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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 1509Emphyteuta not freed from his obligations unless alienee is acknowledged by dominus. Obligations of alienee even if not acknowledged.

Title VIII

In forceOfficial text

(1) Where the emphyteuta makes any such disposal without the consent of the he shall not be released from dominus, his obligations towards the dominus himself unless the latter acknowledges the alienee.

(2) The alienee, however, although not acknowledged by the is personally bound towards him for the payment of the dominus, whole amount of ground-rents which fall due during his tenure, and for the repair of all damages which take place during such tenure;

but he is not liable for the ground-rent which fell due, or for the damages which took place previously to such tenure; saving always, even in respect of such ground-rent and damages, the rights of the on the emphyteutical tenement, on the fruits and on dominus the value of all things which serve for the furnishing or stocking or for the cultivation of the tenement, to whomsoever such things may appertain: Provided that such rights shall not be available to the proprietor 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 liable for the payment of the debt.

Amendment history
  • Amended by LVIII.1975.9