Welcome to de Maria Law...

The journey starts here!

Comments

Post a Comment

Popular posts from this blog

Emphyteutical grants: Should I redeem the Ground-Rent (ċens)?

What is Emphyteusis? The concept of ground-rent ( ċens in Maltese ) , technically known as emphyteusis, was once a very popular contract condition in the transfer of property in Malta. Although still fairly common on the property market, as years go by it is slowly falling into disuse.   Generally speaking, emphyteusis is a contract where one party in an agreement grants to the other a property against payment of a yearly ground-rent. It can be granted temporarily (for a limited period of time) or perpetually (forever).   Can my ground-rent ( ċens ) be redeemed ?   Article 1501 of the Maltese Civil Code provides that where a grant in emphyteusis is made in perpetuity, the emphyteuta, even though the ground-rent may be revised at stated intervals of time, shall have the option to redeem the ground-rent. Where there are more than one dominus, the emphyteuta may elect to redeem from all of them or from one or more of them separately. Furthermore, where the property...
Read more

Road Rules - do they affect you?

As a general rule, every driver is liable for their actions, independently of what another road-user does, unless what happens is not solely and exclusively the fault of the other road-user.   Each and every time a person is charged in court with driving a motor vehicle in a negligent and / or reckless and / or dangerous manner or any other similar offence the presiding judge or magistrate is required to delve into the whether or not the driver of a motor vehicle was actually driving the motor vehicle in such manner.   In its judgement given on the 12 th December 2018 in respect of Appeal number 111/2018, the Maltese Court of Criminal Appeal held that whereas negligent or reckless driving occurs when the driver employs a lack of the normal prudence which one should observe in order to avoid the dangers the dangers that arise. The court also held that dangerous driving involves a certain degree of recklessness.   Whilst most people would assume that these offe...
Read more