Civil Code (Cap. 16)

legislation.mt (official source) · last checked 2026-10-09 · new edition loaded 2026-10-09 · 1003 articles

Art. 1A(1) Persons may either be natural persons or legal persons. (2) When used in any law the term "person" shall i
Art. 1BThe provisions of this Code and of any subsidiary legislation made thereunder shall also apply, in accordance
Art. 2(1) The Law promotes the unity and stability of the family. (2) The spouses shall have equal rights and shall
Art. 3Both spouses are bound, each in proportion to his or her means and of his or her ability to work whether in th
Art. 3A(1) The matrimonial home shall be established where the spouses may by their common acco rd determine in accor
Art. 3B(1) Marriage imposes on both spouses the obligation to look after, maintain, instruct a nd educate the childre
Art. 4(1) The spouses shall, upon marriage, elect: (a) to adopt for both of them the surname of either one of the pa
Art. 4A(1)The children born to spouses who had applied for the publication of banns from the date of coming into forc
Art. 6The duty of one spouse to maintain the other shall cease if the latter, having left the matrimonial home, with
Art. 6A(1) In case of any disagreemen t either spouse may apply to the competent court for its assi stance and the pr
Art. 7(1) Parents are bound to look after, maintain, instruct and educate their children in the ma nner laid down in
Art. 8The children are bound to maintain their parents or other ascendants, who are indigent. Duties of spouses towa
Art. 9A spouse shall not withhold his or her moral support to the other in any obligation such other spouse may have
Art. 10Repealed by: XXI.1993.7. Effect of death of spouse from whom affinity derived and of children of marriage crea
Art. 12Where, according to the foregoing provisions of this sub- title, there are more persons liable for maintenance
Art. 13(1) The obligation of such persons as according to the order set forth in the last prec eding article are plac
Art. 14(1) Where several persons claim maintenance from a person who is unable to supply maintenance to all of them,
Art. 15(1) The liability for maintenance shall extend to Siblings, of the full or half-blood, only in default of othe
Art. 16(1) The liability for maintenance, by reason of consanguinity, shall only exist as between the persons, and in
Art. 17(1) Where a sibling has received maintenance, and, within ten years of the last supply thereof, becomes able t
Art. 19(1) Maintenance shall include food, clothing, health and habitation. (2) In regard to children and other desce
Art. 20(1) Maintenance shall be due in proportion to the want of the person claiming it and the m eans of the person
Art. 21(1) Where the person supplying maintenance becomes unable to continue to supply such maintenance, in whole or
Art. 21AThe Minister responsible for justice may make regulations establishing the method by which maintenance due und
Art. 22(1) Where maintenance has be en furnished, no action will lie for the repayment of such part thereof as may ha
Art. 23(1) The person bound to supply maintenance may not, without just cause, be compelled to pay a maintenance allo
Art. 24It shall not be lawful for any person to claim maintenance from any of the persons liable thereto by reason of
Art. 25(1) Upon a claim for maintenance, it shall be lawful for the court, pendente lite , to order the defendant to
Art. 26Repealed by: XXI.1993.15. When obligation to supply maintenance ceases. Amended by: XXI.1993.16.
Art. 27(1) The obligation of any person to supply maintenance to another shall cease if the person in whose favour su
Art. 28For the purposes of the last p receding article, the want of the necessary means of subsisten ce, having regar
Art. 29Where the marriage has been celebrated with a total or partial dispensation from the previous publication of b
Art. 30Repealed by: XXI.1993.18. Where liability for maintenance ceases in regard to husband or wife or children of p
Art. 31Repealed by: XXI.1993.18. CIVIL CODE [CAP. 16. 19 Grounds on which parents may refuse maintenance to children.
Art. 32Besides the ground referred to in article 27, parents or other ascendants may refuse maintenance to children o
Art. 33It shall be lawful for any person to refuse maintenance to a brother or sister, on the ground of any grievous
Art. 35(1) By personal separation pronounced by a judgment, or authorised by a decree, of the co mpetent civil court,
Art. 36Personal separation may not take place except on the demand of one spouse against the other and on any of the
Art. 37(1) All suits for personal separation shall be brought before the appropriate section of the Civil Court as ma
Art. 38Either of the spouses may demand separation on the ground of adultery on the part of the other spouse. CIVIL C
Art. 39Where a law suit for personal separation has been filed by either spouse, or a law suit for access, and, or, c
Art. 40Either of the spouses may demand separation on the grounds of excesses, cruelty, thre ats or grievous injury o
Art. 41Either of the spouses may also demand separation if, for two years or more, he or she shall have been deserted
Art. 42(1) The action for separation shall be extinguished by the reconciliation of the spouses. (2) Nevertheless, wh
Art. 43The death of either of the spo uses shall, except in the case in which the judgment of separation may produce
Art. 44The existence of grounds on which both spouses may demand separation shall not operate so as to bar either of
Art. 45Nevertheless, where it appears that the defendant also had grounds on which he or she might have demanded sepa
Art. 46During the pendency of the action for separation, either spouse, whether plaintiff or defendant, may leave the
Art. 46ADuring the pendency of the action for separation, either spouse, whether plaintiff or defendant, may demand fr
Art. 47During the pendency of the actio n the court shall give such directions concerning the custo dy of the childre
Art. 47A(1) When in accordance with article 46, during the time when the cause for separation is pending, one of the p
Art. 48(1) The spouse who shall have given cause to the separation on any of the grounds referred to in articles 38 a
Art. 49Repealed by: XXI.1993.30. CIVIL CODE [CAP. 16. 23 Where husband gives cause to separation. Amended by: LVIII.1
Art. 51Where separation is granted on any of the grounds mentioned in article 40, it may produce any of the effects m
Art. 52It shall also be in the discretion of the court to determine, according to circumstan ces, whether the prov is
Art. 53The spouse who has obtained separation shall retain every right or benefit which he or she may have acquired f
Art. 54(1) The spouse against whom the separation is pronounced shall not, as a result of such separation, be relieve
Art. 55(1) The court may, at any time during the cause for separation, upon the demand of any of the spouses, order t
Art. 55A(1) In pronouncing the judgement of separation, the court shall on the demand of either of the parties, order,
Art. 56(1) On separation being pronounced the court shall also direct to which of the spouses c ustody of the childre
Art. 56AThe Court may, for grave reasons, at any time during the cause for separation, and or, divorce, or when the pa
Art. 57(1) Whosoever may be the person to whom the minor children are entrusted, the spouses shall maintain their rig
Art. 58(1) The court may , where it shall deem it expedient so to do in the interest of the spouses and the children,
Art. 59(1) Personal separation may, subject to the authority of the court by means of a decree in accordance with art
Art. 60(1) The court, on authorizing the separation, shall in the decree give its directions as to the person in whos
Art. 61(1) Any agreement between the spouses respecting the custody of the children may at any time, on the demand of
Art. 62(1) Notwithstanding the provisions of article 4, the spouses may, on separation, choose to revert to their sur
Art. 62APersonal separation shall only be operative in regard to third parties from the day on which the judgment or t
Art. 63The spouses separated whether by a judgment or by mutual consent may at any time reunite, and thus put an end
Art. 64(1) V oluntary cohabitation shall operate as a reunion, and shall restore the obligations of cohabitation and
Art. 65Any such deed may take place even after the spouses shall have returned to cohabitation, but, in any such case
Art. 66In all cases, the effects of the separation shall not cease in regard to third parties, except from the day on
Art. 66A(1) Each of the spouses shall have the right to demand divorce or dissolution of the marriage as provided in t
Art. 66B* Without prejudice to the following provisions of this article, divorce shall not be granted except upon a de
Art. 66CAfter the court considers the requirements of article 66B to have been satisfied, the court shall hear and dec
Art. 66D(1) Without prejudice to the other provisions of this Sub- Title, where an application for divorce is made by
Art. 66EWithout prejudice to the other provisions of this Sub-Title, where the court, on the demand of one of the part
Art. 66F(1) Each party in a cause for separation may, at any time during the cause, but not after the cause has been a
Art. 66G(1) The advocate assisting the applicant shall, before commencing proceedings accordin g to article 66B, where
Art. 66H(1) The advocate assisting the respondent shall, without delay after receiving instructi ons from the responde
Art. 66I(1) Where a demand for divorce is made to the competent civil court by either of the spouses, or by both spous
Art. 66J(1) The Minister may make regulations establishing a register of persons qualified to assist the parties invol
Art. 66KAny verbal or written communication made between the spouses or made by a third party in the course of an atte
Art. 66L(1) When the competent civil court pronounces a divorce between the spouses, they shall have the right to rema
Art. 66MWhen the party receiving main tenance, whether by virtue of an order of the court or by virtue of a contract o
Art. 66N(1) Notwithstanding the provisions of any other law, the courts of civil jurisdiction shall have jurisdiction
Art. 67A child conceived in wedlock is held to be the child of the spouses. Presumption of conception during wedlock.
Art. 68A child born not before one hundred and eighty days from the celebration of the marriage, nor after three hund
Art. 69The spouse who has not given birth cannot repudiate a child born before the lapse of one hund red and eighty d
Art. 70(1) Any spouse, except for the spouse who gave birth to the child, may bring an action to repudiate a child bo
Art. 70A(1) Whenever the clarificati on of natural parentage of a child is required: (a) the spouse may require the sp
Art. 73Where it is competent for the spouses to bring an action to disown a child, they must bring such action: (a) w
Art. 74Where any one of the spouses dies without having brought the action for disavowal, but before the expiration o
Art. 75(1) The action for disavow al shall be directed - (a) against the child if he is of age; or (b) if the child i
Art. 76The filiation of a child born three hundred days after the dissolution or annulment of the marriage may be imp
Art. 77Without prejudice to the provisions of article 81, the filiation of a child born in wedlock may also be impeac
Art. 77AWithout prejudice to the provisions of article 81, any person claiming to be the natural parent of a child bor
Art. 77BA judicial demand for a declaration of parenthood as mentioned in the previous article may also be exercised b
Art. 77CIn the cases referred to in articles 77, 77A and 77B the person claiming to be the natural parent of the child
Art. 77DIn actions which are referred to in articles 77, 77A, 77B and 77C, the court may invite t he parties to submit
Art. 78(1) The filiation of children conceived or born in wedlock is proved by the act of birth re gistered in the Pu
Art. 79In default of evidence as provided in the last preceding article, the continued possession of the status of a
Art. 80(1) Such possession shall be established by a series of facts which, collectively, go to show the connection o
Art. 81(1) No person may claim a status contrary to that which is attributed to him by the act of birth as a child co
Art. 82In default of the act of birth a nd the possession of status, or if the child shall have been registered under
Art. 83Proof to the contrary may be made by evidence tending to show that the claimant is not th e child of the perso
Art. 84No prescription shall run for an action for a child to establis h his proper filiation. When action may be bro
Art. 85(1) Nevertheless, where the child failed to bring such action, it may not be brought by his heirs or descendan
Art. 86(1) A child conceived or born out of wedlock may be acknowledged by the parents, e ither jointly or separately
Art. 86A(1) The parent who gave birth to a child conceived or born out of wedlock who is not acknowledged by the paren
Art. 87(1) The acknowledgment of a child conceived and born out of wedlock may be made in the act of birth, or by any
Art. 89A child conceived and born out of wedlock born to a spouse before or during marriage, and acknowledged during
Art. 90(1) The parent who has ackno wledged a child conceived and born out of wedlock shall have in regard to him all
Art. 91In default of parental authority, the appointment of a tutor to a child conceived and born out of wedlock shal
Art. 92(1) If a child conceived and born out of wedlock has been acknowledged by the parent who did not give birth, t
Art. 93Without prejudice to the provisions of article 89, parents of children conceived and born out of wedlock shall
Art. 95Repealed by: XVIII.2004.15. Rights of parent to refuse maintenance where child refuses to follow directions of
Art. 96The parent, whether he or she has acknowledged the child or not, may deny maintenance if such child refuses, w
Art. 97It shall also be lawful for the parent, whether he or she has acknowledged the child or not, to deny maintenan
Art. 98Repealed by: XVIII.2004.17. Acknowledgement may be impeached by child. Amended by: XVIII.2004.18.
