Transfer of Property

Contract of Sale : A contract of sale is defined as a contract whereby one of the contracting parties binds himself to transfer to the other a thing for a price which the latter binds himself to pay to the former.

Contract of Donation : A donation is a contract whereby a person, called the donor, irrevocably and gratuitously transfers immovable property to another person, called the donee, who accepts it. The acceptance of such a donation is void unless it is made by public deed.

Contract of Emphyteusis : Emphyteusis is defined as a contract whereby one of the contracting parties grants to the other, in perpetuity or for a time, a tenement for a stated yearly rent or ground-rent which the latter binds himself to pay to the former, either in money or in kind, as an acknowledgment of the tenure.

Contract of Exchange : A contract of exchange is an agreement whereby one immovable property is exchanged for another. A contract of exchange is in essence an agreement involving the sale of property and therefore the rules which apply to a contract of sale also apply to a contract of exchange.

Contract of Partition : A partition is possible when there are two or more properties held in common and each co-owner is given his or her share in one of the properties by the other co-owners, by exchanging their individual shares. This leads to the individual ownership of each property and the removal of all rights which appertained to the others. A partition cannot be entered into except with the consent of all co-owners.

Successions ('Causa Mortis')

Succession is the transmission of the immovable property of a deceased person to a living person. This is called a transmission ‘Causa Mortis’.


A will, whether public or secret and whether done individually or in unica charta form, is the only legal instrument which regulates the manner in which the testator’s estate will be disposed of on the death of the testator.

Contract of Lease
A well written lease agreement spells out the rights and responsibilities of both lessor and lessee, and it also helps avoid future disputes. Since 2010, nothing said or agreed orally will change any part of the written lease unless it is put down in writing and signed by both parties.

Matrimonial Regimes

The law offers future spouses a choice as to which matrimonial regime should regulate their property.

Private Writings

Private writings are agreements which create, regulate or even dissolve obligations.

There are certain agreements which require, on pain of nullity, to be expressed at least as a private writing for them to be valid, for example this is in the case of a lease agreement and a promise of sale agreement.

Power of Attorney

A power of attorney is a contract whereby a person gives to another the power to do something for him or her.

A power of attorney is either special, if it authorises the mandatory to perform one matter or more acts on behalf of the mandator, or general, if it authorises the mandatory to carry out all the affairs of the mandator.

Voluntary Organisations

The setting up of voluntary organisations is regulated by the Voluntary Organisations Act, chapter 492 of the Laws of Malta. The Second Schedule of the Civil Code (Chapter 16 of the Laws of Malta) regulates legal persons, legal associations and foundations.

A voluntary organisation is not obliged to enrol with the commissioner of voluntary organisation, nor is it obliged to register as a legal person. However, it is beneficial for an organisation to enrol since that organisation will then qualify for certain privileges.


An affidavit is a written sworn statement or declaration voluntarily made by an individual under oath.

Consensual Separation

A consensual separation is reached between two spouses when they enter into an amicable agreement in the form of a personal separation agreement.

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Acknowledgement of children born out of wedlock
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