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maltacivillaw

Judgement on the Right to Enforce a Promise of Sale Agreement Litigation & Dispute ResolutionReal Estate & Construction

Judgement on the Right to Enforce a Promise of Sale Agreement

In a judgement delivered on the 5th December 2025 having application number 1187/2023(HM), the Civil Court, First Hall affirmed that for a contracting party to enforce a  promise of sale agreement and invoke the right of action as contemplated under the Civil Code, Chapter 16 of the Laws of Malta, that party must be in a position to appear on the final deed of sale. The right of action for the enforcement of a promise of sale agreement features in Article 1357(2) of the Civil Code, which  provides that, “The effect of such promise shall cease on the lapse of…
Veronica Grixti and Clarice Debono
22nd December 2025
MFSA Issues Circular on Proposed Changes to the Companies Act (Cell Companies Carrying on Business of Insurance) Regulations
The Action of Unjustified Enrichment Litigation & Dispute Resolution

The Action of Unjustified Enrichment

The action of unjustified enrichment, also known as the actio de in rem verso, dates back to Roman Law and despite the fact that it was formally included in the Maltese Civil Code in 2007 by means of Article 1028A, it has always been accepted by the Maltese Courts. The notions of equity and fairness serve as the foundation of this action. One should be compensated for the benefit gained by an individual without a just cause to the detriment of the former. Owing to its quasi-contract nature, the obligation does not arise from a contract and therefore, in line…
Klara Cachia
22nd September 2022