Art. 99An acknowledgment of a child conceived or born in wedlock may be impeached by the child as well as by any othe
Art. 100A judicial demand for a declar ator of paternity or maternity may also be contested by any party interested. 4
Art. 100AI n causes to which this Sub-Titl e makes reference, the court may, without prejudice to any evid ence that ma
Art. 100B(1) Children adopted jointly by partners to a civil union contracted between persons of the same sex under the
Art. 101Where parents of children conceived and born out of wedlock subsequently marry, or where the court of voluntar
Art. 102The presumption arising out of subsequent marriage in accordance with the preceding article shall not take pla
Art. 103Children deemed to have been conceived or born in wedlock by subsequent marriage o f their parents shall be ve
Art. 104Where the acknowledgment or judicial declarator takes place after the marriage, the chil dren shall only acqui
Art. 105The marriage of the pare nts shall bring about the presumption that even their pred eceased children were conc
Art. 106The presumption in virtue of a d e c r e e o f t h e c o u r t s h a l l take effect by virtue of the decree i
Art. 107The presumption referred to in the last preceding article may not be granted unless - (a) it is demanded by th
Art. 108The Court shall have power, according to circumstances, to refuse to apply the presumption in virtue of a decr
Art. 109The presumption shall, upon the demand of the registrar of the said court, be registered in the Public Registr
Art. 110Subject to the provisions of article 92, a child in whose favour there is a presumption in virtue of a decree
Art. 111(1) Subject to any other provision of this Code in regard to succession, the parent and the child in whose fav
Art. 112Where one of the parents has, in a will or other public deed, declared his or her wish t o have the presumptio
Art. 113(1) For the purposes of this Title and of any regulations made thereunder a person shall be deemed to make or
Art. 114(1) Adoption may only take place with the authority of the competent court (h ereinafter in this Title referre
Art. 114A(1) When an application for an open adoption is made, the Court shall refer the case to the Adoption Service w
Art. 115(1) An adoption decree shall not be made unless the applicant or, in the case of a joint application, one of t
Art. 116(1) Except where the applicant or one of the applicants is a parent of the person to be adopted, an adoption d
Art. 117(1) The court may dispense with any consent or with any hearing required by article 115 if it is satisfied - (
Art. 118(1) Where any parent or the person to be adopted does not attend in the proceedings on an application for an a
Art. 118AIn all cases where the parents of a minor show their intention that the minor is given up for adoption, with t
Art. 119(1) The court before makin g an adoption decree shall be satisfied - (a) that every person whose consent is ne
Art. 120(1) Upon an application for an adoption decree of a person to be adopted, the court sh all appoint such person
Art. 120AWithout prejudice to the functions of the Children’s Advocate under any other law, t he Children’s Advocate sh
Art. 121Upon an adoption decree being made - (a) the person in respect of whom the adoption decree is made shall be co
Art. 121AUpon an adoption decree being made, a copy shall be served upon the Central Authority: Provided that in case o
Art. 122(1) Where an adoption decree is made, any judgement, decree or order for the payment of maintenance in force w
Art. 124Upon an adoption decree being made, the person in respect of whom the adoption decree is made shall assume the
Art. 125(1) Every adoption decree shal l contain a direction to the Director of the Public Registry to make in the Ado
Art. 126(1) Where any person adopted by any one of the parents alone has subsequently become a person presumed to have
Art. 127(1) The court by which an adoption decree has been made may, on the application of the adopter or of the adopt
Art. 127A(1) An adopter or an adopted person who has attained eighteen years of age may apply to the court for a copy o
Art. 128( 1 ) N o p e r s o n s h a l l m a k e o r g i v e o r a g r e e o r o f f e r t o make or give, or receive o
Art. 128A(1) No person shall, without the approval in writing of an accredited agency, publish or cause to be published
Art. 128B(1) Notwithstanding the provisions of any other law, any person who knowingly makes a false statement, whether
Art. 128CNotwithstanding the provisions of any other law, a person who impersonates or falsely repr esents himself to b
Art. 128DIf in any adoption proceedings a person files a document purporting to indicate the consent to the adoption or
Art. 128EA person who uses or threatens to use any force or restraint or injures or threaten s to injure, or causes or
Art. 128FA parent who consents to the adoption of his child and proceeds to remove the child from the care and custody
Art. 129The Minister may m ake regulations- (a) for prescribing anything which by this Title is authorized or required
Art. 130(1) Subject to sub-article ( 2), where an intercountry adoption is to be treated as an adoption in accordance
Art. 130ANotwithstanding the foregoing provisions of this Title, where an intercountry adoption is regulated by the pro
Art. 131(1) A child shall be subject to the authority of his parents for all effects as by law established. (2) Saving
Art. 132(1) A child shall obey his parents in all that is permitted by law. (2) Saving any other provision of law resp
Art. 133(1) Nevertheless, it shall be lawful for the competent court as may be prescribed by or under any law in force
Art. 134(1) It shall be lawful for the parents, if they are unable to control the child, to remove him from the family
Art. 135The parents jointly represent their children, whether born or to be born, in all civil matters. Parents’ power
Art. 136(1) The parents jointly administer the property of their children, whether born or to be born, except such as
Art. 137(1) Any inheritance devolving on the children, shall be accepted by the parents with the benefit of inventory,
Art. 138Where any act is performe d in contravention of the provisions of the foregoing articles, the nullity thereof
Art. 139In case of conflicting interests between the children, or between the children and either parent, the competen
Art. 140(1) The parents are bound to render to the child, on the latter attaining majority, an account of the property
Art. 141(1) The parents shall have the usufruct of such property as devolves on the child by succ ession, donation, or
Art. 142The following property shall not be subject to the legal usufruct: (a) property bequeathed or given to the chi
Art. 143The usufruct vested in the parents shall be subject to the following obligations: (a) all obligations to which
Art. 144(1) The usufruct of the paren ts shall cease on the death of the child or on the marriage or remarriage of the
Art. 145Where the usufruct ceases, a nd the parents, or either of them, continue or continues to enjoy the property of
Art. 146(1) In the event of the death of one of the parents, parental authority shall vest solely in the surviving par
Art. 147(1) If a parent, on remarriage, continues to administer the property of the children, wheth er or not such par
Art. 148Repealed by: XXI.1993.59. Power of court to give directions notwithstanding other provisions. Substituted by:
Art. 149Notwithstanding any other provision of this Code, the court may, upon good cause being shown, give such direct
Art. 150Parental authority ceases ipso jure in each of the cases following: (a) on the death of both parents or of the
Art. 151In any of the cases referred to in paragraphs ( e) and ( f) of the last preceding article, it sh all be lawful
Art. 152The court may, on good cause, dispense with the inventory required under paragraph (f) of article 150, and dir
Art. 153Moreover, the court may, upon a demand made by the parent, either before or after h is remarriage or, in the c
Art. 154(1) Saving any other punishment to which he may be liable according to law, a parent may be deprived, by the s
Art. 155The usufruct of the property of the child shall cease upon the forfeiture of any of the rights of parental aut
Art. 156(1) Where a minor, who has attained the age of sixteen years, has been authorized under article 9 of the Comme
Art. 158Any minor, whose parents have died or have forfeited parental authority and who has not married, is subject to
Art. 159(1) A tutor is appointed by the court on the demand of any person. (2) In appointing a tutor the court shall t
Art. 160Where among the relatives of the minor there are competent persons, the court sha ll appoint one of such perso
Art. 161(1) It shall be lawful for the court to appoint more than one tutor. (2) Where more than one tutor h ave been
Art. 162In case of conflicting interes ts between minors subject to the same tutors, or between them and the tutors, t
Art. 163The following persons cannot be appointed tutors: (a) persons who have not attained majority; (b)p e r s o n s
Art. 164(1) The judges and the magistra tes are not eligible for the office of tutor, except in the case of their own
Art. 165The following persons are en titled to be exempted from accepting or continuing i n the office of tutor: (a) m
Art. 166It shall also be lawful for the court for any of the causes mentioned in the last preceding article or for any
Art. 167(1) The court shall, before appointing a person to the office of tutor, direct such person to make an inventor
Art. 168(1) It shall be lawful for the court, when it deems it expedient, in the decree of appointment, to impose on t
Art. 169(1) The court may suspend or remove any tutor or curator from his office on any of the grounds mentioned in pa
Art. 170(1) If, at the time of the death of any one of the spouses without issue, the surviving spouse declares that s
Art. 171The court may at any time grant to the tutor, or to the curator mentioned in the last preceding article, a mod
Art. 173The court shall, as appropria te, prescribe the place in which the minor is to be brought up, the education wh
Art. 174(1) Where the tutor has serious reasons for being dissatisfied with the conduct of the minor, the provision of
Art. 175(1) The minor shall obey the tutor in all that is permitted by the law. (2) Where the tutor abuses his authori
Art. 176The court may, even though the requirements laid down in article 167 have not yet been complied with, authoriz
Art. 177(1) The tutor shall, within the time of three months from his appointment, sell all such movable property of t
Art. 178(1) The court may order any p recious articles which the tutor shall have been authorized to keep, to be depos
Art. 179(1) Any commercial or industrial establishment comprised in the estate of the m inor shall be sold and liquida
Art. 180(1) It shall not be lawful for the tutor, without the authority of the court, to collect or transfer any capit
Art. 181(1) The tutor shall, after deducting the expenses necessary for the minor, profitably invest the income or oth
Art. 183(1) Where the administration terminates for any other cause than that referred to in article 158, the tutor sh
Art. 184If the tutorship terminates fo r any of the causes mentioned in article 158 the account shall be rendered to t
Art. 186Subject to the provision of article 2157, all actions competent to the minor against the tutor, or competent t
Art. 187(1) The nullity of any act performed in contravention of the provisions contained in this Title, touching the
Art. 188A(1) Notwithstanding the provisions of Sub-title II on Interdiction and Incapacitation, a major who has a menta
Art. 188BA guardian shall: (a) be responsible to safeguard the personal and proprietary well being of the person to who
Art. 188C(1) The provisions of this Sub-title shall be construed and interpreted and every function, p ower, authority,
Art. 188DThe Minister, in conjunction with the Minister responsible for the Rights of Persons with Disability and the M
Art. 189(1) A major who is a person with a mental disorder or other condition, which renders him incapable of managing
Art. 190(Deleted by Act II.2012.14). CIVIL CODE [CAP. 16. 85 Interdiction of minor. Substituted by: XXIV .2012.4.
