease. 
CIVIL CODE  [CAP. 16.   
Sub-title III
OF THE CAUSES WHICH INTERRUPT PRESCRIPTION
Interruption of 
prescription by eviction of 
possessor, 2127.  Prescription is interrupted when the possessor is deprived,
for more than one year, of the enjoyment of the thing, whether by
the owner or by a third party.
by judicial act. 2128.  Prescription is also interrupted by any judicial act filed in
the name of the owner or of the creditor, served on the party a gainst
whom it is sought to prevent the running of prescription, showi ng
clearly that the owner or credito r intends to preserve his righ t.
Interruption 
operative even if 
act is irregular , etc.2129. The interruption shall be operative even though the
demand, protest, or other judici al act is null ow ing to a defec t in its
form, or is filed before a court which is not the competent cou rt.
Time within which 
act is to be served.2130. (1) No interruption takes place if the act is not served
before the expiration of one month to be reckoned from the last  day
of the period of prescription.
Cap. 12.(2) Nevertheless, if the party to  be served is absent from Malta ,
service shall be deemed to be eff ected by the publication of a notice
in the Government Gazette, within  a month to be reckoned from t he
last day of the aforesaid period, on the demand of the party fi ling
the act, as provided in the Code of Organization and Civil
Procedure .
(3) The said notice shall contain a summary of the act of
interruption, and shall be signed by the registrar of the court  before
which the act has been filed.
Interruption by 
judicial demand. 
Cap. 12.2131.  Prescription is interrupted by a judicial demand, even
though such demand has not been notified to the defendant onaccount of his absence or for any other lawful cause, provided the
plaintiff has continue d the proceedings aga inst a curator appoi nted
by the court according to the provisions of the Code of
Organization and Civil Procedure , and has obtained a judgment on
such demand.
Interruption to be 
inoperative if 
action is 
withdrawn , etc.2132. (1) The interruption of prescription made by means of a
judicial demand shall be deeme d inoperative if the plaintiff
withdraws the action or  if the action is des erted, or dismissed .
(2) With regard to the withdrawal or the dismissal of an action,
the provisions of this article s hall not apply in cases where t he
plaintiff can, according to law, re-institute the action, provi ded
such action is so re-instituted before the same or another cour t
within one month from the day of its previous withdrawal ordismissal, and service thereof is effected in the manner and wi thin
the times established in the two preceding articles, as the cas e may
be.
Interruption by 
acknowledge-
ment,2133.  Prescription is interrupted if the debtor or possessor
acknowledges the right of the party against whom such prescript ion
had commenced.
  460     [CAP. 16.           CIVIL CODE
by payment on 
account.2134.  Prescription is also interrupted by a payment on account of
the debt, made by the debtor himself or by a person acting in h is
behalf.
Effects of 
interruption in 
regard to surety.2135.  The acknowledgment of the debt made by the principal
debtor, or any other act which interrupts prescription as again st
such debtor, shall also be effectual as an interruption against  the
surety, saving, where the surety has bound himself jointly and
severally with the principal debtor, the provisions of articles  1100
and 1101.
Period already 
elapsed not to be 
reckoned.2136. (1) Where prescription is interrupted, the portion of the
prescriptive period already elapsed shall not be reckoned for t he
purpose of prescribing.
(2) Prescription, howev er, may commence anew.
Sub-title IV
OF THE TIME REQUIRED FOR PRESCRIPTION
Commencement of 
prescription.2137.  Subject to any other provisions of the law, the prescription
of an action commences to run from the day on which such action
can be exercised, irrespective of the state or condition of the  person
to whom the action is competent.
Reckoning of 
prescriptive period.2138. (1) Prescription is reckoned by whole days, and not by
hours.
(2) The days are running days: the months are reckoned
according to the calendar.
When prescription 
is completed. Amended by: 
XI.1977.2.2139. (1) Prescription is completed immediately upon the
expiration of the last day of the prescriptive period.
(2) Nevertheless, if the last  day is a Saturday or a public
holiday, prescription shall be completed upon the expiration of  the
next following day, not being a Saturday or a public holiday.
§ I. OF PRESCRIPTION OF TEN, THIRTY AND FORTY YEARS
Prescription of ten 
years.2140. (1) Any person who in good faith and under a title
capable of transferring ownersh ip possesses an immovable thing
for a period of ten years ac quires ownership thereof.
(2) If the title derives from an  act which, according to law,
must be registered in the Public Registry, the prescriptive per iod
does not commence to run except from the day of the registratio n of
such act.
Good faith. 2141 . Good faith must not only exist at the time of acquisition,
but must continue during the whole prescriptive period.
CIVIL CODE  [CAP. 16.   
Bad faith of 
predecessor does 
not prejudice 
successor.2142. (1) The bad faith of a previous possessor does not
prejudice his successor, whether universal or singular.
(2) Nevertheless, in any such case the successor may not, for
the purposes of prescription, con join his possession with that of his
predecessor.
Limitation of real , 
personal or mixed 
actions.2143.  All actions, whether real, pers onal, or mixed, are barred by
the lapse of thirty years, and no opposition to the benefit of
limitation may be made on the ground of the absence of title orgood faith.
Prescription of 
forty years.2144 . (1) The prescriptive period referred to in articles 2140
and 2143 shall not apply in the case of immovables subject to
entail, or of immovables or actions belonging or competent to
churches or other pious institutions.
(2) In the cases referred to in th e said articles, prescription as
regards property or actions mentioned in sub-article (1) of thi s
article is only completed by the l apse of forty years, provided  that
no opposition to the benefit of limitation may be made on the
ground of the absence of title or good faith.
Rights which 
cannot be 
exercised but seldom.2145. (1) The provisions of the las t preceding article shall also
apply in the case of a right, ev en if ecclesiastical, which can not be
exercised but seldom.
(2) In any such case, however, the party pleading prescription
must, besides the lapse of forty years, prove also that, within  such
period, there were at least three occasions on which such right
could have been exercised, and t hat on each occasion he exercis ed
such right, or, as the case may be , that the party to whom such  right
was competent failed on each  occasion to exercise it.
Obligation of 
debtor in the case 
of an annuity.2146. (1) After twenty-five years from the date of the last
writing, the debtor of an annuity or other yearly payment which  is
to continue for more than thirty years may be compelled to give  to
the creditor or to the person cl aiming under him, a new writing
containing an acknowledgment of the debt, or a declaration of t he
payments made.
(2) The creditor may require such writing to be, at his expense,
made by means of a public deed.
§ II. O f Certain Particular Prescriptions
Actions barred by 
the lapse of one 
year.2147.  The following actions are bar red by the lapse of one year: 
(a) actions of masters and teach ers of sciences or arts, for
lessons given by the day or by the month;
(b) actions of keepers of inns, taverns or lodging-houses
for lodging and board furnished by them;
(c) actions of domestic servant s or other persons paid by
the month, of artificers o r  d a y - l a b o u r e r s  f o r  t h e
payment of their wages, sala ries or the supplies due to
  462     [CAP. 16.           CIVIL CODE
them;
(d) actions of carriers by lan d or water referred to in
articles 1628 to 1631 for the payment of their hire or
wages.
Actions barred by 
the lapse of 
eighteen months.Amended by:
I.2017
.2.2148.  The following actions are barred by the lapse of eighteen
months:
(a) actions of tailors, shoemakers, carpenters, masons,
whitewashers, locksmiths, goldsmiths, watch-makers,
and other persons exercisi ng any trade or mechanical
art, for the price of their work or labour or the
materials supplied by them;
(b) actions of creditors for the price of merchandise,
goods or other movable things, sold by retail;
(c) actions of persons who keep educational or
instructional establishments of any kind, for the
payment of the fees due to them;
(d) actions of persons for the payment of their salary;
(e) actions of brokers for brokerage fees;
(f) actions of any person for the hire of movable things.
Actions barred by 
the lapse of two 
years. Amended by: 
L.N. 148 of 1975;
VIII.2007
.25.2149.  The following actions are barred by the lapse of two years:
(a) actions of builders of ships or other vessels, and of
contractors in respect of constructions or other works
made of wood, stone or other material, for the works
carried out by them or for the materials supplied by
them;
(b) actions of physicians, surgeons, obstetricians and
apothecaries for their visits or operations or for
medicines supplied by them;
(c) actions of advocates, legal procurators, notaries,
architects and civil engi neers, and other persons
exercising any other profession or liberal art, for their
fees and disbursements;
(d) actions of procurators ad litem  or other attorneys or
mandataries, for their remuneration, the expenses
incurred by them, indemnities due to them for losses
sustained, and for the reimbursement of advancesmade by them.
Commencement of 
prescription in 
regard to actions of 
advocates , etc.2150. (1) In regard to the said actions of advocates, legal
procurators or procurators ad litem , the prescriptive period shall
commence to run from the day of the final decision or of thecompromise of the lawsuit or from the day of the cessation of t heir
mandate.
(2) For the purposes of this article, any act which, although no t
forming part of the proceedings of the suit, is, nevertheless,
connected therewith, shall be deemed to be part of suchproceedings.
(3) In regard to fees for advice and to fees or expenses for
CIVIL CODE  [CAP. 16.   
judicial letters, protests, warra nts, applications or other act s or
services not connected with a suit pending or commenced within
two years from the day on which the advice, act or service has been
given or has taken place, the pre scriptive period shall commenc e to
run from that day.
Continuation of 
supplies , etc.2151. (1) In the cases referred to in the last four preceding
articles, prescription takes pl ace, even though there may have been
a continuation of supplies, deliv eries on credit, labour, servi ces or
other work.
(2) Nevertheless, in such case, where the claim in respect of
such supplies, deliveries, labour, services, or other work isevidenced by an approved account or other written declaration o f
the debtor, the action shall no t be barred except by the lapse of five
years to be reckoned from the d ate of such account or declarati on.
Limitation of 
actions against advocates and legal 
procurators in 
connection with papers delivered to 
them.2152. (1) Advocates and legal procurators are released from
any obligation to account for pape rs relating to lawsuits or ad vice
on the expiration of one year from the day when such lawsuits h ave
been decided or otherwise dispos ed of, or such advice given.
(2) They are likewise released from any obligation to account
for any papers which may have been delivered to them for the
purpose of commencing a lawsuit, on the expiration of two yearsfrom such delivery, if within such time the lawsuit has not bee n
commenced.
(3) They may, however, be called upon to declare on oath
whether they are in possession of  such papers, or whether they
know where such papers are to be found.
Actions for 
damages not 
arising from 
criminal offence.2153. Actions for damages not arising from a criminal of fence
are barred by the lapse of two years.
Actions for 
damages arising 
from criminal 
offence. Amended by: 
I.1870.8. 
Cap. 9.2154. (1) With regard to the prescription of civil actions for
damages arising from criminal offences, the rules laid down in the
Criminal Code  relating to the prescription of criminal actions shall
be observed.
(2) Nevertheless, any person who has stolen a thing, or who has
become the possessor thereof by means of an offence of fraud, o r
who has received or bought such thing, knowing it to have been
stolen or fraudulently acquired, cannot prescribe for it,
notwithstanding any lapse of time.
Action for 
recovery of thing 
lost or stolen.2155. (1) The action for the recovery from a third party of a
movable thing which has been lost or stolen, where such action is
competent under article 559, is barred by the lapse of two year s, if
the third party received the thing in good faith.
(2) If he received it in bad faith  the provisions of sub-article  (2)
of the last preceding article shall apply.
  464     [CAP. 16.           CIVIL CODE
Actions barred by 
the lapse of five 
years. 
Amended by: XXVII.1976.12;
VIII.2007
.26;
I.2017 .3.2156.  The following actions are barred by the lapse of five years:
(a) actions for payment of year ly ground-rent, perpetual or
life annuities, interest on annuities ad formam bullaecreated before the 14th A ugust, 1862 and for the
payment of fines due upon a sale or other alienation of
emphyteutical tenements;
(b) actions for payment of maintenance allowances;
(c) actions for payment of rent of urban or rural property;
(d) actions for payment of interest on sums taken on loan
or for any other cause, and,  generally, of any other
thing payable yearly or at other shorter periodical
terms;
(e) actions for the return of money given on loan, if the
loan does not result from a public deed;
(f) actions for the payment of any other debt arising from
commercial transactions or other causes, unless such
debt is, under this or any other law, barred by the lapse
of a shorter period or unless it results from a public
deed;
(g) except as provided for in any special law, actions of the
Government of Malta for the payment of judicial fees,
customs or other dues:
Provided that actions referred to in paragraphs ( a) and ( c),
where such payments are due to t he Government of Malta, shall b e
barred by prescription by  the lapse of ten years.
Action for 
rendering of 
accounts against 
tutor, curator , etc.2157.  An action for the rendering of accounts against any tutor,
curator, mandatary, or other administrator, is barred by the la pse of
five years from the day of the cessation of the management, or by
the lapse of one year from the death of the tutor, curator,
mandatary, or other administrator.
Plea of prescription 
may be set up 
against party paying for debtor.2158.  The prescriptions established in articles 2147 to 2157 may
be set up even against the party who has paid for the debtor, u nless
the payment was made on the demand or with the concurrence ofthe debtor himself, or unless the  payor was, as surety, or as a  joint
and several debtor, or for a ny other cause, bound to pay.
Minors and 
persons 
interdicted.2159.  Such prescriptions run against minors and persons
interdicted, saving their right to relief against the tutor or curator.
Debtor or his heirs 
or those claiming 
under him may be 
put on oath.Amended by:
I.2017
.4;
VIII.2017 .8.2160. (1) The prescriptions established in articles 2147, 2148,
2149, 2156 and 2157 shall not be effectual if the parties plead ing
them, do not of their own accord  declare on oath, during the ca use,
that they are not debtors, or that they do not remember whether  the
thing has been paid.
(2) If the oath is deferred to the heirs of the person whom the
plaintiff alleges to have been t he debtor, or to parties claimi ng
under such person, the said prescriptions shall not be effectua l if
such heirs or parties do not decl are that they do not know that  the
thing is due.
(3) In proceedings for the collect ion of debts referred to in th e
CIVIL CODE  [CAP. 16.   
proviso to article 2156, where a party to the proceedings decla res
on oath that he or she is not a debtor, such party shall be req uired to
give reasons why he or she considers himself or herself not to be a
debtor.
  466     [CAP. 16.           CIVIL CODE
FIRST SCHEDULE
Amended by: 
XIII.1932.3.
Substituted by: 
XXVIII.1948.2. Amended by: 
XXI.1962.19; 
XXXI.1965.23; VI.1972.3; 
XXX.1979.5; 
L.N. 161 of 1989
. 
Substituted by:
L.N. 212 of 1997 .
Amended by:L.N. 355 of 2004
;
VIII.2007 .27.
Substituted by:L.N. 407 of 2007
.
Amended by:
XIII.2007 .13;
XXIV .2011 .99;
XV.2012 .27;
XIX.2012 .16;
L.N. 311 of 2012 ;
XXV .2014 .5;
L.N. 92 of 2015 ;
XII.2015 .6.PART I
FEES
Fees to be levied under section 268
€
1. For the registration of an act of birth ................. 2.60
2. For the registration of an act of marriage or a
civil union ................................................... ................ 2.60
Note: For the payment of the fees respectively
established at paragraphs, 1 and 2, the parents of the
child, in the case of a birth, a nd the spouses, in the case of
a marriage, are liable in solidum .
3. For every certificate attesting that no entry exists
in Civil Status Records in respect of a particular
individual including the fee for the search ................... ...  5.15
4. ( a) For every extract from a registered act of
birth, marriage, civil union, death or entry in the Adopted
Persons Register in accordance with Forms I, K, KK, M,
O in Part II of the First Schedule to this Code ............... .... 2.60
(b) For every extract from a registered act of
birth, marriage, death or entry in the Adopted Persons
Register in accordance with Forms J, L, P in Part II of theFirst Schedule to this Code ................................... ......... 2.60
(c) For every certificate containing a copy in
full of a registration of birth, marriage, civil union ordeath with such notes as may be  appended thereto .......... 10.2 5
(d) For every extract from a registered act of
birth, marriage, civil union, death or entry in the Adopted
Persons Register ordered form the Public Registry
electronic website ............................................ ............ 2.50
(e) For every certificate containing a copy in
full of a registration of birth, marriage, civil union or
death with such notes as may be appended thereto
ordered from the Public Registry electronic website ........ 9.9 5
5. For an entry in the Adopted Persons Register ..... 2.60
6.* For every certificate reproducing all acts of civil
status against any individual ................................. ........ 13.20
* 
Not yet in force .
CIVIL CODE  [CAP. 16.   
Amended by:
XXI.1993.7.Substituted by:
XXIII.2017
.90;
L.N.339 of2019 .FORM C
(Article 278)

  468     [CAP. 16.           CIVIL CODE
FORM D
(Article 287)Amended by:
XXXI.1933.7Substituted by:
XXIII.2017
.90;
L.N. 339 of 2019.

CIVIL CODE  [CAP. 16.   
FORM E
(Article 293)Substituted by:
L.N. 339 of 2019.

  470     [CAP. 16.           CIVIL CODE
Added by:
IX.2014 .14.
Substituted by:L.N. 339 of 2019.FORM EE

CIVIL CODE  [CAP. 16.   
Substituted by:
L.N. 339 of 2019.FORM F
(Article 296)

  472     [CAP. 16.           CIVIL CODE
Substituted by:
L.N. 339 of 2019.FORM G
(Article 301)

CIVIL CODE  [CAP. 16.   
Added by:
Ord XXI.1962.19.
Substituted by:XXIII.2017
.90;
L.N. 339 of 2019.FORM H
(Article 125)

  474     [CAP. 16.           CIVIL CODE
Added:
XXXI.1965.23.
Substituted by:XXI.1993.85.
Substituted by:
XXIII.2017
.90.FORM I
(Article 251)
Extract of Act of Birth reg istered before 1st March 
2005

CIVIL CODE  [CAP. 16.   
I, the undersigned, do hereby cer tify that the following is a t rue EXTRACT from
entry No . . . . . . . . . . . . of the Year . . . . . . . . . . . in the Civil Status Records relative
to Acts of Birth and the Adopted Persons’ Register kept in the Public Registry
Office, Valletta, Malta/Victori a, Gozo, in accordance with the provisions of the Civil
Code (Cap. 16).
Place of birth: Date of birth:Name and Surname:Sex:
PUBLIC REGISTRY OFFICE - MALTA/GOZO
                 DIRECTORFORM J
(Article 251)Added by: 
XXXI.1965.23.
Substituted by: XXI.1993
.85.
  476     [CAP. 16.           CIVIL CODE
REĠISTRU PUBBLIKU
PUBLIC REGISTRY
Jien hawn taħt iffirmat, b’dan ni ċċertifika illi dan ta’ hawn t aħt huwa
ESTRATT veru mill-Att taż-Żwieġ Nru  reġistrat fl-Uffiċċju tar- Reġistru
Pubbliku, il-Belt, Valletta, Malt a skont id-dispożizzjonijiet t al-Kodiċi Ċivili
(Kap. 16). 
I, the undersigned, do hereby certify that the following is a true EXTRACT from the
Act of Marriage No.          registered in the Public Registry Office, Valletta, Malta in
accordance with the provisions of the Civil Code (Cap. 16). 
UFFIĊĊJU TAR-REĠISTRU PUBBLIKU – MALTA/GĦAWDEX
PUBLIC REGISTRY OFFICE – MALTA/GOZO
DIRETTUR
DIRECTORSubstituted by:
XXIII.2017 .90.FORM K
(Article 251)
Partikolaritajiet 
dwarParticulars Respecting Isem u 
Kunjom Name and Surname Età jew data tat-
twelid Age or date of birth Post tat-
twelid Place of birth Ġenituri tal-miżżewġin
Parents of spouses
Konjuġi
Spouse 
Konjuġi
Spouse
Post u data taż-
żwieġ Place and date of 
marriage Aħna nagħżlu li* ________.
We choose to* ___________.
(*Daħħal l-għażla tal-kunjom magħżula ai termini  tal-artikolu 4 tal-Kodiċi Ċivili, 
Kap. 16)  (*Insert the choice of surname chosen in te rms of article 4 of the Civil Code, Cap. 16) 
Aħna nagħżlu* ________ bħala Isem tal-Familja.
We choose * ___________ as our Family Name.
(*Daħħal l-għażla tal-kunjom magħżula ai termini tal-artikolu 4 tal-Kodiċi Ċivili, 
Kap. 16)  (*Insert the Family Name chosen in term s of article 4 of the Civil Code, Cap. 16)
CIVIL CODE  [CAP. 16.   
Substituted by:
XXIII.2017 .90.FORM KK Added by:XXV .2014
.5.

  478     [CAP. 16.           CIVIL CODE
 I, the undersigned, do hereby certify that the following is a true extract from Act of
Marriage No. ..................................... registered i n the Public Registry Office, Valletta,
Malta/Victoria, Gozo, in accordan ce with the provisions of the Civil Code (Cap. 16). 
Name, surname and surname at b irth of spouse:  ........ ......... .............
Name, surname and surname at b irth of spouse: ......... ......... .............
Place of marriage:............................................. ................................
Date of marriage: ............................................. ................................
The spouses chose ................ ................ ....... as th eir Family Name.
PUBLIC REGISTRY OFFICE - MALTA/GOZO
DIRECTORAdded by: 
XXXI.1965.23. 
Amended by: XXI.1993
.85.
Substituted by:
XXIII.2017 .90.FORM L
(Article 251)
CIVIL CODE  [CAP. 16.   
Deleted by article 85 of Act XXI of 1993.
Deleted by article 85 of Act XXI of 1993.Added by: 
XXXI.1965.23.FORM M
(Article 251)
Added by: 
XXXI.1965.23.FORM N
(Article 251)
  480     [CAP. 16.           CIVIL CODE

CIVIL CODE  [CAP. 16.   
I, the undersigned, do  hereby certify that the following is a t rue extract from Act of
Death No.   registered in the Pub lic Registry Off ice, Valletta,  Malta/Victoria, Gozo,
in accordance with the provision s of the Civil Code (Cap. 16).
Name and surname of deceased: Place and date of death:Age (years):
PUBLIC REGISTRY OF FICE - MALTA/GOZO
                DIRECTORFORM P 
(Article 251)Added by: 
XXXI.1965.23.
  482     [CAP. 16.           CIVIL CODE
/g3

CIVIL CODE  [CAP. 16.   

  484     [CAP. 16.           CIVIL CODE
FORM S
(Article 4(2))
DECLARATION OF A WOMAN WHO WAS MARRIED BEFORE THE 4TH 
OF FEBRUARY 2005 WHO CHOOSES TO  RE-ADOPT THE SURNAME OF 
HER PREDECEASED SPOUSE
I the undersigned, declare that I in the presence of my husband and of the
undersigned, witness that I choose to re-adopt the surname of my predeceased
spouse:
-----------------------------------
(chosen surname)
Details of present marriage
Details of previous marriage
Wife’s Signature .............. Husband’s Signature ........... ... Submitted on ................
Witnesses’ Signature ........ ............................  From .........................Name and Surname of 
HusbandName and Maiden 
Surname of WifeDate and Place of Marriage
Particulars of the previous marriage
Particulars regarding the wife ’s predeceased spouse at the date  of the previous marriage
Name and 
SurnameAge Place of Birth Name and Surname of 
Parents and whether alive or 
deceased
*No. of Act of Marriage *Date of marriage
Day Month  Year*Note: When the marriage
or death are not registered in
the Public Registry evidencehas to be brought according
to the Director’ s exigencies
*No. of Act of Deat h *Date of Death
Day Month Year
CIVIL CODE  [CAP. 16.   
FORM T
(Article 4(3))
DECLARATION OF A CHILD OF THE MARRIAGE 
BORN BEFORE THE 7TH AUGUST 2007 ON THE USE OF A SURNAME
* I the undersigned, declare in the presence of the undersigned witness, that I intend to
add my mother's maid en surname or the su rname of her predecease d husband after the
surname of my father, and thus the name that I use is:
....................................................
(surname in full)
Particulars regarding the act of birthParticulars 
regardingName and Surname Age Place of 
BirthName and Surname 
of Parents of spouses 
in marriage and 
whether alive or 
deceased
The child years
** No of Act of 
BirthDate
Day Month YearPlace of Birth
  486     [CAP. 16.           CIVIL CODE
Declarator’s Signature ........................ Submitted on .. ............ From ....................
Witness’ Signature .......................................Notes :
*Delete where required
**When the birth is not register ed in the Public Registry evide nce has to be brought according
to the Director’s exigencies
*** When the act is not registered in the Public Registry evide nce has to be br ought according
to the Director’s exigencies
**** List whether the act is of birth, marriage or deathParticulars regarding other acts of civil status where it appea rs that the 
declarator***
Nature of the Act 
of Civil Status****Day Month Year
Name and Surname of Parents 
and whether alive or deceased
CIVIL CODE  [CAP. 16.   
FORM U
(Article 4(7))
DECLARATION OF THE USE OF A SURNAME OF NATURAL CHILD 
OR ADOPTED PERSON OF THE P ERSON WHO SUBMITTED FORM T
I the undersigned, declare in the presence of the undersigned witness, that I intend
to adopt my father’ s surname as noted in his act of birth according to article 4(3),
which is:
......................................................
(surname in full)
Particulars regarding the act of birthParticulars 
regardingName and Surname Age Place of 
BirthName and Surname 
of Parents of spouses 
in marriage and 
whether alive or 
deceased
The declarator years
*No of Act of 
BirthDate
Day  Month YearPlace of Birth
  488     [CAP. 16.           CIVIL CODE
Declarator’s Signature ........................ Submitted on .. .............. From ................. 
Witness’ Signature ...........................................
Notes :
*When the birth is not registere d in the Public Registry eviden ce has to be brought according to
the Director’s exigencies
**When the act is not registered in the Public Reg istry evidenc e has to be brought according to
the Director’s exigencies
*** List whether the act is of birth, marriage or death.Particulars regarding other acts of civil status where it appea rs that the declarator**
No of the Act 
of Civil 
Status ***Nature of Civil 
StatusDay Month Year
Name and Surname of 
Parents and whether alive 
or deceased
CIVIL CODE  [CAP. 16.   
DECLARATION BY A PERSON REQUES TING MINOR ALTERATION ON THE 
NAME IN THE ACT OF BIRTH OR FOR M OF ENTRY IN ADOPTED PERSONS 
REGISTER
Particulars in the Act of Birth:
Request for particulars to be amended to:
Declarator’s Signature ........................Submitted on ... ................FORM V
(Article 278A)Added by:
L.N. 311 of 2012 .
Amended by:
XXIII.2017 .91.
Act Number Name/s of the 
ChildName/s by which 
the Child is to be 
calledDate of Birth Place of Birth
Day Month Year
Name
  490     [CAP. 16.           CIVIL CODE
Added by:
XII.2015 .7.FORM W
(Article 92(1))

CIVIL CODE  [CAP. 16.   
Added by:
XII.2015 .7.FORM X
(Article 92(1))

  492     [CAP. 16.           CIVIL CODE
Added by: 
XXXI.1965.23. 
Amended by: 
XXX.1995 .7;
XXV .2014 .5. PART III
(Article 257)
Particulars regarding corrections of Acts of Civil Status
ACT OF BIRTH
(a) Date of the Act;
(b) Place of birth of the child;
(c) Sex of the child;
(d) Names given to the child;
(e) Name or names by which th e child is to be called;
(f) Age and place of birth and residence -
(i) of the parents of the child; and
(ii) of the person ma king the declaration;
(g)Name and surname of the grandfathers of the child and of the
father of the person m aking the declaration;
(h) W h e t h e r  t h e  g r a n d f a t h e r s  o f  t h e  c h i l d  o r  t h e  f a t h e r  o f  t h e
person making the declarat ion are living or dead;
(i) All the particulars of the witnesses, if any.
ACT OF MARRIAGE
(a) Date of the Act;
(b) Name and surname (wherever they may occur), date and
place of birth and residence of  the husband and of the wife;
(c) Name and surname of father and name, surname and maiden
surname of mother of t he husband and wife;
(d) All the particulars  of the witnesses;
(e) The church, chapel, or other place where the marriage took
place.
ACT OF DEATH
(a) Date of the Act;
(b) Name and surnam e of the deceased;
(c) Whether the deceased was marri ed or unmarried, widower or
widow;
(d) Age, place of birth and r esidence of the deceased;
(e) Name and surname of parents of the deceased, and whether
they are living or dead;
(f) The place and cause of d eath, and place of burial;
(g) All the particulars of the witnesses, if any.
CIVIL CODE  [CAP. 16.   
ACT OF CIVIL UNION
(a) Date of the Act;
(b) Name and surname (wherever they may occur), date and place
of birth and residence of p arties in the civil union;
(c) Name and surname of father and name, surname and maiden
surname of mother of the p arties in the civil union;
(d) All the particular s of the witnesses;
(e) The place where the civil union took place.
Added by:
XIII.2007 .13.
Amended by:L.N. 196 of 2010;
L.N. 426 of 2012
;
XXV .2019 .28.SECOND SCHEDULE
Title I
OF LEGAL ORGANISATIONS
Sub-Title I
Preliminary and Definitions
Preliminary and 
definitions.
Amended by:L.N. 196 of 2010;
XXXVI.2018
.41.1. (1) For the purposes of this Schedule, an organisation
means a universality of persons  who associate or a universality  of
things which are appropriated to achieve a lawful purpose havin g a
form recognised by law, and which is capable of being a legal
person in terms of law.
(2) Organisations may be establis hed in different legal forms.
(3) The lawful purpose of an organisation referred to in sub-
article (1) shall not be contrary  to morals and public policy, which
purpose or purposes shall be one  of the categories referred to in
sub-article (4).
(4) Every organisation shall be  categorised according to its
purpose and the purpose of a ny organisation may be:
(a) to exclusively promote a social or public purpose on a
non-profit making basis, excluding any private benefit,
or if it has beneficiaries, be for the benefit of public
interest beneficiaries. For the purposes of thisparagraph "public interest beneficiaries" shall mean
any of the following:
(i) organisations, which ar e themselves established
exclusively for social or public purposes on anon-profit making basis;
(ii) religious organisations;(iii) public organisations; or(iv) beneficiaries referred to in article 32(8): 
Cap. 492Provided that this excludes any private benefit other than
those listed under the First Schedule to the V oluntary Organisation
Act or under this Schedule, in which case it is referred to as a
  494     [CAP. 16.           CIVIL CODE
"public benefit organisation"; or
Cap. 492.(b) to promote any lawful purpose in terms of the
V oluntary Organisations Act  other than those referred
to in sub-paragraph (i), whether for a private benefit or
not, in which case it is referred to as a "private benefit
organisation".
(5) When a private benefit or ganisation is established with
beneficiaries, the organisation shall be for the benefit of a p erson or
class of persons who can be ascertained, through the designatio n of
named persons, whether they are m embers, shareholders or other
interests or rights, or ar e otherwise ascertainable.
(6) Legal personality is the s tatus granted by law to an
organisation which is established for a lawful purpose stated i n
writing in a constitutive instrument or statute, which has a
patrimony of assets and liabilities, separate and distinct from  that
of any other person and the legal powers to achieve such purpos e
through the administration of its own governing body.
(7) Legal personality exists when an organisation is recognised
or is established as a legal per son by a special law or it is r egistered
in terms of the provisions of this Schedule or any other specia l law
which grants leg al personality.
(8) In confirmation of the freedom  of association guaranteed by
the Constitution  and the laws of Malta, an association of persons
shall not be required to qualify as a legal person as a pre-con dition
for such association of persons  to carry on any lawful activiti es
pursuant to any purpose for wh ich it has been established.
(9) Any person has a right to est ablish legal organisations as
long as that person complies with the prescribed rules as to fo rm
and content.
(10) Organisations may be public or private.
(11) Public organisations and their administrators are governed
by the law applicable to the State and the public service, and any
other special laws applicable to the particular organisations. When
the State makes use of forms of legal organisations governed byTitle III of this Schedule or by the provisions of any special law,
the provisions applicable to the particular legal form shall al so apply.
(12) Private organisations are governed by the provisions of
Title III of this Schedule, as m ay be applicable, and the speci al
laws which may be applicable to their legal form and their purp ose.
(13) In this Schedule -
(a) "constitutive instrument" means the public deed,
private writing, resolution or any other written
instrument or document, or the relevant part thereof,which establishes an organisation of any form and
includes a will which provides for the setting up of an
organisation;
(b) any reference to "the Court" shall be deemed to be a
reference to the Civil Court (V oluntary Jurisdiction
CIVIL CODE  [CAP. 16.   
