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S.L. 55.6 · Examination Of Title Regulations (S.L. 55.6)

S.L. 55.6 Art. 4Exemptions.

In KraftAmtlicher Text

A notary shall ipso iure be exempt from examining the title to an immovable which is the subject-matter of any of the following acts he publishes:

(a) a donation made between persons related to each other by consanguinity or affinity in the direct line to any degree and, or to their respective spouses, and in the collateral line up to the third degree inclusively and, or to their relative spouses;

(b) the constitution of the right of usufruct, use or habitation between any of the persons mentioned in paragraph (a);

(c) a transfer ordered by a competent Court or tribunal;

(d) an acquisition under any title from the Government of Malta or the Church, whatever the root of title;

(e) an acquisition under any title from the Housing Authority or other body established by law, whatever the root of title;

(f) an acquisition under any title, whatever the root of title, by the Government of Malta, by any corporate body established by law or, as may be authorized in each case by the Minister responsible for notarial affairs in terms of article 22(3) of the Act, by any partnership or any other body in which the Government of Malta or any such corporate body as aforesaid has a controlling interest or over which they have effective control;

(g) an acquisition of the perpetual directum dominium;

(h) a partition;

(i) an assignment between spouses consequent to the termination of the community of acquests even where the assignment includes immovables which did not form part of the community of acquests.

Änderungsgeschichte
  • Amended by L.N. 157 of 2018