Art. 191(1) A minor under tutorship may be placed under the guardianship or interdicted or incapacitated in the last y
Art. 192The nullity of the acts performed by the person interdicted or incapacitated after the interdiction or incapac
Art. 193A person who has ceased to appear in Malta and has not been heard of shall, for the purposes of the provisions
Art. 194The presumptive heirs of an absentee, or any other person interested, may apply to the competent court in the
Art. 195Upon any such application, the court shall direct that an edict, drawn up according to Form A in Part II of th
Art. 196(1) Any information respecting the absentee may be given either in writing, in any form, or orally. (2) Where
Art. 198The court may, at any time, after the application referred to in article 194, authorize any competent person t
Art. 199(1) Upon the completion of the inventory or description, the court shall, before allowing the application, dir
Art. 200(1) The persons who according to the provisions of article 163 are not competent for the office of tutor, shal
Art. 201(1) It shall be in the discretion of the court to appoint two or more curators. (2) In any such case the provi
Art. 202(1) The curator shall render an account of his administration to the absentee, if he returns, or if he appoint
Art. 203(1) The curator shall represent the absentee in civil acts and shall manage his property as a bonus paterfamil
Art. 204(1) Where the absentee has left an attorney for the management of his property, the court shall, during the ti
Art. 205After the lapse of three con tinuous years from the day the absentee was last heard of, or o f six years, if t
Art. 207After the lapse of six months from the publication of the edict, the court, in default of any information resp
Art. 208The testamentary heirs of the absentee or their heirs, or where the will does not contain any institution of h
Art. 209(1) Where there is no secret or public will, the demand referred to in the last preceding article, may be made
Art. 210The edict prescribed in articles 206 and 209 shall be published and posted up twice, w ith an interval of at l
Art. 211When the demand by the heirs to be vested with the provisional possession of the property, has become competen
Art. 213Where any of the presumptive heirs or other persons 88 [CAP. 16. CIVIL CODE having rights on the property of t
Art. 214The spouse of the absentee, in addition to what is due to him or her in virtue of the marriage contract, or by
Art. 215The persons vested with the provisional possession of the property of the absentee, and their successors, shal
Art. 216(1) The persons vested with the provisional possession of the property of the absentee shall take the necessar
Art. 217(1) The persons vested with the provisional possession of the property of the absentee may not, without the au
Art. 218(1) Where the persons vested with the provisional possession of the property, or a llowed to exercise their ri
Art. 219(1) If, during the period of provisional possession, any person shall prove that, at the time of the grant of
Art. 220(1) If the absentee reappear s , o r i f h i s e x i s t e n c e i s established, the effects of the provision
Art. 221If, during the period of provisional possession, the time of the death of the absentee is est ablished, his su
Art. 222After the grant of provisional possession, any person having any claim against the absentee shall bring forwar
Art. 223If the absence has continued for a period of six years since provisional possession has been gr anted, or if a
Art. 224The provisions of the last preceding article, or, as the case may be, the declaration of the opening of the su
Art. 225It shall be lawful for the persons placed in absolute possession of the property or allowed the absolute exerc
Art. 227The children or descendants of the absentee may, likewise, within the time prescribed in article 845, to be re
Art. 229No person may claim any right on behalf of any other person who is not known to be living, unless he proves th
Art. 230(1) Upon the opening of a succession to which a person who is not known to be living is entitled, wholly or in
Art. 231The provisions of the last t wo preceding articles shall apply, without prejudice to the right to maintain an
Art. 232So long as the absentee does not appear, or no actions competent to him are brought in his behalf, those upon
Art. 233(1) Where any of the children of the absentee are minors, and are not subject to parental authority, it shall
Art. 234(1) Upon the birth, marriage or death of any person, an act in the respective form annexed hereto, containing
Art. 235The provisions of the last pr eceding article shall not apply in the case of the death of any person belonging
Art. 236Acts of birth or death shall be drawn up by the officers appointed by the Minister responsible for the Public
Art. 237Acts of marriage shall be drawn up and signed as provided in article 293. Registers. Amended by: VII.1982.2; X
Art. 238(1) In the Public Registry Office in Malta and in Gozo, there shall be kept five registe r books: one for the
Art. 239(1) In the Public Registry Of fice in Malta, there shall be registered all acts of birth, marriage and death w
Art. 240(1) On every act delivered t o him for registration, the Director of the Public Registry shall write a progres
Art. 241Each description of acts shall have a distinct numbering, beginning from the first and ending with the last ac
Art. 242(1) The Director shall not receive any act which is not written in clear and legible c haracters, or which con
Art. 243(1) The provisions of the la st preceding article shall apply to any certificate of bapti sm, delivered to the
Art. 244(1) Any act of birth, marriage, union of equivalent status as defined in the Civil Unions Act or death of a ci
Art. 245(1) The acts shall be recorded in the respective register books, consecutively in the order in which they are
Art. 246(1) The Director shall, on the last page of each register book, make a declaration to the effect that the regi
Art. 247The Director shall register eve ry act within thirty working days from its receipt: Provided that this article
Art. 248Where before signing the declar ation referred to in article 246, or any note, it shall be necessary to correc
Art. 249Every act or document receive d shall, even after it is registered, be preserved. Index. 250. (1) In the Publi
Art. 251(1) The register books, acts and documents referred to in the foregoing articles, shall be open to inspection
Art. 252(1) The registers and any extracts thereof as well as the certificates signed by the Director, manually or ele
Art. 253(1) It shall be lawful for any person to bring an action for the correction or cancellation o f any registrati
Art. 254(1) Fifteen days at least before the hearing of the action referred to in the last preceding article, a notice
Art. 255The provisions of the last t wo preceding articles shall not affect the provisions contained in articles 960,
Art. 256(1) Any correction, cancellation or registration ordered by the court shall be made by the D irector within th
Art. 257(1) Notwithstanding the provisions of articles 253 to 256, both included: (a) the correction of a registration
Art. 257B(Deleted by Act XI.2015.18). Changes in act of birth and effects thereof. Added by: XVIII.2004.37. Amended by:
Art. 257C(Deleted by Act XI.2015.18). Consequential correction of identity card. Added by: XVIII.2004.37. Amended by: L
Art. 257D(Deleted by Act XI.2015.18). Correction of errors after declaration referred to in article 246. Amended by: XX
Art. 258Where it is found after the D irector shall have signed the declaration referred to in articl e 246, that an e
Art. 260(1) The registers as well as the acts and documents annexed thereto shall be inspected twice in every year by
Art. 261The court shall in the course of such inspection, ascertain whether the provisions of this Title have been com
Art. 262Any person required by the competent officer to give information concerning the particulars required for the d
Art. 263Any person who, either of his own accord or when questioned by the competent officer, knowingly makes any fals
Art. 264Whosoever shall, except in the cases provided in the foregoing articles, offend against any of the provisions
Art. 265If, after undergoing punishment, the offender shall persist in refusing to answer any question put to him unde
Art. 266(1) Nothing in the foregoing articles contained shall affect the application of any heavier punishment as prov
Art. 267Where several persons are bound to give notice, or to make a declaration, or to perform any other act, and the
Art. 268The fees established in Part I of the First Schedule to this Code may from time to time be amended, substitute
Art. 269(1) There shall be maintained at the Public Registry Office in Malta and in Gozo a reg ister, to be called the
Art. 270(1) A diplomatic or consular representative, when so requested by any person interested, shall, in respect of
Art. 271(1) The Minister responsible for the Public Registry may make regulations: (a) providing for the making of dup
Art. 272In the case of every child born, it shall be the duty of parents, and in default of both, of the physician, su
Art. 273(1) Notice of the birth may be given by transmitting to the said officer a certificate of baptism, signed by t
Art. 274Notice of the birth of a child may also be given by means of a letter signed by the person giving the notice b
Art. 275Where, under the provisions of the last preceding article, the notice of the birth is given personally by any
Art. 276Where notice of the birth is given by any person other than by any one of the parents of the child, or where s
Art. 277(1) In default of any one of the parents of the child, or if no notice has been given, the said officer shall
Art. 278(1) Every act of birth shall be drawn up in accordance with Form C in Part II of the First Schedule to this Co
Art. 278A(1) The Director of Public Registry may refrain from registering the name or names given to the child in the r
Art. 279(1) In the case of a child conceived and born out of wedlock, the name of the father shall not be stated in th
Art. 280(1) Where the person who gave birth to the child is married, the name of the other spouse shall be entered in
Art. 281(1) In the case of a child conceived and born out of wedlock, where notice of the birth of such child or the d
Art. 282(1) On the entry of the particulars concerning the birth of a child, the act shall be read t o the person maki
Art. 284It shall be lawful for the officer drawing up an act of birth to demand to see the child, b efore drawing up s
Art. 285(1) In the case of any birth at sea, on board a vessel registered in Malta, the master shall, within twenty-fo
Art. 285A(1) The Director of the Public Registry may, for humanitarian reasons only, register the birth of children tha
Art. 286(1) Nothing contained in article 285 shall affect the obligation of the parent who did not give birth, or, in
Art. 287(1) Where any new-born child is found, the officer charged with the duty of drawing up the acts of birth in th
Art. 288The officer drawing up an act of birth or a repertus, shall, within two days from the day on which such act or
Art. 289(1) Where, after an act of birth of a child conceived and born outside wedlock has been registered without ind
Art. 290(1) The presumption applicable to a person conceived and born out of wedlock in virtue of a rticle 102 shall a
Art. 291(1) The party making the request for any entry as provided in the last two precedi ng articles shall deliver t
Art. 292Where a presumptio n arising out of subsequent marriage applies to a child conceived and born out of wedlock,
Art. 292A(1)The person giving notice of the birth shall also deliver a declaration by the parents of the child indicati
Art. 293Where any marriage takes place, the parties contracting such marriage shall draw up or cause to be drawn up an
Art. 294The act of marriage shall, as soon as it is completed and signed, be delivered for registration to the person
Art. 295(1) Any judgment or other decision given by a competent court whereby a registered marriage is annulled or the
Art. 295A(1) The provisions of this Sub-title shall mutatis mutandis apply to civil unions contracted under the Civil U
Art. 296(1) On the death of any person, the physician or surgeon in attendance during the last illness who of his own
Art. 297In the case of death of any person who has not been attended by a physician or surgeon, it shall be the duty o
Art. 298(1) If after the disappearance of a person a magisterial enquiry is held and the enquiring magistrate is of th
Art. 299(1) If the absence of a person has continued for a period of six years since provisional possession has been g
Art. 300Whenever a final certificat e of death is drawn up and registered in accordance with article 298 or 299 and th
Art. 301The officer mentioned in article 296, howsoever he may have received information of the death of any person, s
Art. 302The said officer shall, for the purpose of collecting or ascertaining the particulars specified in the last pr
Art. 303(1) The superior officer of every hospital, asylum or other public charitable institution, shall take steps to
Art. 304(1) Where any person dies at sea, on board a vessel registered in Malta, the master shall, within twenty-four
Art. 305The officer drawing up an act of death, shall, within two days from the drawing up of the act, deliver the sam
Art. 306(1) Any officer who holds the degree of doctor of laws or equivalent qualification and either a warrant to pra
Art. 307All things which can be the subject of private or public ownership are either movabl e or immovable property.
Art. 308The things following are i mmovable by their nature: (a) lands and buildings; (b) springs of water; (c) condui
Art. 309The things mentioned in paragraphs (c), (d), (e) and ( f) of the last preceding article beco me movable as soo
Art. 310The following are immovables by reason of the object to which they refer: (a)t h e dominium directum or the ri
Art. 311(1) The words "immovable thing" or "immovable things", and the word "immovable" or "immovables" without any ot
Art. 313Materials derived from a building which has been demolished, or gathered for erect ing a new building, are mov
Art. 315The following things are movables by regulation of law: (a) shares or interests in commercial or industrial co
Art. 316The words "movable property or things", "movable effects" or "movable substance" used in any provision of law
Art. 317(1) The word "movables" used in any provision of law, without any other addition or indication restricting its
Art. 318(1) The word "furniture" comprises all furnishing movables, including the pictures and statues forming part of
Art. 319The expression "a house with all that it contains" shall include all movable things, excepting money or docume
Art. 321No person can be compelled to give up his property or to permit any other person to make use of it, except for
Art. 322(1) Save as otherwise provi ded by law, the owner of a thing has the right to rec over it from any possessor.
Art. 323Whosoever has the ownership of the land, has also that of the space above it, and of everything on or over or
Art. 324Any construction, plantation, or work, whether on or over or under the land, shall, unless the contrary is pro
Art. 325Every owner may compel his neighbour to fix, at joint expense, by visible and permanent marks, the boundaries
Art. 326Every owner may enclose his tenement, saving any right of easement to which other parties may be entitled. Add
Art. 327(1) The Government is the owner of: (a) all things which it acquires pursuant to the provisions of this Code o
Art. 328Usufruct is the real right to enjoy things of which another has the ownership, subject to the obligation of pr
Art. 329If the usufruct includes things which cannot be used without being consumed, such as money, grain, or liquids,
Art. 330(1) Usufruct may be constituted either by law or by the will of man; in the latter case, if the usufruct refer
Art. 331(1) Usufruct may be constituted even conditionally or for a specified period. (2) It may be constituted in fav
Art. 332The usufructuary has the right to take all kinds of fruits, whether natural, industrial, or civil, which the t
Art. 333(1) Natural fruits are those which are the spontaneous produce of the soil. The produce and increase of animal
Art. 334(1) Natural or industrial fru its hanging from branches or standing upon roots at the time when the usufruct b
Art. 335Civil fruits shall be deemed to be earned day by day, and shall belong to the usufructuary in proportion to th
Art. 337The usufructuary of a life annui ty is entitled to receive the payments which fall due from day to day during
Art. 338If the usufruct includes things which, without being consumed at once, are subject to gradual deterioration by
Art. 340A usufructuary may assign the enjoyment of his right whether gratuitously or fo r valuable consideration. Leas
Art. 341A lease of the property shall continue to be operative even after the termination of the usu fruct, provided s
Art. 342The usufructuary may also sell the fruits that are pending; and in such case, if the usufruct terminates befor
Art. 343The usufructuary is entitled to enjoy, in the same manner as the owner himself, any right of easement attached
Art. 344The usufructuary is also entitled to the enjoyment of any stone-quarry which is already opened and being worke
Art. 345The usufructuary shall have no right to any treasure-trove which may be found during the usufruct, saving the
Art. 346The owner may not by his own act or in any other manner whatsoever prejudice the ri ghts of the usufructuary.