Section) unless it is oth erwise expressly stated;
(c) "deed of foundation" means the public deed or part
thereof, which establishes  a foundation and regulates
its governance in terms of article 29. When a provisionin this Schedule establishes a requirement relating to
the deed of foundation, this shall be satisfied if such
requirement is found in the constitutive instrument orin the statute, or a combination of both, as the case
may be;
(d) "interested party" means a person who is given rights
capable of economic valuation, present or future,actual or contingent, in the constitutive instrument or
statute of an organisation or who is given powers or
functions therein and shall not include other personsunless the context otherwise requires, and this, without
prejudice to the right of any person to pursue any civil
right or remed y he may have;
(e) "international organisation" means an organisation of
which only States or other international organisations
are members;
Cap. 492(f) the term "non-profit making" shall have the meaning
a s  a s s i g n e d  t o  i t  i n  a r t i c l e  2  o f  t h e  Vo l u n t a r y
Organisations Act  ;
Cap. 544(g) "political purpose" means the promotion of the
interests of a political party or a political candidate,
whether at local, national or international level and"political party" shall have  the meaning assigned to it
by the Financing of Political Parties Act
 and for the
purpose of this Schedule shall include any otherorganisation, of whatever  legal form, financially
controlled by or affiliated with a political party or its
purpose, as stated in its statute or constitutiveinstrument or public deed or an organisation which
acts in such manner which is not autonomous from a
political party and the terms "political candidate" and"political organisation" shall be construed
accordingly;
(h) "promoter" means a person who promotes the
establishment of an organisation or holds himself outto third parties as such and, after the establishment of
an organisation, in the case of a foundation means the
founder and in the case of an association means thefirst associating members;
Cap. 55(i) "public deed" shall include any documents annexed to
such public deed in accordance with the Notarial
Profession and Notarial Archives Act  ;
  496     [CAP. 16.           CIVIL CODE
Cap. 492(j) the terms "public purpose", "public benefit" and
similar phrases mean a social purpose and any other
purpose or benefit which promotes or serves the
general public or general interest or a sector of thegeneral public and does not promote or serve any
private benefit except as permitted by the V oluntary
Organisations Act and this Schedule ;
(k) the term "public organisation" shall mean any
organisation which is controlled, directly or indirectly,
by the Government and an organisation is "controlled
by the Government" where the Government enjoys thepower to appoint or remove a majority of the
administrators of the organisation;
(l) "relevant date" means the 1st April 2008;
(m) "relevant persons" means:
(i)   the administrators;
(ii) the protector or me m b e r s  o f  a  s u p e r v i s o r y
council, if any; and
(iii) any other natural person exercising ultimate and
effective control over t he association by means
of indirect ownership or by other means,including any person, other than those already
r e f e r r e d  t o  i n  p a r a g r a p h s  ( a )  a n d  ( b )  o f  t h i s
definition, whose consent is to be obtained orwhose direction is binding, in terms of the
statute of the association or any other instrument
in writing, for material actions to be taken by theadministrators thereof;
(n) "religious organisation" means an organisation
established by a religious authority or another
religious organisation of any denomination to fulfil areligious purpose including a pious foundation or
ecclesiastical entity as d efined in this Schedule;
(o) "social purpose" means an y charitable or philanthropic
purpose, and without prejudice to the generality of theaforesaid, includes:
(i) the advancement of education, including
physical education and sports;
(ii) the advancement of religion;(iii) the advancement of health;(iv) social and community  advancement, including
the promotion of the ethical, educational andsocial aspects of a particu lar profession or trade;
(v) the advancement of culture, arts and national
heritage;
(vi) the advancement of e nvironmental protection
and improvement, including the protection ofanimals;
(vii) the promotion of human rights, conflict
CIVIL CODE  [CAP. 16.   
resolution, democracy and reconciliation;
(viii)  the promotion or protection of the interests of
other public benefit organisations, including
federations of such organisations;
(ix) the carrying out of activities intended to raise
funds to support other organisations which are
exclusively public benefit organisations or to
support the voluntary sector as a whole or partsof it through the application, grant, transfer or
otherwise making available of funds so raised to
them or for their benefit;
(x) any other purpose as may be prescribed by the
Minister responsible for justice by means of
regulations made by virtue of this Schedule,
and for the purpose of thi s Schedule, includes a
political purpose;
(p) "special law" means an Act of Parliament or any
regulations made th ereunder or a part  of this Code or a
part of this Schedule which regulates specifically aparticular legal form or forms of organisations,
including civil partnerships, foundations and
associations;
(q) "statute" means the public deed, private writing,
resolution or any other written instrument or
document, or the relevant part thereof, which governs
the purposes, objects, structure, internal managementand administration of an organisation on a continuing
basis after the organisation has been established,
whether it forms part of the constitutive instrument, as
an appendix or otherwise, or is an independent
instrument;
(r) "writing" when used in relation to a notice to be sent
shall mean printed, typewritten, or otherwise visibly
represented, copied or reproduced, including by fax or
electronic mail or other electronic means and in thecase of a private writing a combination of several
signed copies of the same i nstrument shall suffice.
Sub-Title II
Of Foreign and International Organisations
Foreign and 
international 
organisations.Amended by:
XXXVI.2018.
42.2. (1) Foreign organisations having legal personality under
the laws by which they are established or if they are registere d
overseas, under the laws of the place of registration, shall be
recognised as legal persons for all purposes of law for all pur poses
of law, with the characteristics of the legal form they may tak e under
the applicable law.
(2) International organisations which are granted legal personal ity
in any multilateral or bilateral treaty or agreement to which S tates or
international organisations, as s ubjects of international law a re parties,
shall be recognised as legal per sons for all purposes of law, w hich
  498     [CAP. 16.           CIVIL CODE
personality shall be governed by the relevant treaty or agreeme nt or by
any law of any State which is selected for the purpose by the p arties
thereto. The Minister responsib le for justice shall, from time to time,
publish a list of such orga nisations in the Gazette.
(3) In the case of a foreign or i nternational organisation which  has
legal personality, the law, treat y or agreement applicable in t erms of
sub-articles (1) and (2) shall apply to all matters regarding s uch legal
persons, including their form, their existence, the setting-up and
effects of their statute, cons titutive instrument or public dee d and their
administration, the liability of persons who control or manage or are
otherwise involved in such organisations and their dissolution,  and to
the extent that an international organisation is subject to a s pecial law
following the ratification by the State of the treaty establish ing such
organisation, such organisation shall also be governed by such law and
in case of inconsistency with its Statute or agreement, the lat ter shall
prevail.
(4) Subject to the provisions of article 19(8), a foreign or
international organisation which does not have legal personalit y
under the applicable law shall be recognised as a legal organis ation
and all matters regarding such foreign or international organis ation
including its form, its existence, the construction and effects  of its
constitutive instrument or statute, the liability or otherwise of its
promoters, members or its administrators, its administration an d its
dissolution shall be governed by the proper law applicable to i ts
constitutive instrument or statute, either express or according  to
applicable law.
(5) Notwithstanding the law applicable in accordance with the
preceding provisions, when there exists the power to carry out a
trading or a commercial activity, the limitations established u nder
article 32A shall apply to activ ities in Malta in case of found ations
established outside Malta.
(6) Unless exempted by express provision of law, any foreign
or international organisation, w hether vested with legal person ality
or not, which carries on an activity in Malta on a regular basi s is
required to register by notice i n the prescribed form with the
Registrar for Legal Persons, a ppointed under article 11 of this
Schedule, prior to commencing its activities. 
For the purposes of this sub-article:
(a) "regular activity" means an activity having a duration
of more than three months or which is carried out
through a permanent establishment in Malta; and
(b) "permanent establishment" includes a place of
business, office or branch through which an activity is
carried out on a stable and continuous basis:
Provided that the obligation to register shall not apply to
foreign religious organisations.
(7) Where a foreign or international organisation, whether
having legal personali ty or not, does not carry out regular act ivities
in Malta, but needs to prove its recognition under this article  for the
purpose of applicability of the laws of Malta other than this
CIVIL CODE  [CAP. 16.   
Schedule, the organisation may register under this sub-article by
means of a notice in the prescribed form.
(8) Whenever the purposes or activities of a foreign or
international organisation are the subject of laws regulating c redit
institutions, insurance undertaki ngs, investment services or fu nds
or the provision of trustee, fiduciary, or corporate services o r other
licensable or regulated activities, such organisation may only be
registered with the prior written consent of the Malta Financia l
Services Authority, when so requ ired by the applicable law and
where it is otherwise the competent authority under such law,
unless the foreign or international organisation is expresslyexempted from obtaining authorisation under Maltese law.
(9) The Minister responsible f or justice may from time to time
issue regulations to modify and redefine what constitutes "regu lar
activity" and to regulate regi strations under this article.
TITLE II
OF LEGAL PERSONALITY
Sub-Title I
Of Legal Persons
Recognition of 
legal persons.
Amended by:
XXXVI.2018. 43.3. (1) Legal persons are organisations endowed with legal
personality. Legal personality is acquired through the formal
recognition of the State. Recognition by the State requires a
specific act of recognition and no other administrative act of the
State in relation to a n organisation or activity shall constitu te
recognition. Except where legal personality is recognised or
established by a law or an international treaty or agreement or  is
granted in virtue of registration pursuant to any special law, legal
personality shall only be acquired by an organisation on its re gistration
with the Registrar for Legal Per sons in accordance with article  12.
(2) When organisations are created by voluntary act, they shall
be established in ac cordance with such legal forms as the law
provides for.
(3) An organisation shall only be recognised as a legal person
if it complies with such formalities as are applicable to the l egal
form selected for its estab lishment and registration.
(4) Organisations created by vo luntary act, whether registered
or not, are primarily governed by the laws applicable to their
particular legal form or to their purpose or category and, wher e the
provisions of special laws or pro visions of other parts of this  Code
do not provide on any matter provided for in this Title, also b y the
provisions of this Schedule.
(5) Organisations which do not enjoy legal personality shall
only have such rights and powers  as are granted to them by or i n
pursuance of the express provisions of law.
General rules 
applicable to legal 
persons.
Amended by:XXXVI.2018.
44.4. (1) Every legal person has a patrimony which shall be
appropriated to a purpose or pur poses in accordance with articl e 1.
(2) Every legal person must be identifiable by a unique name
  500     [CAP. 16.           CIVIL CODE
which is assigned to it on the date on which it is constituted,  and
under which it exercises rights and performs its obligations. S uch
name may be changed following th e procedure established by law.
Any name must conform to law and include, where required, a
denomination that clearly indicat es the legal form assumed by t he
legal person.
(3) Every legal person shall have an address in Malta where
communications can be received and information requested aboutits activities.
(4) Legal persons act through their organs, such as a board of
administrators, directors or tru stees and, to the extent that t hey have
members the general meeting of members on matters designated to
such organ.
(5) Legal and judicial representat ion of a legal person shall be
vested:
(a) in all cases, in any one or more of the administrators,
jointly and severally, in t he manner stated in the
statute or the applicable law;
(b) without limiting the powers of representation of the
administrators as stated in paragraph (a), in other
persons as are named in the statute of the organisationor other holders of office therein designated; and
(c) the administrators; 
shall be deemed to enjoy the power to delegate such powers of
representation by means of a written resolution or written powe r of
attorney in favour of any third parties. The administrators of a legal
person bind it to the extent of the powers vested in them by la w, the
statute and any bye-laws or as otherwise stated in the law appl icable
to their particular legal form:
Provided that any limitation in the powers of the
administrators shall not be relied upon as against third partie s in
good faith irrespective of whether such limitation, published o r not,
arises from the statute or from any internal decision, unless i t is
proved that such third party was  aware that the act was in brea ch of
the limitation.
Provided further that in the absence of any statement on the
legal representation of any organisation in the statute, the so le
administrator, or if there are more than one, any two administr ators,
shall have the legal representation of the organisation in acco rdance
with this sub-article.
(6) Every legal person shall have at least one administrator who
may act on its behalf or have such minimum number of administra tors
as may be required by the law applicable to its legal form, pur pose or
category.
(7) Any person acting in the nam e of a legal per son which does
not exist shall be bound personally to perform the obligationsundertaken, and except as otherwi se stated in any special law, a legal
person may ratify any act done in its name before it was regist ered.
Upon ratification the legal person is bound by the obligations
CIVIL CODE  [CAP. 16.   
entered into by the person who acted in its name and shall be
entitled to all rights. The ratification shall not constitute a  novation
unless the other party to the transaction expressly releases th e
person acting in the name of the legal person from the obligati ons
assumed by it:
Provided that a person acting for a legal person before it is
constituted shall not be bound personally if the contract stipu lates
otherwise or includes a statemen t to the effect that the agreem ent is
conditional upon the legal person coming into existence or that  the
legal person might not be constituted or may not assume the
obligations undertaken in the contract.
Provided further that notwithstanding the provisions of this
sub-article, where a third party deals in good faith with perso ns acting
in the name or on behalf of a legal person before its establish ment, any
contract would come into effect from the date on which the
organisation shall come into existence, and the organisation sh all be
entitled to be indemnified by the persons who had acted in its name or
on its behalf with respect to its liability under this sub-arti cle towards
the said third party.
(8) Legal persons may not exercis e tutorship or curatorship to a
person. They may, however, to the extent that they are authoris ed
by law to act as such, hold office as trustee or curator of pro perty.
They may also act as a liquidator or executor of a will, an off icial
consignee, a judicial sequestrator, a trustee or an administrat or of
another legal person.
(9) Legal persons may be the beneficiaries of dispositions
under wills as well as donations subject to the following
provisions: 
(a) testamentary dispositions in favour of unregistered
organisations shall not come into effect, and to the
extent performed shall be revocable on demand by
application to the Court of any person interested in the
will unless an application for the registration of suchorganisation is made in terms of the applicable law
within one year from the day of the opening of
succession;
(b) donations made to an organisation shall be deemed to
be made on the assumption that it is registered or will
be registered and shall not come into effect, and to the
extent performed shall be revocable on demand byapplication to the Court of the donor, unless an
application for the registration of such organisation is
made in terms of the applicable law within one yearfrom the donation;
(c) the administrators who have been informed of their
engagement and accept the same shall effect such
registration within the period above stated; and
(d) the Court shall have the power to extend such time
limit on application of any administrator or other
interested party or to order the administrator or any other
  502     [CAP. 16.           CIVIL CODE
relevant person to register the organisation and do all
such acts as may be necessary to ensure that the intent of
the testator or donor, as the case may be, is achieved atits discretion.
(10) The provisions of sub-article (9) shall not apply to
testamentary dispositions and donations in favour of pious
foundations, marriage legacies  and ecclesias tical entities.
(11) Legal personality may not be set up against a person in
good faith in order to perpetrate fraud.
Duration of legal 
persons.
Amended by:
XXXVI.2018. 45.5. (1) A legal person exists in perpetuity unless otherwise
provided by law or its statute, constitutive instrument or publ ic deed.
(2) Legal persons constituted directly by or in terms of a
special law exist from the date of the coming into force of the  law
or from the date prescribed ther ein. In other cases, legal pers ons
exist from the date of registrat ion or from such other date pro vided
for in the laws that are applicab le to their part icular legal f orm.
(3) Legal persons cease to exist w ith effect from the date when
they are struck off from the r elevant register  in accordance wi th the
laws applicable to their particular legal form or as stated in any
special law.
(4) Without prejudice to the rules applicable to legal persons o f
a particular legal form, on the application to the Court of any
interested person or the Registrar, the Court may, failing the taking
of such relevant actions by the legal person or its officers ac cording
to the applicable law, order the striking off from the register  of the
legal person in the following cases:
(a) when the persons vested with such authority so
determine in accordance with the statute, cons titutive
instrument or public deed; or
(b) upon the happening of the events expressly stated to
have such effect -
(i) in the constitutive instrument or statute; or
( i i ) i n  t h e  l a w s  t h a t  a r e  a p p l i c a b l e  t o  i t s  p a r t i c u l a r
legal form; or
(c) when the purpose for which it has been established has
been achieved, exhausted o r has become impossible;
or
(d) when there is no administrator in office or the number
of administrators falls below the minimum required by
law for a particular legal form for a period exceeding sixmonths; or
(e) when the number of members falls below that required by
this Schedule in the case of an association or when there
are no beneficiaries in the case of a beneficiaryfoundation.
CIVIL CODE  [CAP. 16.   
Legal persons 
existing prior to 
relevant date.
Amended by:L.N. 196 of 2010.
XXXVI.2018.
46.6. (1) Notwithstanding that they are not registered in a
register which results in legal personality, organisations whic h
were recognised as being legal persons prior to the coming into
force of this Act, hereinafter referred to as the "relevant dat e", in
terms of any final judgement delivered by any Court relating to  that
particular organisation, shall continue to be recognised as leg al
persons indefinitely unless -
(a) such continuing status is subject to registration in
terms of this Schedule or any special law, or is requiredin a notice issued by the Minister responsible for
justice and published in the Gazette and registration is
not effected within the tim e provided for in such
notice, in which case they s hall cease to be recognised
as legal persons with effect from the lapse of such
date, or
(b) they otherwise cease to e xist according to law.
(2) All foundations, hereinafter referred to as an "existing
foundation", created by public d eed and existing on the relevan t
date shall be deemed to have had legal personality from the dat e of
their establishment but shall be bound to register as legal per sons in
terms of this Schedule within four calendar years of the releva nt
date. 
(3) Notwithstanding that an existing foundation fails to registe r
as required by sub-article (2), such existing foundation shall
continue to enjoy legal personality in accordance with sub-arti cle
(1).
(4) Religious organisations and marriage legacies which are
constituted as foundations shall not be bound to register and s hall
continue to be recognised as leg al persons until they are wound  up.
(5) An existing foundation which has been established by a
public deed and notwithstanding whether it was registered pursu ant
to this Schedule or not shall:
(a) have full legal capacity  a n d  a l l  t h e  p o w e r s  o f  a
registered legal person as stated in this Schedule andthe restrictions in article 14 shall not apply to it;
(b) continue to be the exclusive owner of all its property
even if acquired after the lapse of the period referred
to in sub-article (2) and shall be liable for its ownobligations;
(c) until it is registered in acco rdance with this Schedule,
the liability of its administrators shall be governed by
the provisions of article 17 and other provisionsapplicable to unregistered  organisations for all acts
carried out from the lapse of the period stated in sub-
article (2) until the date of registration but theadministrators shall not be in any way liable for
obligations entered into by the existing foundation
prior to such date unless they have personally assumedsuch obligations in writing; and
(d) when it is registered, the provisions of article 16 shall
  504     [CAP. 16.           CIVIL CODE
thereafter apply to all acts of the administrators after
the date of registration.
(6) An existing foundation which has not been established by a
public deed and which fails to register shall:
(a) have the capacity only to achieve its stated purposes
and all ancillary matters;
(b) be subject to the restri ction in article 14(5);
(c) be deemed to be the exclusi ve owner of all its property
which shall constitute a distinct patrimony; and
(d) have its administrators be jointly and severally liable
and with the organisation for the obligations entered
into by the foundation, subject to the provisions of the
second proviso to article 17(3).
(7) All associations, established in writing before the relevant
date, hereinafter referred to as "existing associations", the f orm of
which is recognised as a legal person in accordance with applic able
law or, in terms of any final judgement delivered by the Court
relating to that particular organisation prior to the relevant date
shall continue to be recognised as legal persons although they are
not registered; however, existing associations which do not reg ister
as legal persons, as well as the ir administrators, shall be gov erned
by the provisions of this Sche dule applicable to unregistered
organisations with effect from the lapse of four calendar years  from
the relevant date.
(8) When an organisation -
(a) is established as an association but has the
characteristics of a foundation; or
(b) is established as a foundation but has the
characteristics of a n association; or
(c) qualifies for registration both as a foundation and as an
association,
it shall be referred to herein as a "hybrid organisation" and s hall
be regulated by the following provisions of this article.
(9) A hybrid organisation shall be established by means of a
statute, which may be amended from time to time, to clearly
identify the form of a fo undation or an association.
(10) Until the hybrid organisation complies with sub-article (9) ,
the administrators shall be subject to the provisions of thisSchedule on both foundations and associations in their
administration.
(11) Where an action to modify the statute of a hybrid
organisation is not taken by the founders or such other persons  or
bodies authorised by the statute or, in the case of association s, the
members, or it is impossible or impracticable to do so, the
administrators of a hybrid organisation may, at any time, apply  to
the Court to sanction such modi fications as are appropriate to
clarify the legal form of such o rganisation either as a foundat ion or
an association and the Court shall issue such orders as it deem s
CIVIL CODE  [CAP. 16.   
appropriate, including amendments to the statute and the name o f
the organisation, after considering all evidence submitted to i t and
after hearing interested parties  who may wish to make submissio ns.
(12) In reaching a decision in ter ms of the preceding sub-articl e,
the Court shall inter alia  pay regard to the initial intentions of the
promoters, the purposes of the organisation and its current
operations, the rights of benefi ciaries or members, the future
fulfilment of its purposes and management of the organisation.
(13) The Court shall al so have the power to:
(a) order, upon application of the administrators, the re-
organisation of the organisation by the creation of
other organisations whereby one or more promoters,founders, members or beneficiaries, as the case may
be:
(i) cease to be treated as founders or otherwise of a
foundation and, or form an association with thesole purpose of supporting the said foundation or
enjoying the benefits of membership; or
(ii) cease to be treated as me mbers of an association
and, or form a foundation to achieve the statedpurposes without any benefits of membership;
(b) direct otherwise than as provided in paragraph (a) so as to
ensure the effective achievement of the initial purposes of the
organisation.
(14) In making an order referred to in the preceding sub-article ,
the Court shall ensure that neither the purposes of the organis ation
nor any vested rights of any person shall be affected, nor shal l any
obligations other than those freely undertaken by any person ar ise
from such modification or reorganisation.
(15) It shall not be lawful to register a hybrid organisation un der
this Schedule and the Registrar shall require compliance with s ub-
article (9) prior to accepting the registration thereof.
Sub-Title II
Of Administrators
Appointment of 
administrators.
Amended by:
XXXVI.2018. 47;
XXV .2019 .28.7. (1) Every organisation shall be managed by one or more
administrators who shall be responsible for maintaining possess ion
and control of the property of the organisation, safeguarding s uch
property and ensuring compliance with the constitutive instrume nt
and statute of the organisation, the provisions of this Schedul e and
any special law applicable to its particular legal form, purpos e or
category.
(2) For the purposes of this Schedule, "administrator" means an
officer or a person who is appointed to control and administer an
organisation including a governor , a director, a trustee or a
committee member and any person who carries out such functions
even if under another name.
(3) The statute shall designate the first administrators, how th ey
are appointed and removed from office or if not designated, how
  506     [CAP. 16.           CIVIL CODE
administrators are appointed and removed.
(4) Subject to the terms under which they are engaged,
administrators are bound by fiduciary obligations as stated in
article 1124A of the Code.
(5) If a legal person does not have at least one administrator i n
office or the minimum number of administrators required at law,  the
State Advocate or any other inte rested party shall be entitled to request
the Court to appoint an administrator or administrators for suc h
purposes, for such time and under such conditions as the Court
considers appropriate. When such an application is made, the pe riod
referred to in article 5(4)(d) shall be suspended until the Cou rt
determines the applic ation and should an a pplication be made af ter the
lapse of the said period, an appoi ntment by the Court shall be effective
provided it is made at any time prior to the striking off of th e legal
person from the relevant register.
Disqualification 
for appointment.
Cap. 9.Amended by:
XXXVI.2018.
48.8. (1) Persons convicted of any of the crimes mentioned in
Titles V , VI and IX of Part II of Book First of the Criminal Code  in
the previous ten years or persons who have been interdicted by order
of any court in Malta in terms of  the Criminal Code, or oversea s under
laws of equivalent effect, shall not be eligible for appointmen t or
election to:
(a) the office of treasurer, deputy treasurer or assistant
treasurer or a similar offi ce of an organisation; or
(b) any other office in such organisation the holder of
which is responsible for the collection, disbursement,
custody or control of the assets of the organisation or
for its accounts; or
(c) an auditor of such organisation.
(2) Persons convicted of any offence involving money
laundering or the funding of terrorism shall not be eligible fo r
appointment or election to the office of administrator or, if a lready
appointed or elected, shall not b e eligible to retain such offi ce.
( 3 ) T h e  C o u r t  m a y ,  e i t h e r  g e n e r ally or with reference to a
particular organisation -
(a) disqualify any person from holding an office within an
organisation; or
(b) disqualify any person from performing identified
functions within an organisation,
and this, on any of the grounds mentioned in this article,
following the application of any interested party, the AttorneyGeneral or, in the case of voluntary organisations, the
Commissioner for V oluntary Organisations.
The Court may rehabilitate s uch person in accordance with
regulations, which may be made by the Minister responsible for justice
from time to time regulating the disqualification of administra tors,
their rehabilitation and the registration of such disqualificat ion and
CIVIL CODE  [CAP. 16.   
rehabilitation orders in the Registry for Legal Persons or the Public
Registry, as the case may be.
(4) Persons who are subject to a disqualification order issued b y
the Court in terms of sub-articl e (3) shall not perform such fu nctions,
either generally or with referen ce to a particular organisation , and this,
for such times as are stated in the order.
Removal of 
administrators.9. (1) Administrators may be removed in cases of
misconduct, failure to declare co nflicts of interest, breach of  duty
or failure to comply with the st atute or any provisions of this  Title:
Provided that, notwithstanding any provision of the statute
of an organisation, any action intended to remove an administra tor
on such grounds shall be preceded by a notice in writing to suc h
person stating the alleged reason s for such removal and providi ng
such person with a reasonable opportunity to defend himself and
rebut the allegations.
(2) Removal of an administrator shall take place in accordance
with the statute of the organisation. After exhausting all appl icable
remedies within the organisation, any person who demonstrates a n
interest may apply to the Court with a request for removal of a n
administrator and the Court shall issue such orders as it deemsnecessary after hearing the applicant and the administrator and
considering any other relevant evidence.
(3) The Court may, when it orders the removal of an
administrator, name a temporary or definitive administrator or
administrators in substitution when it appears to the Court tha t the
method of appointment as stated in the statute will not result in an
effective and immediate appointm ent of a substitute administrat or
or administrators.
(4) Any provision in a statute to the effect that an administrat or
may not be removed for the reasons mentioned in sub-article (1)shall be null and void.
(5) The Court may impose disqualification in terms of article 8
of this Schedule in any case where it orders the removal of an
administrator.
(6) The powers of the Court referred to in this article may be
exercised by any Court apprai sed of proceedings involving an
administrator.
Records, accounts 
and reports.
Amended by:XXXVI.2018.
49.10. (1) Administrators sh all keep records of -
(a) all assets and liabilities; and
(b) all income and expenditure,
of the organisation for annual financial periods.
(2) Administrators shall prepar e such accounts and reports at
such times and with such form and content as may be prescribed or
as may be applicable t o their particular legal form. Such accou nts
and reports shall be reviewed and shall be published and, or fi led as
may be prescribed or as may be  required by applicable law.
(3) Until such time as:
  508     [CAP. 16.           CIVIL CODE
(a) the form and content of accounts and reports; and
(b) the rules on review, publication and, or filing are
prescribed in terms of sub-article (2), for legal
organisations, the form of which is not alreadyregulated by a special law, in which case the special
law shall apply, the following shall apply:
(i) in the case of organisati ons established exclusively for
public benefit, the provisions applicable to enrolledvoluntary organisations shall apply, irrespective of
whether such organisati ons are enrolled or not:
Cap. 544.Provided that this paragraph shall not apply to
organisations established for a political purpose, which shall be
regulated mutatis mutandis  by the Financing of Political Parties
Act:
Cap. 544.Provided further that, when the organisation is not a
political party as defined under article 2 of the Financing of
Political Parties Act  but is only controlled by or affiliated to a
political party, or its purpose as stated in its statute or con stitutive
deed, is such as renders it non-autonomous;
(ii) in the case of organisations, which promote a form of
private benefit:
Cap. 13.
Cap. 386.A. in the case of foundations which are permitted to carry out
commercial activities under article 31B, in lieu of the require ments
prescribed under articles 13 to 18 of the Commercial Code , the
provisions of Chapter IX and X of Part V of Title I of theCompanies Act
 shall apply mutatis mutandis  and any references
made to the Registrar of Companies shall be made to the Registr ar
for Legal Persons:
Cap. 386.Provided that the Minister shall have the power to issue
regulations on matters stated in articles 188 and 189 of theCompanies Act
 and also to exclude the application of specific
articles or sub-articles of the s aid Act and to determine the m anner
in which they are to apply in such context;
B. in the case of private foundations as defined in article 31B,
the guidelines issued by the M alta Financial Services Authority
relating to trustees;
C. in the case of associations  promoting a form of private
benefit where all the members are limited liability companies, the
provisions of sub-paragraphs A  and B shall also apply; and
D. in all other cases the provisi ons of sub-article (1) shall
apply:
Cap. 492. Provided that, the Commissioner shall have the power to issue
guidelines to exclude the application of such associations when  these
are promoting a form of private interest, which goes beyond the  limit
of incidental or ancillary private benefit as defined in terms of the
provisions prescribed under the V oluntary Organisations Act  .
(4) Such accounts, reports and r ecords shall be held for a
period of ten years after the relevant annual period to which t hey
CIVIL CODE  [CAP. 16.   
refer, or for such other period imposed in relation to an
organisation under any special law  applicable to its legal form .
Sub-Title III
Of the Registrar
Power of the 
Minister to appoint 
Registrar.Amended by:
XXXVI.2018.
50.11. (1) There shall be a Registrar for Legal Persons who shall
be appointed by the Minister responsible for justice for that
purpose and who shall perform the duties and exercise the power s
imposed and conferred by this Schedule or by any regulations ma de
under sub-article (3).
(2) The Minister may also appoint persons as Deputy
Registrars to assist the Registr ar conferring on such persons a ll or
any of the powers of the R egistrar under this Title.
(3) The Minister may make regulations laying down the
functions and powers of the Registrar.
(4) The Registrar shall be bound to notify decisions he may
take refusing applications to register organisations in writing ,
providing the reasons for his decision. Any person or organisat ion
which is aggrieved by any decision of the Registrar may appeal to
the Court from the dec ision within thirty days of receipt there of or
where there is no response to an application to the Registrar t o
register an organisation, after forty-five days from the date o f
application to register.
(5) The Registrar for Legal Persons shall administer the Registr y
for Legal Persons which shall form part of the Public Registry and, in
the absence of any pro visions to the contrary, the Public Regis try Act
shall apply mutatis mutandis  to registrations made in terms of this
Schedule. In case of inconsistenc y, the provisions of this Sche dule
shall prevail. Save as otherwise provided, all registrations in  terms of
this Schedule shall be made with the Registrar for Legal Person s
unless registration in the Public  Registry is specifically requ ired.
Sub-Title IV
Of Registration of Organisations
Registration.
Amended by:
XXXVI.2018. 51.12. (1) Organisations may be registered in such manner as
may from time to time be provided in this Schedule or in the la w
that is applicable to thei r particular  legal form.
(2) In the absence of provisions on registration in relation to
any form of organisation which may be granted legal personality  by
any law, organisations shall be registered with the Registrar f or Legal
Persons in accordance with the provisions of this Title or of a ny
regulations.
(3) Where an organisation may acquire legal personality
through registration in a public registry under any other lawapplicable to its form, it shall not be lawful to register such  an
organisation in terms of this Sub-Title.
(4) Except for public organisations and other organisations
which are already registered in a public registry and have lega l
  510     [CAP. 16.           CIVIL CODE
personality as a result thereof, the enrolment of an organisati on
with or the issue of a certificat e or licence by the State whic h, in
terms of any applicable law, gr ants legal personality to the
organisation shall be interpreted as requiring, as an additiona l
condition thereof, the registration of such organisation in ter ms of
this Schedule.
(5) It shall be a condition for registration of any organisation
the administrator or administrators of which are not ordinarilyresident in Malta, to appoint a nd retain at all times, a person  who is
ordinarily resident in Malta to act as local representative and  such
representative shall have, by ope ration of the law and without the
need of any act on the part of the administrators:
(a) the legal representation of such organisation in Malta
and this for all purposes o f any law in Malta; and
(b) the legal representation of such organisation limitedly
to the signing of forms and other notifications to the
Registrar and other competen t authorities in Malta and
the enrolment of instruments and other documents
executed by the administrato rs with a Notary Public in
Malta when necessary to comply with the legalobligations of the or ganisation in Malta:
 Provided that if the administrators appoint another person
or persons to carry out the acts stated in paragraphs (a) and ( b), the
local representative shall only act in consultation with such p ersons
when such person or persons are not in Malta or if they fail to  carry
out any such function when required to do so within the times
stated in this Schedule.
For the purpose of this sub-article, residence shall be establi shed by
documentary evidence.
(6) A certificate of registrat ion given in respect of an
organisation is conclusive evidence that the requirements of th is
Schedule in respect of registration and of matters precedent an d
incidental to it have been complied with and that the organisat ion is
duly registered in terms of this Schedule.
(7) The provisions of this Schedule regulating the registration and
filing of documents and notes of registration in the Register o f Legal
Persons shall apply to the regis tration and filing of acts by a ll
registered legal organisations g overned by this Schedule and th e
provisions of any other law regulating the filing and registrat ion of
documents in a public registry s hall not apply except where exp ressly
stated.
Sub-Title V
Of Unregistered Organisations
Unregistered 
organisations.
Amended by:XXXVI.2018.