Art. 347(1) The usufructuary cannot, at the termination of the usufruct, claim any compensation for the improvements o
Art. 348It shall be competent to the u sufructuary to bring any real action competent by law to the owner. § II. OF TH
Art. 349(1) The usufructuary takes the things subject to the usufruct in the condition in whi ch they are at the time
Art. 350The usufructuary may not com mence to exercise his rights over the things subject to the us ufruct before he h
Art. 351(1) The inventory shall be made up in the presence of the owner, or after his having been called upon to atten
Art. 352(1) It shall likewise be unlawful for the usufructuary, unless he has been exempted by th e act creating the u
Art. 353The following persons, however, are not bound to give security: (a) those whose usufruct derives from the law;
Art. 354The owner may demand the security, where required, either before or within one year after the usufructuary sha
Art. 355If the usufructuary fails to gi ve security, where required, within the time fixed by the cour t, the court sh
Art. 356The administrator shall sell the movables, investing at interest the proceeds thereof; h e shall likewise inve
Art. 357(1) The administrator may, with the consent of the owner and the usufructuary, deviate from the rule laid down
Art. 358If the usufructuary declares on oath that he has been unable to find security, the court may order that an urb
Art. 359(1) The administrator shall yearly render an account of his administration to the usufruc tuary, and pay the b
Art. 360The administrator may at an y time be removed for just cause, upon the demand either of the owner or of the us
Art. 361The usufructuary may at any time give security and take over the administration of the property. Fruits due to
Art. 362Delay in giving security shall in no case deprive the usufructuary of the fruits to which he may be entitled:
Art. 363The usufructuary is only liable for ordinary repairs. Extraordinary repairs shall be at the charge of the owne
Art. 364The repairs to walls and vaul ts, the replacing of beams, and the entire renewal of the roof, staircase, or pa
Art. 365(1) No action shall lie in favour of the usufructuary to compel the owner to carry out the repairs which are a
Art. 366(1) If the owner consents to carry out the extraordinary repairs, he shall be entitled to recover from the usu
Art. 367(1) The provisions of the last two preceding articles shall likewise apply in the case where a building or a p
Art. 368The usufructuary cannot preve nt the owner from carrying out, in the manner least inconvenient to the usufruct
Art. 369(1) The expense for the whitewashing of a building, or the cleansing of cisterns or sin ks, when ordered by th
Art. 370The usufructuary is bound to pay the ground-rent and all other annual charges upon the tenement. Usufructuary
Art. 371The usufructuary of one or m ore particular tenements is not bound to pay the debts for wh ich any of such ten
Art. 372(1) The usufructuary of an entir e estate, or o f a portion of an estate, is bound to pay, in proportion to hi
Art. 373(1) The costs of lawsuits relating to the usufruct exclusively shall be borne by the usufructuary. (2) The cos
Art. 374The usufructuary is bound, under pain of damages, to notify the owner, without delay, of any encroachment or o
Art. 375Where the subject of the usuf ruct is one or more animals, not forming a herd, and such ani mals perish withou
Art. 376(1) The same rule shall apply where the subject of the usufruct is a herd, and the whole herd perishes without
Art. 377(1) Where the subject of the usufruct is a ship and the usufructuary has failed to insure her, he shall be lia
Art. 378Usufruct terminates - (a) by the death of the usufructuary; (b) by the expiration of the time for which it was
Art. 379(1) Usufruct may also terminate by reason of the wrongful use which the usufructuary makes of his right, eithe
Art. 380(1) The duration of a usufruc t constituted in favour of a body-corporate, canno t exceed thirty years; and if
Art. 381Where the usufruct is granted until a third party shall attain a given age, it shall last for all that time, e
Art. 382Where the usufruct i s constituted in favour of two or more persons conjointly, in terms of articles 738 and 7
Art. 383The sale of the thing subject to the usufruct shall not operate so as to alter in any wa y the right of the us
Art. 384The creditors of the usufructuary may sue for a declaration of nullity of any waiver of the usufruct which the
Art. 385Where only a part of the thing subject to the usufruct perishes, the usufruct shall continue to be operative a
Art. 386(1) Where the only subject of the usufruct is a building, and such building falls down through age or is destr
Art. 387Where the subject of the usufruct is a ship, and the ship is in such condition as to be beyond repair, the usu
Art. 388The usufruct of an annuity or of a debt does not terminate on the repayment of the capital; the usufructuary m
Art. 389The rights of use and habita tion are acquired and lost in the same manner as the right of usufruct. Rights of
Art. 390The rights of use and habitation may not be created by the owner otherwise than by a public deed, and they sha
Art. 391Where the extent of the right o f use or of habitation is not fixed in the deed creating such right, the rules
Art. 392(1) Use is the real right of a person of making use of a thing belonging to another, or of taking the fruits t
Art. 393Habitation is the real right of a person to live with his family and according to his condition in a house bel
Art. 394For the purposes of the last two preceding articles, the word "family" shall also include the children born si
Art. 395(1) The grantee of a right of use or habitation shall make up an inventory and give security as provided in th
Art. 396The grantee of a right of us e or habitation shall in the enjoyment thereof act as a bonus paterfamilias. Liab
Art. 397(1) Where a person having the right of use of a tenement, takes all its fruits, or, having the right of habita
Art. 398(1) Where the ordinary quantity of the fruits of the tenement does not exceed the quantity which is necessary
Art. 399The rights of use and habitation may not be assigned or leased, and are not subject to the debts of the grante
Art. 400(1) An easement is a right established for the advantage of a tenement over another tenement belonging to anot
Art. 401Easements are created either by law or by act of man. Sub-title I E ASEMENTS C REATED BY L AW Easements create
Art. 402(1) Easements created by law for purposes of public utility are established by sp ecial laws or regulations. (
Art. 403(1) Tenements at a lower level are subject in regard to tenements at a higher level to receive such waters and
Art. 405(1) The owner of the higher tenement may cause the water which runs through the public road to be led into his
Art. 406The provisions of the last preceding article shall not apply in the case where one of the owners requires the
Art. 407A wall which serves to separate two buildings or a building from a tenement of a different nature must have a
Art. 409(1) In the absence of a mark or other proof to the contrary, a wall which serves to separate two buildings is
Art. 410(1) A dividing wall between courtyards, gardens, or fields, shall also be presumed to be common, in the absenc
Art. 411(1) The repairs to a common wall or its reconstruction shall be at the charge of all those who have a right th
Art. 412Where a common wall supports a building which the owner wishes to demolish, he may not release himself from hi
Art. 414Every co-owner may raise the height of a common wall, but he shall be liable fo r the expenses necessary - (a)
Art. 415Where the common wall is not in a condition to sustain the additional height, the person desiring to raise its
Art. 416In each of the cases mentioned in the last two preceding articles, the party raising the height of the wall is
Art. 417The neighbour who has not contributed to the raising of the height of a common wall may acquire co-ownership o
Art. 418(1) Every owner may also make common, in whole or in part, a wall contiguous to his tenement by reimbursing to
Art. 419It shall not be lawful for one of the neighbours - (a) to make, without the consent of the other neighbour any
Art. 420Any person may compel his neighbour to contribute to the construction or repair of walls separating courtyards
Art. 421Where a wall separates two ten ements, one of which is at a higher level than the other, the owner of the high
Art. 422Saving the provisions of article 418, where, in the cases referred to in the last two preceding articles, a ne
Art. 423Where the several storeys or other parts of a building belong to different owners, the contribution of each of
Art. 424Where a common wall or a ho use is reconstructed, any active or passive easement shall be maintained also with
Art. 425It shall not be lawful for one of the neighbours without the consent of the other to make in the party-wall an
Art. 426When the storeys of a house belong to different owners, each of such owners may, in his own storey, make, in t
Art. 427(1) The person in whose build ing there are stairs leading to the roof, is bound to raise at his own expense t
Art. 428Each of the neighbours is bound to carry out in his own tenement such works as may be necessary to prevent any
Art. 429In the absence of any title or mark to the contrary, any ditch between two tenements, if i t is proved to be p
Art. 430Where the earth excavated for the formation of the ditch, or the refuse accumulated therei n for a period of t
Art. 431Where the ditch serves for the drainage of the lands of one owner only, this shall be an indication that the d
Art. 432A common ditch shall be kept in repair at joint expense: Provided that it shall be law ful for any co-owner to
Art. 433The trees which are on the boundary-line between two tenements shall, in the absence of proof to the contrary,
Art. 434Every person may construct any wall or building on the boundary-line of his tenement, saving the right of the
Art. 435(1) Even where the construction is not made on the boundary-line, the neighbour may, if a distance of at least
Art. 437(1) It shall not be lawful for any person to plant in his own tenement tall-stemmed trees at a distance of les
Art. 438(1) A person over whose tenement the branches of the neighbour’s trees extend, may compel him to cut such bran
Art. 439It shall not be lawful for any person to dig in his own tenement, any well, cistern or s ink, or to make any o
Art. 440(1) Notwithstanding the observance of the distance prescribed in the last precedi ng article, whosoever makes
Art. 441(1) Any sink-pipe or any pipe for water dripping from the roofs, or for water raised by means of a pump or oth
Art. 442( 1 ) W h e r e a c i s t e r n e x t e n d s u n d e r t h e t e n e m e n t o f t h e neighbour, such neighb
Art. 443(1) It shall not be lawful for the owner of any building to open windows at a distance of less than seventy-si
Art. 444(1) It shall not be lawful for any person to construct any oven except at a distance of at least thirty centim
Art. 445Every owner shall construct the roofs of his building in such a manner that the rainwater shall not fall on th
Art. 446Every owner is bound to grant access to and a way over his tenement, provided such access or way be necessary,
Art. 447(1) Any owner whose tenement has no outlet to the public road, may compel the owners of the neighbouring tenem
Art. 448Where the tenement has beco me enclosed on all sides in consequence of a sale, exchange, or partition, the ven
Art. 449Where the right of way grant ed as aforesaid shall, in consequence of the opening of a n ew road, or of the in
Art. 450(1) Any person who cannot receive water into his own tenement from fountains or other deposits of public water
Art. 451The action for the payment of the indemnity under articles 447 and 450 is subject to prescription: and the rig
Art. 452Any person who is entitled to make use of the channels made for the passage of water is bound to contribute to
Art. 453(1) Where the enjoyment of the way or the watercourse can be had in or over two or more tenements belonging to
Art. 454It shall be lawful for owners to establish, in accordance with article 400, any easement which is in no way co
Art. 455(1) Easements are continuous or discontinuous, apparent or non-apparent. (2) Continuous easements are those th
Art. 456(1) Easements are, moreover, affirmative or negative. (2) Affirmative easements are those which consist in the
Art. 457Continuous and apparent easements may be created - (a) by virtue of a title; (b) by prescription, if the tenem
Art. 458The title creating an easement is null unl ess it results from a public deed; and where the easement is create
Art. 459(1) The owner of a tenement may, without the consent of the usufructuary, establish any easement over the tene
Art. 460(1) An easement granted by one of the co-owners of an undivided tenement, shall not be deemed to be establishe
Art. 461An easement granted by one of the co-owners over an undivided tenement, shall be deemed to be fully establishe
Art. 462(1) In order to acquire an easement by prescription, possession for a period of not less than thirty years is
Art. 463(1) In the case of affirmative easements, possession to found prescription commences from the day on which the
Art. 464Where the easement is in respect of a flow of water issuing from a tenement belonging to others, or from a spr
Art. 465Any easement which the emp hyteuta, usufructuary or tenant suffers to be exercised over the tenement, without
Art. 466The owner of a tenement subject, in virtue of an easement constituted without title, to receive the rain-water
Art. 467The owner of a building in which there is no cistern, who, in virtue of an easement constituted without title,
Art. 468An easement is created by "the disposition of the owner of two tenements" if it is proved that the two tenemen
Art. 469(1) Continuous non-apparent easements, and discontin- uous easements, whether apparent or non-apparent, can on
Art. 470The creation of an easement sh all be deemed to include the granting of all that is necessary for the enjoymen
Art. 471Any person to whom an easement is competent may carry out at his expense and in such manner as to cause as lit
Art. 472Where the owner of the servient tenement is bound, in the terms of the title, to bear the expense necessary fo
Art. 473If a severance of the dominant tenement takes place, the easement which attached to the t enement will continu
Art. 474(1) The owner of the servient tenement cannot do anything which tends to diminish the exercise of the easement
Art. 475Any person having a right of easement shall exercise such right in the terms of his title, and it shall not be
Art. 476In case of doubt as to the extent of an easement, its exercise shall be restricted to what is necessary, havin
Art. 477In the absence of an agreement, the owner or other person making a grant of water from a spring or a channel i
Art. 478The easement in respect of a flow of water, does not deprive the owner of the servient tenement of his right o
Art. 479(1) An easement is extinguished when the things subject thereto are in such a condition that it can no longer
Art. 480(1) An easement is extinguis hed where the dominant and the servient tenements become united in the ownership
Art. 481(1) An easement is extinguished by non-user for the period of forty years, in the case of property belonging t
Art. 482The periods of non-user refe rred to in the last preceding article, shall begin to run, according to the diffe
Art. 483In regard to a third party in possession of the servient tenement, the easement shall be extinguished by the l
Art. 484The manner of enjoying an easement may be prescribed as the easement itself. Interruption of prescription by a
Art. 485Where the dominant tenem ent belongs to two or more persons in common, the use of the easement made by any one
Art. 486(1) Where among the co-owners there is one against whom prescription could not run, such fact shall operate so
Art. 487Where two buildings which belonged to one owner, are about to be divided, it shall be competent to each of the
Art. 488(1) Any easement acquired by the husband in favour of a dotal tenement, or by an emphyteuta in favour of the e
Art. 489(1) Community of property exists where the ownership of one and the same thing, or of on e and the same right,
Art. 490(1) The shares of the co-owners shall, unless the contrary is proved, be presumed to be equal. (2) Every co-ow
Art. 491Each of the co-owners is entitled to make use of the common property, provided - (a) that the use be made acco
Art. 492Each of the co-owners may compel the others to share with him the expense necessary for the preservation of th
Art. 493I t s h a l l n o t b e l a w f u l f o r a n y c o - o w n e r t o e f f e c t a n y alteration in the common
Art. 494(1) Where the co-owners fail to agree, the court shall give the necessary directions as to the management and
Art. 495(1) Each co-owner has the full ownership of his share and of the profits or fruits thereof. (2) He may freely
Art. 495A(1) Except in cases of condominium or necessary community of property, where co-ownership has lasted for more
Art. 495B(1) The period of three years stipulated in articles 495(3) and 495A(1) shall apply in respect of all co-owned
Art. 496(1) No person can be compelled to remain in the community of property with others, and each of the co-owners m
Art. 497(1) Notwithstanding the prohibition or agreement referred to in the last preceding article, it shall be lawful
Art. 498Partition may be demanded even though one of the co- owners may have enjoyed separately a portion of the commo
Art. 499(1) A partition of immovable property is null unless it is made by a public deed. (2) As to the effect of any
Art. 500(1) Subject to the provisions of the last preceding article, where all the co-owners are present and capable o
Art. 501(1) The property shall be appraised by experts chosen by the parties, or appointed by the court as provided in
Art. 502Each of the co-owners may claim his share of the property in kind. Right of co-owner possessing immovables adj
Art. 503A co-owner possessing property immovable by its nature adjacent to any of the immovables in community about to
Art. 504In forming and making up the shares, the dismemberment of tenements or the creation of easements shall be avoi
Art. 505Any inequality of the shares in kind, where it cannot be conveniently avoided, shall be set off by the payment
Art. 506(1) It shall be lawful for the court, according to circumstances, to order, in lieu of the payment of the sum
Art. 507The provisions of the last p receding article shall also apply where the immovables held in community cannot b
Art. 508Nevertheless, the rent-charge imposed on any immovable shall in no case be greater than the fifth part of the
Art. 509Where the experts, chosen or appointed to make the valuation of the property, are not competent to make up the
Art. 511(1) Where any of the co-owners is subject to tutorship or curatorship, or is an absentee represented by a cura
Art. 512(1) Each of the co-partitioners shall, on completion of the partition, be put in possession of the documents r
Art. 514(1) Where in a partition, or in any other act whereby the community of property, whether movable or immovable,
Art. 516Any of the co-owners, whatever his share of the property, may demand the sale by lic itation, where competent.
Art. 517It shall be lawful for each of the co-owners to demand that strangers be invited by means of an advertisement
Art. 518(1) A sale by licitation which takes place with the consent of all the co-owners, is not subj ect to any forma
Art. 519The provisions of the last p receding article shall apply even where any of the co-owners is subject to tutors
Art. 520Where the sale by licitation relates to immovable property, or to movable property of a value exceeding the su
Art. 521(1) Where under the provisions of the last preceding article the sale by licitation takes place under the auth
Art. 522In case of sale of immovables by licitation, the provisions relating generally to the sale of immovables shall
Art. 523* The provisions of articles 515, 516 and 517 shall also apply to common property which is subject to any enta
Art. 524(1) Possession is the detention of a corporeal thing or the enjoyment of a right, the ownership of which may b
Art. 525(1) A person is in all cases presumed to possess in his own behalf, and by virtue of a right of ownership, unl
Art. 526Acts which are merely facultative or of mere sufferance cannot found the acquisition of possession. Violent or
Art. 527(1) In like manner, acts of violence or clandestine acts cannot found the acquisition of possession. (2) Never
Art. 528Any person actually in possession who proves that he formerly possessed shall, in the absence of proof to the
Art. 529Actual possession shall not operate so as to raise a presumption of former possession unless the possessor has
Art. 530(1) Possession continues as of right in the person of a successor by universal title. ( 2 ) A s u c c e s s o
Art. 531(1) A person who, on probable grounds, believes that the thing he possesses is his own , is a possessor in goo
Art. 532Good faith is presumed, and the party alleging bad faith is bound to prove it. Rules to be observed with regar
Art. 533Save as otherwise provided in this Code, the provisions of the following articles of this title shall be obser
Art. 534Where any person, being in po ssession, of whatever kind, of an immovable thing, or of a universitas of movabl
Art. 535(1) Where any person is by violence or clandestinely despoiled of the possession, of whatever kind, or of the
Art. 536The reinstatement in the case provided for in the last preceding article shall not operate so as to bar the ex
Art. 537In questions of possession in matters concerning easements, the rights and obligations of the dominant and the
Art. 538(1) Where a person has reason to apprehend that in consequence of a new work undertaken by any other person ei
Art. 539Where any person has reasonable cause to apprehend any serious and impending damage to a tenement or other thi
Art. 540A possessor in good faith acquires the fruits of the thing possessed, even though such thing be an inheritance
Art. 541A possessor in bad faith is bound to restore all the fruits which he has collected, or, by the exercise of the
Art. 542(1) A possessor in good faith may demand from the owner the reimbursement of the necessary expenses whether th
Art. 543(1) In relation to a possessor in bad faith, the owner has, in respect of necessary expense s, and of useful e
Art. 544With regard to decorative expenses the possessor, whether in good or bad faith, shall only be entitled to take
Art. 545(1) Necessary expenses are thos e without which the thing would have perished or deteriorated. ( 2 ) U s e f u
Art. 546Any person who shall have obtained possession of the thing by theft or any other offe nce, not being a mere co
Art. 547The set-off of the fruits against the expenses mentioned in the foregoing articles shall take place even with
Art. 548The possessor, whether in good or bad faith, shall not be bound to restore, or to bring into account for the p
Art. 549(1) The expenses for the production or preservation of the fruits of a thing are not comprised in those referr
Art. 550Where under the provisions o f the foregoing articles, a possessor, whether in good or bad faith, is entitled
Art. 551A possessor in good faith is bound to make good such damage as, by his own act or oth erwise, even before the
Art. 552Where the thing possessed is an inheritance or a portion of an inheritance, the possessor, even if in good fai
Art. 553For the purposes of the provisions of the last two preceding articles, the possesso r is deemed to have derive
Art. 554A possessor in good faith is not, even in the case of possession of an inheritance, bound to restore the value
Art. 555The provisions of the last t hree preceding articles shall apply to the possessor of any other universitas rer
Art. 556(1) A possessor in bad faith shall in all cases be bound to restore all the things which he has wrongfully occ
Art. 557A possessor in bad faith shall also be liable for all damage which may have been occasioned by his own act as
Art. 558(1) In the case of movables by nature, or securities to bearer, possession shall produce in favour of third pa
Art. 559(1) It shall, nevertheless, b e lawful for any person who has lost a thing, or has been robbed thereof, to rec
Art. 560(1) Ownership and other rights over things, or relating to things, may be acquire d and transmitted by success
Art. 561(1) Occupancy consists in taking possession of a corporeal thing which is not, but can be, the property of any
Art. 562(1) The owner of a swarm of bees has the right to pursue them over the tenement of any other person, subject t
Art. 563(1) Saving the provisions of the Cultural Heritage Act , where a treasure trove is discove red in a tenement o
Art. 564(1) Any person who finds a movable thing, not being a treasure trove, is bound to restore it to its previous p
Art. 565(1) The provisions of the last preceding article shall not apply to such things as are cast or have fallen int
Art. 566Accession is the right whereby the person who has the property of a thing acquires the property of all that th
Art. 567Natural, industrial, or civil fruits belong, by right of accession, to the owner of the thing that produ ces t
Art. 568Where the owner of a land has made thereon constructions, plantations, or works with materials belonging t o o
Art. 569(1) Where any such constructions, plantations, or works have been made by a third party in possession, with hi
Art. 570Where such constructions, plantations, or works have been made by a third party with mater ials belonging to o
Art. 571Where in the construction of any building a portion of a contiguous tenement has been o ccupied in good faith,
Art. 572(1) The right of accession in regard to movable things belonging to several owners shall be governed by the pr
Art. 573(1) Where two things belonging to different owners have been united in such a manner as to form a whole, but c
Art. 574The part to be considered as principal shall be that to which the other has been united merely for the use, ad
Art. 575Nevertheless, if the thing united is much more precious than the principal thing, and has been made use of wit
Art. 576Where of two things united to form a whole neither can be considered as the accessory of the other, the one wh
Art. 577Where an artificer or any other person has made use of materials not belonging to him, for the purpose of prod
Art. 578Where any person has, for the purpose of producing a thing of a new species, made use of materials partly belo
Art. 579Where, however, the workmans hip is so valuable that it considerably surpasses the value of the materials empl
Art. 580(1) Where a thing has been formed by a mixture of different materials belonging to different owners, and such
Art. 581Where, however, the materials belonging to one of the owners can be considered as th e principal subject, or a
Art. 582Where the new subject of pr operty remains in community between the owners of the several materials with which
Art. 583In all cases in which the owner of the materials employed without his concurrence is entitled to claim the own
Art. 584Any person who has made use of materials belonging to others without their consent may also be condemned to pa
Art. 585An inheritance is the estate of a person deceased, and it devolves either by the disposition of man or, in the
Art. 586Saving the provisions relating to donations made in contemplation of marriage and t hose relating to life insu
Art. 587The provisions of this Code shall not supersede any other law previously in force with reg ard to any testamen
Art. 589(1) A will may contain dispositions by universal as well as by singular title. (2) It may also contain disposi
Art. 592(1) A will made by the spouses in one and the same instrument, or, as is commonly known, unica charta, is vali
Art. 593(1) Where, by a will unica carta , the testators shall have bequeathed to each other the ownership of all thei
Art. 594In the cases referred to in article 593(1) and (2) the ownership of the property bequeathed to the spouse incu
Art. 595It shall not be lawful for any two or more persons, other than the spouses, to make a will in one and the same
Art. 596(1) Any person not subject to incapacity under the provisions of this Code, may dispose of, or receive propert
Art. 597The following persons are incapable of making wills: (a) those who have not completed the sixteenth year of th
Art. 598(1) Those who have not completed the eighteenth year of their age cannot make by will other than remuneratory
Art. 599Any will made by a person subject to incapacity is null, even though the incapacity of the testator may have c
Art. 600(1) Those who, at the time of the testator’s death or of the fulfilment of a suspensive condition on which the
Art. 601(1) Those who are not born viable are incapable of receiving by will. (2) In case of doubt, those who are born
Art. 602All the children of the testator whether born in wedlock, out of wedlock or adopted or whether or not the pres
Art. 603Repealed by: XVIII.2004.52. Portion which may be received by husband or wife in case of second or subsequent m
Art. 604Repealed by: XVIII.2004.52. CIVIL CODE [CAP. 16. 169 Persons unworthy of receiving by will. Amended by XLIX.19
Art. 605(1) Where any person has - (a) wilfully killed or attempted to kill testator or his or her spouse; or (b) char
Art. 607Any heir or legatee, exclude d as unworthy from receiving the inheritance or legacy, is bound to restore any f
Art. 608The descendants of a person ex cluded as unworthy shall, in all cases, be entitled to the reserved portion, wh
Art. 609(1) A tutor or curator cannot benefit under a will made during the tutorship or curatorsh ip by the person und
Art. 610Saving the provisions of the Trusts and Trustees Act and of article 12 of the Notarial Profession and Notarial
Art. 611(1) The members of monastic orders or of religious corporations of regulars cannot, after taking the vows in t
Art. 612(1) Any testamentary disposition in favour of a person who is incapable in terms of articles 609 and 610 is vo
Art. 613Any one of the parents, the descendants, and the spouse of the person under any such incapacity, as the case m
Art. 614(1) Where the testator has no descendants or spouse, he may dispose by universal or singular title of the whol
Art. 615(1) The reserved portion is the right on the estate of the deceased reserved by law in favour of the descendan
Art. 616(1) The reserved portion due to all children whether conceived or born in wedlock or conceived and born out of
Art. 617For the purposes of the last preceding article the word "children" shall include the descendants of the childr
Art. 618(1) Children or other descendants who are incapable of receiving property by will, or who have been disinherit
Art. 619Repealed by: XVIII.2004.60. 172 [CAP. 16. CIVIL CODE Reserved portion to be free from burdens or conditions. A
Art. 620(1) It shall not be lawful for the testator to encumber the reserved portion with any burden or condition. (2)
Art. 621(1) Where the subject of the testamentary disposition is a right of usufruct or a life annuity, and it appears
Art. 622Besides the grounds on which a person may become unworthy to inherit, the persons entitled by law to a reserve
Art. 623Saving the provisions of article 630, the grounds on which a descendant may be disi nherited are the following
Art. 624Repealed by: XVIII.2004.65. Grounds of disherison to be proved by party alleging disherison.