52.13. (1) An unregistered organisation is an organisation having
a form recognised by law, which i s constituted by an instrument  in
writing and which, being registerable in terms of this Schedule  or
any other special law, is not so registered.
(2) The instrument in writing establishing an unregistered
CIVIL CODE  [CAP. 16.   
organisation shall contain, on pain of nullity, an express stat ement
of a specific purpose or purposes for which the organisation ha s
been established.
(3) Without prejudice to the right of association of any person
and the right of any person to establish an organisation, anassociation of persons  or the appropriation of property to a pu rpose
which is not in written form is not recognised for the purposes  of
this Schedule.
(4) The following organisations shall not be treated as
unregistered organisations for the purposes of this Schedulealthough they are not registered with the Registrar for Legal P ersons:
(a) any organisation which is already registered pursuant
to a special law regulating its form resulting in legal
personality;
(b) public organisations, except those public organisations
which have been established in a legal form whichrequires registration, if they are not registered;
(c) foreign and international organisations not obliged to
register in Malta; and
(d) pious foundations, marriage l egacies and ecclesiastical
entities, each of which shall be regulated and governedby the law applicable to their particular form or purpose
or category and, except as herein provided, shall not be
subject to the provisi ons of this Schedule,
each of which shall be regulated by any special law applicable to
their particular form.
Powers of an 
unregistered organisation.
Amended by:
XXXVI.2018.
53.14. (1) Saving as otherwise stated in this Schedule, unregistered
organisations are not legal pers ons but, pursuant to this Sub-T itle, they
enjoy recognition, as a matter o f fact, and legal powers to ach ieve the
stated purposes for which they are constituted.
(2) An unregistered organisation may enter into transactions in
relation to movable or immovable and other registerable propert y,
may open bank accounts and may engage persons and contractorsto provide services it may require for the achievement of the e xpress
purposes of the organisation and all ancillary matters.
(3) An unregistered organisation may enter into contracts in its
own name.
(4) An unregistered organisation may be sued in its own name
and is represented in legal proceedings by any administrator. A n
unregistered organisation ma y sue in its own name and is
represented by the person who, in  terms of the statute, enjoys such
power or in the absence of such appointment, by the sole
administrator or, if there is more than one, by any twoadministrators.
(5) An unregistered organisa tion may establish other
organisations provided the othe r organisations are registered.
  512     [CAP. 16.           CIVIL CODE
Management and 
property rights in 
unregistered 
organisations.Amended by:
XXXVI.2018.
54.15. (1) The internal management and administration of an
unregistered organisation is regulated by its statute. Legal
representation of the organisation shall be vested in the perso n
who, in terms of the statute, enjoys such power or, in the abse nce of
such appointment, by the sole administrator or, if there is mor e than
one, by any two administrators.
(2) The contributions of the promoters and assets acquired by
such contributions constitute the patrimony of the unregistered
organisation. Any obligations undertaken by the unregisteredorganisation may be enforced against such patrimony without
prejudice to the liability of other persons for such obligation s.
(3) Any property acquired by any means by an unregistered
organisation shall be considered  to be held by or for the follo wing
interests as the case may be  where it is established:
(a) as a private benefit organisation, unless otherwise
stated in its statute or in any written instrument signed
by the promoters and authenticated by a Notary Public,
such property shall be considered to be held for thepromoter in ownership or the promoters in co-
ownership according to the proportion of their
contribution to the unregistered organisation;
(b) partly for a private benefit and partly for a social or
other public purpose, unless otherwise stated in its
statute or in any written instrument signed by the
promoters and authenticated  by a Notary Public, such
property shall be considered to be held in ownership
for the private benefit subject to the performance, by
the promoters or administrators, as fiduciaries, of thesocial or other public purpose, until the said purpose is
achieved, exhausted or becomes impossible or is
otherwise addressed by the appropriation orendowment of a sufficient part of the property to a
registered public benefit organisation with a similar
purpose;
(c) solely for a social or other public purpose, or in the
case of religious organisa tions and marriage legacies
and public organisations in the form of foundations,
religious or public purposes respectively, suchproperty shall be held by the promoters or
administrators as fiduciaries only for the purpose
stated in the statute or any special law which may beapplicable to it.
(4) On dissolution of an unregi stered organisation which is:
(a) e s t a b l i s h e d  a s  a  p u b l i c  b enefit organisation, the
property of the organisation must be applied inaccordance with article 32;
(b) established as a private benefit organisation, the
property shall be distributed in accordance with the
express terms of the statute, failing of which, to thepromoters or their heirs:
CIVIL CODE  [CAP. 16.   
Provided that any person with a co-ownership right in property
of an unregistered organisation may only demand the division of  such
patrimony and any promoter or administrator may only dissolve t he
organisation and, or withdraw his contribution from an unregist ered
organisation when all obligations towards third parties have be en
performed and, or its purposes hav e been achieved, exhausted or
become impossible.
Sub-Title VI
Of Responsibility of Persons involved in Organisations
Responsibility of 
persons involved in 
registered 
organisations.Amended by:
XXXVI.2018.
55.16. (1) The promoters or members of a registered organisation,
or in case of a registered foundation, the founders, the donors  or the
beneficiaries shall not be liable  for the obligations of such a n
organisation, except to the extent that they expressly agree to  be so
liable. The liability of such persons towards third parties for  the
obligations of the organisation shall be determined in accordan ce with
any rules which may be applicable to the legal form of the orga nisation
in terms of any special law or, in the absence of any special l aw, the
provisions of this Schedule.
(2) The promoters and members of a registered organisation or
in the case of a registered foundation, the founders, the donor s or the
beneficiaries, are liable towards the legal person for anything  they
have bound themselves to contribute to it in writing, unless
otherwise provided by law.
(3) In case of unlawful acts, a Court may, on the application of
any interested party, declare th e founders, promoters, administ rators,
beneficiaries or members who have consented to or otherwise hav e
knowingly taken part in the unlawful act to the detriment of th e
legal person, as personally liabl e for any damage suffered by t he
legal person.
(4) The administrator of a regist ered organisation shall not be
personally liable for the obligations of the organisation excep t in
the following cases:
(a) to third parties for the obligations of the organisation
if -
(i) he is guilty of fraud or bad faith in entering into
any obligations;
(ii) he has entered into obligations in favour of third
parties at a time when he knew or ought to have
known that there was no reasonable prospect
that the organisation would avoid being woundup due to insolvency;
(b) to the organisation for the performance of the
obligations that he has entered into on its behalf,
without being entitled to the benefits, and for anybenefit which accrues to him personally, if he has
failed to declare a personal interest or a conflict of
interest;
(c) to the organisation to account for any loss if he has
acted in breach of duty as stat ed in the statute or this
  514     [CAP. 16.           CIVIL CODE
Schedule in bad faith or has been negligent in the
carrying on of his duties;
(d) to the beneficiaries of an organisation or the Attorney
General on their behalf, if he has acted as stated inparagraph ( c) or in a situation where there is a conflict
of interest;
(e) to the Registrar for the payment of any fees which may
be due by the organisation upon failure by theorganisation to pay the same within three months of the
date on which they are due:
Provided that nothing in this sub-article shall render an
administrator liable more t han once for the same act.
(5) In those cases where an organisation has more than one
administrator, the responsibility of the administrators shall b e joint
and several unless some particular duty has been exclusivelyentrusted to one particular admi nistrator, in which case only h e
shall be liable.
(6) An administrator shall not be liable for the acts of another
administrator if he shows that he was not aware of the breach a t the
time of its occurrence and on b ecoming aware of it he signified  his
dissent in writing without delay and took all reasonable measur es to
hinder the continuation of the breach or knowing of the intende d
breach he took all reasonable meas ures to avoid its occurrence.
(7) Any provision in the statute of the organisation or any
agreement exonerating an administrator from liability for wilfu l
misconduct, gross negligence or br each of duty shall be null an d
void.
Responsibility of 
persons involved in 
unregistered organisations.
Amended by:
XXXVI.2018.
56.17. (1) Any member, donor, or beneficiary involved in any
unregistered public benefit organisation, shall not be liable f or the
obligations of such organis ation except as follows:
(a) he shall be liable to the ext ent that he expressly agrees
to be so liable in the statute or any other documentsigned by him;
(b) he shall be liable for the obligations of the
organisation if these were entered into by him in the
name of the organisation in favour of third parties at atime when he knew or ought to have known that there
was no reasonable prospect that the organisation
would avoid being wound up due to insolvency; and
(c) he shall be liable if he is guilty of fraud or bad faith in
entering into any obligations on behalf of the
organisation.
(2) The promoters and administrators of an unregistered
organisation shall be jointly and severally liable -
(a) to keep the property of the unregistered organisation
identified as such and distinct from their own personal
property and other property they may beadministering;
CIVIL CODE  [CAP. 16.   
(b) for the preservation of  any property received;
(c) for the use of assets to the fulfilment of the purposes
expressly stated in the statute of the unregistered
organisation; and
(d) to ensure, to the extent possible, considering their
functions, observance of the law applicable to the
unregistered organisation and its activities.
(3) Without prejudice to the availability of assets of an
unregistered organisation for the fulfilment of its obligations ,
members and supporters of an unregistered organisation shall on ly
be liable for the obligations expressly undertaken by them in t he
statute or any subscription document.
(4) The liability of members and administrators of an
unregistered organisation having  a particular legal form, towar ds
third parties, for the obligations of the unregistered organisa tion
shall be determined in accordan ce with any rules which may be
applicable to the legal form of the organisation under any spec ial
law or, in the absence of any special law, the provisions of th is
article.
(5) Any provision in the statute of an unregistered organisation  or
any agreement with the unregistered organisation exonerating an
administrator from liability for wilful misconduct, gross negli gence or
breach of duty sha ll be null and void.
(6) Where the liability of members and administrators of an
unregistered organisation having a particular legal form isregulated specifically by a provision of this Schedule or any s pecial
law, such provisions shall prevail over the provisions of this article.
Acting in the name 
of an inexistent 
organisation.18. Any person who claims or purports to act in the name of a
legal person which does not exist or an unregistered organisati on
for which no written instrument exists shall be personally liab le to
fulfil all the obligations undertaken and shall be liable for a ny
damages caused through such ac tions. Such person shall be
personally bound to return to th e grantor any property received  for
the purported purposes of the organisation.
Sub-Title VII
Of Liability of Organisations
Liability of an 
organisation.
Amended by:
XXXVI.2018. 57.19. (1) Legal persons are distinct from their promoters,
founders, administrators and members, if any. The acts of legal
persons bind no one but themsel ves except as provided by law.
(2) An organisation shall be liable for the fulfilment of its
obligations with all its present and future assets and shall no t be
liable for the obligations of any other person except to the ex tent
that it expre ssly agrees to be so liable.
(3) An endowment of property shall be subject to reduction or
revocation to the extent it is in conflict with any rules of ma ndatory
application or in terms of ar ticle 1144 of the Code if it is
detrimental to the rights of a creditor:
Provided that an administrator who has acted in good faith
  516     [CAP. 16.           CIVIL CODE
shall not be liable to account fo r any assets paid out, distrib uted or
expended in accordance with the s tatute of the organisation wit hout
knowledge of the claim by the third party.
(4) The rules in sub-articles (2) and (3) shall mutatis mutandis
apply to an unregistered organisation, without prejudice to thepersonal liability of its adminis trators or other persons as st ated in
this Schedule.
(5) A registered organisation may, unless prohibited by its
statute, establish other organisations, of any legal form, to a chieve
all or any of the purposes for which it has been established, w hether
the latter constitute legal persons or not.
(6) When a registered organisation establishes other
organisations which are registere d as legal persons and maintai ns
control over them, the organisations shall constitute a group o f
organisations for the purposes of this Schedule. An organisatio n
shall be deemed to control an other organisation if the
administrators of the first have the power to appoint or remove  the
administrators of the second, or  if this power has been vested in
another person, persons or organ of the second organisation, if  the
administrators of the first have the power to amend or revoke t he
vesting of such power.
(7) An organisation forming part of a group of organisations,
whether as founder or as a member of the group, shall not be li able
for the obligations of other members of the group except to the
extent it expressly undertakes i n writing or as otherwise provi ded
in any provision of this Code.
(8) Notwithstanding the provisions of article 2, the liability o f
all foreign and international pu blic benefit organisations whic h - 
(a) o p e r a t e  i n  M a l t a ,  i n c l u d i n g  i f  t h e y  r a i s e  f u n d s  i n
Malta; or
(b) provide services available to the public within Malta,
as well as that of their administrators, shall also be subject to the
provisions of this Schedule in so far as their activity in Malt a is
concerned, subject however to any provisions of any special law
applicable to them.
Sub-Title VIII
Miscellaneous
Segregated cells 
within registered organisations.
Amended by:
XXXVI.2018.
58.20. (1) It shall be lawful for a registered organisation to
establish segregated cells within the organisation to achieveparticular purposes with particular assets. Where the special l aw
applicable to a particular legal  form of registered organisatio n
already provides for segregated cells, or equivalent features, such
provisions shall apply to the exclusion of the provisions of th is
article.
(2) A segregated cell within a registered organisation exists
when established formally:
(a) by the statute of the organisation on creation of the
CIVIL CODE  [CAP. 16.   
organisation; or
(b) subsequently by a resolution of the administrators
pursuant to a power vested in them by the statute and
in either case shall be established:
(i) by reference to shares, interests or other rights of
the members or beneficiaries or by reference to
purposes, or by reference to both such rights and
purposes; or
(ii) for purely administrative purposes which
support the main purposes and operations of the
organisation; and
(iii) with other purposes which shall be consistent
with the main purposes o f the organisation.
(3) Segregated cells may be established, except for those
established for purely administrative reasons:
(a) in the case of a public benef it organisation, only to the
e x t e n t  a s  t h e y  a r e  e s t a b lished for public benefit
purposes and, or public int erest beneficiaries; and
Cap. 492(b) in the case of a private benefit organisation, only to the
extent as they are establish ed for a lawful purposes in
terms of the V oluntary Organisations Act  , including:
(i) any public benefit purposes or public interest
beneficiaries; or
(ii) any public purposes established for the carrying
out of any of the activities referred to in article
32A, provided such activities are carried outsolely in order to attain the principal purpose
and objectives of the organisation.
(4) When the segregated cell is established by the statute of th e
organisation, the administrators shall be presumed to have the
power to supplement such statute with additional guidelines on the
purposes and activities of the cell in a manner which supports the
purposes and objects of the organisation.
(5) Segregated cells shall, after establishment, be regulated
either in the statute of the organisation and, or in a cell sta tute. A
cell statute shall be consistent with the statute of the organi sation.
The statute of the organisation shall apply on any issue which is not
addressed in the cell statute an d shall prevail over the cell s tatute in
case of inconsistency.
(6) A cell statute shall:
(a) state the following matters:
(i) the name of the cell;
(ii) the purposes or objects of the cell;(iii) the manner in which the administrators shall
manage its affairs, directly or through an
administrative committee, which shall in any
  518     [CAP. 16.           CIVIL CODE
case not have legal repr esentation of the cell;
(b) be in the form of a resolution or guideline of the
administrators;
(c) in case of a cell for benefi ciaries, either state the
names of the beneficiaries or the class of beneficiariesor, in the absence of such i ndication, a declaration that
the cell is constituted for the benefit of beneficiaries.
In the latter case the benefici aries shall be indicated in
a written instrument, which need not form part of the
cell statute, called a "cell beneficiary statement" and
which shall be signed by the administrators in thepresence of a notary public, and all provisions in the
Schedule relating to beneficiary statements shall apply
mutatis mutandis  to cell beneficiar y statements; and
(d) comply with the requirements of this article.
(7) A segregated cell shall have its own distinct name or
designation and it shall refer to the organisation of which it forms part
in all its dealings, but shall not  be a legal person nor shall it be eligible
for registration as a legal person. A cell may not change its n ame or
designation under any circumstances.
(8) A segregated cell is establis hed subsequently to the creatio n
of an organisation when the fol lowing conditions are observed:
(a) the organisation is authorised by its statute to establish
segregated cells;
(b) the administrators of the organisation resolve in
writing to establish such cell; and
(c) a notice relating to the establishment of a segregated
cell is delivered to the Registrar for registration.
(9 When a segregated cell is established -
(a) the assets and liabilities of the cell shall constitute a
distinct patrimony which s hall be distinct from all
other assets and liabilities of the organisation or othercells which may be established;
(b) the assets of such cell shall be available for the
fulfilment of any obligations undertaken by the
organisation in relation to that cell but not for anyother liabilities entered into by the organisation for
itself or in respect of other cells;
(c) the general assets of an o rganisation shall not be
available for the fulfilment of the obligationsundertaken in relation to the cell; and
(d) there shall be implied (except in so far as the same is
expressly excluded in writing) in every transaction
entered into by an organisation with segregated cellsthe following terms that -
(i) no party shall seek, whether in any proceedings
or by any other means whatsoever, to make or
attempt to use any assets attributable to any cell
CIVIL CODE  [CAP. 16.   
to satisfy a liability not attributable to that cell;
and
(ii) if any party succeeds by any means whatsoever
in using any assets attributable to any cell tosatisfy a liability not attributable to that cell, that
party shall be liable to pay to the organisation a
sum equal to the value of the benefit therebyobtained by him; and
(iii) any asset or sum recovered by the organisation
under the implied term set out in this paragraph
or by any other means whatsoever in the eventsreferred to herein shall, after the deduction or
payment of any costs of recovery, be applied by
the organisation so as to compensate the cellaffected.
(10) When a segregated cell is established the assets of the cel l
must be segregated fro m all other assets of the organisation an d are
held and administered separately and distinct accounts must be
maintained in accordance with applicable law in relation to eac h
cell. The existence or terminatio n of each cell must be disclos ed in
the reports and accounts  of the organisation.
(11) The legal effects stated in sub-article (10) shall arise on ly if  -
(a) all activities relating to a cell shall be undertaken in a
manner that it is expressly disclosed to third parties
that the activities are those in respect of the particular
cell:
Provided that such requirem ent shall be satisfied if
third parties are otherwise aware or ought, from the
circumstances, to be aware of the fact that the
activities undertaken are those in respect of the
particular cell;
(b) no statement or representation is made by the
administrators of the organisation to the effect that theorganisation is liable for the obligations undertaken in
respect of the cell;
(c) the cell is established i n accordance with this article
and all relative procedures and formalities areobserved at all times.
(12) When the conditions in sub-article (7) are satisfied, no
court shall order the issue of any warrant, precautionary or
executive, against the assets of a cell in respect of a claim f or which
the organisation or another cell is liable. In the event ofenforcement on any assets attributable to a cell in respect of a
liability not attributable to that cell, and in so far as such assets or
compensation in respect  thereof cannot otherwise be restored to  the
cell affected, the organisation shall -
(a) cause or procure its auditor, acting as expert and not as
arbitrator, to certify the val ue of the assets lost by the
cell affected; and
(b) transfer or pay to the cell affected, from the assets to
  520     [CAP. 16.           CIVIL CODE
which the liability was at tributable to the extent
available, assets or sums sufficient to restore to the
cell affected the value of the assets lost.
(13)  The rules, including without limitation the rules applicab le
to dissolution and winding up, applicable to the legal form of an
organisation within which a cell is established shall apply mutatis
mutandis  to the cell as though the cell were itself a registered
organisation of the same legal form with such modifications as are
necessary to accommodate the fact that the cell is not a legal
person.
(14) The winding up of a cell, whether voluntarily or due to its
inability to perform its obligations shall not affect the conti nuing
operation of the organisation wh ich established it or other cel ls in
any manner whatsoever and the appointment of a liquidator for a
cell shall not affect the powers of the administrators in relat ion to
the organisation or any other cells. Where a cell is being woun d up
and a liquidator is appointed, the powers of the administrators  of
the organisation shall cease and shall vest in the liquidator, solely
in respect of that cell.
(15) Any winding up proceedings i n relation to an organisation
within which cells are established shall respect the legal stat us of
each cell as a patrimony separate from the assets and liabiliti es of
the organisation and other cells of the organisation and from t he
assets and liabilities of the org anisation not attributable to any cell.
(16) A cell shall be administered by the administrators of the
organisation who may, if authorised by the statute, establish a n
administrative committee with ref erence to one or more cells, a nd
the administrators may delegate any of their powers to such
administrative committee or committees as the case may be. Suchdelegation shall:
(a)  not in any way restrict the powers of the
administrators of the organ isation in relation to the
cell; and
(b) not include the legal and judicial representation in
relation to the assets and liabilities of the cell.
(17) The provisions of fiscal law which apply to legal persons
shall mutatis mutandis apply to a cell as though the cell were itself
a registered organisation of the  same legal form of the organis ation
within which the cell is established.
(18) The Minister may make regul ations to regulate segregated
cells, in general or for particular legal forms of organisation s, and
to regulate any matters related, 
including:
(a) any formalities which shall be necessary for a cell to
be created by the appropriation of assets alreadybelonging to the organisation to the cell;
(b) the dissolution of cells;
(c) the transfer of assets of a cell to another organisation,
with or without segregated cells;
CIVIL CODE  [CAP. 16.   
(d) the legal effects of such transfers; and
(e) all matters related and incidental thereto.
(19) The Minister may also make regulations to regulate the
establishment of segregated cells having legal personality.
Transfer of cells.
Added by:XXXVI.2018.
59.20A.  (1)  It shall be lawful for the cell of one organisation,
hereinafter referred to as the "transferring organisation", to be
transferred to another organisation, hereinafter referred to as  the
"recipient organi sation" where:
(a) the administrators of the t ransferring organisation so
resolve in writing pursuant to a power vested in them
by the statute;
(b) the creditors of the cell in t he transferring organisation
do not object to this transfer following public notice of
at least thirty (30) days of the intent to transfer;
(c) the recipient organisation has the same legal form and
is of the same purpose or category as that of the
transferring o rganisation;
(d) the administrators of the recipient organisation resolve
in writing to accept such cell pursuant to a powervested in them b y the statute;
(e) a notice relating to the transfer of the cell is delivered
to the Registrar by the administrators of the recipient
organisation and the Registrar shall:
(i) record the notice of transfer of the cell in the
records of the transferring organisation; and
(ii) issue a new certificate relating to the transfer of
such cell and record such transfer in the records
of the recipient organisation; and
(f)  it is required, under a special law, to obtain the
approval or consent of any regulatory or governmental
authority for such action, that such consent or approval
is obtained.
(2) The assets and liabilities of a cell shall constitute a dist inct
patrimony which shall be distinct from all other assets andliabilities of the recipient organisation or other cells of suc h
organisation, if any.
(3) The transfer of a cell shall not entitle the creditors of th e
recipient organisation to have recourse to the assets of the
transferred cell or of the transferring organisation.
(4) All rights and obligations of the organisation and any third
parties shall cease to be those of the transferring organisatio n with
respect to the cell and shall continue unaffected as rights and
obligations of the recipient organisation with respect to the c ell by
operation of law with effect from the date of notification to t he
Registrar in terms of sub-articl e (1)(e), notwithstanding the a bsence
of any agreements or consents t hat would otherwise be necessary
for the transfer to be effective in law for those purposes.
(5) Upon the completion of the transfer, the administrators of
  522     [CAP. 16.           CIVIL CODE
the recipient organisation shall notify in writing all interest ed
parties of which they are aware regarding the transfer of such cell
from the transferring organisation to the recipient organisatio n
providing details of its name and purpose and other material
information.
(6) When a cell is transferred it shall retain its name or
designation notwithstanding the transfer of the cell in accorda nce
with this article but the administrators of the recipient organ isation
may enter into a unilateral declaration by public deed and regi ster
this event in the applicable public register.
(7) The transfer of a cell as contemplated in this article shall
constitute a change in fiduciary and shall be governed by the
provisions of article 1124C(4) of the Code regulating the
succession of fiduciary obligations.
Constitution of a 
cell into a new 
organisation.
Added by:XXXVI.2018.
59.20B.  (1)  It shall be lawful for a cell of an organisation to be
constituted as a new o rganisation, with all the assets and liab ilities
of the cell becoming the patrimo ny of the new organisation or a
part thereof. 
(2) The name of the new organisation shall reflect the name or
designation of the cell as closely as possible to comply with t he
applicable law i n this regard.
(3) Such action may be taken under such conditions as may be
applicable by the administrators  of the existing organisation b y
means of a resolution of the board of administrators only if th e
statute of the org anisation provides for such power.
(4) The cell shall be constituted as a new organisation upon the
observance by the administrators  of the requirements applicable  to
the creation of a new organisation of the same legal form as th e
organisation in which the cell is currently established, includ ing its
registration with the Registrar, and if the cell is created wit h
reference to members, the member s shall sign the statute of the  new
organisation, and:
(a) the administrators in office shall be the administrators
of the new organisation unless new administrators are
appointed in the constitutiv e documents when a cell is
being constituted as a new organisation;
(b) the purposes and beneficiaries, if any, of the new
organisation shall be those of the cell;
(c) all rights and obligations of the organisation and any
third parties shall cease to be those of the organisationwith respect to the cell and shall continue unaffected
as rights and obligations of the new organisation by
operation of law with effect from the date ofnotification to the Registrar  under sub-article (6) and
the registration of the organisation in terms of sub-
article (7) notwithstanding the absence of anyagreements or consents that would otherwise be
necessary for the transfer to be effective in law for
those purposes; and
(d) the constitution of a cel l as a new organisation as
CIVIL CODE  [CAP. 16.   
contemplated in this article  shall constitute a change in
fiduciary and shall be governed by the provisions of
article 1124D of the Code regulating the succession offiduciary obligations.
(5) The creditors of the cell being constituted as a new
organisation shall be given the opportunity to object to such
constitution following public notice of at least thirty (30) da ys of
the intent to such constitution and this only if the new legal form
which the cell is to take cre ates limitations on the liabilitie s of the
organisation or its administrators or members which reduce the
rights of the creditors when compared to those prevailing withreference to the cell.
(6) The administrators shall be bound to notify the Registrar by
means of the prescribed form whe n a cell no longer forms part o f an
organisation under this article and shall surrender any certifi cate
issued by the Registrar relating to the cell.
(7) The Registrar shall register in the Register the notificatio n
of the removal of a cell from an organisation by the administra tors
and shall then, subject to sub-article (8), immediately proceed  to
register the new organisation in  the Register. The same shall a pply
when the cell is being registered in another register pursuant to a
special law.
(8) When the new organisation takes a legal form which is
governed by a special law which provides for registration which
differs from this article, the Re gistrar shall furthermore issu e his
confirmation that he has been notified of the constitution of t he cell
as a new organisation and only upon such confirmation shall the
new organisation be registered in the relevant register.
(9) Upon registration, the administrators of the new
organisation shall notify in writing all interested parties of which
they are aware regarding the constitution of the cell as a new
organisation.
Objections by 
creditors.
Added by:
XXXVI.2018. 59.20C.  In accordance with the previou s articles, any creditor of a
cell may within fifteen (15) working days of receipt or publica tion
of any notice issued under the previous articles, by sworn
application in the Court, object to -
(a) the transfer of a cell from the transferring organisation
to the recipient organisation; or
(b) the constitution of a cell into a new organisation,
and, upon good cause being shown that such transfer should not take
effect, the Court shall either accede to the creditor’s demand,authorise the aforementioned transfer or constitution on suffic ient
security being given or give such other orders as it deemsappropriate.
Power to make 
regulations.Added by:
XXXVI.2018.
59.20D.  The Minister may make regulations to regulate the transfer
of cells from one organisation to another or the constitution o f a
cell as a new organisation, to es tablish forms and notification s, to
establish rules for the protectio n of third parties and general ly for
  524     [CAP. 16.           CIVIL CODE
the better implementation of  the preceding provisions.
Publication of 
notices.Added by:
XXXVI.2018.
59.20E.  For the purposes of the notifications contemplated by
article 20A and 20B it shall be sufficient if the administrator s
publish the relative notices as follows:
(a) if the organisation has creditors in Malta, in two daily
newspapers published in Malta, one in Maltese and
one in English; or
(b) in the case of an organisation which does not have its
principal creditors in Malta, in two general distributionnewspapers, one published in Malta in the English
language and one published in the country where the
principal creditors of t he organisation carry out
business in the language o f the place of business.
Conversion of 
legal persons of 
one legal form into another legal form 
and to trusts.
Amended by:XXXVI.2018.
60.21. (1) It shall be lawful to convert a legal person in one form
to a legal person having a different form by following the
procedures which may  be laid down in any regulations made by th e
Minister responsible for justi ce in terms of this article.
(2) When a legal person in one form is converted into another
form it shall not be necessary to dissolve and wind up the lega l
person and such legal person shall continue to exist as the sam e
legal person with all rights and subject to all obligations exi sting
prior to the conversion.
(3) It shall also be lawful to c onvert a registered organisation
into a trust for the benefit of the persons beneficially intere sted in
the organisation by following the procedures which may be laid
down in any regulations made by the Minister responsible forjustice in terms of this article.
(4) When a legal person is converted into a trust, the trustee
shall succeed to all rights and ob ligations of the legal person  and it
shall not be required to dissolve and wind up the legal person as
required by the applicable law. The legal person shall be struc k off
from the register in which it is registered subject to the cond itions
as may be laid dow n by regulations.
(5) The conversion of a legal person into another form or into a
trust shall not operate to preju dice any creditor or third part y in any
manner whatsoever.
(6) It shall also be lawful to convert a legal organisation regi stered
in the Register of Legal Persons into a cell of another multi-c ell
organisation and this following the procedures which may be lai d
down in regulations made by the Minister responsible for justic e in
terms of this article.
Amalgamation and 
division of legal persons.
Amended by:
XXXVI.2018.
61
Cap. 386.22. (1) It shall be lawful to amalgamate two or more
organisations into one and to divide an organisation into two o r
more organisations. For this purpose, unless otherwise provided  by
regulations by the Minister in relation to a particular legal f orm, the
provisions of Title II of Part VIII of the  Companies Act shall mutatis
mutandis apply and the functions of the general meeting, in case of
foundations, shall be carried out by the administrators and any
persons whose consent is required for material decisions to be
CIVIL CODE  [CAP. 16.   
taken by the administrators.
(2) For the purposes of the application, mutatis mutandis , of
the provisions of article 345 of the Companies Act to the
amalgamation of two or more ass ociations at least one of which is
registered, any extraordinary resolution that may be required i n
terms of the Companies Act, shall be an extraordinary resolutio n
taken and passed by the general meeting of an association in
accordance with provisions regul ating the taking and passing of
extraordinary resolutions as found in the statute or constituti ve
instrument of the said association, and the provisions of artic le
135(1) and (3) of the Compan ies Act shall not apply:
Cap. 386.Provided that if the statute or constitutive instrument of the
association does not contain any provisions regulating the mann er
in which extraordinary resolutions are to be taken and passed, the
provisions of article 135(3) of the  Companies Act  shall regulate
the taking and, or passing of such an extraordinary resolution,
mutatis mutandis .
Cap. 386. (3) Article 348 of the  Companies Act  shall not apply to the
amalgamation of two o r more associations.
(4) In the absence of specific rules or regulations by the
Minister on a particular legal f orm, the provisions of fiscal l aw
which apply to amalgamations and divisions of companies shall
mutatis mutandis apply to amalgamations and divisions of any
other legal form of a registered organisation.
Cap. 386. (5) Articles 339 and 370 of the  Companies Act regarding the
issue and cancellation of certific ates in the context of amalga mations
and divisions shall apply  mutatis mutandis .
Continuation in 
Malta of a foreign organisation.
Added by:
XXXVI.2018.
62.22A.  (1) An organisation formed and incorporated or registered
under the laws of a state within the European Union or theEuropean Economic Area other than Malta which is similar in
nature to an organisation -
(a)governed by this Schedule; or
(b) governed by any special law which does not, itself or
by virtue of regulations, provide for continuation,
may, if it is authorised to do so by its constitutive instrumen t or
statute, or by the applicable law in its state of registration,  request the
Registrar to be registered a s being continued in Malta.
This article shall also apply in t he case of such an organisati on
incorporated or registered under the law of any other country o r
jurisdiction which is approved by notice as may be issued andreviewed, from time to time, by the Minister responsible for ju stice.
(2) When registered in Malta, the  foreign organisation shall be
registered in the same legal for m which it has under the law of  the
foreign country or jurisdiction. In the event that a similar fo rm does
not exist under the laws of Malt a, the applicant shall select a  form
as similar as possible to the one being continued in Malta and shall
  526     [CAP. 16.           CIVIL CODE
designate the form selected.
(3) Where the continuation in Malta of foreign organisations
taking a particular form is regul ated by a special law, the pro visions
of this article shall not apply.
(4) The continuation in Malta of a foreign organisation shall
require:
(a) the adoption of Maltese law to govern the statute from
the time of regis tration under this Schedule; and
(b) the compliance with:
(i) all matters required for the relevant legal form of
organisation to be established and registeredunder this Schedule;
(ii) all matters required under any other applicable
law relating to its activities or its administrators;
(iii) any other procedures or formalities which may
be stated in the statute of the organisation: 
Provided that if the statute does not address the
subject or vest powers relating to continuation in
any person or body, it shall be presumed that
compliance shall be with a resolution of theboard of administrators or equivalent or if the
organisation is an association of persons, a
resolution of the members having the supportrequired under the statute or, if silent, with
applicable law for decisions on matters
considered to be extraordinary or special; and
(iv) any requirements which  may be prescribed from
time to time.
(5) The Registrar may request s uch undertakings, activities,
documentation and other information from the applicant to satis fy
himself of compliance with the provisions of this article and t he
laws of the relevant foreign country and may impose such
conditions as appears appropriate to him for the publicity of s uch
procedure in Malta and any other relevant state, for the avoida nce
of fraud or abuse and for the protection of beneficiaries, memb ers
or creditors of the organisation.
(6) An organisation registered under this Schedule may
continue in any state within the European Union or the European
Economic Area when it is authorised to do so by its constitutiv e
instrument or statute. In such case, and after the relevant
procedures are followed, the Reg istrar shall proceed to termina te
the registration of such organisation under this Schedule on su ch
basis.
S.L. 16.07. (7) The registration fees set out in the Civil Code (Second
Schedule) (Fees) Regulations  relating to the registration of an
organisation shall apply mutatis mutandis  to foreign organisations
requesting to be registered a s being continued in Malta.
CIVIL CODE  [CAP. 16.   
Registration of 
public 
organisations.
Substituted by:XXXVI.2018.
63.23. (1) Except where an organisation is established as a
foundation or an association, public organisations may not be
registered under the provisions of this Schedule. The Minister
responsible for Justice may, by regulation, permit or require s uch
registration. The registration of public organisations or class es of
public organisations shall thereafter be made in terms of this
Schedule and in accordance with such conditions as the Ministermay prescribe.
(2) The Minister responsible for justice may by regulation
expressly prescribe which provisions of this Schedule shall app ly to
public organisations, generally or where they take a particular  legal
form, specifically to such form, and to their administrators, a nd may
also determine or modify the mode of application of any of the said
provisions in such regulation.
Power of the 
Minister to make 
regulations.Amended by:
XXXVI.2018.
64.24. (1) In addition to other powers to make regulations as
already provided herein, the Mini ster responsible for justice s hall
have the power to make regulations to -
(a) establish the contents of statutes of organisations;
(b) lay down rules to further regulate organisations which
are not registered;
(c) establish the forms and fees for the registration of any
organisation, the certificates of registration and to
establish the powers of the Registrar in relation to
registration and a ll related matters;
(d) establish forms and content of annual accounts and
reports and methods of review;
(e) regulate foreign or international organisations carrying
out activities in Malta and the forms and content for
registration and the terms and conditions of registrationincluding the principles applicable to the determination
of the proper law applicable to the constitutive
instrument and, or the statute of such organisation and theimplementation of provisions o f any private international
law treaty or any European U nion law on such matters;
(f) lay down any rules in connection with foundations
when used in commercial transactions including ascollective investment vehicles, as securitisation
vehicles and as shipping organisations and for the
regulation of all matters ancillary thereto includinglegal rules applicable to units, umbrella structures and
related matters;
(g) regulate administrators of organisations generally;
(h) regulate the winding up of organisations;
(i) regulate the redomiciliation or continuation of
organisations;
(j) lay down any penalties for any breaches of the
provisions of this Schedule;
(k) implement any international convention or any EU
  528     [CAP. 16.           CIVIL CODE
Regulation or Directive, to the extent necessary, to
which Malta has adhered to in the context of
organisations;
(l) establish the forms and procedures to be used for
appeals;
(m) regulate the conversion of an organisation having one
legal form into that having another legal form;
(n) lay down rules on the powers of the Court in relation to
the interpretation or variation of a statute and theadministration of an organisation;
(o) lay down rules for the better carrying out of any of the
provisions of this Schedule;
(p) regulate the procedure for registration of public
organisations, including the forms and content for
registration, the terms and conditions for registration,and to establish the powers o f the Registrar in relation
to the registration of such organisations and all related
matters;
(q) establish any requirements for notifications to be made
to the Registrar by any legal organisation for thepurposes of this Schedule;
(r) further regulate the segreg ated cells of organisations,
whether such cells are incorporated as legal persons or
otherwise;
(s) regulate the accessibility or otherwise of the register of
members of associations;
(t) regulate the procedure for the continuation of
organisations, whether under the laws of Malta or thelaws of another country, including the forms needed
for such continuation, the terms and conditions for
continuation, and to establish the powers of theRegistrar in relation to the continuation of
organisations;
(u) provide for any matter incidental to or connected with
any of the above; and
(v) lay down rules for the better carrying out of any of the
provisions of this Schedule.
(2) The Minister responsible for justice may, with the
concurrence of the relevant minister empowered to make
regulations under any other special law, make regulations inaccordance with the provisions o f this Schedule to regulate:
(a) the applicability to forms of legal organisations or
particular types thereof, or in relation to particular
sectors of activity car ried out by such legal
CIVIL CODE  [CAP. 16.   
organisations, established under such special law;
(b) the mode of their applicability to such forms of legal
organisations; and
(c) all related and ancillary matters, including the powers
of the relevant registrar, any requirements fornotification to such registrar or for registration in the
relevant registry, applicable fees, forms, or otherwise.
(3) The Minister may, by means of regulations, amend any
annexes to this Second Sch edule to the Civil Code.
Interpretation.
Amended by:
XXXVI.2018. 65.25. Unless the context otherwise requires -
(a) the provisions of this Schedule and any regulations made
thereunder shall only apply in the absence of rules onthe same subject as may be contained in any special
laws applicable to particular forms of legal persons
and in case of conflict between these provisions and
the provisions of any special  law, the provisions of the
special law shall prevail;
(b) nothing in this Schedule shall imply the right to
register as a legal person in the Register if the
organisation is already registered in another public
r e g i s t e r  t h e  e f f e c t  o f  w h i c h  i s  t h e  g r a n t  o f  l e g a lpersonality to such organisation, nor the option to
register as a legal person w ith a particular legal form
in a register other than that stated in the special lawapplicable to that form; and
(c) the Registrar shall not have jurisdiction in relation to
legal persons which are the subject of special laws
applicable to their particular legal form unlessexpressly granted such jurisdiction in such special law
or regulations made hereunder. The rights and
remedies applicable to such legal persons shall beregulated exclusively by the provisions of such special
law and nothing in this Title shall grant additional
remedies in such cases.
Title III
OF FOUNDATIONS AND ASSOCIATIONS
Sub-Title I
Preliminary and Definitions
Definition of 
foundation.
Amended by:
XXXVI.2018. 66.26. (1) A foundation is an organisation consisting of a
universality of things constituted in writing, including by mea ns of
a will, by a founder or founders whereby assets are destined ei ther -
(a) for the fulfilment of a specified purpose; and, or
(b) for the benefit of a named p erson or class of persons,
and which are entrusted to the administration of a
designated person or persons. 
The patrimony, namely assets and liabilities, of the foundation  is
distinct from that of its founder, administrators or any
  530     [CAP. 16.           CIVIL CODE
beneficiaries. The fiduciary obl igations in 1124A of this Code shall
be binding upon the foundation and all persons administering it
towards any beneficiaries for th e fulfilment of the stated purp oses
of the foundation:
Provided that the fiduciary oblig ations shall be subject to suc h
restrictions or modifications as may be stated in the statute o r the terms
of engagement of the administ rators, as the case may be.
Cap. 331.(2) For the purposes of this Title, the term "foundation" shall
include all organisations, institutes or similarly titled patri monies
which are set up through the bequest, endowment or appropriatio n
of assets, by public deed or otherwise and howsoever named, for  a
stated purpose or for the benefit of a named person or class of
persons, to be achieved through a designated administrator or
administrators, but shall not include trusts as defined in the Trusts
and Trustees Act .
(3) The assets of a foundation may originate from any lawful
business or activity and may consist of present or future asset s of
any nature.
(4) When a testamentary bequest  is made having the elements
contemplated in sub-ar ticle (1), a testame ntary executor or the  heirs
of a deceased person shall be deem ed to enjoy the power to conv ert
such bequest into a foundation having the same aims and purpose s
as stated in the will, and regis ter the same. The testamentary
executor or heirs shall have the power, which shall be exercise d
with the utmost good faith, to draft the terms and conditions o f the
statute of the foundation, designate the administrators and reg ulate
all matters which may appear to th em to be relevant to comply w ith
the requirements of registration and the wishes of the testator .
(5) Foundations in the form of marriage legacies shall continue
to be regulated by the laws in force on the 31st December, 2006
unless they opt to register as foundations in terms of this Sch edule
in which case they shall be regulated by the provisions of this
Schedule from such date.
(6) Foundations may be established in one or two legal forms
being either for the benefit of beneficiaries (called "benefici ary
foundations") or for the fulfilment of a specified purpose with out
beneficiaries (called "purpose f oundations"). Whatever legal fo rm they
take, foundations may have any of  the purposes stated in articl e 1.
(7) In this Schedule:
(a) any reference to "pious foundation" includes:
(i) an autonomous pious foundation, that is, an
aggregate of things destined for pious or
religious purposes and established as juridical
persons by the competent ecclesiastical or other
religious authorities;
(ii) non-autonomous pious foundations, that is,
temporal goods given in any way to a public
juridical person established by the competent
CIVIL CODE  [CAP. 16.   
ecclesiastical or other religious authorities and
carrying with them a long-term obligation, such
period to be determined by applicable religiouso r  n a t i o n a l  l a w ,  a n d  w h e r e  a  l o n g - t e r m
obligation consists of binding the juridical
person, from the annual income, to celebrateMasses or other religious  ceremonies, to perform
other determined ecclesia stical functions, or in
s o m e  o t h e r  w a y  t o  f u l f i l  t h e  p i o u s  o r  r e l i g i o u spurposes as defined by the applicable religious
laws or rules; and
(iii) "pious or religious purposes" are understood to
be those which concern acts of piety, of theapostolate, or of charity, whether spiritual or
temporal and include similar organisations of
any religious denomination; 
(b) any reference to "ecclesiastical entity" shall be a
reference to an association of persons or a universality
of things which are established by the competent
ecclesiastical or other religious authority so that theymight, in the name of such authority and in accordance
w i t h  t h e  p r o v i s i o n s  o f  t h e  r e l e v a n t  l a w ,  f u l f i l  t h e
specific task entrusted to them in view of the public
good, including the impar ting of religious teaching,
the promoting of public worship and the undertaking
of projects which are approp riate to their character and
governed by their statutes, under the higher direction
of the said authority. Such entities include dioceses,
parishes and all institute s of consecrated life and
societies of apostolic life, and include similar
organisations of any religious denomination.
(8) With effect from the relevant date, it shall not be lawful t o
establish a foundation other than by public deed or by will formarriage legacies or eccl esiastical entities.
(9) The appropriation of assets to a purpose or for the benefit
of beneficiaries written in the form indicating an intent to es tablish
a foundation but which is not made by a public deed of foundati on
or by will, shall be regulated  by the provisions relating to
unregistered organisations. In s uch cases, the persons who may be
acting as administrators or fiduc iaries shall be deemed to have  the
power to constitute such appropriation of assets into a foundat ion
in accordance with this Schedul e and to register the same.
(10) Until such time as it is registered, it shall not be lawful  for
such an organisation to use the word "foundation" in its name a nd
the Registrar may, upon being notified thereof or upon becoming
otherwise aware of such circumstances, by notice in writingdemand the removal of such word from the name.
(11) It shall be presumed that a mandate regulated by Title XVII I of
this Code or a deposit regulated by Title XIX of this Code, has  been
established, where a written ins trument is executed vesting a p erson
  532     [CAP. 16.           CIVIL CODE
with the ownership or possession of property for the fulfilment  of a
specified purpose or for the bene fit of beneficiaries, unless t here is
clear evidence of an intent to cr eate a foundation  as stated in  sub-
article (9) and to appoint the recipient as an administrator, o r a trust
and to make the recipient a trustee.
Definition of 
association.
Amended by:
XXXVI.2018. 67.27. (1) An association is an agreement between three or more
persons to establish an organisation with defined aims or purpo ses
to be achieved through the dedication of efforts and resources by
such persons and others who may join voluntarily, the patrimony ,
namely assets and liabilities, if any, of the association being
distinct from that of the members, its administratorsor any
beneficiaries:
Provided that an association which is not established as a
public benefit organisation may be  established between two pers ons.
(2) Associations are not bound to register as legal persons but
are entitled to do so.
Hybrid 
organisations.Substituted by:
XXXVI.2018.
68.28. Religious organisations con stituted as foundations or
associations and established for purposes as defined in applica ble
religious laws shall not be subj ect to or in any manner regulat ed by this
Schedule and shall be regulated by the relative religious laws.  In the
event that they are registered as foundations or associations u nder this
Schedule they shall also be regulated by the provisions of this
Schedule from such date and in case of inconsistency the provis ions of
this Schedule shall prevail.
Sub-Title II
Of Foundations
Form and content 
of the statute.
Amended by:
XXXVI.2018. 69.29. (1) A foundation may only be constituted by virtue of a
public deed inter vivos or by a will.
(2) The deed of foundation shall contain, on pain of nullity, an
endowment of money or property worth at least one thousand and one
hundred and sixty-four euro and si xty-nine cents (€1,164.69) ex cept in
the case of a public benefit found ation in which case the endow ment
shall be of at least two hundred and thirty-two euro and ninety  four
cents (€232.94).
(3) When the property endowed is not cash or any other asset,
the value of which appears on t he face of it, the administrator s shall
declare, in a statement which shall be attached to the applicat ion
form for registration, that in their considered opinion the pro perty
endowed upon or vested in the foundation has a value of at leas t the
amount required by this article:
Provided that a foundation which has been duly registered
shall not lose its eligibility to remain registered if, subsequ ent to
registration, the value of its assets is reduced to less than t he
amount required by this article.
(4) The deed of foundation shall state the following: 
(a) the name of the foundation, which shall include the
word "foundation";
CIVIL CODE  [CAP. 16.   
(b) the registered address, in Malta;
(c) the purposes or objects; and in those cases where the
foundation falls within the follo wing specific categories:
(i) the foundation is a public benefit foundation as
defined in article 1(4); or
(ii) the foundation is a private foundation as defined
in article 31B,
an indication of the category of  the foundation in the statute;
(d) the constitutive assets with which it is formed;
(e) (i) the composition of the board of administration and
the name, surname, identification, passport or
registration number, as applicable, nationality andresidential address of the administrators, if any, or
when there are no administrators at the time of
establishment or registration, the person who has thepower to appoint the administrators;
(ii)  the manner in which administrators are
appointed and removed from office and the
duration of their appointment, if any:
Provided that if the duration of the appointment of the
administrators is not stated in the deed of foundation,
administrators shall be deemed to have been appointed
indefinitely until they retire or are removed.
(f) the term for which it is established, if any and if not
stated it shall be presumed to be established for an
indefinite term except in a beneficiary foundation in
which case the provisions of articles 29(7) and 33 shallapply;
(g) in the case of a foundation, the administrators of which
are non-residents of Malta, the name and address of aperson ordinarily resident in Malta who has been
appointed to act as the local representative of the
foundation in Malta; and
(hin the case of a beneficiary  foundation, either the names
of beneficiaries, or, in the a bsence of such indication, a
declaration that the foundation is constituted for the
benefit of beneficiaries. Such beneficiaries may beindicated in a written instrument, which need not form
part of the public deed, called the "beneficiary
statement", signed by the founder and addressed to theadministrators, and the same shall be signed in the
presence of a Notary Public. The use of a beneficiary
statement shall not be permitted in the case of abeneficiary foundation, or a cell of such a foundation,
when it is established exclusively for the benefit of public
interest beneficiaries.
(i) where there exist more than one board or committee in
virtue of the deed of foundation, the deed of
foundation shall specify w hich board or committee
  534     [CAP. 16.           CIVIL CODE
shall be the board of administration;
(j) when the category of any foundation is for the public
benefit, this shall be stated expressly through the use of
the words "public benefit", "social purpose" or "publicpurpose" in the constitutive instrument and in the statute
of the foundation.
(5) The statute shall be signed by the founders and any
person subscribing to the statute after a foundation isestablished by means of a public deed or in such other
manner provided for in the statute shall be deemed to
have consented to all the provisions of the statute andall rules which may have been validly promulgated by
the foundation until such date. 
Where a foundation is being established as a public benefit
foundation involving more than three persons aspromoters, the signature of three persons shall be
sufficient to indicate the consent of all founders at the
time of establishment. A docum ent containing a list of all
founders shall be sufficient evidence of their consent.
The Notary Public shall not be bound to ascertain that the
three persons have been authorised by the founders toappear on the deed but shall rely on the document
submitted to him by the three persons containing a list of
all founders as evidence of their consent.Notwithstanding the provisions of any other law, in
respect of the persons listed in the document containing
the list of all founders, their name, surname and identitycard, passport number or registration number, as
applicable, shall suffice:
Provided that the Notary Public who receives any deed to
which this sub-article refers shall record in the deed a
declaration by the three persons that they are authorised
by the founders to state their names, surnames andidentity card, passport number or registration number, as
applicable, in the document above referred to and the said
Notary Public shall warn the said three persons of theimportance of the truthfulness of such declaration. The
document shall be attached to the public deed
establishing the foundation:
Provided further that any person named as a founder in a
document as referred to above who claims that he did not author ise the
three persons to include his name and surname and identity card ,
passport number or registration number, as applicable, in the d ocument
shall, within sixty (60) days of his becoming aware of his incl usion in
the document, be entitled to reg ister a declaration to that eff ect in the
Register of the foundation and i n the absence of any written ev idence
to the contrary which may be produced in case of dispute on suc h
matter, he shall not be consider ed ever to have been a founder.
(6) When administrators are designated in the statute, unless th ey
consent on the said statute itself, the written consent of the
administrators must be delivered to the Registrar prior to regi stration
CIVIL CODE  [CAP. 16.   
of any foundation. When the administrators are not designated i n the
statute, their written consent must be submitted to the Registr ar on the
notification of their appointment.
(7) ( a)  It shall not be lawful to state a term for a foundation in
excess of one hundred and twenty-five (125) years except in thefollowing cases in which a foundation may have an unlimited
duration:
(i) public benefit foundations; or
(ii) foundations governed by article 31B(4), (5) and
(6).
(b) When no term is specified in the deed of a foundation,
a foundation shall be considered to be valid for onehundred and twenty five (125) years from its
establishment except in the cases referred to in
paragraph (a).
(c) Saving as otherwise provided, in the event that a
longer term is stated in a deed of a beneficiary
foundation, it shall terminate on the hundred and
twenty fifth anniversary  from when it came into
existence. The limitation on duration also applies in
the case where a founda tion results from the
conversion of another registered organisation or of atrust in accordance with this Schedule and any
regulations or from the transfer of a patrimony by a
foundation to another foundation or trust. In such acase periods of existence shall be considered
cumulative.
(8) Article 1753(1) of this Code shall not apply to endowments
in favour of registered foundations.
(9) Foundations established in accordance with this Schedule
are not prohibited by articles 331, 757 to 761 and 1776 of thisCode.
(10) Article 586 of this Code shall not affect any term of a
foundation because it relates to the inheritance of the founder  or
because the provisions relating to property belonging to the
foundation are to tak e effect after the death of the founder.
(11) ( a) The provisions of this Schedule shall apply to
dispositions in wills in favour of foundations, whethersuch foundations are created inter vivos or by
testamentary disposition, and this notwithstanding the
provisions of articles 688, 693 and 695 and othersimilar provisions of the Civil Code.
(b) The administrators of a foundation may not renounce to a
benefit to the foundation under a will pursuant to a
disposition in its favour except with the prior consent
of the beneficiaries or in the case of a purposefoundation, the Court:
Provided that nothing in this sub-article shall oblige any
administrator to accept a benefit under a will or an
  536     [CAP. 16.           CIVIL CODE
endowment if such administr ator has reason to suspect
that the same consists of assets derived from any
criminal offence or involves money laundering or thefunding of terrorism:
Provided further that if the administrator is not willing to
accept to act as an administrator or to continue in such
office, the provisions of article 35 shall apply.
(12) The provisions of this Title shall apply to all foundations
existing on the coming into force of this provision but existin g
foundations will not be obliged to comply with the requirements  in
sub-article (2) and shall comply with the requirements of sub-
article (3) only upon registration. Nothing in this Schedule sh all
render invalid anything done prior to the coming into force of this
law which was valid when done.
(13) The Registrar shall register an existing foundation without
its name being changed even if this is not in conformity with t he
requirements of sub-article (4 )(a) or any other article imposin g
rules on the names of organisations.
(14) The Minister responsible for justice may make regulations
permitting foundations to use alternative words instead of the word
"foundation" in their name.
(15) The provisions of this article shall apply mutatis mutandis  in
the case of foundations governed by any directive or regulation  of the
European Parliament and the Coun cil regulating the establishmen t and
operation of foundations as ma y be in force at any time.
Mandatory rules to 
prevail.Added by:
XXXVI.2018.
70.29A.  (1) Subject to the provisions o f sub-article (2), in the case
of a foundation governed by Maltese law, where the laws of Malt a
contain provisions with regard to the following matters -
(a) the protection of minors or incapable parties;
(b) the personal and proprie tary effects of marriage;
(c) succession rights, wheth er testate or intestate,
especially the indefeasible shares of spouses,
ascendants and descendants,
hereinafter referred to as "rules of mandatory application" or
"mandatory rules" which cannot be derogated from by a voluntaryact, such laws shall prevail ove r the terms of the foundation a nd
related endowments unless otherwise expressly provided in thisSchedule or in applicable law.
(2) To the extent that there exist rules of mandatory
application, the courts shall a pply such mandatory rules subjec t to
the provisions of article 29B.
(3) When a foundation is governed by Maltese law and has no
connection to Malta by reason of the domicile of the founder at  the
time of the endowment of the property to the foundation or the situs
CIVIL CODE  [CAP. 16.   
of the property, when immovable, any rules of mandatory
application shall not apply in any manner. In such cases no reg ard
shall be had to:
(a) the domicile, habitual residence, registration,
authorisation or place of business in Malta of anyprotector or any person rendering administration,
accounting or other services to the foundation; or
(b) the fact that the proper law of the foundation is
Maltese law and the place of r egistration is Malta; or
(c)t h e  situs  of property in Malta, when movable; or
(d) the fact that the place of execution of the deed of
foundation, any documents relating to the foundation
or relating to the foundation property or other
transaction documents is Malta.
(4) In the case of a foreign foundation, the rules of mandatory
application shall only apply to  any relevant endowment to the
foundation when the founder is domiciled in Malta at the time o f
creation of the foundation or the  making of the endowment, subj ect
always to the rules st ated in article 29B.
(5) In the case of a foreign foundation, when the founder of
such a foundation is not domiciled in Malta at the time of thecreation of the foundation or the making of the endowment, the
provisions of this Schedule shal l apply only in so far as they
regulate the continuation or oth erwise in Malta of the foundati on or
the endowment.
(6) To the extent that there exis t rules of mandatory applicatio n
in the law applicable in the ci rcumstances in terms of Maltese
private international law, the courts of Malta may apply such
mandatory rules subject to the provisions of article 29B.
(7) When a court is requested to recognise a foreign judgement
which enforces any rules of manda tory application as referred t o in
sub-article (6), the court may accede to such request subject t o the
provisions of article 29B.
Management of 
inconsistent 
provisions.Added by:
XXXVI.2018.
70.29B.  In order to ensure that the provisions of applicable law
which cannot be derogated from by voluntary act are applied in a
manner which preserves the endowment to the foundation and itsterms as far as possible, the  following rules shall apply:
(a) the application of the mandatory rules shall not
produce the failure or inv alidity of the endowment or
the foundation, and where possible, the endowment
and the foundation shall continue under the same termsin relation to property which is unaffected by such
mandatory laws. Subject to any order of the court, the
affected property shall be held by the foundation forthe founder absolutely, or if he is dead, for his heirs;
(b) the administrators shall be empowered to:
  538     [CAP. 16.           CIVIL CODE
(i) vary the terms of the foundation in so far as
r e l a t e s  to  t he  n a t ur e  o r  t he  e x t e nt  o f  b e n e f i t  o r
the endowment; or
(ii) do such acts as are necessary and legally
permissible:
Provided that the beneficiaries or the purpose of
the foundation derive the benefits in accordance with theintentions expressed by the founder in the deed of foundationin a manner compatible with the mandatory rules and anyproperty which becomes free from the terms of the foundationfor any reason shall be held by the foundation for the founderabsolutely, or if he is dead, for his heirs;
(c) for the purposes of resolving conflicts between the
endowment and the foundation and any mandatory
rules and to enable the continuance of the foundation
as specified in paragraphs ( a) and ( b), the terms of the
foundation or the endowment, where silent, shall be
deemed to include:
(i) the power, without any obligation to do so, of
the administrator to re duce the foundation assets
and return all or part of them to the founder or
the estate of the founder so as to achieve
compliance with such provisions of law;
(ii) the power of the administrator to enter into
arbitration and mediation agreements and to
reach a compromise to disputes and claims by
third parties; and
(iii) the power to seek directions from the Court on
such matters:
Provided further that such powers shall be
exercisable notwithstanding any contrary provisions of thedeed of foundation or the endowment and, provided theadministrator acts honestly, in good faith and reasonably, suchacts shall not constitute a breach of any fiduciary duties andany applicable law;
(d) the property of the founder which is not endowed to
the foundation shall first be utilised, to the extent
possible, to meet the claims of any person seeking toinvalidate or reduce an endowment;
(e) notwithstanding any other applicable law, the
foundation may meet a valid  claim being made against
the foundation property, whether voluntarily or as aresult of a court direction, order or judgement, by a
payment of value in money and shall not be obliged to
return property endowed to the foundation in kind;
(f) any person who succeeds in  reducing the property of
the foundation or obtains a court order to invalidate an
CIVIL CODE  [CAP. 16.   
endowment in whole or in part or who enjoys the
benefits of an arrangement with the foundation as
provided in paragraph (c)(i), shall forfeit the benefitsunder the foundation, unless the terms of the
foundation expressly state otherwise or the
administrators consider it unreasonable in thecircumstances and obtain th e consent of the Court to
maintain in force rights in favour of such person
subject to such conditions as the Court may considerappropriate;
(g) in any event and notwithstanding any provision of law,
a foundation shall not be subject to an obligation to
pay or return more than the foundation property heldby it, after deducting any fees and costs, and shall not
be subject to any obligation for any distributions made
by it, in good faith prior to having written notice ofany claim.
Property in Malta, 
Maltese or foreign 
foundations, foreign 
domiciliary.
Added by:XXXVI.2018.
70.29C.  Article 958R of this Code shall apply to foundations and
endowments thereto mutatis  mutandis .
Obligation to 
register.Substituted by:
XXXVI.2018.
71.30. (1)  It shall be the obligation of the administrators of any
foundation established after the relevant date, other than piou s
foundations, marriage legacies  and ecclesiastical entities
constituted as foundations, to register such foundation in term s of
this Schedule within the periods stated in this Title:
P r o v i d e d  t h a t  w h e n  n o  a d m i n i s t r a t o r s  a r e  d e s i g n a t e d ,  t h e
foundation shall be registered by  any of the persons mentioned in
article 31(2), (3) and (4) or by the person designated in the s tatute
as having the power to appoint the administrators.
(2) After a foundation has been established by public deed in
accordance with this Sub-Title of this Schedule or at any time after
the opening of succession in case of a foundation established b y
will, the provisions of articl e 14 shall apply to any acts carr ied out
by the administrators on behalf of a foundation prior to its
registration and in such cases the administrators shall not bepersonally liable in accordance with a rticle 17(2) if:
(a) the actions carried out implement what is expressly
required of them in the public deed or will; and
(b) the foundation is registered within the period stated in
article 31.
Registration of 
foundations.Amended by:
XXXVI.2018.
72.31. (1) For the purpose of registration of a foundation the
prescribed application form shall be submitted to the Registrartogether with:
(a) in the case of a private foundation as defined in article
31B: 
  540     [CAP. 16.           CIVIL CODE
(i) an authentic copy of the constitutive instrument
and the statute wit hout the beneficiary
statement, if any;
(ii) save as otherwise provided in this Schedule, the
prescribed Not e of Initial Registration; and
(iii) the written consent of the administrators, if any;
and
(b) in all other cases, an authentic copy of the constitutive
instrument and the statute and the written consent ofthe administrators, if any;
(2) Where the foundation is created by a public deed an
authentic copy thereof is  to be delivered by -
(i) the founder; or
(ii) after having accepted to act as such, the
administrators; or
(iii) the Notary publishing the deed.
(3) Where the foundation is created by a will, an extract of the
relevant part, duly authenticated, is to be delivered by a
testamentary executo r or by the heirs:
Provided that a testamentary executor may deliver the same
even before being confirmed by the Court to act as such.
(4) Where the foundation is created by a secret will the said
extract is to be delivered by the Notary publishing the secret will or
by the heirs.
(5) The heirs mentioned in sub-articles (3) and (4) who do not
intend to declare or who have not yet declared their intention to
accept the inheritance or who have  accepted the inheritance wit h
the benefit of inventory shall nonetheless be liable for the de livery
of the said extracts but such delivery shall not of itself be e vidence
of the acceptance or the unconditional acceptance of the
inheritance.
(6) The said delivery is to b e effected within three months
which period is to run -
(a) if the foundation is created by a public deed, from the
date of such deed;
(b) if it is created by a public will, from the date of death
of the founder; and
(c) if it is created by a secret will, from the date of the
publication of the will.
(7) The said delivery may be made by any one of the persons
mentioned in sub-articles (2), (3) and (4), or by the person
designated in the statute as h aving the power to appoint the
administrators either personally or by an authorized agent.
(8) On receipt of the documents  mentioned in sub-article (1),
the Registrar shall -
(a) register the foundation, on being satisfied that all the
provisions of this Sub-Title have been complied with;
CIVIL CODE  [CAP. 16.   
or
(b) refuse to register the foundation, informing the
applicant in writing of the  reasons for such refusal:
Provided that, the fact that the Registrar registers a
foundation in the absence of compliance with anyrequirement under any special law, shall not exempt such
foundation or its administrators from their obligation to
comply with such law or to be subject to any penalties orproceedings which may arise from the breach of such
special law.
(9) The Registrar shall have the right to require any
information from any person, if such information is deemed by h im
to be necessary for registrati on of a foundation but, in the ca se of a
private foundation as defined in article 31B, shall not be enti tled to
request a copy of the beneficiary statement from the administra tors
or the Notary Public:
Provided that nothing in this sub-article shall limit any
powers of the Malta Financial Services Authority under applicab le
law.
(10) If the delivery prescribed i n sub-article (1) is not made
within the period established in sub-article (6), the persons
mentioned in sub-articles (2), (3) and (4) and the person desig nated
in the statute as having the power to appoint the administrator s shall
be liable to a penalty, payable to the Registrar, of two hundre d and
thirty-two euro an d ninety-four cen ts (€232.94) each:
Provided that no person shall be liable for failure to observe
this obligation if he is unaware of the death of the founder or  any
other relevant fact:
Cap. 492Provided further that in case of a public benefit foundation
which is enrolled in accordance with the V oluntary Organisations Act
, the penalty above referred to shall be reduced to twenty-thre e euro
(€23).
Cap. 12. (11) The provisions of article 636(2) and (3) of the Code of
Organization and Civil Procedure  shall apply to the extracts
contemplated in this article.
Amendments to 
statutes and notices 
of changes.Added by:
XXXVI.2018.
73.31A.  Any amendments to the statute of a foundation or changes
in a foundation after a foundation has been registered, shall b e
registered in the Register as follows:
(a) notwithstanding what is stated  in the statute, if there is
a form which is prescribed, by the filing of such formand such amendments or changes shall not require a
public deed or enrolment in  t h e  r e c o r d s  o f  a  N o t a r y
Public;
 (b) notwithstanding the provisions of any other law, any
other amendments or changes not the subject of
notification through the filing of a prescribed form
shall be made by resolution, private writing or notarialdeed in accordance with the statute and unless made by
a notarial deed, shall be enrolled in the records of a
  542     [CAP. 16.           CIVIL CODE
Notary Public and shall be registered in the Register
by the Notary Public publishing or enrolling the deed,
as the case may be, within fourteen days from the dateo f  p u b l i c a t i o n  o f  t h e  d e e d  o r  i t s  e n r o l m e n t  i n  h i s
records, as th e case may be;
(c) the duty of the administrators with regards to
amendments to the statute, s hall be as prescribed from
time to time; and
(d) in the case of a private foun dation as defined in article
31B, if such amendment affects any matter referred to
in the Note of Initial Registration referred to in article31, which is not already otherwise addressed in a
prescribed form filed in terms of paragraph (a), an
Amended Note of Initial Registration shall also besubmitted to the Registrar.
Private foundations 
and trading 
activities.Added by:
XXXVI.2018.