Art. 625(1) The ground of disherison must be proved by the party alleging such disherison. (2) Where more grounds are
Art. 626(1) If the person disinherited has children or other descendants, the reserved porti on of which such person h
Art. 627Where the person disinherite d predeceases the testator, the disherison shall not prejudice the rights of his
Art. 628Where the person disinherited has no other means of subsistence, those who in conse quence of his disherison s
Art. 629Where the ground of disherison is not stated, or is not proved, the person disinherited shall only be entitled
Art. 630Where the person entitled to the reserved portion is interdicted on the ground of prodigality, or is so burden
Art. 631Where a deceased spouse is survived by children or other descendants, the surviving spouse shall be entitled t
Art. 632If there are no children or descendants as stated in article 631, the surviving spouse shall be entitled to on
Art. 633(1) The surviving spouse shall be entitled to the right of habitation over the tenement occu pied as the princ
Art. 634Where the matrimonial home belongs in part to the surviving spouse, in any partition between the heirs of the
Art. 635The surviving spouse shall also have the right of use over any of the furniture in the matrimonial home belong
Art. 636The provisions of article 318 shall apply in relation to the right of use referred to in article 635. Limitati
Art. 637The provisions of article 633(3), (6), (7) and (8) shall mutatis mutandis apply to the right of use granted by
Art. 638The provisions of articles 631, 632, 633 and 635 shall not apply in any of the following cases: (a) if, at the
Art. 639The rights referred to in article 633 and article 635 shall also apply in cases where: (a) the spouses were pe
Art. 646Repealed by: XVIII.2004.73. OF THE ABATEMENT OF TESTAMENTARY DISPOSITIONS EXCEEDING THE DISPOSABLE PORTION Tes
Art. 647Testamentary dispositions exceeding the disposable portion, shall be liable to abatement and limited to that p
Art. 648For the purpose of determining the abatement, the following rules shall be observed: (a) all the property of t
Art. 649Repealed by: XVIII.2004.75. When value of donations exceeds or is equal to disposable portion.
Art. 650Where the value of the donations exceeds, or is equal to, the disposable portion, all testamentary disposition
Art. 651Where the testamentary dis positions exceed either the disposable portion, or the residue thereof after deduct
Art. 652Nevertheless, in all cases where the testator has expressly declared his intention to be that a disposi tion s
Art. 653(1) Where the legacy subject t o abatement is a thing from which the part exceeding the di sposable portion ca
Art. 655(1) Saving any other provision of this Code, a public will is received and published by a n otary in the prese
Art. 656(1) A secret will may be printed, type-written or written in ink either by the testator himself or by a third
Art. 657(1) The paper on which a secret will is written, or the paper used as its envelope shall be closed and sealed.
Art. 658(1) A secret will shall be delivered by the testator to a notary, or, in the presence of th e judge or magistr
Art. 659(1) The notary who receives a secret will shall draw up the act of delivery, r ecording therein the declaratio
Art. 660A notary who has received a s ecret will, shall, within four working days, to be reckoned from the day of the
Art. 661(1) Any notary who acts in contravention of the provision of the last preceding article shall, upon civil proc
Art. 662Where a secret will is presented directly to the court, the note of particulars required under article 529 of
Art. 663It shall not be lawful for any person who does not know how to, or cannot write, to make any disposition by a
Art. 664The judge or magistrate requested to give his assistance under the last preceding article, shall read out and
Art. 665(1) The said judge or magistrate shall, after the will is duly closed and sealed, enter on the paper itself on
Art. 666It shall be lawful for a testator who does not know how to, or cannot read and write, to apply for the assista
Art. 667The judge or magistrate giving his assistance, as provided in the last four proceeding articles, shall be boun
Art. 668(1) A person who is deaf-and-dumb, or dumb only, whether congenitally or otherwise, may, if he knows how to wr
Art. 669(1) Where a person who is totally deaf, but can read, desires to make a public will, he shall read such will h
Art. 670I n p u b l i c w i l l s , t h e h e i r s , l e g a t e e s , o r t h e i r r e l a t i o n s b y consanguin
Art. 671The testator may at any time withdraw his secret will from the notary to whom he shall have delivered it, if t
Art. 673(1) In places with which communications have been interrupted by order of the public authority, a will may be
Art. 674Any such will shall become void on the lapse of two months from the day on which communications with the place
Art. 675(1) A will made in accordance with the provisions of the foregoing articles shall, within a month from the day
Art. 676(1) A will made at sea, on board any ship registered in Malta, may be received, in writing, by the master, or
Art. 677(1) The will referred to in the last preceding article shall be signed by the testator, by the person receivin
Art. 678The master, or the person keeping the log-book and the ship’s papers, shall, under penalty of a fine ( multa)
Art. 679(1) Where, after the receipt of any such will, the ship returns to the port of Malta, the master, or the perso
Art. 680A will made at sea in the manne r prescribed in article 676 and the articles following, shal l have effect onl
Art. 681(1) Any testamentary disposition made in favour of the person receiving any of the wills referred to in articl
Art. 682(Deleted by Act XVI.2015.4.). 182 [CAP. 16. CIVIL CODE § V. OF THE INSTITUTION OF HEIRS, OF LEGACIES, AND OF T
Art. 684(1) If the testator has disposed only of a portion of the inheritance, the residue thereof shall vest in his h
Art. 685(1) Any testamentary disposition founded on a reason which constituted the sole inducement of the testator, an
Art. 686Any testamentary disposition made, by what is commonly known as implied nuncupation, or per relationem ad sche
Art. 687Any testamentary disposition in favour of a person so uncertain that he cannot be identified even upon the hap
Art. 688(1) Any testamentary disposition made in favour of an uncertain person to be designated by the heir or by a th
Art. 689A testamentary disposition made in favour of the nearest relation of a person shall, in de fault of any other
Art. 690A disposition made in general terms in favour of the poor, shall be deemed to be made in favour of the poor of
Art. 691Any disposition made in general terms in favour of the soul of the testator or of any o ther person shal l, if
Art. 692(1) No evidence is admissible which is intended to show that the institution or legacy, made in favour of any
Art. 693Any testamentary dispositi on whereby even a sum of money or any other determinate thing is bequeathed to a pe
Art. 694(1) If the person of the heir or of the legatee is erroneously designated, the testamentary disposition shall
Art. 695Any testamentary disposition giving to the heir or to a third party absolute discretion in fixing the quantity
Art. 696(1) Where the thing forming the subject of a legacy belongs to a person other than t he testator, such legacy
Art. 697The provisions of the last p receding article shall also apply if the thing forming the su bject of the legacy
Art. 698Where a part of the thing bequeathed, or a right over such thing, belongs to the testator, the legacy of such
Art. 699Where the thing forming the subject of a legacy is an indeterminate movable thing included in a genus or speci
Art. 700(1) Where the testator shall have bequeathed as belonging to him any determinate thing, or any thing included
Art. 701Where the subject of the legacy is a thing or a quantity to be taken from a specified place, such legacy shall
Art. 702(1) Where the subject of the legacy is a thing which, at the time of the will, was already the property of the
Art. 703Where the subject of the legacy is a sum owing to the testator, or consists in discharging a debtor from a deb
Art. 704(1) Where the testator bequeaths by way of legacy any determinate thing or sum, as due by him to the legatee,
Art. 705(1) Where the testator, without mentioning the debt due by him, makes a legacy in favour of his creditor , suc
Art. 706Where the legacy consists in discharging the debtor from the debts due by him to the testator, such legacy sha
Art. 707A legacy of maintenance sha ll include food, clothing, habitation, and other necessaries during the life of th
Art. 708Where the testator who has bequeathed the ownership of an immovable property, has subseq uently increased such
Art. 710Any disposition, by universal or singular title, may be either pure or conditional. Impossible conditions, etc
Art. 711(1) Where the condition is impossible, or contrary to law or morals, it shall vitiate the disposition to which
Art. 712(1) A condition prohibiting a first or a subsequent marriage shall be considered a s if it had not been attach
Art. 713Any condition restraining the heir from availing himself of the benefit of inventory shall be considered as if
Art. 714If, in any testamentary disposition by universal title, the testator shall fix a day on or from which the inst
Art. 715Any testamentary disposition, whether by universal or singular title, made by the testator on condition that h
Art. 716Any testamentary disposition made subject to a condition depending upon an uncertain event, and being such tha
Art. 717A condition which, in the intention of the testator, is merely meant to suspend the execution of the testament
Art. 718If the testator has left the i nheritance or leg acy subject to the obligation that the heir or legatee shall
Art. 719Likewise, where a legacy is bequeathed conditionally, or as not exigible before a certain time, the person cha
Art. 720(1) If the heir has been instituted subject to a condition of the nature of those mentioned in article 716, th
Art. 721(1) Any pure and simple legacy shall vest the legatee, as from the day of the death of the testator, with the
Art. 722(1) Where the subject of the legacy is an indeterminate thing, included in a given genus or species, the right
Art. 723Where the right of selection is left to the legatee, he may select the best of the things of the given genus o
Art. 724In the case of alternative leg acies, the right of selection shall be deemed to be given to the heir. When rig
Art. 725( 1 ) W h e r e t h e h e i r o r l e g a t e e t o w h o m t h e r i g h t o f selection belongs, has not bee
Art. 726(1) The legatee must demand of the heir possession of the thing bequeathed. (2) In the case of immovable prope
Art. 727It shall not be lawful for the legatee to claim the fruits of, or interest on the legacy, except from the day
Art. 728The interest on, or the fruits of, the thing bequeathed, shall, even in the absence of a judicial intimation,
Art. 729Where the subject of a leg a c y i s a l i f e a n n u i t y o r a pension, such annuity or pension shall comm
Art. 730(1) Where the subject of the legacy is a determinate quantity to be delivered or paid at fixed periods, as eve
Art. 731(1) The thing forming the subject of the legacy shall be presumed to have been bequeathed, and shall be delive
Art. 732(1) Where before the will is made or subsequently, a right of usufruct, an annuity, or any other perpetual or
Art. 733The expense necessary for the delivery or payment of the legacy shall be charged to the estate, provided this
Art. 734(1) Where no one of several heirs has been particularly charged by the testator with the payment of the legacy
Art. 735(1) Where any one of the heirs has been particularly charged with the payment of the legacy, he alone shall be
Art. 736(1) It shall be lawful for the testator, in bequeathing a pension or a usufruct, to declare such pension or us
Art. 738(1) An institution or a legacy is deemed to be made conjointly, if it depends upon on e and the same dispositi
Art. 739A legacy is likewise deemed t o be made conjointly if a thing which cannot be divided without injury has been
Art. 740Where the right of accretion takes place, it shall not be lawful for the co-heir or the co-legatee to refuse t
Art. 741Where the right of accretion does not take place, the vacant portion of the inheritan ce, with such obligation
Art. 742(1) Where a right of usufruct is bequeathed to two or more persons conjointly, as provided in articles 738 and
Art. 743(1) Any alienation of the thing bequeathed whether in whole or in part, made by the testator, even though made
Art. 744(1) The legacy shall lapse if the thing bequeathed has entirely perished during the lifetime of the testator.