73.31B.  (1) Private foundations may carry out the trading activities
referred to in:
(a) this sub-article and sub- articles (2) a nd (3); and
(b) sub-articles (4), (5) a nd (6) without limitation:
Provided that private foundations may also establish
another legal organisation to carry out acts of trade or
trading activities to ach ieve and promote their
principal purposes and obj ectives. They may establish
another legal organisation to carry out any acts of trade
which are not related to their principal purposes andobjectives only when this power is expressly granted
in their statute.
Cap. 492.For the purpose of this article, a private foundation means a
foundation, which neither qualifie s as a public benefit foundat ion nor
is it established for a public or social purpose and which is n ot a
voluntary or non profit organisation but which can be establish ed for
a lawful purpose as defined in terms of the provisions of theV oluntary Organisations Act.
(2) Notwithstanding the provisions of sub-article (1), a private
foundation:
(a) may have additional objectives and powers contained
in its statute to enable it to carry out any such activities
referred to in this article to achieve its purposes or to
protect its assets and, or to otherwise comply withlegal requirements; and
(b) shall, in any case, be deemed to have all the powers to
do anything which is necessa ry or ancillary to achieve
the said purposes.
(3) In addition to the activities r eferred to in sub-articles (1 )
and (2), a private foundation may:
(a) hold assets as an investment portfolio and to do all
CIVIL CODE  [CAP. 16.   
such acts ordinarily car ried out in such context;
(b) carry out any specific acti ons with shares it may hold
as may be designated in the statute of the foundation
for the achievement of any designated purpose,transaction or for the protection of any designated
interests;
(c) own, establish, grant and license a franchise, a trade
mark or other intellectual property which gives rise toincome;
(d) own income which may be made payable to voluntary
organisations which own, administer or otherwise
operate an innovative technology arrangement; and
(e) own commercial propert y or a ship or aircraft.
(4) For the purposes o f sub-article (3):
(a) a foundation shall act as the passive owner of such
assets, the administration of which is delegated to a
third party, including another legal organisation withi t s  o w n  b o a r d  o f  d i r e c t o r s  o r  a  t h i r d  p a r t y  u n d e r  a
fiduciary agreement or  temporary title; and
(b) the carrying out of acts of trade of any kind by the
delegate with assets belonging to the foundation shallnot imply that the foundation is itself carrying out such
activities.
For the purpose of this sub-artic le "passive" shall mean that t he
foundation is not involved in the day to day operations of the relevant
activity but shall not imply limitations on the foundation or i ts
administrators from exercising or protecting the rights of thefoundation in relation to any of its purposes or assets.
(5) Subject to any authorisations, registrations or notification s
as may be necessary under app licable laws, a foundation may
operate:
(a) as a collective investment v ehicle, and issue units to
investors therein, for the holding of a common pool of
assets, the management of which is delegated to a third
party;
(b) as a pension or employ ee benefit arrangement;
(c) as a securitisation vehicle or for the purpose of
supporting or implementing a securitisation
transaction, including to hold any assets in connection
therewith, borrow monies against the issue of bonds,establish security or collat eral and do all relative and
ancillary acts;
(d) as a retirement scheme or fund;
(e) for the holding, administration, development, or sale
of undivided property originating from an inheritancederiving from one or more deceased person or persons
  544     [CAP. 16.           CIVIL CODE
common to the beneficiaries for the sole purpose of the
division or liquidation of  the common estate; or
(f) for any other purpose as may be prescribed in a notice
issued by the Minister  under this Schedule.
(6) A foundation may be used in the context of the following
transactions and any transactions  connected or an cillary theret o:
(a) securities offerings, whether to the public or for
private placement, portfolio  management and custody
of investment instruments;
(b) the grant of real or personal security interests,
including hypothecs, mortgages, privileges, pledges
and guarantees;
(c) collective loan agreements  and other multi-creditor
banking facilities;
(d) insurance policies and the payment of proceeds
thereunder;
(e) timeshare and multi-property structure; and
(f) such other commercial transactions as may be
prescribed in a notice issued  by the Minister under this
Schedule.
(7) When a foundation is established with segregated cells, the
foundation may itself render services against remuneration in
favour of any of its cells which are established for the benefi t of
beneficiaries or for  purposes or both.
(8) Whenever the activities of a foundation intended to be
carried out under sub-articles (4 ), (5) and (6) are subject to laws
regulating credit or financial institutions, insurance undertak ings,
investment services or funds, trusts and trustees, corporate or  other
licensable fiduciary institutions, such foundation shall only b e
permitted to register with the prior written consent of the Mal ta
Financial Services Authority, where applicable in terms of law and
when it is the competent authority under such law, or may be
permitted by such authority to register but not to carry out
activities, until it is authorised by means of a notice issued by such
authority.
(9) Where such activities are ex empt from registration in terms
of sub-article (8), the Registra r for Legal Persons may request
confirmation of such exempt status from the Malta Financial
Services Authority prior to registering the foundation in terms  of
the provisions of this Schedule.
(10) Nothing in this article shall prohibit foundations regulate d
by European Union law from carrying out acts of trade or tradin g
activities if they are permitted to do so under such law.
CIVIL CODE  [CAP. 16.   
Accessibility of 
registered 
documents and 
confidentiality of private 
foundations.
Added by:XXXVI.2018.
73.31C.  (1) The following registra tion documents are accessible to
the public, except as stated in sub-article (2):
(a) the application form;
S.L. 16.08(b) any forms notified to the Registrar under the Civil
Code (Second Schedule) ( Notifications and Forms)
Regulations , including the Note of Initial Registration,
as the same may be amended from time to time, exceptthe following forms:
(i) Form DD relating to  assets added to an
organisation by additional endowments, as the
same may be amended or re-numbered from timeto time;
(ii) such other forms stated in a notice issued by the
Minister;
(c) the written consent of any administrator to act as
administrator; and
(d) the Certificate of Registration,
as well as any cha nges made thereto.
(2) Unless the founder has expressly waived confidentiality
under sub-article (3), in the cas e of a private foundation, all
documents, statements or declar ations submitted to the Registra r,
including those accompanying notified forms referred to above, shall
not be accessible to third partie s without the prior written co nsent of
the administrators or the supervisory council of the foundation , if
any, duly authenticated by a Notary Public, or with the permiss ion of
the Court and only when the Court is satisfied that the personrequesting such information has a legitimate interest therein:
Provided that:
(a) nothing in this article shall render confidential any
transactions which are subject to registration in the
Public Registry according to law;
(b) unless the founder has expressly waived
confidentiality under sub-article (3), the applicant
shall be obliged to submit a Note of Initial
Registration signed by the administrators, the founderor by the person designated in the statute as having the
power to appoint the administrators as a condition to
registration and this shall be accessible to the public;
and
Cap. 331.(c) articles 47, 48, 49 and 50 of the Trusts and Trustees
Act shall apply to the administrators of a private
foundation.
(3) The founder may, by means of a statement in the statute or
by a notarially authenticated notice in writing, filed with the
  546     [CAP. 16.           CIVIL CODE
Registrar, declare that all regis tration documents in relation to a
private foundation are accessible  to third parties, and the Reg istrar
shall act accordingly. Such declar ation shall be filed in the R egister
by the Registrar and shall b e accessible to third parties.
( 4 ) T h e  R e g i s t r a r  s h a l l  i m p l e ment procedures and take all
measures to ensure the privacy  of all documents relating to a
private foundation which are not accessi ble to the public.
(5) A person dealing with administrators of a private
foundation in relation to foundation property need not:
(a) enquire into the terms of the foundation or of any
endowment; or
(b) obtain the consent of the beneficiaries or any other
person, and shall, where he acts in good faith, beentitled to rely on declarations made by the
administrators with regard to any matters therein
stated.
(6) The administrators may furnish to any person with whom
they are dealing in the interest of the foundation, a certifica te
containing the followi ng information witho ut being in breach of
any confidentiality obligations:
(a) that the foundation exists, is registered and that the
Note of Initial Registration is complete and factually
correct;
(b) the identity and address of  the current administrators
in office;
(c) that the administrators, or any of them, are duly
authorised and empowered t o carry out the relevant
transaction and have obtained all necessary internal
consents, if any;
(d) the revocability or irrevocability of the endowments of
the foundation and, if revocable, that the endowmentshave not been revoked, or if any have been revoked,
which ones have been revok ed since the last accounts
made available; and
(e) the latest accounts  of the foundation.
(7) When there is more than one  administrator, a certificate
may be signed and authenticated by any administrator.
(8) Without prejudice to any liability under applicable law or t o
other fine or penalty which may be applicable under any other l aw,
any administrator who issues any certificate containing any
statement which he knows or ought to know is false shall be gui lty
of an offence and shall on conviction be liable to the punishme nt of
imprisonment for a term not less than thirteen months and not
exceed four years or to a fine (multa) of not less than one tho usand
and one hundred and sixty-four euro and sixty-nine cents(€1,164.69) but not more than two  thousand and three hundred an d
twenty-nine euro and thirty-seve n cents (€2,329.37) or to both.
CIVIL CODE  [CAP. 16.   
Purpose 
foundations.
Amended by:
XXXVI.2018. 74.32. (1) A foundation may be established for the achievement
of a lawful purpose, including a social or public benefit purpo se,
without beneficiaries. The Registrar shall not register such a
foundation unless the purpose is indicated in clear terms.
(2) The founder may, at any time amend or add to the deed of a
purpose foundation, including its purpose, by means of anamendment to the statute done i n accordance with  the provisions  of
the statute, if any, and, or any  applicable law. The statute ma y
expressly permit any other body or person to amend the statute in
the manner and subject to the conditions as may be stated. Afte r the
death of the founder, unless the statute provides for the manne r in
which amendments may be made, the Court may authorise such
amendment or addition to the deed of a purpose foundation,
including its purpose, o n the application of:
(a) any administrator;
(b) the supervisory council;
(c) any interested party, or
(d) in the case of a public benefit foundation, the Attorney
General:
Provided that a public benefit foundation may not have
its purpose changed or extended to other purposes which
are not also social or public purposes.
(3) The deed of foundation may indicate the way in which the
moneys or property of the foundation may be used for the
attainment of the purpose for which the foundation is establish ed
and when no such indication is made the administrators may
exercise their discretion.
A purpose foundation may use money or property of the
foundation to acquire shares or i nterests in other organisation s
when the principal purposes and objectives of the other
organisations are related or ancillary to the purpose foundatio n or
established to implement the p urposes of the said foundation:
Provided that, if an endowment of shares or interests in an
organisation is made to a purpose foundation to help the founda tion
and its principal purposes and ob jectives, such purposes and ob jectives
of the organisation need not be related or ancillary to the pur poses of
the foundation.
(4) The deed of a foundation may indicate how the assets of the
foundation are to be applied if its purpose is achieved, exhaus ted or
becomes impossible and when no such indication is made, the
administrators or the supervis ory council may make specific
proposals to the Court for authorisation to use or dispose of t he
assets, unless the purpose is amended in terms of sub-article ( 2), or, if
the founder is no longer alive, t he administrators unanimously
determine that the foundation is to be terminated and the proce eds
distributed in accordance with this article.
(5) In the case of a purpose foundation established for a public
benefit, the indication of alternative purposes must refer to o ther
public benefit organisations.
  548     [CAP. 16.           CIVIL CODE
(6) Any disposal of assets pursuant to the statute of the
foundation shall be made on the following basis:
(a) in the case of a purpose foundation established for a
public benefit to another public benefit organisation
having the same or a similar purpose:
Provided that when an organisation is controlled by the
Government, a religious organisation or a political
party then the disposal of assets may be made in
favour of the Government, another religiousorganisation of the same denomination or the relevant
political party, as t he case may be; and
(b) in the case of a purpose foundation established for any
other purpose in accordance with the deed offoundation.
(7) Any disposal of assets by the Court under sub-article (4),
shall be made on the following basis:
(a) if the purpose foundation is not established for a
public benefit purpose, i n the absence of express
direction in the statute, the assets shall be paid out to
the founder or his heirs;
(b) if the foundation is a public benefit foundation, in the
absence of express direc tion in the statute in
accordance with sub-article (6)(a), the assets shall be
disposed of in favour of:
(i) the founder, if it is also a public benefit
organisation, irrespective of its purpose; or
(ii) if sub-paragraph (i) does not apply, another
public benefit organisation with the same or
similar purposes but the recipient shall make
reasonable efforts to achieve the original
purposes of the endowments made to the originalorganisation:
P r o v i d e d  t h a t  w h e n  t h e  p u r p o s e s  a r e  t h e
advancement of religion or the carrying out of a
religious vocation or there are indications in theoriginal endowment that this was intended for a
religious organisation, to any pious foundation
or ecclesiastical entity, and in such case of theappropriate denomination; or
(iii) if the Government of Ma lta is the founder, to the
Government of Malta if the purposes are for the
general public benefit or utility;
(c) if the foundation has a combination of purposes, being
partly private benefit and par tly social or public purposes, th e
assets shall be paid out as follows:
(i) unless the social or p ublic purposes have already
been achieved or are specifically determined
such that their extent can be calculated, the
assets shall be paid out, in accordance with
CIVIL CODE  [CAP. 16.   
paragraph (b) in such manner that reasonably
proportionately reflects the benefit intended for
the social or public purposes as may be approvedon application to the Court; and 
(ii) the balance shall be  paid out as stated in
paragraph (a); and
( i i i ) w h e r e  t h e  a s s e t s  a r e  n o t  i m m e d i a t e l y  p a y a b l e
due to the fact that payment is subject to acondition, a contingency or a discretion, they
shall be retained until the condition or
contingency occurs or the discretion can beexercised; 
(d) where the foundation is a pious foundation, marriage
legacy or ecclesiastical entity which is constituted as a
foundation and which qualifies as a long-termobligation, in the event that there may be any
remaining assets from the sum dedicated to the
performance of the long-term obligation after it hasbeen performed, this shall be paid out as may be
determined in accordance with Canon law and other
legislation governing religious organisations.
(8) When the dominant purpose of a foundation is to support a
class of persons which constitut e a sector within the community  as a
whole, because they suffer from a particular social, physical o r mental
disability it shall be permissible to indicate one or more indi viduals
who suffer from such condition as named beneficiaries.Notwithstanding such indication , the foundation shall be consid ered to
be a public benefit purpose foundation on condition that after the death
of such beneficiaries, the resi dual property of the foundation is, by the
express terms of the statute, to be held either for the exclusi ve benefit
of the designated class of benef iciaries or for another foundat ion
established for a similar social purpose which qualifies as a p ublic
benefit.
(9) Notwithstanding the provisions of this article and other
provisions of this Schedule, a "purpose foundation" which is no t
established as a public benefit  foundation shall be subject to the
provisions of Column A with the modifications in Column B which
prevail over its legal form in deference to its non-public bene fit
purposes:
Column A Column B
29(2) The foundation must have an initial
endowment of money or property of atleast one thousand and one hundred andsixty four euro and sixty nine cents(€1,164.69);
29(7) The foundation may not be established for
more than one hundred and twenty-fiveyears (125) except where expresslypermitted by this Schedule;
  550     [CAP. 16.           CIVIL CODE
(10) Without prejudice to the provisions of this article, a prov ision
in the statute granting the power to the administrators to appl y the
proceeds to another public benefit purpose when the stated purp ose
has been achieved, exha usted or is no longe r possible shall be valid.
Public benefit 
foundations and 
trading activities.
Amended by:XXXI.2018
.60.
Substituted by:
XXXVI.2018. 75.
Amended by:
XXV .2019 .28.
Cap. 492.32A.  (1) Without prejudice to the ability of any public benefit
foundation to carry out acts of trade in the ordinary course of
carrying out its principal purposes and objectives, in terms of
article 38(2) of the V oluntary Organisations Act , where applicable,
a foundation shall not be established to carry out acts of trad e or
trading activities on a regular or continuing basis nor shall i t do so
in practice, except as permitte d under this article and when the
proceeds of such trading activities are attributable to a socia l or
public purposes.
(2) Notwithstanding the provisions of sub-article (1) a
foundation may own, acquire or be endowed with shares or other
interests in another legal organisation and may generally:
(a) carry out any specific actions with shares it may hold
as may be designated in the statute of the foundationfor the achievement of its main purposes and
objectives;
(b) subject to such authorisations as may be necessary
under applicable laws, issue tokens and carry out anytrading activity resulting from such foundations
owing, administering or otherwise operating an
innovative technology arrangement; and
(c) seek the achievement of designated social purposes
which may include health and education:32(4) This sub-article shall not apply to the
foundation and if the foundationterminates because the purposes have notbeen amended in accordance with thestatute, the assets of the foundation shall,subject to the terms of the foundation,devolve on the founder or his heirs at law;
34(6), (7) Any endowments to the foundation may
be expressed to be revocable;
35(2) The foundation may have only one (1)
administrator and the administrator oradministrators shall be subject to orotherwise require authorisation by theMalta Financial Services Authority underarticle 43 of the Trusts and Trustees Act inaccordance with its terms;
40(9) The foundation may be constituted in a
revocable manner;
60(1) This article shall not apply and article
60(2) shall apply in lieu thereof.
CIVIL CODE  [CAP. 16.   
Provided that this shall not apply to management
agreements, licences or othe rwise to third parties for
profit:
Provided further that:(i) when the foundation owns a shareholding in an
organisation established to trade, the trading
organisation shall not be restricted in its
activities by the purposes of the foundation inany manner, unless otherwise stated in the
statute of such trading organisation;
Cap. 492.(ii) when the foundation qualifies as a voluntary
organisation and owns shares or other interestsin another legal organisation established
pursuant to the provisions of article 38 of the
V oluntary Organisations Act
, the provisions of
sub-article (4) of the said article 38 shall apply
but the relevant limitations shall not apply to
persons who are not involved in the foundation
and are not related p arties thereto; and
(iii) the purposes of the holding, acquisition or
endowment of shares or other interests shall notbe to enable the foundation to speculate with
such assets.
For the purposes of sub-paragra ph (ii), "related parties" shall
mean persons related by consanguinity or affinity in the direct  line in
any degree or in the collateral line up to the third degree inc lusively,
and shall also include any person involved in the same business  under
any legal structure or otherwise.
(3) With reference to a publ ic benefit foundation:
(a) its statute may contain additional objectives and
powers to enable it to carry out any such activities, to
achieve its purposes, to protect its assets and otherwise
to comply with legal  requirements; and
(b) it shall, in any case, be deemed to have all the powers
to do anything which is necessary or ancillary to
achieve the said purposes.
(4) It shall be lawful for -
(a) the administrators or a person designated in the
statute;
(b) any public benefit beneficiary, in the case of public
benefit foundations; or
Cap. 492.(c) the State Advocate, in the case of a public benefit
foundation and, or the Commissioner for V oluntaryOrganisations in the case of foundations which are
voluntary organisations enrolled in accordance with
the  V oluntary Organisations Act
,
to seek directions from the Court as to whether the actual or p roposed
  552     [CAP. 16.           CIVIL CODE
activity of the foundation constitutes regular or continuing tr ading
activity beyond what is permitted under sub-article (1) and the  Court
may, in such cases, issue directives to the foundation on the m anner
in which it shall carry out activities consistently with this a rticle,
including a direction to amend its purposes and objectives, but  any
such order shall not affect or i nvalidate acts already lawfully  carried
out or interrupt lawful acts in progress.
(5) The Court shall also consider the following principles and
circumstances:
(a) in case of a public benefit foundation, the avoidance of
speculation which may affect the assets of the
foundation and the achievement of its purposes;
(b) the creation of liabilities which may impinge on the
achievement of the purposes of the foundation;
(c) the protection of third parties dealing with the
foundation; and
(d) the competence of the administrators to carry out such
activities and the extent of the delegation of such
functions to third parties.
(6) When a public benefit foundation is established with
segregated cells, the foundation  may itself render services aga inst
remuneration in favour of any of its cells which are establishe d for
the benefit of its beneficia ries or its purposes or both.
(7) Nothing in this article shall prohibit public benefit
foundations regulated by European Union law from carrying out
acts of trade or trading activities if they are permitted to do  so
under such law:
Provided such acts or activiti es are carried out solely to
achieve and promote the princip al purposes and objectives of th e
foundation.
Beneficiary 
foundations.
Amended by:L.N. 426 of 2012
;
XXXVI.2018. 76;
XXV .2019 .28.33. (1) A foundation may be established for the private
benefit of one or more persons or of a class of persons and suc h
beneficiaries shall enjoy such b enefits, and shall have legally
enforceable rights against the f oundation, as may be stated in the
terms of the foundation and the provisions of this Schedule.
(2) The interest of the beneficiary under a foundation shall be
deemed to be movable property even if it includes immovable
property.
(3) The benefit under a foundation is personal to the
beneficiary and subject to any a pplicable laws and only as stat ed in
the terms of the foundation, creditors, spouses, heirs or legat ees of
the beneficiary may have rights only to the extent of the
beneficiary’s entitlements under the foundation and have no oth er
rights in relation to the assets of the foundation. Unless othe rwise
provided for in the deed of foundation expressly, by the type o f
benefit granted to the beneficiary or otherwise, upon the death  of
the beneficiary the beneficiary’s entitlement under a foundatio n
shall not devolve to his heirs but shall terminate.
CIVIL CODE  [CAP. 16.   
(4) Beneficiary foundations must name:
(a) the class of persons entitled to benefit as clearly and as
fully as possible; or
(b) the person or persons entitled to benefit as clearly and as
fully as possible, by specifying first names, surnames,
number of a legally valid i dentification document,
father’s name, mother’s name and maiden surname and
other relevant personal or family factors to eliminate
any doubt as to who the intended beneficiary is,
and if there are no beneficiarie s identifiable or ascertainable  as
aforesaid, the foundation shall be deemed to be for the privatebenefit of the founders or their successors in title.
Such identification need not be made in the constitutive
instrument or statute but may be made in a separate beneficiary
statement in accordance with article 29(4)( i) of this Schedule.
( 5 ) P e r s o n s  w h o  a r e  n o t  y e t  c o n c e i v e d  a t  t h e  t i m e  o f  t h e
creation of a foundation may be named as beneficiaries or form part
of a class of beneficiaries but their rights arise only once th ey are
born viable.
(6) The founder of a foundation may also be a beneficiary.(7) Subject to the terms of the deed of foundation which may
exclude or restrict such power , if the founder is still alive a nd capable
of acting he may freely amend the deed of foundation including
substituting, adding or r emoving beneficiaries:
Provided that no decision of a founder shall affect the
validity of anything lawfully done by the administrators prior to
such decision, before they receive notice of such amendment, no r
shall it affect or interrupt lawful acts in progress or lawful
commitments made and not yet fu lfilled by the administrators.
(8) A beneficiary may be appointed -
(a) subject to a condition; or
(b) for a specified time; or
(c) up to a specified value of benefit,
as a founder shall deem appropriate:
Provided that, if the founder is deceased, a beneficiary may
apply to the Court requesting it to eliminate any condition orrequirement which is considered t o be unreasonable paying regar d
to all the circumstances:
Provided further that persons  unworthy of receiving under a
will cannot receive as benefi ciaries under  a foundation.
(9) The terms of the foundation may provide for the addition of
a person as a beneficiary or the exclusion of a beneficiary fro m
benefit at the discretio n of the administrators.
(10) The terms of a foundation may make the interest of a
beneficiary -
(a) liable to termination; or
  554     [CAP. 16.           CIVIL CODE
(b) subject to restriction on  alienation or dealing; or
(c) subject to diminution or termination in the event of the
beneficiary becoming bankrupt, or insolvent, or any of
his property becoming liable to seizure for the benefit
of his creditors; or
(d) not liable to attachment under a garnishee order issued
against the administrator or to termination without the
prior consent of the Court, when the interest isexpressed to be for the maintenance of the beneficiary
or as a pension.
(11) Where the benefit consists in an annuity or pension or the
use and enjoyment of property and the enjoyment of fruits
therefrom, the terms of the fou ndation may make the interests o f
the beneficiary -
(a) subject to restriction on alienation or dealing;
(b) not liable to attachment under a garnishee order served
on the administrator s as garnishees; or
(c) not liable to termination without the prior consent of
the Court.
(12) When the administrator is granted the power to add a
beneficiary at his discretion, such power shall be valid on con dition
that sufficient indication be given in the deed of foundation o r in
the beneficiary statement as to the class of which the benefici ary
forms part. In the absence of such indication the power shall b e null
and void.
(13) A person who may be appointed a beneficiary in terms of a
power or discretion granted to the administrator shall not enjo y any
rights in relation to the foundation or vis-à-vis the administr ator
and shall not be considered a beneficiary in any manner until
appointed as a beneficiar y by the administrator.
(14) It shall be lawful for an administrator to be granted the
power to decide at his absolute discretion, which beneficiaries  are
to benefit, the quantity of any benefit, at what time and in wh at
manner beneficiaries are to benefit and such other powers relat ing
to the appointment, application or advancement of property of t he
foundation.
(15) A beneficiary in whose favour a discretion to distribute or
appoint property may be exercised shall have no rights to speci fic
property of the foundation until su ch time as such discretion i s
exercised by the appointment, application or advancement of suc h
property in his favour.
(16) A beneficiary may disclaim his whole interest in writing
and such a disclaimer shall be irrevocable.
(17) Subject to the terms of the deed of foundation, a beneficia ry
may disclaim part of his interest, whether or not he has receiv ed
some benefit from his interest; in any such case, but subject t o the
terms of the foundation, a disclaimer may, by the instrument by
which the interest is disclaimed, be made revocable, and shall then
be capable of revocation in the manner and under the circumstan ces
CIVIL CODE  [CAP. 16.   
therein mentioned or referred to.
(18) Subject to the terms of the foundation, a beneficiary may,
by instrument in writing, sell, charge, transfer or otherwise d eal
with his interest in any manner.
(19) Subject to the terms of the foundation, the following rules
shall apply where a foundation, o r an interest u nder a foundati on, is
in favour of a cl ass of persons:
(a) a class closes when it is no longer possible for any
other person to become a member of a class;
(b) a woman who is over the age of fifty-five years shall
be deemed to be no longer capable of bearing a child;
(c) where any class interest relates to income and for any
period there is no member of the class in existence, the
income shall be accumulated and, subject to article29(7), shall be retained until there is a member of the
class in existence or the class closes.
(20)  When permitted by the statu te of a beneficiary foundation,
beneficial interests may be established in the statute or a
beneficiary statement in unitised form, of whatever nomenclatur e,
where each unit reflects a share in the assets of the foundatio n with
such rights to income, capital or other entitlements or powers as
may be stated in the statute or beneficiary statement and if no thing
is stated, proportionately to the total number of units:
Provided that the units may be subject to rules on
recordation in a register of units, transfers, pledges and othe r such
matters as the administrators may establish from time to time o r as
are provided in the statute. In s uch cases, the beneficial inte rest is
presumed, unless otherwise stated  in the statute or beneficial
statement, to be subject to inhe ritance in favour of the benefi ciary's
heirs under his will or at law in  case of intestacy and shall n ot
terminate as provided for in sub-article (3).
(21) In the event that a private foundation as defined in articl e
31B is dissolved for any reason at law, the assets of the found ation
shall, subject to the performance of all obligations towardsbeneficiaries and any other terms of the foundation, be presume d to
be held for the founder o r his successo rs in title.
(22) Notwithstanding the provisions of this article, and other
provisions of this Schedule, where a "beneficiary foundation" i s
established exclusively for public interest, beneficiaries shal l be
regulated by the provisions in Column A:
Provided that such provisions listed in Column A shall be
subject to the modifications in Column B:
  556     [CAP. 16.           CIVIL CODE
Column A Column B
29(2) The foundation may have an initial
endowment of money or property of onlytwo hundred and thirty two euro and ninetyfour cents (€232.94);
29(4)(h) The beneficiaries or class of beneficiaries
must be indicated in the statute and the useof a beneficiary statement shall not bepermitted;
29(7) The foundation may be established for an
unlimited term and the one hundred andtwenty-five year (125) limit shall not apply;
32(2) Any amendments or addition to the purpose
of the foundation may not introduce anypurpose or beneficiary which amounts to aprivate benefit;
32(4), (5), 
(6), (7)These sub-articles on the using, disposal or
distribution of assets on termination of apublic benefit foundation shall apply to thefoundation mutatis mutandis ;
33(7), (9) The founder or the administrators may add
beneficiaries if given such power but, at alltimes, the new beneficiaries shall only bepublic interest organisations;
The founder or the administrators may be
given the power to amend the deed offoundation consistently with the rulesapplicable to public  benefit foundations;
33(21) Any transfer of the beneficial interest may
only be made in favour of other publicinterest organisations;
34(6), (7) Endowments to the foundation are
irrevocable and the constitutive instrumentor statute of the foundation or the instrumentof additional or new endowment may notstate that such endowments are revocable;
35(2) The foundation must have at least three (3)
administrators or at least one juridical personacting as administrator in accordance witharticle 35(1);
38(1)(g) The State Advocate or the Commissioner in
terms of the V oluntary Organisations Actmay request information from theadministrators;
CIVIL CODE  [CAP. 16.   
Augmentation of 
fund.
Amended by:
XXXVI.2018. 77.34. (1) Subject to the provisions of the statute, any person may
add to the assets of a foundation by endowments at any time.Endowments shall be considered to have been made under the same
terms and conditions, for the same beneficiaries or for the sam e
purposes, as the case may be, in t erms of the statute of the fo undation.
Unless the provisions of sub-ar ticle (2) apply, the grantor of such
endowments, if not the founder, shall have no status or powers in
relation to the foundation and the endowment shall be referred to as an
additional endowment.
(2) When permitted by the provisions of the statute or with the
express concurrence of the foun der, the supervisory council or
protector, the administrators or, in default of such persons, t he Court, a
person, hereinafter referred to as "the grantor" may make anendowment in such a manner that he shall be considered to have the
status and powers of a founder in the foundation in relation to  such
endowment or in relation to the w hole foundation,  or where such
endowment is granted to a cell if so contemplated and consented  to as
aforesaid, such endowment shall be considered a new endowment.
(3) When such augmentation by t hird parties is made by means
of a will, the testamentary dispo sition shall be deemed to requ ire
the creation of a new foundation and the administrators of thenominated foundation shall proceed  accordingly, even without th e
concurrence of the persons m entioned in sub-article (2).
(4) Where the statute of a foundation provides for the
establishment of segregated cel ls, a new endowment, whether
transferred inter vivos  or causa mortis , may be constituted as a new
segregated cell by the administrat ors in which case the grantor ’s status
and powers may be limited to such segregated cell. When a grant or
becomes a new founder as aforesaid the rules in article 39 shal l apply
when there is more than one founder.
(5) The administrators shall be bound to file with the Registrar ,
within three months from any grant, an inventory or descriptive
note of the assets added to a foundation but in the case of cas h38(4) The administrators are not bound to inform
certain beneficiaries until such time as theyintend making a distribution to them;
40(2) The beneficiaries may not terminate the
foundation;
40(9) This sub-article shall apply to the
foundation;
45 The provisions of this article shall not apply;
however the founder may imposeconfidentiality to protect the identity of thenamed persons referred to in article 32(8);
6 0 ( 2 ) T h i s  s u b - a r t i c l e  s h a l l  n o t  a p p l y  a n d  o n
dissolution and winding up of the foundationthe distribution of the assets shall begoverned by article 60(1).
  558     [CAP. 16.           CIVIL CODE
endowments, only a certified co py of the relative bank deposit
statement shall be fil ed with the Registrar.
(6) In the event that endowments ar e received by such foundation
in a regular manner in terms of a scheme which is registered wi th the
Registrar, it shall not be required that the administrators fil e a
descriptive note on each occasion that a new or additional endo wment
is made but they shall file a schedule of endowments on an annu al
basis. Neither shall it be required that the administrators ent er into a
public deed on each occasion that  an endowment is made, unless the
endowment involves immovable property. In each case, the
administrators shall file the pr escribed form and required atta chments
to notify such endowments to the Registrar.
(7) Endowments may be granted under a condition, for a fixed
time or in accordance with express rules stated in the statute.  A new
endowment may be made for purpose s which are different from tho se
of the foundation. In the absence of any indication, endowments  shall
be considered to be unconditional and made for the same purpose s of
the foundation.
(8) Additional and new endowments to public benefit foundations
shall be irrevocable notwithstanding any term to the contrary i n the
constitutive instrument or statute of the foundation or the ins trument
providing for the additional or new endowment. 
(9) Unless expressly stated otherwise, additional and new
endowments to beneficiary foundations shall be presumed to be
irrevocable. The fact that an endowment is stated to be revocab le,
unless otherwise stated in the constitutive instrument or statu te of the
foundation or the instrument of additional or new endowment, sh all
not imply any limitation on the use or appointment of the capit al or
income by the administrators. In the case of revocation, the gr antor
shall only be entitled to the ba lance of capital which may rema in
unutilised.
(10) Where, in the case of a beneficiary foundation, an addition al
or new endowment is made by two or more grantors jointly andexpressed to be revocable such endowment may only be revoked
with the express consent of all the grantors.
(1 1) In the case of a beneficiary  foundation, the revocation of an
endowment shall not affect or invalidate acts already carried o ut or
interrupt acts in progress, nor a ffect commitments made and not  yet
fulfilled. The revocation of an endowment shall be suspended un til
such time as the administrators certify to the Registrar that a ll
commitments have been fulfilled a nd shall be deemed to refer on ly to
such amount as shall not have been utilised in fulfilment of su ch
commitments.
(12) The revocation of an additional or new endowment shall not
imply the termination of a foundation but shall, unless otherwi se stated
in the statute, imply the cessation of the status of founder an d all
related rights in relation to the grantor.
(13) If a foundation is the beneficiary of a new or additional
endowment granted for specific purposes different from its own
purposes, unless permitted in accordance with sub-article (5), the
CIVIL CODE  [CAP. 16.   
administrators shall seek new in structions from the grantor and  if that
is not possible, such endowment shall not be accepted and shall  be
deemed to require the creation of a new foundation and theadministrators of the recipient  foundation shall proceed accord ingly.
(14) When a foundation receives an endowment without
sufficiently specific terms and from the circumstances it is ev ident that
the foundation owes fiduciary duties in relation to such proper ty
towards a beneficiary or a class of beneficiaries or a purpose,  the
administrators shall execute a un ilateral declaration by instru ment in
writing containing all the fiduciary terms under which the foun dation
is holding the same, comprising the information enabling theidentification of all the beneficiaries or purposes. The admini strators
may ask the Court to confirm the contents of their declarations .
(15)  In the event that there are no administrators at the time of
establishment or registration of a foundation, the founder or t he
person having the power to appoint administrators shall be deem ed
to have the power to accept any endowment but shall not have th e
power to bind the foundation on any other matter nor shall the
foundation be entitled to commence operations prior to theappointment of the required  number of administrators.
(16) The term "endowment" for the purposes of this Title shall
mean any grant of money or other property under a gratuitous ti tle,
including rights to money or other property, existing or which may
arise in the future.
Administrators of 
foundations.Amended by:
XXXVI.2018.
78.35. (1) The persons named to be administrators of a
foundation may be juridical persons provided they have at leastthree directors.
(2) When a foundation is a public benefit foundation it shall ha ve
at least three administrators or at least one juridical person acting
as administrator.
(3) If the person nominated as an administrator in the
constitutive instrument or statute is unwilling or unable to ac cept
such responsibility, then he shall, within fifteen days, notify  his
intentions in writing to the Registrar, the founder or his heir s and
the persons named as succeeding, if any. The taking of possessi on
of any assets of a foundation shall imply acceptance to act as an
administrator thereof and in suc h a case the administrator is b ound
to confirm his acceptance in writing to so act on demand of any
interested person or the Registrar. Failure to do so within thi rty
days from a written request shall be a breach of duty by the
administrator.
(4) Any person named or appointed to succeed in
administration shall enter into the same obligations as if he w ere
the person named in the first place and shall notify the Regist rar in
writing upon taking up office. It shall be lawful for an
administrator upon taking up office, but not later than thirty days
after, to notify in writing the Re gistrar and any interested pa rties of
any reservations he may have reg arding anything relating to the
foundation or the actions of the previous administrators and he
  560     [CAP. 16.           CIVIL CODE
shall not be liable for any matt ers so reserved until such time  as the
reservations are operative.
(5) When administrators, both those originally named or those
succeeding, have made any acts of  administration, they are boun d
to submit an account of their administration on relinquishing t he
administration in addi tion to such accounts as are required to be
submitted in accordance with app licable law. Such account shall  be
submitted to the succeeding administrators or in their absence to
the Registrar.
(6) Unless the deed of foundation provides otherwise,
administrators may be remunerated from the income or capital of
the foundation. Such remuneration shall be in such amounts and in
such manner as may be stated in the deed of foundation or in an y
agreement between the founder and the administrator or in
accordance with applicable law . Remuneration may also be
established by the Court on application of the administrator or  any
interested party.
(7) Subject to the provisions of sub-article (8), an administrat or
may resign from office by notice in writing to his co-administr ators
and in case of there being no other administrator, to the found er or
to the beneficiaries or, if impracticable, to at least one bene ficiary,
or if there are none to whom notice can be given, to the
administrator’s duly a ppointed successor and the resignation sh all
take effect on delivery of  the aforesaid notice. 
(8) A resignation -
(a) given in order to facilitate a breach of duty, or
(b) which would result in there being no administrator for
the foundation,
shall have no effect; provided that an administrator may resign
office notwithstanding the provisions of paragraph ( b), if, before
the resignation takes effect, ap plication is made to the Court for the
appointment of a new administrator and a new administrator is s o
appointed.
(9) An administrator shall ce ase to be an administrator
immediately upon -
( a ) t h e  l a p s e  o f  t h e  t e r m  f o r  w h i c h  t h e  a d m i n i s t r a t o r  w a s
appointed;
(b) the removal of the administrator by any person or body
having the power to do so in terms of the public deed of
the foundation or by the Court on grounds stated in the
deed of foundation or in this Schedule; or
(c) steps are taken for the winding up of the administrator
when a legal person;
(d) when the administrator is a legal person, the
retirement, resignati on or removal of all
administrators, including  directors in a company
acting as administrator, from their office in the said
legal person or steps are taken for its winding up; or
CIVIL CODE  [CAP. 16.   
(e) where an administrator is appointed without any
indication of his duration of office and:
(i) is the sole administrator, he shall require that the
statute caters for a subst itute administrator or the
manner in which a new administrator may be
appointed upon his retirement, resignation or
removal. Where the administrator is in default ofthe obligation in this paragraph, a new
administrator may be appointed to substitute
such administrator at any time with the consentof the founder, of any person designated in the
statute or of the Court in the absence of such
persons; and
(ii) there is more than one administrator, it is
implied that the other administrators shall have
the power to remove the administrator at any
time when they consider that he is unable toc a r r y  o u t  h i s  f u n c t i o n s  d u e  t o  h e a l t h  o r  i n
accordance with t he provisions of article 9:
Provided that in case of disagreement on any of
the matters referred to in this paragraph, theadministrator who was appointed without any
indication of his duration in office may apply to
the Court and demand that the Court issues suchorders regarding his substitution, retirement,
resignation or removal, as it considers
appropriate after hearing the relevant persons.
(10) An administrator ceasing to  be an administrator shall, in
addition to the duty to account under sub-article (5), be bound  to
immediately deliver all property of the foundation which may be  in
his possession to the remaining or successor administrators and  to
take all such formal or other actions as may be necessary in th e
interest of the foundation.
Rights of the 
founder.
Amended by:
XXXVI.2018. 79.36. (1) The founder, and such other persons who may be
designated in the deed of founda tion, may exercise supervision
over the administration of a foundation, obtain a copy of the
accounts held by the administrators, a copy of the inventory ordescriptive notes of property, and may intervene in the matter of
appointment of administrators or in the disposal of the assets,  when
these issues are being dealt with by the Court. The founder may  also
be vested with powers to appoint, add or remove any administrat ors,
protectors or beneficiaries and powers to appoint an investment
adviser or investment manager and where a power mentioned in th is
sub-article has been reserved or exercised by the founder, an
administrator who acts in accordance with any directions issued
pursuant to the founder’s power as aforesaid shall not be consi dered to
be acting in breach of  his fiduciary duties.
(2) A founder may be an administrator or a protector of a
foundation.
(3) The founder may also be the beneficiary of a beneficiary
foundation during his lifetime:
  562     [CAP. 16.           CIVIL CODE
P r o v i d e d  t h a t  w h e n  t h e  f o u n d e r  i s  a  b e n e f i c i a r y ,  s u c h
founder may not at the same time act as the sole administrator of
such a foundation.
(4) It shall be lawful for a founder to give non-binding written
guidance to the administrators on how to exercise the powers ordiscretions vested in them in the  deed of foundation or the ben eficiary
statement and to substitute, modify or withdraw such guidance f rom
time to time as the founder sees fit. A beneficiary may also bepermitted to give such guidance by means of specific clauses in  the
deed of foundation or the beneficiary statement, and this, with  effect
from the date of dea th of the founder.
Supervisory 
structure or 
protectors.Amended by:
XXXVI.2018.
80.37. (1) The terms of the foundation may provide for the
establishment of a supervisory council consisting of at least o ne
member or for the office of a pro tector or protect ors with simi lar
functions.
(2) The founder may be the sole or one of the members of the
supervisory council or may also be a protector. However, a foun der
may not carry out the functions of a protector for as long as h e holds
the office of an administrator.
(3) The members of the supervis ory council or the protectors:
(a) may be designated in the statute of the foundation; or
(b) where no such designation is made, may be
subsequently appointed by the administrators and inthe manner prescribed in the statute; and
(c) may be removed and replaced by the administrators
and in the manner pres cribed in the statute.
(4) The supervisory council or protectors shall not be
considered to be administrators.
(5) Subject to the terms of the foundation, the supervisory
council or protectors shall have the power to exercise supervis ion
over the acts of the administrators and may be vested with thepower of appointment, removal, substitution or addition of
administrators and such other pow ers as may be stated in the st atute
including the power to give guidance to the administrators in t he
exercise of their powers , discretions or duties.
(6) The exercise of any power, action or discretion on the part of
the administrators may be subject to the express consent of the
supervisory council or the protectors.
(7) Unless the statute of a foundation expressly states
otherwise and until such time as the supervisory council or
protectors are appointed, in the event that a deed of foundatio n
contemplates a supervisory council or protectors whose consent or
direction is needed for the admin istrators to carry out any act , the
administrators shall be presumed to have the power to carry out  any
act without such consent or direction:
CIVIL CODE  [CAP. 16.   
Provided that, the decision to act without consent is taken
unanimously by the administrators.
(8) The presumption in sub-article (7) shall not apply if the st atute
requires the administrators or any of them to appoint the membe rs of
the supervisory council  or the protectors.
Rights of the 
beneficiaries.
Amended by:XXXVI.2018.
81.38. (1) An administrator shall, so far as is reasonable and
within a reasonable time of receiving a request in writing to t hat
effect, provide full and accurate information as to the state a nd
amount of the foundation property, including the accounts of th e
foundation, and subject to sub-article (2), the conduct of the
administration to -
(a) the founder;
(b) the Court;
(c) the supervisory coun cil or protectors;
(d) any other person who is vested with such right in the
deed of foundation;
(e) subject to the terms of the foundation, any beneficiary
of the foundation who is of full age and capacity, or if
a minor, to his lawful gua rdian or representative;
(f) subject to the terms of the foundation, any other public
benefit organisation or charitable trust referred to by
name for the benefit of which the foundation was
established; and
(g) in case of a foundation established for a purpose, the
Attorney General or the relevant authority under
applicable law.
(2) Subject to the terms of the foundation and to any order of
the Court given for special reasons, an administrator or any ot her
person shall not be required to disclose to any person any docu ment
or information relating to a  private foundation which -
(a) discloses the administrator ’s deliberations as to the
manner in which a power or  discretion was exercised,
or a duty conferred or imposed by law or by the terms
of the foundation was performed;
(b) discloses the reason for any particular exercise of such
power or discretion or performance of duty or the
material upon which such reason will be or might have
been based;
(c) relates to the exercise or proposed exercise of such
power or discretion or the performance or proposed
performance of such duty.
(3) Unless the terms of the foundation expressly determine the
time when and the method how beneficiaries are to be informed o f
their entitlement under the foundation, the administrator shall  be
obliged to inform any beneficiary of his entitlement, in writin g,
within a reasonable time of his accepting to act.
(4) When the terms of the foundation grant a discretion in
  564     [CAP. 16.           CIVIL CODE
terms of article 33(9) of this Schedule, the terms of the found ation
may suspend, until such time as a discretion is exercised in th eir
favour, the duty of the administrator to inform such beneficiar ies
that they may benefit under the foundation or that they form pa rt of
a class of beneficiaries which may so benefit. The terms of the
foundation may also indicate the time when and the method of ho w
such beneficiaries a re to be informed.
(5) If the deed of foundation expressly provides for the
notification of information to beneficiaries or to those person s that
form part of a class from among which beneficiaries may be
appointed, without reference to any point in time, ascertained or
ascertainable, such term shall be construed as implying a duty of
the administrator to inform such beneficiaries within a reasona ble
time after the death of the founder.
(6) Should the administrator consider providing information as
required by the preceding sub-articles to be prejudicial to thebeneficiaries of the foundation or any of them, the administrat or
may apply to the Court and the Co urt may release the administra tor
from the obligation to inform under such conditions as it mayconsider appropriate.
(7) The duty to inform as above provided shall not arise if the
administrator is in possession of information which reasonably
demonstrates that those entitled to such information have alrea dy
been informed or are already aware of such information.
(8) In the case of a purpose foundation, the duty to inform
either unnamed beneficiaries for ming part of a class or persons
forming part of a class of persons who may be appointed as
beneficiaries in terms of a powe r of the administrator, shall n ot
arise notwithstanding the terms of the foundation unless, in ca se of
the unnamed beneficiaries the admi nistrator establishes that th ere
exist less than ten beneficiari es appertaining to such class of
beneficiaries. Furthermore, in the absence of any indication to  the
contrary, the unnamed beneficiaries or persons who may be added
as beneficiaries in terms of a power shall be assumed to be per sons
who carry on relevant social or other activities principally in  Malta.
(9) The administrator shall carry out the duty to inform to the
best of his abilities and at the expense of the foundation and in the
event it appears to the administrator that such exercise will b e too
costly or burdensome, the administrator may apply to the Court for
directions and the Court shall be empowered to release the
administrator from such duty under such conditions as it consid ers
appropriate.
(10) The suspension of the duty of an administrator to inform
beneficiaries as provided in thi s article shall not reduce the rights
of beneficiaries or the duties and liability of the administrat or
towards such beneficiaries in terms of this Schedule or other
applicable law.
(11) Persons who may be added as beneficiaries in terms of a
power referred to in article 33(12) of this Schedule shall have  no
right of information until such time as they are appointed
beneficiaries by the administr ator pursuant to such power.
CIVIL CODE  [CAP. 16.   
Multi-founder 
foundations.39. (1) When there is more than one founder, initial or
subsequent, rights shall be exer cised in accordance with the st atute.
When the statute is silent, in case of two founders, decisions will be
taken unanimously and when there are more than two founders, inaccordance with the deci sion of the majority.
(2) In multi-founder foundations t he rules on general meetings
according to the provisions of art icle 52 of this Schedule shal l
mutatis mutandis apply .
Termination of a 
foundation.
Substituted by:XXXVI.2018.
82.40. (1) Subject to the provisions of sub-article (2), unless
expressly provided otherwise in the statute or in this Title, a
foundation shall not be subject to termination prior to the ter m for
which it is established.
(2) Unless the founder has expressly excluded such a right, a
beneficiary foundation may be terminated on the demand of all t he
beneficiaries of the foundation pr ovided they are all in existe nce,
have been ascertained and no one of them is an interdicted or aminor. If the founder is still alive his consent shall be requi red for
termination by the beneficia ries. The founder may subject
termination to the consent of a person or the supervisory counc il or
the protectors, other t han the administrators, stated in the st atute.
(3) Notwithstanding anything stated in the statute or in sub-
article (2), after the death of the founder, the Court shall ha ve the
power to dissolve and wind up any beneficiary foundation when
requested to do so by all the beneficiaries of the foundation i f it is
satisfied that the continuanc e of the foundation is no longer
necessary to achieve the intentions of the founder or is otherw ise
unreasonable.
(4) The statute of a foundation may provide that it may be
terminated at any time but termination shall not affect or inva lidate
acts already lawfully carried out or interrupt lawful acts in
progress. Nor shall termination affect lawful commitments made
and not yet fulfilled. Termination shall be suspended until suc h
time as the administrators certify to the Registrar that all la wful
commitments have been fulfilled.
(5) The express reservation by the founder of the right to
terminate a foundation shall not be exercisable by the heirs or
spouse of such founder unless expr essly provided otherwise in t he
deed of foundation. Without prejudice to any other remedies
available at law, creditors of th e founder may not exercise the  right
to terminate a foundation.
(6) When a foundation is terminated, the procedures in article
59 shall apply.
(7) Except in cases contemplated in article 47(2), where a
foundation is converted into a trust, termination of registrati on
shall imply termination of the foundation but not of the fiduci ary
obligations therein contained a nd upon notice of the conversion ,
  566     [CAP. 16.           CIVIL CODE
the Registrar shall proceed t o strike off the foundation.
(8) The administrators shall have a duty to maintain in good
standing the registration of a foundation until it is terminate d as
provided for in this article.
(9) Public benefit foundations may only be constituted in an
irrevocable manner and, without prejudice to the power to termi nate
such a foundation in accordance w ith article 32 for the reasons  and
subject to the conditions therein stated, any clause in the sta tute
reserving the right for the founder or any other person or body  to
revoke such foundation shall not apply.
Jurisdiction of the 
Court .
Substituted by:
XXXVI.2018. 83.41. The Court shall have jurisdiction in relation to all non-
contentious matters which are internal to the foundation, its
administrators and beneficiaries:
Provided that if a non-contentious matter being examined by
the Court becomes contentious, the Court shall declare the proc eedings
before it to be contentious and shall continue to deal with the  matter as
a contentious issue, providing the parties the opportunity to p romote
the claim and respond to it according to law.
Variation of the 
terms of the deed 
of foundation by the Court and 
approval of 
particular transactions.
Amended by:
XXXVI.2018.
84;
XXV .2019 .28.42. (1) Subject to the provisions of sub-article (3) the Court
may, if it thinks fit, by order approve on behalf of -
(a) any person incapacitated at law having directly or
indirectly, an interest, whe ther vested or contingent,
under the foundation; or
(b) any person, whether ascertained or not, who may
become entitled, directly or indirectly, to an interest
under the foundation as being at a future date or on the
happening of a future event a person of any specifieddescription or a member of any specified class of
persons; or
(c) any person unborn; or
(d) any person in respect of any interest of his that may
arise to him by reason of any discretionary powergiven to any one on the failu re or determination of any
existing interest that has not failed or determined;
any arrangement, by whomsoever  proposed and whether or not
there is any other person beneficially interested who is capabl e of
assenting thereto, varying or revoking all or any of the terms of the
foundation or enlarging the powers of the administrators of
managing or administering any o f the foundation’s property.
(2) The Court shall not approve an arrangement on behalf of
any person coming within sub-article (1)( a), (b) or ( c), unless it is
satisfied that the carrying out o f such arrangement appears to be for
the benefit of that person.
(3) Where in the management or administration of a
foundation, any sale, lease, ple dge, charge, surrender, release  or
other disposition, or any purchase, investment, acquisition,
expenditure or other transaction is in the opinion of the Courtexpedient but the same cannot be  effected by reason of the abse nce
CIVIL CODE  [CAP. 16.   
of any power for that purpose vested in the administrator by th e
terms of the foundation or by law, the Court may confer on the
administrator, either generally or in any particular circumstan ce, a
power for that purpose on such terms and subject to such provis ions
and conditions, if any, as it thinks fit, and may direct in wha t
manner and from what property any money authorised to beexpended, and the co sts of any transactio n, are to be borne.
(4) In sub-articles (1) and (2) of this article all references t o
"foundation" shall be references to a beneficiary foundation.
(5) An application to the Court made under the previous sub-
articles may be made by the admi nistrator, by any beneficiary o r by
any interested party, as the case may be.
(6) In the event that the statute of a purpose foundation does
not contain any provisions relating to amendments to such statu te,
if the Court is satisfied that ci rcumstances exist justifying a  request
made for such amendments to be made to the statute, the Court m ay
order -
(a) any variation or addition to the statute;
(b) any variation to the purposes for which property may
be applied;
(c) any variation of any provision of the statute as may be
required for the effective achievement of the purposes
of the foundation or its administration; and
(d) any variation to achieve the re-organisation of the
structure of the foundation including its division into
two or more foundations or legal organisations of asimilar nature, or its conver sion into a trust or trusts,
and to the extent that the provisions of article 32(8) apply, t he
Court shall have the powers referred to in this article with re ference
to any identifiable beneficiaries to whom the provisions of sub -
article (1) apply.
(7) The Court shall not approve a request under the previous
sub-article unless it is of the opinion that such amendment is,  as far
as reasonably practicable, consistent with the principal purpos e and
objectives of the foundation.
(8) Any variation approved by the Court shall be implemented
by an amendment to the statute and the administrators shall abi de
by the formalities as may be pre scribed in the statute and in
applicable law.
(9) Any application to the Court made under sub-article (6) may
be made by the administrator, any person vested with such power  in
the statute or by the State Advocate, as the case may be.
Other powers of 
the Court.
Amended by:XXXVI.2018.
85;
XXV .2019 .28.43. (1) An administrator may apply to the Court for directives
concerning the manner in which he may or should act in connecti on
with any matter concerning the foundation and the Court may mak e
  568     [CAP. 16.           CIVIL CODE
such order, if any, as it thinks fit.
(2) The Court may also, if it thinks fit -
(a) make an order concerning:
(i) the execution or the administration of any
foundation; or
(ii) the administrator of any foundation, including
an order relating to the exercise of any power,
discretion or duty of the administrator, the
appointment or removal of an administrator, theremuneration of an administrator, the submission
of accounts, the conduct of the administrator and
any payments into the Court; or
(iii) any beneficiary or any person having any
connection with the foundation;
(b) make any declaration as to the validity or enforcement
of a foundation;
(c) rescind or vary any order or declaration made under
this Title, or make any new or further order ordeclaration.
(3) An application to the Court for an order or declaration
under sub-article (2) may be made by the administrator or by an y
beneficiary or by the State Advocate or by any other person hav ing
a lawful interest:
Provided that in cases where the duty to inform a
beneficiary of his interest in a foundation has been suspended in
terms of article 38 and until such suspension is in force, and in the
absence of any other person appointed to supervise the
administration of a foundation, the founder of a foundation mayalso make an application to the Court in terms of this sub-arti cle.
Whilst dealing with such application the Court may determine
whether the suspension of rights to information as aforesaid be
maintained in force in full or in part for all or some of the
beneficiaries.
(4) Where the Court makes an order for the appointment of an
administrator or administrators it may impose such conditions a s it
thinks fit.
(5) Subject to any order of the Court, an administrator
appointed by the Court under this article shall have the same
powers, discretion and duties as i f he had originally been appo inted
an administrator by th e deed of foundation.
(6) Where any Court makes an order on the demand of a
beneficiary who has been prejudiced as a result of bad faith on  the
part of the administrator in the  operation of a foundation, the  Court
shall have the power to restore the position to what it would h ave
been had the action complained of not been taken or otherwise t o
protect his interests.
(7) When a person domiciled in Malta is obliged to pay
maintenance in terms of this Code and is a beneficiary under a
beneficiary foundation, the Court shall have such powers as are
CIVIL CODE  [CAP. 16.   
necessary to review the exercise of discretion by the administr ator
to give due consideration to the rights of persons entitled to claim
maintenance.
Appeals, 
enforcement and 
hearings.Amended by:
XXXVI.2018.
86.44. (1) There shall be no appeal from any decree, order,
declaration or direction of the Court given under the provision s of
this Schedule except where the matter has been declared to becontentious and the Court has, a fter the relevant proceedings h ave
been completed, rendered a judgement on any matter.
(2) Such decrees, orders, declarations, directions or judgements
shall remain in force until they are substituted or varied by t he
Court in either its voluntar y or contentious jurisdiction.
(3) During the hearing of an application before the Court the
administrator or applicant shall at the earliest opportunity di sclose
to the Court all material facts known to him which may be relev ant
to the application including the existence of any res judicata or
pending judicial action given or  commenced in Ma lta or before a
foreign court.
(4) All applications to the Court shall be notified to the
administrator and the applicant shall furthermore notify all pe rsons
who he considers having an interest in the subject matter of th e
application. The Court shall have the power to order notificati on to
all other persons who it considers may have an interest as it d eems
fit. 
(5) The Court shall hear the administrator and any interested
parties as it considers appropriate.
(6) Without prejudice to any other power given to the Court by
virtue of the foregoing provisions of this article or of any ot her law,
where an administrator neglects or refuses to perform any duty or
to comply with any order of the Court, the Court may, on such
terms and conditions it may deem appropriate, order that therequired action be executed, mad e or done by such person as the
Court may appoint for the purpose,  at the cost of the administr ator
in default, or otherwise as the Court may direct; and anything so
executed, made or done shall operate and have effect for all
purposes as if it had been ex ecuted, made or done by the
administrator.
Confidentiality.
Amended by:
XXXVI.2018. 87.45. (1) All proceedings under these articles in relation to a
beneficiary foundation shall be held in camera and only the parties
to the proceedings, the administrators, the beneficiaries, if t hey
prove they have an interest in  the proceedings to the satisfact ion of
the Court, and their respective advocates and legal procurators  shall
be allowed in Court during the hearings.
(2) Any decree or judgement of the Court shall preserve the
confidentiality of the proceedings  and shall only reveal such f acts
as may be necessary to make the same intelligible and enforceab le
by the parties and the administrators.
(3) All applications, responses, affidavits, opinions, statement s
and other documents or evidence shall be kept by the Registrar of
the Court in a confidential manner and no access shall be given
  570     [CAP. 16.           CIVIL CODE
thereto except with the wr itten consent of the Court.
(4) When information, or a document or information therein, is
considered to be confidential by a party to any proceedings in
relation to other parti es to the proceedings  it shall be lawful  for the
Court to hear only such party prior to ordering the disclosure or
otherwise of such information and if the Court is satisfied tha t the
other party or parties to the proceedings have no interest in t he
information considered to be confidential or that it has no bea ring
on the matter being addressed by the proceedings, the Court sha ll
order that such information shall not be disclosed in the
proceedings.
(5) The provisions of this article shall apply only to beneficia ry
foundations.
Rules of Court.
Cap. 12.46. The Board established under article 29 of the Code of
Organization and Civil Procedure  may make Rules of Court
concerning applications  made under or in te rms of this Sub-Titl e.
Conversion of 
foundations into trusts and vice 
versa.
Amended by:XXXVI.2018.
88.47. (1) It shall be lawful to convert a foundation into a trust
and a trust into a foundation:
(a) with the consent in writing of:
(i) all trustees or administrators, as the case may be;
and
(ii) all beneficiaries with fixed interests under the
trusts or having similar rights under the
foundation; and
(iii) any other person appointed in the trust
instrument or deed of foundation, as the casemay be, whose consent may be required for the
taking of material decisions in relation to the
relevant assets; and
(b) by executing a deed of foundation or instrument of
trust in the appropriate form and with content so as to
faithfully reflect the intentions of the settlor of the
trusts or the founder of the foundation and the rights ofbeneficiaries as the case may be.
(2) When a foundation is converted into a trust, the trustees of
the trust shall be bound to cancel the registration of the foun dation
within thirty days of the receipt  of all consents required in t he
preceding sub-article and this by the filing with the Registrar  of a
notice as may be prescribed.
(3) When a trust is converted into a foundation, the
administrators of the foundation shall be bound to execute a pu blic
deed and register the foundation within thirty days of the rece ipt of
all consents required by this article and this by the filing wi th the
Registrar of the documents required by this Schedule.
(4) The provisions of this article shall apply mutatis mutandis
to:
CIVIL CODE  [CAP. 16.   
(a) the conversion of a cell of a foundation into a trust,
whether relating only to the assets of such cell or by
incorporating the cell assets as a segregated patrimonyunder an existing trust; and
(b) the conversion of a trust, o r a segregated part thereof,
into a cell of a multi-cell foundation.
Sub-Title III
Of Associations
Associations 
established as 
private benefit organisations.
Amended by:
XXXVI.2018.
8948. (1) When established for the promotion of a private benefit,
an association of persons shall be  regulated by special laws me ntioned
in this sub-article as the case may be, based on the purposes a nd legal
form chosen by its promoters, whether it is registered or not w ith the
Registrar: -
(a) the provisions of Title X of Part II of Book Second of
this Code relating to civil partnerships;
(b) the special laws relating to commercial partnerships;
(c) the special laws relating to particular professions;
(d) the special laws relating to unions and employer
associations;
(e) the special laws rela ting to co-operatives;
(f) the provisions of speci al law, where promoting
ancillary or incidental private benefit, other than those
listed above;
(g) where there is no other special law which is
applicable, the provisions of this Sub-Title III "Of
Associations" other than those governing public
benefit organisations; or
(h) where for any reason the provisions of a special law
cease to apply to an association which continues to exist,
the provisions of this Schedule shall apply.
(2) The special laws referred t o in sub-article (1) shall be
supplemented by the provisions of this Schedule, with the
exception of provisions which apply solely to public benefitorganisations in the form of associations:
Provided that, where the provisions of this Schedule are not
consistent with the special laws, the special laws shall prevai l.
(3) Where an association is governed in accordance with the
provisions of sub-article (1)(g) and irrespective of whether th e
association is registered or not:
(a) the provisions of the statute shall, in case of
inconsistency, prevail over the provisions of this Sub-
Title III "Of Associations" and the applicableprovisions of this Sch edule except where such
provisions are mandatory;
(b) subject to the benefit of discussion of the assets of an
association, which must first be discussed, any
  572     [CAP. 16.           CIVIL CODE
member shall be liable to third parties with whom the
association has contracted in proportion to his share in
the profits and losses or in proportion to his benefit orother interests in such association, whichever is the
higher, unless:
(i) his liability has been v aried in a contract entered
into with the third party, which contract shall notb i n d  o t h e r  m e m b e r s  o f  t h e association without
their consent; or
(ii) such liability has been excluded or limited by
any provision of law;
(c) when the share of the profits or losses, or the benefit or
other interests, is not determined on the basis of a
designated proportion, the liability of a member shall
be based on the proportion which his monetarycontribution bears to the total contributions of the
members.
The matters referred to in pa ragraphs (b) and (c) shall be
determined on the basis of express provisions in the statute an d
absent any such provisions, the liability to third parties shal l be
equally borne by the members and any private agreement among
members shall not affect the rights of third parties.
(4) If any member, for any reason , directly or indirectly, pays or is
subject to a liability greater than his proportional share as s tated in
sub-article (3)(b) or (c), such member shall have a right of re lief
against the other members proportional to their share, subject to any
agreement among the members or the  provisions of the statute on  such
matters.
(5) The Minister may make regula tions in relation to association s
governed by the provisions of this Schedule for their better go vernance
and shall have the power:
(a) to extend the application of specific provisions of
special laws regulating other types of associations to
such associations; and
(b) to introduce rules which apply when such associations
are registered with the Registrar, which rules may
establish different principl es to those stated in sub-
article (3) for such regi stered associations; and
(c) to introduce any special r ules, including limited
liability for the members for particular cases and
establish the conditions under which such limited
liability may be enjoyed.
Associations 
established as public benefit 
organisations.
Amended by:XXXVI.2018.
90;
XXV .2019 .28.48A.  (1) When an association is established as a public benefit
organisation, it shall be govern ed by the provisions of this Su b-
Title III "Of Associations" and the applicable provisions of th is
Schedule, with the exception of provisions of article 48.
(2) The provisions of the statute of such association shall, in
case of inconsistency, prevail over the provisions of this Sub- Title
III "Of Associations" and the applicable provisions of this Sch edule
except where they are mandatory.
CIVIL CODE  [CAP. 16.   
(3) The rules on liability of the members of such an association
towards third parties shall be governed by:
(a) article 16 if the association is registered with the
Registrar; and
(b) article 17 if the association is not so registered.
Cap. 492.(4) Where applicable the associations referred to in sub-article
(1) shall also be regulated by the provisions of the Vo l u n t a ry
Organisations Act .
(5) In the event that the statute of an association established as
a public benefit organisation does not contain any provisionsrelating to amendments to such statute, if the Court is satisfi ed that
circumstances exist justifying a  request made for such amendmen ts
to be made to the statut e, the Court may order:
(a) any variation or addition to the statute;
(b) any variation to the purposes for which property may
be applied;
(c) any variation of any provision of the statute as may be
required for the effective achievement of the purposes
of the foundation or its administration; and
(d) any variation to achieve the re-organisation of the
structure of the foundation including its division into
two or more associations or legal organisations of a
similar nature.
(6) The Court shall not approve a request under the sub-article
(5) unless it is of the opinion that such amendment is, as far as
reasonably practicable, consiste nt with the spirit of the promo ter’s
intention.
(7) Any variation approved by the Court shall be implemented
by an amendment to the statute and the administrators shall abi de
by the formalities as m ay be prescribed in the statute, if any,  and in
applicable law.
( 8 ) A n y  a p p l i c a t i o n  t o  t h e  C o u r t  m a d e  u n d e r  s u b - a r t i c l e  ( 5 )
above may be made by the administrator, any person vested with
such power in the statute or by the State Advocate, as the case  may
be.
(9) The provisions of article 32(8) shall also apply to
associations mutatis mutandis .
Form and contents 
of the statute.
Amended by:XXXVI.2018.
91.49. (1) An agreement establishing an association shall be in
writing, on pain of nullity.