Art. 745(1) A testamentary disposition shall lapse, if the person in whose favour it is made shall not survive the tes
Art. 746A testamentary disposition shall lapse with regard to the heir or legatee who renounces it, or who is incapabl
Art. 747It shall be lawful for a testator to make provision in his will for the existence or subsequent birth of child
Art. 748Where provision is not mad e in accordance with article 747 and the testator makes disposition by universal or
Art. 749Repealed by : XVIII.2004.81. Preterition of children of testator of whose existence he was aware does not void
Art. 751(1) It shall be lawful for the testator to substitute another person for the heir-institute or for the legatee
Art. 752(1) It shall be lawful for any one of the spouses, the other ascendants, the uncle or aunt, brother or sister,
Art. 753It shall be lawful to substitute under the provisions of the preceding articles, several persons in the place
Art. 754Where in the substitution clause only one of the two contingencies is stated, that is , either that the instit
Art. 755(1) The substitute shall be bound to perform all such obligations as may have been imposed on the party for wh
Art. 756(1) Where two or more co-heirs or legatees in unequal shares shall have been reciprocally substituted, the pro
Art. 757(1) Entails are prohibited: Provided that entails creat ed before the date of the commencement of Ordinance No
Art. 758(1) Any provision restraining the heir or legatee from alienating or from disposing by will, shall, subject to
Art. 759Where the usufruct o f a thing is left to one person, and the ownership of the same thing to another person, u
Art. 760It is not forbidden to institute heirs, or bequeath legacies under a condition which cannot be fulfilled excep
Art. 761(1) Any perpetual or limited burden by reason of which the whole usufruct of the inheritance or of the legacy,
Art. 762It shall be lawful for a testator to appoint one or more testamentary executors. Who may be executor.
Art. 763No person who is under a disability to contract obligations, may be a testamentary executor. Minor. Amended by
Art. 764A minor may not hold the office of testamentary executor even though with the authority of the parent to whose
Art. 765It shall not be lawful for any testamentary executor to intermeddle with the administration of the estate befo
Art. 766(1) The court shall not confir m the testamentary executor before he shall have entered into a recognizance in
Art. 768Any disposition calculated to exempt the testamentary executor from the obligation of rendering an account sha
Art. 769The executor may, pending the procedure in confirmation, perform such acts as cannot withou t prejudice be del
Art. 770It shall be in the power of the said court, at any time, to grant to the testament ary executor a modera te fe
Art. 771(1) The testamentary executor, for the purpose of paying the debts of the estate or of discharging the legacie
Art. 772The heir may prevent the sale by offering the means with which to pay the debts and discharge the legacies. Of
Art. 773The office of the testamentary executor shall not descend to his heirs. More executors to act conjointly.
Art. 774Where the testator has appointed two or more testamentary executors, they can only act conjointly, unless the
Art. 775The expenses incurred by the testamentary executor in the discharge of his duties shall be borne by the inheri
Art. 776(1) The testamentary executor may, at any time, renounce his office, even though he shall have already commenc
Art. 777(1) Where the testator has appointed two or more executors, and one or more has or have declined to accept the
Art. 778In case of the death, absence, renunciation, or illness of the only executor, or of all the executors-nominate
Art. 779Any person claiming to have any interest in a secret will may, upon the death of the testato r being ascertain
Art. 780The provisions of the last p receding article shall also apply in any case where the comp etent court shall ha
Art. 781(1) No person may waive the power of revoking or altering any testamentary disposition made by him. (2) Any cl
Art. 782(1) Saving the provisions of article 743 and the articles following, a will may be revoked, wholly or in part,
Art. 783The mere withdrawal of a secr et will from the notary , or, in any of the cases referred to in articles 673 an
Art. 784A will which is void cannot have the effect of a notarial act so as to revoke a previous will. Revival of revo
Art. 785Any testamentary disposition which has been revoked, can only revive by a fresh will. Implied revocation by su
Art. 786Where a subsequent will has not expressly revoked a previous will or previous wills, it shall annul such only
Art. 787The revocation made by a subsequent will shall be fully operative even if such subsequent will lapses, by reas
Art. 788Where there is no valid will, o r where the testator has not disposed of the whole of his est ate, or where th
Art. 789Intestate succession is granted in favour of the des- cendants, the ascendants, the c ollateral relatives and
Art. 790In regulating succession among relations, the law takes into consideration the proximity of the relationship,
Art. 791(1) The proximity of relationship is established by the number of generations. (2) Each generation forms a deg
Art. 793(1) The direct line may be descending or ascending. (2) The descending direct line c onnects the ances tor wit
Art. 794In the direct line, as many degrees are counted as there are generations, not including the common ancestor. C
Art. 795In the collateral line, the degrees are counted by the generations, commencing from one of the relations up to
Art. 796Persons who are incapable or unworthy of r eceiving under a will, for the causes stated in this Code, are also
Art. 797Persons who, by fraud or violence, shall have prevented the deceased from making a will, shall also be, as unw
Art. 798The provisions contained in articles 606 and 607 shall apply to any person who, for the causes stated in the l
Art. 799(1) The children or descendants of a person excluded as unworthy shall not be excluded by reason of the unwort
Art. 801Representation operates so as to put the representative in the place, degree, a nd rights of the p erson repre
Art. 802Representation in the descen ding direct line takes place in infinitum and in all cases, whether the children
Art. 803Representation does not take place between ascendants: the nearest relation excludes the others. Representatio
Art. 804(1) In the collateral line, representation is allowed in favour of children and descendants of brothers or sis
Art. 805(1) In all cases in which representation is allowed, the partition shall be made per stirpes. (2) Where in one
Art. 806Representation cannot take pl ace in regard to persons who are alive, but only in regard to persons who are de
Art. 807It shall be lawful to represen t the person whose inheritance has been renounced. § I. OF SUCCESSION BY DESCEN
Art. 808(1) Where the deceased has left children or their descendants and a spouse, the succession devolves as to one
Art. 809Where the deceased has left ch ildren or other descendants but no spouse, the succession devolves upon the chi
Art. 810Where the deceased has left no children or other descendants but is survived by a spouse the succession devolv
Art. 811(1) Saving the provisions of article 815, children or other descendants succeed to their pare nts or other asc
Art. 812Where the deceased has left no children or other descendants, nor a spouse, t he succession shall devolve: (a)
Art. 813(1) For the purpose of article 812 direct collaterals mean brothers and sisters, whether of the half or full b
Art. 814Succession between collaterals shall not extend beyond twelfth degree. Where persons conceived and born out of
Art. 815(Deleted by Act XV .2012.24). § III. OF THE RIGHTS OF THE GOVERNMENT Rights of succession competent to the Gov
Art. 816Where the deceased is not survived by any of the persons entitled to succeed under the rules laid down in the
Art. 817Repealed by : XVIII.2004.86. if not legitimated by decree of court, etc. Amended by: L.N. 148 of 1975.
Art. 818Repealed by : XVIII.2004.86. Rule as to right of succession of illegitimate children, legitimated or acknowled
Art. 821Repealed by : XVIII.2004.86. Illegitimate children have no right over property of relations of their parents.
Art. 822Repealed by : XVIII.2004.86. CIVIL CODE [CAP. 16. 201 Succession to property of illegitimate child dying witho
Art. 823Repealed by : XVIII.2004.86. Succession to property of illegitimate child dying without issue, but survived by
Art. 824Repealed by : XVIII.2004.86. Rights competent to surviving spouse by person leaving children. Substituted by:
Art. 825Repealed by : XVIII.2004.86. Rights competent to surviving spouse of person dying without issue but survived b
Art. 826Repealed by : XVIII.2004.86. Rights competent to surviving spouse of person dying without issue, and not survi
Art. 827Repealed by : XVIII.2004.86. Surviving spouse to bring into account property received from deceased.
Art. 829Repealed by : XVIII.2004.86. Rights of succession competent to Government of Malta. Amended by: L.N. 148 of 19
Art. 830Repealed by : XVIII.2004.86. 202 [CAP. 16. CIVIL CODE Sub-title III PROVISIONS COMMON TO TESTATE SUCCESSIONS A
Art. 831A succession opens at the time of death, or on the day on which the judgment declaring that the person whose s
Art. 832Where several persons die in a common calamity and it is impossible to determine who survived the other, they
Art. 835Repealed by : XVIII.2004.87. Seisin of heirs. 836. The possession of the prop erty of the deceased is, by oper
Art. 837Where the deceased disposes of a portion only of the inheritance, and the remaining portion devolves upon the
Art. 838Where any person claiming rights over the property of the inheritance has taken possession thereof, the heirs
Art. 839Where under testate or intestate succession a person conceived and born out of wedloc k succeeds with a doptiv
Art. 840Repealed by : XVIII.2004.88. Security to be given by illegitimate child or by spouse before declaration of del
Art. 842Repealed by : XVIII.2004.88. No surety required where value of inheritance does not exceed fifty liri. Amended
Art. 843Repealed by : XVIII.2004.88. Issue of banns.844. Repealed by : XVIII.2004.88. Limitation of action for demandi
Art. 845(1) The action for demanding an inheritance, or a legacy, or the reserved portion, whether in testate or in in
Art. 846No person is bound to accept an inheritance devolved upon him. Inheritance may be accepted unconditionally or
Art. 847An inheritance may be accepte d unconditionally, or under benefit of inventory. Persons subject to tutorship,
Art. 848Where an inheritance devolv es upon a person subject to tutorship or curatorship, or upon a minor, it cannot b
Art. 849The acceptance of an inheritan ce shall retroact as from the day of the opening of the succession, saving any
Art. 850(1) Acceptance may be eithe r express or implied. (2) It is express, if the status of heir is assumed either i
Art. 851A person who, by a judgment of the competent court, has been declared to be the heir, or has been condemned ex
Art. 852(1) Arrangements made for the funeral, acts of mere preservation, or of provisional administration, shall not,
Art. 853(1) Any donation, sale, or assignment of his rights of succession by one of the co-heirs, whether in favour of
Art. 854Where the renunciation is made gratuitously by one of the co-heirs in favour of all those co -heirs, whether t
Art. 855If the heirs do not agree as to accepting or renouncing the inheritance, the party accepting s hall alone acqu
Art. 856Where a person to whom a succession has opened dies without having renounced or ac cepted it, the right to acc
Art. 857The heirs who have accepted the inheritance of the person from whom the right referred to i n the last precedi
Art. 858(1) A person who has accepte d an inheritance cannot impeach the acceptance, unless such acceptance was the re
Art. 859The right of accepting a vacant inheritance is prescribed by the lapse of thirty years. OF THE RENUNCIATION OF
Art. 860(1) Renunciation of an inheri tance cannot be presumed. (2) It may only be made by a decl aration filed in the
Art. 861The heir who renounces a tes tate succession forfeits all rights to the intestate succession: Provided that it
Art. 862(1) The heir who renounces is considered as if he had never been an heir. (2) Nevertheless, his renunciation s
Art. 863(1) In intestate successions, the share of the person renouncing accrues to his co-heirs. (2) If the person re
Art. 864(1) No person may take as the representative of an heir who has renounced. (2) If the person renouncing is the
Art. 865In testate successions, the share of the person renouncing shall devolve upon the co-heirs or the heirs-at-law
Art. 866(1) The creditors of a person who renounces an inheritance to the prejudice of their rights, may apply to the
Art. 867(1) An heir who has renounced an inheritance may yet accept such inherita nce provided - (a) the right of acce
Art. 868The court shall, on the demand of any person interested, fix the time of one month, which may, on good grounds
Art. 869Notwithstanding the provisions of the foregoing articles, the persons entitled to succeed, having the actual p
Art. 870Any heir who misappropriate s or conceals any property belonging to the inheritance, shall forfeit the right t
Art. 871Saving other provisions of this Code with regard to renunciations in contemplation of marriage, it shall not b
Art. 872A renunciation made on taking the vows in a monastic order or a religious corporation of regulars must be made
Art. 873It shall, nevertheless, be lawful for the person renouncing as aforesaid to reserve a life annuity on the prop
Art. 874The renunciation mentioned in article 872 may be made even by a minor, provided he has the age required by law
Art. 875The renunciation mentioned in article 872 shall be operative in regard to the persons in whose favour it has b
Art. 876(1) The annulment of the religious vows shall also bring about the annulment of the renunciation. (2) Neverthe
Art. 877It shall be lawful for the heir, notwithstanding any prohibition of the testator, to avail himself of the bene
Art. 878(1) The declaration of an heir that he does not intend to assume the status of heir except under the benefit o
Art. 879The declaration aforesaid shall be ineffectual if it is not preceded or followed by an invent ory of the prope
Art. 880(1) If among several heirs one is willing to accept the inheritance under the benefit of inventory, and one or
Art. 881The heir having the actual possession of the property of the inheritance, is bound to make up the inventory wi
Art. 882Where the heir has not, within the first three months, commenced the inventory or has not completed it within
Art. 883When the inventory is comple ted, the heir who has not yet made the declaration of accepting the inheritance,
Art. 884(1) Where any claim is brought against an heir who has not the actual possession of the property of the inheri
Art. 885Minors and persons interdicted shall not be deemed to have forfeited the benefit of inventory except on the ex
Art. 886(1) During the continuance of the time allowed for making up the inventory and for deliberating, the person en
Art. 887Where in the estate there are things which cannot be preserved, or the preservation of which entails a conside
Art. 888Where the heir renounces the inheritance before the expiration of the times, original or enlarged, referred to
Art. 889An heir guilty of having fraudulently omitted to include in the inventory property belonging to the inheritanc
Art. 891(1) The heir who enters upon inventory shall be bound to administer the property of the inheritance, and to re
Art. 892The heir who enters upon inventory shall not in his administration, be answerable except for gross negligence.