(2) The statute shall state the following for the association to
be eligible for registration:
(a) the name;
(b) the registered address, in Malta;
(c) (i)  the purposes or objec ts of the association; and
(ii)  the category of the association when the association
  574     [CAP. 16.           CIVIL CODE
is a public benefit associatio n as defined in article 1(4);
(d) the method or process by which membership of the
association is grant ed to applicants;
(e) the mode of procedure during general meetings;
(f) the composition of the board of administration and the
name, surname, identification, passport or registrationnumber as applicable, nationality and ordinary residence
of the administrators;
(g) the manner in which administrators are appointed or
elected to and removed from office;
(h) where there exist more than one board or committee in
virtue of the statute, the statute shall specify which board
or committee shall be the board of administration;
(i) in case of an association, the administrators of which
are non-residents of Malta, the name and address of aperson ordinarily resident in Malta who has been
appointed to act as the lo cal representative of the
association in Malta;
(j) the term for which it is established, if any;
(k) when the category of the association is public benefit,
this shall be stated expressly in the constitutive
instrument and statute of the organisation.
(3) If no term is specified in th e statute of the association, s uch
association shall be considered to be indefinite in duration.
(4) (a) The statute shall be signed by the associating persons
and any person subscribing to the statute after an association is
established shall be deemed to have consented to all the provis ions
of the statute and all rules  which may hav e been validly
promulgated by the association until such date. In the event th at
more than three persons wish to establish an association, a
statement may be made of this fact in the statute and the signa ture
of three persons on behalf of all associating members stated in  a
schedule to the statute shall be  sufficient to indicate the con sent of
all stated persons.
(b) Where an association is being established as a public
benefit association involving more than three persons
as promoters, the signature of three persons shall besufficient to indicate the consent of all other
associating members at the  time of establishment.
(c) A d oc u me nt  c o n t a in i ng  a  l i s t o f  a l l ot h e r  a s s o c i a t in g
members shall be sufficien t evidence of their consent
and notwithstanding the provisions of any other law, in
respect of the persons listed in the document
containing the list of all  associating members, their
name, surname and identity  card, passport number or
registration number, as app licable, shall suffice. A
declaration by the thr ee persons that they are
authorised to act on behalf of all other associating
members shall be recorded  under their signature
CIVIL CODE  [CAP. 16.   
(d) When such association is constituted by public deed,
the Notary Public shall not be bound to ascertain that
the three persons have been authorised by theassociating members to appear on the deed but shall
rely on the document submitted to him by the three
persons containing a list of all associating members asevidence of their consen t. Notwithstanding the
provisions of any other law, in respect of the persons
listed in the document containing the list of allassociating members, their name, surname and identity
card, passport number or r egistration number, as
applicable, shall suffice.
(e) The Notary Public who recei ves any deed to which this
sub-article refers shall reco rd in the deed a declaration
by the three persons that they are authorised by the
associating members to sta te their names, surnames
and identity card, passpor t number or registration
number, as applicable, in the document above referred
to and the said Notary Public shall warn the said threepersons of the importance of the truthfulness of such
declaration.
(f) The document shall be att ached to the statute by the
declarants or, if established by public deed, to thepublic deed establishin g the association.
(g) Any person named as an associating member in a
document as referred to above who claims that he did
not authorise the three persons to include his name andsurname and identity card, passport number or
registration number, as applicable, in the document
shall, within sixty (60) days of his becoming aware ofhis inclusion in the document, be entitled to register a
declaration to that effect  in the Register of the
association and in the lack  of any written evidence to
the contrary which may be produced in case of dispute
on such matter he shall not be considered ever to havebeen an associating member.
(5) The written consent of the administrators named in the
statute to act as administrators  of the association must be del ivered
to the Registrar prior to registration of any association.
Purposes.
Amended by:
XXXVI.2018. 92.50. (1) The statute of an associ ation must clearly specify a
purpose.
(2) The assets of an association may originate from any lawful
business or activity and may cons ist of present or future asset s of
any nature.
(3) Failure to specify a purpose shall result in the nullity of the
agreement and the Registrar shall not accept to register such a n
association until such time as the purpose is clear and
unambiguous.
(4) The members of an association may add to the purpose for
the achievement of which the asso ciation was originally created , by
  576     [CAP. 16.           CIVIL CODE
extending it to cover such other purposes of a similar nature a s are
clearly set down in a second wr itten instrument consented to by
such number of members as is n ecessary to amend the statute.
(5) A public benefit association may not have its purpose
changed or extended to other pur poses which are not also public
benefit purposes and a non-profit-making association cannot cha nge
its statute to an organisation  promoting a private interest.
(6) A restriction on the number of members which is
proportionate to the physical and other resources of an associa tion
from time to time or the existen ce of a membershi p committee wi th
the power to accept or refuse new members in an association, sh all
not, on its own, imply that such association is one for private
benefit.
Registration of 
associations.
Amended by:
XXXVI.2018. 93.51. (1) Subject to the provisions of article 12(3), all associations
shall be eligible to register under the provisions of this Titl e.
(2) For the purpose of registration of an association an
authentic copy of the constitutive instrument is to be delivere d to
and filed with the Registrar by the administrators.
(3) Where the association is created by a public deed an
authentic copy thereof may be delivered by the administrators
provided for in the said deed (when they have accepted to act a s
such) or the Notary publishing the said deed and the delivery b y
any one of them shall suffice.
(4) The document referred to in article 49(4) relating to the ot her
associating members, when such is the case, at the time of
establishment shall also be deliv ered to the Registrar for regi stration.
(5) The name, surname and identity card or passport or
registration number, as applicable, of every person who joins a n
association as a member after this has been established and, orregistered, shall be e ntered in a register of members which sha ll be
regularly updated. A record of the persons who leave the
association shall also be maintained in the said register ofmembers.
(6) Such register of members shall not be registered with the
Registrar but this shall be without prejudice to the right of a ny
person, subject to Court authorisation, and to the right of the
Commissioner for V oluntary Organisations in the case of avoluntary organisation, and to the right of the Malta Financial
Services Authority in the case o f entities which are regulated or
which appear to be carrying out  regulated activities for which it is
the competent author ity under applicable law, to require
information about members subject to the provisions of applicab le
law.
(7) Notwithstanding the precedi ng sub-article, in the case of a
public benefit organisation in  the form of an association:
(a) if it is registered with the Registrar, the register of
CIVIL CODE  [CAP. 16.   
members may be registered by the Registrar at any
time upon the written request of the administrators and
shall be available to th e public in all cases;
(b) the register of members shall always be accessible to
any member.
(8) On receipt of the documents mentioned in sub-articles (2) or
(3) together with the prescribed  forms and any required attachm ents,
the Registrar shall register t he association on being satisfied  that all
the provisions of this Sub-T itle have been complied with.
General meetings. 52. (1) A general meeting for all members shall be convened
at least once every year. At this meeting the annual report and  the
accounts of the association as approved by the administrators, as
well as the report of the auditors or reviewers, shall be prese nted
and discussed.
(2) Other meetings may be convened by the administrators
whenever they consider it necessa ry or when they have a request  in
writing signed by at least ten per cent of the members. If the
administrators fail to convene a meeting when so requisitioned,  the
Court can order the meeting to b e held and shall state the time  and
place of the meeting which shall be binding on th e administrato rs.
(3) In the absence of specific provisions in the statute, at
meetings of the members, decisions shall be taken by the majori ty
of those present at the meeting except that:
(a) when decisions are taken on the amendment of the
statute such decisions must be supported by at least
fifty-one per cent of all th e registered members on the
basis of one vote per member;
(b) when decisions are taken to terminate the association
or to donate to another organisation all of its assets,
such decision must be supported by at least seventy-five per cent of all  the members; and
(c) when decisions are taken on the approval of accounts
or matters involving the role or responsibilities of the
administrators, the administrators shall not be entitledto vote.
(4) Members may appoint proxies to attend a general meeting
on their behalf and such proxy s hall have the right to vote in
addition to his own if he is a member.
(5) When any members use their right to request a meeting in
terms of this article, it shall not be lawful for the administr ators or
the association to dismiss, re tire or otherwise limit or reduce  the
rights of those members until after the holding of the requeste d
meeting.
Administrators.
Amended by:
XXXVI.2018. 94.53. (1) Unless otherwise stated or implied by the statute it
shall be presumed that the administrators must be members of th e
organisation except in the case where the administrators areengaged under a contract of employment.
(2) The provisions of article 35 shall mutatis mutandis  apply to
  578     [CAP. 16.           CIVIL CODE
administrators of associations  except as herein provided.
(3) An association established for the promotion of a private
benefit may be administered by only one administrator and such
administrator may also be a reg istered legal organisation on
condition that such legal organisation has at least one adminis trator
in office.
(4) In the case of a private benefit association, the
administrators of the association may be appointed in any manne r
whether by notice in writing fro m any member or class thereof, by
elections among the members, by designation to an office by theadministrators or otherwise as th e statute may establish and fo r any
term or function, subject to the provisions of sub-article (5) for
indefinite appointments.
(5) In the case of a public benefit association the same rules
shall apply but notwithstanding the provisions of the statute:
(a) the majority of the administrators shall be appointed
by means of elections amo ng the members in general
meeting except where every member or every class of
members is each giv en the right to appoint and remove
an administrator or where the provisions of sub-article(6) apply; and
(b) it shall be required that a majority of the
administrators shall be subject to confirmation by the
general meeting of the members at least once everyfive (5) years:
Provided that when the provisions of sub-article (6) apply,
such administrators as are appointed indefinitely shall not be
subject to such confirmation.
(6) When an administrator is appointed indefinitely, such
appointment shall imply a power of the general meeting to remov e
such administrator at any time when it considers that he is una ble to
carry out his functions due t o health or under article 9:
Provided that in case of disagreement on any of the matters
referred to in this sub-article, the administrator who is appoi nted
indefinitely may request the Court to issue such orders as it c onsiders
appropriate after hearing the relevant persons.
Members.
Amended by:XXXVI.2018.
95.54. (1) Members of associations are those persons who: 
(a) subscribe to the purpos es of the association;
(b) meet the personal status or qualifications for
membership as set out in the statute;
(c) provide the necessary membership details;
(d) pay such membership fee as may be applicable or
otherwise fulfil such conditions on participation asmay be required by the statute or rules of the
CIVIL CODE  [CAP. 16.   
organisation; and
(e) are otherwise admitted by the membership committee
or a committee authorised by the general meeting of
members to admit new members, if any.
(2) Every person who is a membe r of an association shall be
free to leave the association an d such member cannot be subject ed
to any liability, other than for unpaid fees, on leaving an
association:
Provided that in an unregistered association, when a
member leaves the association, this does not affect his liabili ty
under the applicable law for the period while he was a member b ut
he shall not be liable in relation to any activities of the ass ociation
after such time.
(3) If the number of paid up members of an association falls
below three, and in case of an association which may be establi shed
between two person in accordance with article 27, falls below t wo, the
administrators are bound to pro ceed with a written call for pay ment
of dues to the members informing them that non-payment will lea d
to termination under this provision and on the lapse of the sai d
period, with the winding up of th e association under this Sched ule.
(4) Any expulsion procedure in a statute, except for failure to
pay membership fees or to comply with other purely formal
conditions of membership, should cater for:
(a) the non-participation of persons with an interest in a
dispute, in the d ecision to expel;
(b) the right of the member whose expulsion is sought to
make submissions to the persons who are empoweredto decide.
(5) If the statute of an association does not provide for the
procedures mentioned in sub-article (4), the administrators sha ll be
bound to implement a procedure which respects the rules stated in
the previous sub-article:
Provided that when an organisation’s administrators are
involved in the dispute and cannot find independent members to
adjudge a motion of dismissal, r eference shall be made to the C ourt
on such issue. 
Cap. 492.(6) The membership of a person in a public benefit organisation
established as an association is  not transferable nor shall be subject to
inheritance. Members may not have patrimonial rights to the ass ets of
such an association except as permitted under the Vo l u n t a r y
Organisations Act  and are not entitled to any compensation on
retirement or expulsion or on winding up of the association.
Endowments.
Substituted by:
XXXVI.2018. 96.55. (1) The provisions of article 34 shall apply mutatis
mutandis  to endowments, additional and new, to public benefit
organisations established as associations:
Provided that endowments shal l be subject to the written
acceptance of the administrators or as otherwise required by th e
statute and such endowment, when accepted, shall imply that the
  580     [CAP. 16.           CIVIL CODE
grantor has become a member of the organisation, unless otherwi se
expressly agreed or provided for in the statute in relation to
endowments, with the same rights and obligations and otherwise in
accordance with the statute and th e provisions of this Schedule .
(2) Membership fees are not endowments and shall not be
treated as such nor shall they be refundable except as expressl y
stated in the statute.
(3) When an association has a private benefit, new or
additional endowments shall generally be considered to be
contributions to the capital of the association and the followi ng
rules shall apply:
(a) an endowment shall be subject to the consent of the
administrators or as otherwis e required by the statute;
(b) an endowment when accep ted, shall constitute a
contribution in favour of the  association and in favour
of the grantor who shall thereupon become a member,and if he is already a member  of the association, such
contribution shall be considered to be an additional
endowment to his initial endowment;
(c) unless otherwise agreed or st ated in the statute or if the
subject is not addressed in any agreement or the
statute, it shall be presumed that the contributions
shall be the basis of proportionality of all rights andobligations within the organisation;
(d) the statute may regulate and establish rules, which may
be based on principles other than proportionality, on
the following matters:
(i) the rights of members in relation to their
contributions with regard to voting, sharing in
profits and losses and participation in capital ondissolution;
(ii) participation in management of the organisation
and rights to be appointed or elected as and
appoint or elect a dministrators;
(iii) subject to the rights of third parties being
protected, the manner in which the contributions
of the members may be withdrawn or otherwise
paid back to them.
Termination.
Amended by:
XXXVI.2018. 97.56. (1) An association shall exist until it is terminated in
accordance with the provisions of its statute or in terms of th is Title
unless the members, upon being given thirty days’ written notic e of
termination by the administrators, amend the statute to establi sh
other purposes to which the prope rty of the association may be
dedicated.
(2) The termination of an asso ciation shall not affect or
invalidate lawful acts already car ried out nor interrupt lawful  acts
in progress. Nor shall terminati on affect lawful commitments ma de
and not yet fulfilled. Termination shall be suspended until suc h
CIVIL CODE  [CAP. 16.   
time as the administrators certify to the Registrar that all la wful
commitments have been fulfilled.
(3) In the case of public benefit organisations established as
associations, subject to the provisions of the statute, any ass ets on
termination shall be donated or distributed by the administrato rs on
behalf of the a ssociation to -
(a) first to the founder, if the founder is another public
benefit organisation;
(b) if paragraph (a) does not apply, to another public
benefit organisation with the same or similar purposes
and features, or in default to any other organisationwith a social or public purpose:
Provided that when the purposes are the advancement
of religion or the carrying out of a religious vocation
or there are indications in the original endowment thatthis was intended for a religious organisation, to any
pious foundation or ecclesiastical entity, and in such
case of the appropriate denomination;
(c) to the Government of Malta if the purposes are general
public benefit or utility when the Government has
granted the association a substantial part of its assets,
as the administrators or the members in generalmeeting may determine in accordance with the
provisions of article 52(3)(b).
(4) In the case of associations e stablished for a combination of
purposes, being partly private b enefit and partly social or pub lic
benefit, the assets shall be paid out to the members in such ma nner
that the assets reflecting the private benefit owned by the mem bers
shall be paid to the members and the remaining assets shall be
disposed of in accord ance with the provisi ons of sub-article (3 ), as
may be approved by the members in accordance with article
52(3)(b), and in case of disagreement as may be directed by theCourt.
(5) Termination of registration shall not imply the termination
of the association which shall occur only upon the express
determination to that effect by the members in accordance with the
statute of the association or, in the other cases of terminatio n, as is
provided for in this Schedule.
Title IV
OF WINDING UP OF ORGANISATIONS
Termination of 
registration.57. (1) An organisation may request the termination of its
registration by means of a written request signed by all its
administrators or as otherwise r equired by its statute, and ren dering
a statement of accounts, declari ng the assets and liabilities o f the
organisation and stating how they are to be dealt with on
termination of registration.
(2) The termination of registration shall not imply the winding
up of an organisation. Organisations may continue as unregister ed
  582     [CAP. 16.           CIVIL CODE
organisations subject to the app lication of the relevant rules of this
Schedule.
(3) Any interested party or any competent authority may, in
accordance with the pro visions of this Title, apply to the Cour t for
the termination of registration and, or the cessation of anorganisation.
(4) The termination of registration of an organisation on the
order of the Court, on the basis of grounds which imply that th e
organisation may no longer operate, shall include an order by t he
Court requiring the cessation of such organisation as a legal p erson
and as an organisation. In such a case such organisation may no t
continue to exist as an unregistered organisation.
Winding up. 
Amended by:
XXXVI.2018. 98.58. (1) Without prejudice to any special law regulating the form
or purpose of an organisation, an organisation may be wound up
voluntarily or by order of the Court.
(2) In this Sub-Title, the term "organisation" includes both
those organisations which are reg istered and those which are no t.
Winding up 
voluntarily.
Amended by:XXXVI.2018.
99.59. (1) An organisation is wound up voluntarily by following
the procedures laid down in the statute of the organisation. Un less
otherwise stated, the winding up  of an organisation shall requi re the
support of a majority of all memb ers, in case of an association , or a
majority of all administrators, in case of a foundation:
Provided that the local representative may also wind up the
organisation if he has not received any form of notification fr om any
of the administrators for a period which exceeds twenty-four (2 4)
consecutive months.
(2) A certified copy of a winding up resolution shall be
delivered to the Registrar within fourteen days from when it is
passed.
(3) An organisation may be wound up voluntarily only if its
assets exceed its liabilities or its assets have been exhausted  and all
its debts have been paid. The adm inistrators shall prepare a sc heme
of distribution of the remaining assets of the organisation whi ch
shall be notified to the Registrar and all interested parties. It shall
require approval by members, or in case of foundations, by thefounder or the beneficiaries, a s the case may be, or in their a bsence
the Registrar, before being implemented.
(4) Once the scheme of distribution is approved, the
administrators shall proceed to p ay out the remaining assets of  the
organisation in accordance with  such scheme of distribution.
Disposal of assets 
on winding up.Amended by:
XXXVI.2018.
100.60. (1) In the absence of a clear s tatement in the statute of a
public benefit organisation, as to how assets are to be dispose d of on
termination of the organisation, the administrators may apply f or
directions and shall dispose of  the assets as ordered by the Co urt.
(2) In case of dissolution and winding up of an organisation
established for a private benefi t and in the absence of an indi cation in
CIVIL CODE  [CAP. 16.   
the statute of how assets are to be distributed in case of wind ing up, the
assets shall be paid to the beneficiaries or members, or, to th e founders
or promoters or their heirs at law after payment of all expense s, as may
be determined by the Court afte r hearing the proposals of the
administrators, the founders or promoters if alive, the benefic iaries or
members and any other interested parties, keeping in view theintentions of the founder.
Dissolution and 
winding up when term expires, etc.61. The administrators of an org anisation shall be bound to
dissolve and wind up an organisation when the term for which ithas been created, if any, has expired or if its purpose has bee n
achieved or becomes impossible. The founder or members may
amend the statute at any time, e ven after such event, to remove  the
reason for dissolution as stated by this article, in which case  any
determination of the administrators and any dissolution
proceedings shall be terminat ed and shall have no effect.
Winding up by 
order of the court.Amended by:
XXXVI.2018.
101.62. (1) An organisation shall be wound up on order of the
Court, upon the application from any interested party, for reas ons
valid at law in terms of its statute or this Schedule.
(2) The Court may order the winding up of an organisation on
an application to this effect i f it considers it necessary in t he public
interest or if the provisions of this Schedule or any other law s are
not being observed by the organisation and the Court considers the
situation to be so grave as to m erit such an order, the ordinar y
remedies for breach of laws not being sufficient in the
circumstances.
(3) In the case of a private foundation as defined under article
31B, the power to request its winding up in terms of this artic le
shall be exercisable also by the Malta Financial Services Autho rity.
(4) In the case of a public benefit organisation which makes
public collections, the power to request its winding up in term s of
this article shall be exercisabl e by any member of the public.
Appeal. 63. The Court shall outline the reas ons for any order given under
the preceding article and steps to  be taken in relation to all assets of
any relevant organisation, including the appointment of a liqui dator
for such organisation. The administrators and any person intere sted
shall be entitled to appeal to the Court of Appeal within fifte en
days of any such order.
Winding up due to 
insolvency or other 
serious difficulties.Amended by:
XXXVI.2018.
102.64. (1) If an organisation becomes insolvent or is undergoing
serious difficulties which impede the organisation from operati ng
and achieving its aims, the adm inistrators shall cease operatio ns
and notify the Registrar who shall immediately co-operate with the
administrators to appoint a liquidator to wind up the affairs i n the
interest of creditors, the promoters or beneficiaries of theorganisation and the organisation itself.
(2) In this Title "insolvency" shall mean the inability to pay i ts
debts when due and for three months after a debt is judicially
acknowledged or admitted or if it is proved to the satisfaction  of the
Court that the organisation is unable to pay its  debts, account  being
taken of its assets and liabilit ies, including contingent and
  584     [CAP. 16.           CIVIL CODE
prospective liabilities.
(3) If the organisation does not have any administrators for
more than six months and suitable persons are not appointed by the
Court on the application of any interested person, the Registra r
shall proceed to demand from the  Court an order for the winding  up
of the organisation and the appointment of a liquidator. In the  case
of a private foundation as defined in article 31B such power to  apply
to the Court shall also be vested in the Malta Financial Servic es
Authority.
(4) Upon such order, the liquidator shall take over all assets o f
the organisation and shall notify all creditors, if necessary b y
means of public notices, and shall seek appropriate solutions t o any
issue which may arise. The liquidator shall have the power todispose of all assets and pay all debts, observing the ranking order
of creditors as provided by law in making payments to creditors .
(5) The liquidator shall consult the Court which shall give
directions from time to time for the resolution of disputes and  the
distribution of assets. The liquidator and any creditor may app ly to
the Court at any time for orders in the liquidation. The Court shall
have the power to give any orders it deems appropriate.
(6) The same rules shall mutatis mutandis apply in cases where
organisations have been found to be operating illegally or are
abandoned and the Registrar is unable to obtain the co-operatio n of
the administrators or other interested persons for the formal
winding up of the organisation.
Cancellation of 
registration.
Amended by:XXXVI.2018.
103.65. On receipt of a declaration by the administrators or
liquidators or on otherwise being  satisfied that all assets hav e been
appropriately exhausted as required by law and that all assets have
been distributed in accordan ce with the approved scheme of
distribution, the Registrar shall cancel the registration of th e
organisation which shall thereby be struck off the Register of Legal
Persons and the organisation sh all thereafter cease to exist.
Revival of 
registration.Amended by:
XXXVI.2018.
104.66. Should it result that the assets or liabilities of an
organisation which has been cancelled were not determined or de alt
with, distributed, paid out or otherwise liquidated, the Court shall,
on the demand of any founder, the last serving administrators o r any
member, have all necessary powers to revive the organisation, a nd
any cell thereof, only for the purpose of d etermining and deali ng
with or paying out or liquidati ng such assets or liabilities.
Effects of winding 
up on groups of 
organisations and cells.67. The winding up of an organisation shall not affect the
continuing validity or effect of another organisation establish ed by
it. In such a case the role of the founding organisation, if an y, shall
be carried out by the successor in title of the organisation or  by
such person or persons as may be appointed by the Court. For an
organisation to be wound up any segregated cells which may be i n
existence must be wound up prior to the winding up of the
organisation.
Defunct 
organisations .
Added by:
XXXVI.2018. 105.68. (1) Where the Registrar has reasonable cause to believe that
a registered organisation is not in operation, he may send a le tter by
post, to enquire whether the organisation is in operation.
CIVIL CODE  [CAP. 16.   
(2) In the event that the Registrar is notified with the letter
referred to in sub-article (1), to the effect that the organisa tion is
not in operation, or does not within three (3) months of sendin g
such letter receive such notification from any administrator or  any
member in the case of an association, he shall publish a notice  in
the Gazette and in a daily newsp aper that, at the expiration of  three
months from the date of the last publication of the said notice , the
organisation, unless the Registrar is satisfied that cause has been
shown to the contrary and there are sufficient grounds that the
organisation is not defunct, shall be struck off the Register, and the
remaining assets of the organisation shall devolve in accordanc e
with the provisions of the Statute or in the absence of such st atute,
in accordance to the provisions of this Schedule as would occur  on
dissolution.
(3) If any creditor or any other  interested party who feels
aggrieved by the fact that the na me of the organisation has bee n
struck off the Register by virtue of this article, the Court, o n an
application made by such credito r or any other interested party
before the expiration of five years from the publication of the
notice of the striking off provided for in sub-article (2) may,  if
satisfied that there are suffic ient grounds to revoke the Regis trar’s
order to strike off the organisation, order that such name be
restored to the Register, and upon an official copy of the orde r
being delivered by the Registrar of the Courts to the Registrar  for
registration, the organisation shall be deemed to have continue d in
existence as if its name  had not been struck off.
(4) Subject to the provisions of sub-article (3), the Court may
give such directions and make such provisions it deems appropri ate
for placing the organisation and all other interested parties i n the
same position as they were before the name of the organisation had
been struck off. The Registrar shall forthwith proceed to publi sh a
notice in the Gazette and in a dai ly newspaper circulating whol ly or
mainly in Malta that the name of  the organisation has been rest ored
to the Register.
(5) Notwithstanding that the name of the organisation has been
struck off the Register in terms of the preceding provisions of  this
article, the liability, if any, of every promoter, founder,
administrator, member, of the organisation shall continue and m ay
be enforced as if the name of the organisation had not been str uck
off the Register.
Transitory 
provision.
Added by:
XXXVI.2018. 105.
Cap. 492.69. Amendments to this Schedule introduced by means of the
V oluntary Organisations (Amendment) Act, 2018, requiring statem ents
to be made in the constitutive instrument or the statute of an
organisation which were not required prior to the coming into f orce of
the aforementioned Act, shall not be binding on those organisat ions
which already existed prior to the coming into force of the Act . Such
organisations are required to int roduce such statements in thei r
constitutive instrument or statute in conformity with the provi sions of
the V oluntary Organisations Act within five (5) years of the coming
into force of the V oluntary Orga nisations (Amendment) Act, 2018 .
  586     [CAP. 16.           CIVIL CODE
Added by:
X.2009 .37.
Amended by:
L.N. 426 of 2012 .THIRD SCHEDULE
Lease of an urban pr operty, residence and commercial tenement
This, ...................... day of ........................... ...............
By the present private writing there appear on the one part
.................................................... son of ... .............................. and
................................... neè ..................... b orn in ...........................
and residing at ............................................... .................. holder of
a legally valid identification document number ............. he reinafter
referred to as the lessor.
And on the other part ............................. son of .... ......................
and .......................... neè ............................  born in .......................
and residing at ............................................... .................. holder of
a legally valid identification document number ............. he reinafter
referred to as the lessee.
And hereby the parties agree on the following:
a. the lessor is granting by titl e of lease to the lessee who
under the same title of lease accepts the premises
.............................................
b. the lessee may use the leased premises for
....................................
c. this lease is being made for a period of .................... ....
commencing from ..........................
d. the parties agree that on th e termination of this lease it
may not be renewed / shall be renewed as follows............................................................... ..
e. the rent payable for this lease shall be .................... ....
that shall be due each  .............. in adva nce / in arrears.
Transitory provisions - Act X of 2009 , as amended by Act V .2010 .19:
Transitory 
provisions.39. (1) Leases which were in force be f o r e  t h e  1 s t  J u n e ,  1 9 9 5 ,  a n d
which are still in force on the 1st January, 2010, shall contin ue to be
regulated by the laws which were in force before the 1st June, 1995, other
than the provisions of Title IX of Part II of Book Second of th e Civil Code,
Of Contracts of Letting and Hiring , as amended by this Act and subject to
any regulations made in virtue of the amendments introduced by this Act.
(2) Leases which were granted af ter the coming into force of the
Housing Laws Amendment Act, 1995, and which are still in force on the
1st January, 2010, shall continue  to be regulated by the provis ions of the
said law insofar as they are not affected by the provisions of Title IX of
Part II of Book Second of the Civil Code, Of Contracts of Letti ng and
Hiring, as amended by this Act.
(3) Sohowever that where by this Act further obligations were ma de
incumbent on the lessee which b efore the 1st June, 2008 were no t
incumbent on him, failure to fu lfil those obligations before th e 1st January,
2010 may not in any manner make the lessee liable for any damag es or
other adverse conseque nces such as an action for the terminatio n of the
lease.
(4) The provisions of Title IX of  Part II of Book Second of the Civil
Code, Of Contracts of Letting and Hiring, shall also apply to t he letting of
urban tenements where terminated contracts of emphyteusis or su b-
CIVIL CODE  [CAP. 16.   
emphyteusis have been or are abou t to be converted into leases by virtue of
the law:
Cap. 158. Provided that in the case of leases made by virtue of the Housing
(Decontrol) Ordinance , the provisions of the said Ordinance defining the
person to be considered as the lessee and the provisions provid ing for the
transfer of the lease after the demise of the lessee shall cont inue to apply
notwithstanding the aforesaid provisions of the Civil Code.
Cap. 158
Cap. 16(4A) As from the first payment of  rent due after the 1st January , 2010
the increase in rent on the groun d of inflation of dwelling hou ses which are
subject to a lease created by article 5, 12 or 12A of the Housing
(Decontrol) Ordinance  shall, notwithstanding the provisions of articles
5(3)( c) and 12(2)( i) of the said Ordinance be regulated exclusively by
article 1531C of the Civil Code.
Cap. 69. (5) The Rent Board appointed by virtue of the Reletting of Urban
Property (Regulation) Ordinance  shall have exclusive jurisdiction to
decide matters connected with the  letting of urban property inc luding both
commercial tenements and residen ces. Sohowever that causes rela ting to
lease contracts which on the 1st January, 2010 are still pendin g before the
Courts or other Tribunals shall still be dealt with by the same  Courts or
Tribunals.
Cap. 125.
Cap. 261.(6) Nothing in this law and in the Civil Code as amended by this  Act
shall be deemed to lessen the powers pertaining to the Director , Social
Accommodation, to the Housing Au thority, or to any other person  who
exercises public authority owing to such person’s office, by vi rtue of the
Housing Act  or by virtue of the Housing Authority Act.
(7) Without prejudice to the provi sions of the Civil Code as ame nded
by this Act, the renewal of a lease after the 1st June, 1995 (w hether such
renewal is conventional, legal, cu stomary or otherwise) shall n ot be
considered as a lease agreed on the 1st June, 1995 or after tha t date and the
renewal of a lease on the 1st January, 2010 or after that date (whether such
renewal is conventional, legal, cu stomary or otherwise) shall n ot be
considered as a lease agreed on the 1st January, 2010, or after  that date:
Cap. 158.Provided that for the avoidance of doubt, in this sub-article a nd in
article 16 of the Housing (Decontrol) Ordinance , as the case may be,
the words "the renewal of a lease after the 1st June, 1995" sha ll be
construed as referring only to a  lease commenced before the 1st  June,
1995, and renewed after the said date, and the words “the renew al of a
lease on the 1st January, 2010 or after that date" shall be con strued as
referring only to a lease commence d before the 1st January, 201 0 and
renewed after that date.
(8) Save as the Minister responsible for accommodation may by
regulations otherwise provide, nothing in this Act shall affect  the
applicability of:
Cap. 88. (a)t h e  Land Acquisition (Public Purposes) Ordinance ;
Cap. 125. (b)t h e  Housing Act ;
Cap. 268. (c)t h e  Disposal of Government Land Act ; and
Cap. 69. (d) article 8 of the Reletting of Urban Property (Regulation)
Ordinance .
as in force immediately before t he coming into force of this Ac t.
(9) Without prejudice to the other provisions of this Act, the
provisions of this Act shall app ly to leases where Government i s the owner
or the lessee.
  588     [CAP. 16.           CIVIL CODE
Added by:
XXV .2016 .5.FOURTH SCHEDULE*
Title I
PRELIMINARY
DEFINITIONS, PRESERV AT ION OF PRIV ATE RIGHTS
Definitions. 1. In this Schedule:
"administrative permit" includes licences, permits, concessions ,
authorisations or encroachment s, grants which are made under
tolerance or other precarious title and any other licence which  may
be issued by the Government in terms of regulations which may b e
made from time to time, and different departments or entities
within the term "Government" sha ll be treated as distinct perso ns;
"the Code" shall mean the provisions of the Civil Code apart
from this Schedule;
"designated date" shall be the date of the coming into force of
this Schedule;
"Government" shall include all departments and agencies of
Government, all local councils, all statutory authorities andcorporations and all organisations controlled by the Government ;
"land", for the purposes of th is Schedule, shall include the
seabed and the sub-soil;
"private rights" are those title s or rights which arise under a ny
law or agreement and which, if subject to registration or
preservation according to applicable law, are so registered or
preserved in the manner and within the time required by applica ble
law;
"relevant date" means the 1st July, 2016;"relevant registry" means the Public Registry or the Land
Registry or any successor registry;
"special law" means Acts of Parliament or regulations and other
Acts constituting law other than the provisions of the Code whi ch
deal with particular matters relevant to any provisions of this
Schedule.
Existing private 
rights.2. (1) Land in the public domain which is subject to private
rights, in virtue of laws enacte d or agreements validly entered  into
prior to the relevant date shall continue to be subject to the terms
and conditions of such laws or agreements until such land is, i f
ever, acquired by the Government  free from such private rights.
(2) Nothing in this Schedule sh all affect private rights over
land in the public domain except and only to the extent that:
(a) when the land was acquired from the Government or
otherwise, it was subject t o express reservations; or
(b) the land is subject to reasonably implied restrictions
on use or enjoyment attributable to its specific publicdomain nature and to its designation under any plan,
* see also transitory provisions reproduced immediately after t his Schedule.
CIVIL CODE  [CAP. 16.   
policy or schedule issued under any law from time to time
regulating development planning:
Provided that for the avoidance of doubt, private rights
shall continue to be fully enjoyed and shall only besubject to reasonable limitations which arise from the
public domain nature of the particular land, keeping in
view its particular character istics, uses and functions
and the public utility it provides; or
(c) by virtue of the owner’s consent, until withdrawn, the
land has been made available for public utility; or
(d) the law, as it stood prior to the relevant date, so
provides; or
(e) the land was granted by the Government on mere
encroachment terms and such concession has lapsed or is
withdrawn.
(3) Private rights granted by the Government by means of any
written instrument prior to the relevant date shall be governed  by
the terms of such instrument and applicable law and any limitat ions
on the capacity of the Government to make such grant due to the
public domain nature of the subject matter shall not affect the
validity of such instrument.
(4) Subject to sub-article (3), nothing in this Schedule shall
operate so as to:
(a) grant or recognise private rights or entitlements over
land in the public domain to any person who, as of therelevant date, does not have valid and enforceable
title, possession or other rights to land in the public
domain;
(b) impinge on the Government’s right to pursue any or all
legal remedies and, or to exercise any or all of its
powers under current law in relation to any personclaiming any right to land in the public domain where
such claim is not recognised as valid by the
Government;
(c) affect the operation of artic les 2114 and 2115(2) of the
Code relating to the non-applicability of the provisions
on prescription against things which are extra
commercium  or with regard to rights or actions of the
Government.
(5) Privately owned land shall be presumed not to be in the
public domain unless it is property of the type referred to in article
4(1) or is the subject of a Pub lic Domain Resolution as defined  in
article 4(2) of this Schedule.
(6) If the continuing exercise of  private rights,  as are preserv ed
by this article, materially endangers land in the public domain  as
aforesaid or where the exercise of such rights is in material c onflict
with the principles established in this Schedule in so far as t he use
of such land and its future preservation are concerned, apart f rom
enforcing any agreemen t or applicable law in that regard, it sh all be
  590     [CAP. 16.           CIVIL CODE
lawful for the Government to request amendment to any grant,
concession or other agreement with the holder of such rights to
ensure the respect of the provisions of this Schedule.
Notwithstanding the terms of any agreement, the court shall
have the power to issue orders, as appropriate, on the use and future
preservation of the property in question for the duration of th e
agreement.
Title II
OF THINGS BELONGING TO THE GOVERNMENT
PUBLIC PROPERTY AND PUBLIC DOMAIN
Presumptions. 3. (1) Things belonging to the Government shall be presumed
to be public property.
(2) Things in the public domain shall be presumed to belong to
the Government unless they are privately owned.
(3) Things shall be considered to be in the public domain, if:
(a) they are of the type referred to in article 4(1) of this
Schedule; or
(b) after the relevant date, they are the subject of a
declaration, made in terms  of article 4(2) of this
Schedule, and, where possible, are registered in
accordance with applicable law.
(4) The things, and their fruits and accessories, belonging to
the Government which may be the subject of a declaration that t hey
form part of the public do main are the following:
(a) waterways, aqueducts, lakes, natural springs and
valleys;
(b) harbours, ports or parts thereof;
(c) public roads, public squares, all streets, alleys and
lanes and access routes, by whatever name called, to
other public places, includ ing those leading to the
coastal perimeter or areas  declared to be in the public
domain in accordance with this Schedule;
(d) woods, parks and other areas of ecological or
environmental importance;
(e) sites of cultural, social or historical importance
including bastions, fortifications and other similar
structures;
(f) areas which serve the national security, such as
airports;
(g) the open countryside, including any cliff which does
not constitute part of t he coastal perimeter;
(h)res sacrae , res sanctae  and res religiosae ;
(i) movable things having cultural, social, archaeological,
artistic, ecological, envi ronmental or historical
importance, including collections of museums, artgalleries, archives and libraries; and
CIVIL CODE  [CAP. 16.   
(j) generally things belonging to the Government which
serve direct and immediate public and collective utility
or which should be preserve d for future generations
because of their public n ature, common social,
historical or cultural natur e, environmental importance
or natural or strategic importance.
(5) Any such declaration shall be  subject to any private rights
which may exist over such property.
(6) The property of the type referred to in paragraphs ( a), (d),
(e) and ( g) which is privately owned may also be the subject of a
declaration that t hey form part of the public domain.
Title III
OF PUBLIC DOMAIN
Things in the 
public domain.4. (1) The following things, and their fruits and accessories,
shall be considered as property in the public domain by virtue of
this Schedule and without the need of any further declaration,registration or o ther formality:
(a) the coastal perimeter;
(b) internal waters such as bays, coves and other areas
which lie between the coa stal perimeter and the
baselines from which the territorial waters are
measured and the relative seabed and subsoil and theoverlying water-column and i ts airspace provided they
are not harbours or ports; and
(c) the seabed and subsoil underlying the territorial seas
beyond the baselines from which the territorial watersare measured and the relative seabed and subsoil and
the overlying water-column and its airspace.
(2) (i) The Executive Council as established under the
Development Planning Act of 2016 shall prepare a report
on an annual basis which will indicate those sites that have
been proposed by the Minister responsible for Lands,
Members of Parliament or  NGOs that it would deem
appropriate to be declared as public domain in conformitywith article 3 of sub-title 2 of this Act:
Provided that prior to the completion of the report the
Executive Council shall carry out a public consultation
process.
(ii) The report shall thereafter be presented to the Minister
responsible for Lands, who in turn shall lay suchreport on the Table of the House of Representatives by
the 15th September of every year.
(iii) The Minister shall cause the report to be laid on the
Table of the House of Representatives as soon aspossible but not later tha n one month from receipt.
(iv) The Speaker of the House shall refer the report to the
Standing Committee on the Environment and
Development Planning for its consideration and
  592     [CAP. 16.           CIVIL CODE
comments.
(v) The report of the Standing Committee shall than be
forwarded to the Minister responsible for Lands who
shall present to the House o f Representatives, for its
consideration, a Public Domain Resolution regarding
those sites which would have been so recommended by
the Standing Committee on the Environment andDevelopment Planning.
(3) Every Public Domain Resolution shall, as a minimum:
(a) identify the pr operty, its fruits and accessories;
(b) identify any Government powers or third party titles or
rights which shall continue to be enjoyed over thething, and the manner in which they are to be exercised
or enjoyed, notwithsta nding the declaration;
(c) identify special laws or p rovisions thereof, if any,
which restrict the public access or enjoyment of suchproperty in accordance with this Schedule and which
shall continue to apply to such property
notwithstanding the declaration; and
(d) where applicable, be accomp anied by a plan or general
map, based on the official map of the Land Registry,
identifying the property and the accessories which are
affected by such declaration.
(4) All Public Domain Resolutions shall be registered in the
relevant registry by the Minister responsible for Lands within two
months from their approval by the House of Representatives.
(5) Saving private rights and any concessions which may
validly exist, things in the public domain belonging to the
Government shall be extra commercium  unless they are declassified
in accordance with the provisions of Title VI of this Schedule,  in
which case they shall no longer be treated as extra commercium  but
only to the extent and for the purposes mentioned in the releva nt
Declassification Resolution:
Provided that things which hav e been declared to be in the
public domain by a Public Domain Resolution which are privately
owned shall not be considered as being extra commercium  and they
may continue to be subject to transactions in accordance with t he
Code or any other ap plicable law even if  not declassified.
(6) Things in the public domain belonging to the Government
which have been declassified as pr ovided for in this Schedule m ay
be subject to concessions or pr ivate rights in accordance with this
Schedule.
(7) The acquisition of any right by any private interest over an y
thing in the public domain belonging to the Government which isnot declassified, other than by concession under article 7 of t his
Schedule, shall be ipso jure  null and void.
(8) Things in the public domain shall be subject to public
domain obligations, even when declassified, and no acquirer may
plead good faith so as to acqui re free from such obligations.
CIVIL CODE  [CAP. 16.   
(9) Actions and remedies enjoye d by the general public shall
only be those provided under public law.
(10) The principal obligation, which burdens an owner of a thing
in the public domain, whether owned by the Government or by a
voluntary organisation or by a private interest, is to preserve  its
substance with regard both to matter and to form.
(11) Without prejudice to any private rights thereon, or as
otherwise expressly stated in any Declassification Resolution,
things in the public domain belonging to the Government are als o
subject to a burden being the utility derived by the general pu blic
and which is enjoyed by every person on mere sufferance. Public
utility includes collective ri ghts such as public access, use, public
enjoyment of the fruits and accessories, accommodation tonecessities of trade, transit and communication or recreation a nd
any other use and subject to such restrictions as may be prescr ibed
by regulations made from time to time requiring a thing in thepublic domain to be subject to such burden.
(12) Without prejudice to any private rights thereon, or as
otherwise expressly stated in any Declassification Resolution,
nothing in the preceding sub-articles shall imply that any pers on
may, in or over land in the public domain:
(a) drive or ride any vehicle except over paths which
prevent damage to such property;
(b) light any fire or do any act which is likely to cause a
fire;
(c) wilfully damage anything thereon or therein;
(d) wilfully injure, remove or destroy any plant, shrub,
tree or root or any part thereof;
(e) affix or write any advertisement, bill, placard or
notice;
(f) deposit any rubbish or leave any litter;
(g) engage in riotous, disorder ly or indecent conduct; or
(h) wilfully disturb, annoy or o bstruct any person engaged
in any lawful activity.
( 1 3 ) U n l e s s  i t  i s  c o n t r a r y  t o  l a w  o r  t h e  d e c l a r e d  o r  a p p a r e n t
destination of the thing in the public domain prohibits it, or it is
otherwise prohibited by the Government in accordance with law,things in the public domain belonging to the Government, or the ir
fruits and accessories, may be used or enjoyed, on sufferance, in
any amount necessary for an individual’s own personal use orconsumption. Where special laws require Government
authorisation also for personal use or enjoyment of things in t he
public domain, such authorisation shall be a condition for publ ic
use and enjoyment.
(14) In addition to any rights or powers it may have under any
law, licence, contract o r otherwise, the Government may enterta in
any civil or administrative action against any person who damag es,
or by his actions thr eatens to damage, thi ngs in the public dom ain.
  594     [CAP. 16.           CIVIL CODE
Registration of 
private rights on 
things in the public 
domain.5. (1) When things in the public domain as defined in this
Schedule are subject to private rights, they shall remain publi c
domain and shall generally be burdened by public domain
obligations which arise due to t heir nature, limited by such pr ivate
rights in a manner consistent with their nature and subject to any
applicable law.
Cap. 56.
Cap. 296.(2) Any person enjoying an existing title to or right over land
in the public domain shall register such title or right with re ference
to the specific land in accordance with, and subject to, theprovisions of the Public Registry Act
 , the Land Registration Act or
any other applicable law having such effect, prior to the lapse  of
ten years from -
(a) the designated date with reference to property referred
to in articl e 4(1); or
(b) the date on which any Public Domain Resolution is
registered in the relevant r egistry with reference to a
specific land,
and subject to the right of the G overnment or any other person who
may have an interest to contest such title or right in terms of  any
applicable law.
Cap. 56.
Cap. 296.(3) Any person acquiring titles or rights over things in the
public domain following declassi fication, shall register such t itle or
right in accordance with and sub ject to the provisions of the Public
Registry Act  , the Land Registration Act or any other applicable
law having such effect within t he period prescribed by law.
Title IV
DISPOSAL OF THINGS IN THE PUBLIC DOMAIN
Disposal of things 
in the public domain.
Cap. 268.6. (1) Apart from complying with the requirements
established by this Schedule in relation to declassification, t he
disposal of things forming part of the public domain shall comp ly
with the provisions of the Disposal of Government Land Act or a ny
regulations made thereunder.
(2) The term "disposal" shall hav e the meaning attributed to it
by the said Act and the provisions of the said Act shall apply to
public domain mutatis mutandis .
Title V
CONCESSIONS AND GRANTS OF PUBLIC DOMAIN
Administrative 
permits in relation 
to things in the 
public domain.7. (1) The Government may grant rights over any things in
the public domain by an administrative permit on condition that
such things in the public domain must be used consistently with
their nature.
(2) It shall not be necessary to declassify things in the public
domain in order for them to be the subject of an administrative
permit.
(3) Subject to more detailed terms or conditions which may be
prescribed by regulations made by the Prime Minister from time to
time regarding administrative permits, when an administrative
CIVIL CODE  [CAP. 16.   
permit refers to things in the public domain, notwithstanding a ny
provisions of any agreement to t he contrary, such grant shall b e:
(a) personal to the grantee thereof and shall not be
assignable nor shall it be capable of division and when
the grant is made to a leg al organisation or a trust
which has shareholders or beneficiaries, as the case
may be, such shareholders or beneficiaries shall be
subject to the same conditions together with the legalorganisation or trust during the duration of such grant;
(b) revocable by the granting authority upon written
notice;
(c) subject to public domain obligations and conditions as
outlined in this Schedule; and
(d) initially granted for not more than ten years, and when
renewed, for not more th an ten years at a time:
Provided that when t he grant by the Government is made to
an enrolled voluntary organisation the purposes of which reflec t the
same principles of this Schedu le relating to the manner of
administration of any property in the public domain, the condit ions
mentioned above may be modified or waived.
(4) Administrative permits granting rights over the public
domain shall be registered in the  relevant registry if their te rm
exceeds two years. Such registration shall not give to the gran tee
any ownership or possessory righ ts and the rights shall remain as
stated in the preceding sub-arti cle and any applicable law.
Lawful grants to 
private interests 
over things in the 
public domain.8. (1) Saving any grant which is made pursuant to a special
law which may expressly modify the conditions hereunder
specified, when things in the public domain are the subject of a
grant by the Government to private interests, the followingconditions shall apply:
(a) except when the Declassification Resolution expressly
authorises the declassificati on to be for an indefinite
term because of its evident irreversibility, the grant
shall be for a specified term not exceeding onehundred years and shall be , as far as reasonable:
(i) proportionate to the nature of the interest or
benefit to be gained by the general public and to
the length of time during which such interest orbenefit actually subsists;
(ii) sufficient to fulfil the authorised use;
(iii) inversely proportionate to the extent to which
the general public is restricted access and use, so
that the greater the restriction on public use, theshorter the period; and
(iv) inversely proportionate to the disruption of the
public function the thing used to serve, so that
the greater the disruption to public function ofthe thing, the shorter the period;
and in any case shall not ex ceed the term for which the
  596     [CAP. 16.           CIVIL CODE
thing was declassified;
(b) the purpose of the grant and subsequent use of the
thing shall be exclusively that for which the thing was
declassified;
(c) if reasonably possible, s uitable alternatives are
provided to the general public which has been
deprived of the things it formerly used or enjoyed;
(d) except when the Declassification Resolution expressly
authorises the declassifica tion to be for an indefinite
term because of its evident irreversibility, any
constructions, improvements or alterations made to
things in the public domain are to be removed on thelapse of the term, unless the Government approves the
retention, for its own benefit or as it may consider in
the public interest, o f such constructions,
improvements or alterations at the time of the
declassification or any time thereafter;
(e) except when the Declassification Resolution expressly
authorises modification of any thing in the publicdomain, any damages, destruction or modification or
exploitation other than that expressly permitted, shall
be made good at the e xpense of the grantee;
(f) unless expressly permitted  by the Declassification
Resolution, and in such case subject to the express
conditions of the grant, the grant shall:
(i) be personal to the grantee thereof and shall not
be assignable and when the grant is made to alegal organisation or a trust which has
shareholders or beneficiaries, as the case may
be, such shareholders or beneficiaries shall be
subject to the same conditions together with the
legal organisation or trust during the duration ofsuch grant;
(ii) not be capable of division; and
(iii) not be capable of being the subject of security in
favour of a third party:
Provided that when the grant by the Government is made to
an enrolled voluntary organisation the purposes of which reflec t the
same principles of this Schedule relating to the manner ofadministration of any property in the public domain, the condit ions
mentioned above may be modified or waived.
(2) The preceding sub-article shall be subject to the following
additional rules of interpretation:
(a) should a grant be made for more than one hundred
years, it shall be valid only for one hundred years;
(b) should the grant exceed the term stated in the
Declassification Resolution, then the term of the grantshall be reduced  ipso jure  to the term stated in the
Declassification Resolution;
CIVIL CODE  [CAP. 16.   
(c) should the grant be made for a purpose not specified in
the Declassification Resolution, then such grant shall
be null and void and no rights whatsoever shall accrueto any party by virtue thereof.
(3) Nothing in this Schedule or any Declassification Resolution
shall hinder the imposition by th e Government of more onerous o r
restrictive conditions at the time  of any grant or disposal of the
relevant property in the public domain in order to better prote ct or
preserve the public domain nature of the property.
Reversion to public 
domain.9. (1) When a thing in the public domain has been subjected
to private rights, on the termination, howsoever this occurs, o f such
private rights, such thing shall revert ipso jure  to the public
domain. On reversion, the thing shall be free from all rights a nd
claims, both personal and real.
(2) Such reversion shall also occur following the expiration of
the stated term or the impossibility or exhaustion of the purpo se
and use for which the thing was declassified or granted, as the  case
may be.
(3) Any thing which has, within the term of the original
Declassification Resolution, reverted to public domain inaccordance with this article may be re-granted for the remainin g
period of the original grant without a new declassification pro vided
it is so re-granted within twelve months of the reversion.
(4) When a declassified thing reverts to the public domain after
the lapse of the specified term of the grant, the Government sh all
seek to return the property into the public domain for at least
twenty-five years before declassifying it again, unless with th e
support of a resolution of the  House of Representatives.
(5) When immovable property in the public domain is
declassified and the declassifi cation is expressly declared to be
indefinite in duration due to the irreversibility of the intend ed use
permitted by declassification, reversion to public domain shall  not
take place and the property shall remain private or public free  of
any public domain obligations including those referred to in ar ticle
4(10) of this Schedule.
Title VI
OF DECLASSIFICATION OF THE PUBLIC DOMAIN
Declassification. 10. (1) All things which are in the public domain, by nature or
by operation of the law, can be designated to be available for -
(a) the use and administration of such property by the
Government as public property; or
(b) t h e  g r a n t  o f  t i t l e s  o r  r i g h t s  i n  f a v o u r  o f  p r i v a t e
interests;
in accordance with the use to which the thing can lend itself,
generally without permitting the permanent alteration of its na ture.
Such designations shall be for a purpose or purposes which are
specifically defined and being in the public interest. The Exec utive
  598     [CAP. 16.           CIVIL CODE
Council as established under the Development Planning Act of 20 16
shall receive such requests by th e Minister responsible for Lan ds to
prepare a report following a public consultation process. The r eport shall
be referred to the Standing Committee for Environment and
Development Planning who in turn following its consideration an d
comments shall forward its conclu sions to the Minister responsi ble for
Lands. The Minister shall presen t to the House of Representativ es for its
consideration, a Declassification Resolution. Such things shall  be
referred to as decl assified things.
(2) Following declassification, t he declassified things shall st ill
retain their nature as public domain and, to the extent notincompatible herewith, shall still be subject to the rules in t his
Schedule. Declassification, however, may impose restrictions on
continuing public enjoyment to the extent that publicadministration or private use is subsequently permitted.
(3) Declassifications cannot take place in relation to classes o f
things or the totality of such type of thing but can only be ma de
with reference to specific things susceptible to individual
designation and description.
(4) Declassification cannot take  place except after a minimum
period of five years has elapsed, with regard to any public dom ain
property, from the date of enac tment of a Public Domain Resolut ion
with regard to that property in particular, as mentioned in art icle
4(2) of this Schedule.
(5) Declassified things belonging to the Government become
capable of being the subject o f a contract for the period of
declassification and are render ed susceptible to real rights an d
charges and other encumbrances:
Provided that any real rights, charges and other
encumbrances shall terminate ipso jure  on the expiration of the
contract term or on the lapse of the declassification period,
whichever is the earlier.
(6) The modification or conversion of things in the public
domain following declassification may be permitted by a
Declassification Resolution on condition that such modification  or
conversion shall seek an outcome where the gain achieved by the
general public is clear and unambiguous.
Procedure for 
declassification.11. (1) Declassification of things in the public domain shall be
made by means of the issue of a resolution of the House of
Representatives, hereinafter referred to as a "Declassification
Resolution".
(2) Every Declassifica tion Resolution shall, as a minimum:
(a) identify the pr operty, its fruits and accessories;
(b) identify the term, unless indefinite in scope in which
case it shall state so , the purpose and the use for which
declassification is taking place;
(c) declare what the projected  existing or future public
rights or benefits are to be and what suitable
CIVIL CODE  [CAP. 16.   
alternatives, if any, will be provided for any loss of use
or enjoyment of the thing by the public;
(d) identify any known Government powers or third party
r i g h t s  w h i c h  s h a l l  c o n t i n u e  t o  b e  e n j o y e d  o v e r  t h ething notwithstanding the declassification, provided
that this is without prejudice to the general powers of
the Government under any law and to private titles orrights which may be register ed within the time period
prescribed by law;
(e) seek to identify special law s or provisions thereof, if
any, which restrict the public access or enjoyment ofsuch property in accordance with this Schedule and
which shall continue to apply to such property
notwithstanding the declassification; and
(f) where applicable, be accomp anied by a plan or general
map, based on the official map of the Land Registry,
identifying the property a nd its accessories which are
affected by such declassification.
(3) All Declassification Resolutions shall be registered in the
relevant registry by the Minister responsible for Lands within two
months of the coming in to force of the Act.
(4) Any grant made by the Government pursuant to a
Declassification Resolution shall be registered in the relevant
registry in accordance with applicable law.
(5) Any amendments or revocat ions made to Declassification
Resolutions shall be registered by the Minister responsible for
Lands in the relevant registry within two months from when suchamendments or revo cations are made.
Termination of 
rights and of 
effects of 
declassification.12. (1) In the following cases:
(a) where the thing has reverted to its former public use
without objection of the title or rights holder for acontinuous period of two years;
(b) where it is used for a purpose which does not fall
within the parameters for which the declassification
was made;
(c) where the term for which it  was declassified expires;
(d) where there is a substantial breach of the terms of any
grant, concession or a n abuse of right;
the grantee shall be notified by judicial letter and, upon the lapse of
thirty days from such notification, the thing shall revert to t he
public domain, unless such reversion is formally contested in a
court, in which case the effects are suspended until the courtdecides the matter or the parties agree that compliance has bee n
achieved:
Provided that during any such contestation the duty of the
grantee to pay any agr eed compensation and to perform all publi c
domain obligations shall not be affected in any manner and in t he
event of breach pendente lite , the court shall, even without demand
  600     [CAP. 16.           CIVIL CODE
on the part of the Government, order the reversion to the publi c
domain on the basis of such breach without the need to determin e
the issues under contestation.
(2) Where it is established by a final judgement of a court of
civil or criminal jurisdiction that the declassification was th e fruit
of corruption, the declassification shall be invalid and all ri ghts
accruing to any person pursuant thereto shall be  null and void.
(3) Any person formerly vested with title to or rights over a
thing in the public domain shall, upon the happening of the eve nts
in the preceding sub-articles, ipso jure  become a mere holder and
shall have no further rights from the moment of notification an d,
without prejudice to any other rights competent at law, the
Government shall have a right to register the reversion of the thing
to the public domain in the relevant registry.
(4) Where the Government is notified that a third party will be
granted or has lawfully been gran ted an interest dependant on t he
title or right of the person enjoying the title or right, if so
authorised by the Declassificatio n Resolution, the Government m ay
agree to such terms intended for the protection of such third p arty
rights in the event of default by  the holder of the title or ri ghts:
Provided that the third party shall not enjoy such protection
if he consents to or participates in the breach giving rise to the
default or does not otherwise act in good faith when seekingprotection under this article.
Rights not to attach 
to fruits or 
accessories.1 3 . ( 1 ) W h e n  t h i r d  p a r t y  r i g h t s are granted on declassified
immovables, the rights shall attach only to the things fastened  to
the site and any improvements thereto as well as to its use but  not
to any fruits or accessories to such immovables unless expressl y
agreed.
(2) On termination of a grant of declassified things, the person
who enjoyed the rights to the use and enjoyment of the things s hall,
at his expense, take all such action as is necessary to ensure that
things which may have been const ructed or fastened to the prope rty
shall be removed and the thing be restored to its condition pri or to
the declassification or to as near a condition as possible, suc h
assessment to be made by the Government, unless the Governmentapproves their retention in accordance with article 8(1)( d) of this
Schedule or consents to their permanent modification or convers ion
in the Declassification Resolution.
(3) In the event that the thing is not restored to the appropria te
condition, the Government shall have the power to clear theproperty of any constructions, fastening or any other thing
whatsoever and shall have the po wer to administer and dispose o f
the same. Additionally, the Government shall enjoy a specialprivilege over such things and to any proceeds coming from the
lease, operation or sale of such things. The Government shall b e
entitled to take from such proceeds any sum equivalent to the c osts
and expenses incurred in restoring the thing to its original
condition but shall have no interest whatsoever in any excess
proceeds which shall be kep t on trust for the grantee:
CIVIL CODE  [CAP. 16.   
Provided that subject to the terms of the grant, following
the termination of a grant, the Government may, at its discreti on,
acquire any immovable thing remaining on the property uponpayment of a fair price to the grantee or relevant owner of the
immovable, such price to be determined by agreement or by the
court in case of disagreement.
Reclamation. 14. (1) When property becomes part of the coastal perimeter
by human intervention, including excavation or development or
conversion into a marina, promena de, breakwater or otherwise, i t
shall not thereby become public domain but shall be subject to:
(a) any special conditions which may be imposed in any
Declassification Resolution or any permit for such
intervention; and
(b) any special laws which may be applicable to its
development and use.
(2) When any part of the seabed is reclaimed, any
Declassification Resolution shall  expressly declare that the pu rpose
of the declassification is the reclamation of the area, giving full
description thereof, and -
(a) the area so reclaimed shall no longer be considered to
be public domain; and
(b) the coastal perimeter which is lost in the reclamation
shall be substituted ipso jure  by the new coastal
perimeter emerging as a re sult of the reclamation.
Regulations. 15. (1) The Prime Minister shall have the power to make such
regulations as may be necessary so as to better regulate the ma tters
contained in this Schedule in relation to particular types of p roperty
falling within the public domain or generally or for the betterfunctioning of the provisions of this Schedule including withou t
prejudice to the foregoing:
(a) matters relating to registration of resolutions, titles,
rights and other matters referred to in this Schedule in
the relevant registry;
(b) defining in further detail the things described in article
3(4) of this Schedule;
(c) establishing the methodology to determine the
baselines for the calculation of the coastal perimeter;
(d) the publication in the Gazette, the Government’s
website or otherwise of information in addition to thatin the relevant registry;
(e) specifying the uses of things in the public domain, any
public domain obligations and any public and private
rights thereon, and any reservations and restrictions on
such things so as to better achieve the purposes of any
Public Domain Resolution or any DeclassificationResolution;
(f) actions competent under this Schedule;
  602     [CAP. 16.           CIVIL CODE
(g) the rights and remedies to protect private interests in
any things affected by any process implementing the
provisions of this Schedule;
(h) penalties and offences in relation to things in the
public domain, including offences relating to the
unauthorised occupation and use of things in public
domain, deprivation of access or use by the public andrelated rights to damages and reimbursement of any
gains:
Provided that any criminal punishments that may be
established by regulations made under this article shallnot exceed the penalty of imprisonment for a period of
two years or a fine ( multa ) of one million euro or both
such fine and imprisonment; and
(i) the interplay between the provisions of this Schedule,
the provisions of the Code and the provisions of other
special laws.
(2) Nothing in this Schedule shall affect the provisions of or
anything done or which could be done under the:
Cap. 156. (a)t h e  Petroleum (Production) Act ;
Cap. 228. (b)t h e  Land (Compulsory Eviction) Act ;
Cap. 268. (c)t h e  Disposal of Government Land Act ;
Cap. 549. (d)t h e  Environment Protection Act ;
Cap. 445. (e)t h e  Cultural Heritage Act ;
Cap. 499. (f)t h e  Authority for Transport in Malta Act ;
Cap. 552. (g)t h e  Development Planning Act ;
Cap. 522. (h)t h e  Crimes Against the Environment Act ;
Cap. 316. (i) the Malta-Libya Continental Shelf Delimitation
(Ratification) Act ;
Cap. 535. (j) the Continental Shelf Act ;
Cap. 226. (k) the Territorial Waters and Contiguous Zone Act ;
Cap. 423. (l) the Malta Resources Authority Act ;
Cap. 425. (m)t h e  Fisheries Conservation and Management Ac t;
(n) any regulations made, or guidelines or notices issued,
under any of the above Acts;
and other special laws which may be designated by the Minister
responsible for Lands by notice in  the Gazette, and such Minist er
may, from time to time, in consultation with the Minister
designated in such laws, if diffe rent, make regulations to esta blish
the operation of any of the prov isions of such special laws in the
light of the provisions of this Schedule so as to ensure the
achievement of the aims of this Schedule and such laws and thecompatible appli cation thereof.
CIVIL CODE  [CAP. 16.   
Transitory provisions in Act XXV .2016 .6:
Transitory 
provisions.6. (1) Where private titles or rights are claimed in any civil or
administrative proceedings, commenced at any time prior to thecoming into force of this Act, in relation to land in the publi c
domain, such private titles or rights shall be determined in
accordance with the law applicab le prior to the coming into for ce of
this Act until they are finally determined by the relevant cour t or
tribunal or by an y agreement between the parties.
Cap. 56.
Cap. 296.(2) Where any private titles or rights over land considered to b e
in the public domain belonging to the Government are not
registered or preserved in accordance with the Public Registry Act  ,
the Land Registration Act or any other applicable law having such
effect, or are not claimed in an y proceedings as stated in sub- article
(1) commenced not later than ten years from the designated date ,
such titles or rights shall be presumed to be mere encroachment s to
the extent they are being tolera ted or shall not be considered to
exist as a matter of law  or to otherwise lapse.
The amendments introduced by this Act shall apply to all
the land in the public domain, saving titles or rights which ar e so
registered or preserved.
Cap. 56.
Cap. 296.(3) The "designated date" shall be that established by the
Minister responsible for Lands by means of a notice published i n
the Gazette for such purpose under the Public Registry Act   and, or
the Land Registration Act and, or any other applicable law.
(4) The provisions of article 311 of the Code shall apply, in
accordance with their terms, with effect from the 1st January, 2016
to anything done on or after such date over the coastal perimet er or
land in the public domain , as defined in the Code.
  604     [CAP. 16.           CIVIL CODE
CIVIL CODE  [CAP. 16.   
  606     [CAP. 16.           CIVIL CODE
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PART II
FORMS 
Amended by: 
L.N. 148 of 1975;XXX.1995
.5;
IX.2004 .14.FORM A
(Article 195)
EDICT FOR INFORMATION RESPECTING AN 
ABSENT PERSON
REGISTRY OF THE CIVIL COURT
(VOLUNTARY JURISDICTION SECTION)
                                ................... 20   
 Whereas................. has, by a n application filed on the . .................
applied for the appointment of a curator to ................... .., (or, as
the case may be , for the opening of the secret will of ..................,
or for a declaration that the public will of ................. be  accessible,
or that the applicant himself be put into provisional possession of
the property of .......................) who is alleged to have  since the
............... .... ceased to appear in Malta, without any news  of him
having been received.
Whosoever has any news of the existence of the said ........... ...... ,
is required to communicate it to the undersigned Registrar of t he
Civil Court (V oluntary Jurisdiction Section), for the informati on of
the said Court, within one month from the day of the publicatio n of
this present edict in the Government Gazette.
                               By order of the Court,
                                       Registrar.
Amended by: 
L.N. 148 of 1975;
XXII.2005 .83.FORM B
(Article 254)
NOTICE
REGISTRY OF THE CIVIL COURT, FIRST HALL
                                     .................. 20
Whereas ................. has filed a sworn application demandi ng
correction of the registration ( or the cancellation of the registration
or the registration) of his birth, or of his marriage, or of the death
of .................
Whosoever may have an interest therein, and wishes to oppose
that demand, is hereby called upon to do so, by means of a note  to
be filed in the above-mentioned Registry within fifteen days fr om
the day of the publication of this present notice in the Govern ment