Art. 893The creditors and the legatees may demand that a time be assigned to the heir for rendering his account. When
Art. 894Where the heir to whom the reserved portion would be due, neglects to make up the inventory, he shall forfeit
Art. 895(1) The heir who enters upon inventory, shall, upon the demand of any creditor or other person interested give
Art. 896It shall not be lawful for the heir who enters upon inventory to pay out any legacy b efore satisfying the cre
Art. 897(1) When the creditors mentioned in the last preceding article have been satisfied, the heir who enters upon i
Art. 898The heir who enters upon inventory shall, in paying the debts registered in the Public Registry, and those of
Art. 899Any creditor to whose prejudi ce the heir shall have paid other creditors or legatees can exercise his remedy
Art. 900(1) Any creditor appearing afte r the whole of the estate has been paid out in the discharg e of other debts,
Art. 901The provisions of the last preceding article shall not operate so as to bar the exercise by any unpaid credito
Art. 902The expenses of the inventory and of the account shall be at the charge of the inheritance. OF VACANT INHERITA
Art. 903An inheritance, until it is accepted, shall be deemed to be vacant: and, on the demand of any person intereste
Art. 905The provisions of the last pr eceding article shall not apply to any curator appointed solely for the purposes
Art. 906(1) It shall at all times be lawful to demand the partition of an inheritance, notwithstanding any prohibition
Art. 907The provisions contained in Sub-titles II and III of Title V of Part 1 of Book Second of this Code and in arti
Art. 908When the parties do not agree upon the choice, the court shall appoint a person to draw up a general statement
Art. 909Any property which, at the time of the opening of the succession of a person leaving ch ildren or other descen
Art. 910Each of the co-heirs shall, according to the provisions of articles 913 to 938 collate any donation which may
Art. 911After such collation or withdraw als are effect ed, the estate shall be divided into as many equal shares as t
Art. 912(1) Where any of the co-heirs has, under an onerous title, assigned his rights over the inh eritance to any pe
Art. 913(1) Children and descendants only, on succeeding to the inheritance of an ascendant, whether under a will or a
Art. 914Exemption from collation may be granted either by the same deed containing the donation , or by a subsequent d
Art. 915It shall not be lawful for the child or descendant, notwithstanding an express exemption from the obligation o
Art. 916An heir who renounces a succession, may, nevertheless, retain the donation, or claim the legacy bequeathed to
Art. 917A donee who was not the heir presumptive at the time of the donation, but who, at the t ime of the opening of
Art. 918(1) Any donations made to the descendant of a person entitled to succeed at the time o f the opening of the su
Art. 919(1) The descendant succeeding in his own right to the donor, shall not be bound to collate the value of the th
Art. 920(1) Any donation made to the spouse of a person entitled to succeed shall be deemed to be made with exemption
Art. 921Collation is only due to the inheritance of the donor. What is subject to collation. Amended by: XIII.2007.6.
Art. 922Collation is due for what has been disbursed by the deceased for providing a dowry to any of his female descen
Art. 923All that which is left by will shall not, in the absence of a disposition to the contrary, be subject to colla
Art. 924The expenses of maintenance, education, and instruction, the ordinary expenses on the occas ion of weddings, a
Art. 925Any profits which may have been derived from agreements entered into with the deceased shall likewise not be s
Art. 926Nor shall any collation be due in respect of any special partnership entered into, withou t any fraud, between
Art. 928The fruits of, and the interest on things subject to collation, shall only be due from the day of the opening
Art. 929Any pension or annuity which the donor shall have bound himself to pay to th e donee during the lifetime of th
Art. 930(1) Collation is only due by a descendant, being a co-heir, to his co-heir as provided in article 913. (2) Sav
Art. 931(1) Subject to the provisions of the following sub-articles collation is made by imputing to the share of the
Art. 932(1) In all cases the donee shall be allowed the expenses with which he has improved the immovable, to the exte
Art. 934If the donor has exempted the donee from the obligation of collation, and the donation exce eds the disposable
Art. 937Repealed by : XVIII.2004.100. Where heir, etc., entitled to reserved portion demands abatement of gifts made t
Art. 938(1) Notwithstanding the provisions of articles 923 and 930, where the donee or legatee e ntitled to the reserv
Art. 939(1) The co-heirs shall contribute among themselves to the payment of the debts of the inheritance in such prop
Art. 940(1) In all cases, with respect to the creditors, each of the heirs shall be personally liable for the debts of
Art. 941(1) A co-heir who, owing to a hypothec, has paid more than his share of a common debt, cannot seek relief agai
Art. 942Where any of the co-heirs is insolvent, his share of the hypothecary debt sha ll be apportioned pro rata among
Art. 943The creditors of the inherita nce, and the legatees may demand the separation of the e state of the deceased f
Art. 944The legatee is not bound to pay the debts of the inheritance; saving in favour of the creditors the hypothecar
Art. 945The legatee who has paid a debt for which the immovable bequeathed to him was hypothecated, shall be subrogate
Art. 946Each co-heir is deemed t o have succeeded alone and directly to all the property comprised in his share, or co
Art. 947(1) The co-heirs are respectiv ely warrantors towards each other against molestations a nd evictions but only
Art. 948The co-partitioners may stipulate that they shall not be liable to any warranty; and in such case the provisio
Art. 949(1) Each of the co-heirs is personally bound, in proportion to his share of the inheritance, to indemnify his
Art. 950(1) The heirs are respectively warrantors towards each other in regard to the solvency of the debtors of the i
Art. 951The warranty in regard to the solvency of the debtor of an annuity shall not last beyond th e five years follo
Art. 952There shall be no warranty ag ainst the insolvency of the debtor where such insolvency h as occurred after the
Art. 953It shall be lawful for the any one of the parents or any other ascendant to divide and distribute his or her p
Art. 954(1) Any such partition may be made by an instrument inter vivos or by a will, with the formalities, and under
Art. 955Where the partition shall not have included all the property left by the ascendant at the time of his death, s
Art. 956(1) Any partition which is not made among all the children existing at the time of the opening of the successi
Art. 957A partition made by an ascendant may be impeached if it is made to appear from such partition or from any othe
Art. 958The nullity of the partition shall not operate so as to invalidate the dispositions in execution of which the
Art. 958AFor the purposes of this Sub-title: "cross-border succession" includes a succession wherein one or more of the
Art. 958BThe provisions of the Succes sion Regulation shall apply to cross-border successions fro m 17 August 2015 onwa
Art. 958C(1) The Civil Court (First Hall) shall be the competent court to deal with applications f or a declaration of
Art. 958DWithout prejudice to the provisions of article 958E(3) and (4), the competent authorities in Malta to issue a
Art. 958E(1) The Civil Court (V oluntary Jurisdiction Section) shall be competent to issue a Eu ropean Certificate of S
Art. 958FUpon receipt of an applicatio n for a European Certificate of Succession in the form prescr ibed in Article 65
Art. 958GIf it shall appear from the co ntents of the application, or from the examination, or from the information obt
Art. 958H(1) In examining the application, the Civil Court ( Vo l u n t a r y J u r i sd i c t i o n S e c t i o n ) s
Art. 958I(1) Every application for a European Certificate of Succession and every European Ce rtificate of Succession i
Art. 958J(1) The issuing authority shall issue one or more certified copies of the European Certificate of Succession t
Art. 958K(1) For the purposes of Article 72 of the Succession Regulation, decisions of the issuing authority pursuant t
Art. 958L(1) Property under trusts shall be regulated by the special law on trusts and to the extent applicable, the ru
Art. 958N(1) The provisions of article 605 shall apply to trusts in the same manner as it applies to wills, and on the
Art. 958OWhen there exist both donations and settlements, for purposes of determining the order of transactions and oth
Art. 958PFor the purposes of the calculation of the value of an estate for any purposes of this Code, including for the
Art. 958Q(1) A trustee appointed in t erms of a testamentary trust shall not be considered to be a testamentary executo
Art. 958R(1) Where movable or immovable property situated in Malta has been settled in trust, under the laws of Malta o
Art. 958SThe right of redemption as provided for in article 912 shall not apply when the transfer of the undivided shar
Art. 958TThe provisions of articles 1000 and 1001 shall not be interpreted as creating any l imitation on the power of
Art. 958UThe right of a debtor of a litigious right in terms of article 1483 shall not arise when the settlement involv
Art. 959Obligations which are not created by the mere operation of law, arise from contracts, quasi -contracts, torts,
Art. 960A contract is an agreement or an accord between two or more persons by which an obligation is created, regulat
Art. 961(1) A contract is synallagmatic or bilateral when the contracting parties bind themselves mutually the one tow
Art. 962(1) When each of the parties u ndertakes an obligation, the contract is te rmed onerous. (2) When one of the p
Art. 965Contracts, whether they have a special denomination or not, shall be governed by the general rules contained i
Art. 966The following are the conditions essential to the validity of a contract: (a) capacity of the parties to contr
Art. 967(1) All persons not being under a legal disability are capable of contracting. (2) The disability of persons s
Art. 968Any contract entered into by a person who has not the use of reason, or is under the age of seven years is nul
Art. 969(1) Any obligation entered into by a child under the age of fourteen years is also null. (2) Nevertheless, whe
Art. 970The provisions of the last p receding article shall also apply with regard to any person who has attained the
Art. 971(1) Subject to any other provision contained in the Commercial Code , any minor who has attai ned the age of f
Art. 971A(1) Notwithstanding any provision of this Code, a minor who has attained the age of sixteen (16) years may dep
Art. 972The disability of persons inter dicted is either general in regard to all agreements, or sp ecial in regard to
Art. 973Persons capable of contractin g may not set up the nullity of the contract on the ground of the disability of
Art. 978(1) Consent shall be deemed to be extorted by violence when the violence is such as to produce an impression o
Art. 979(1) Violence is a ground of nullity of a contract even where the threat is directed aga inst the person or the
Art. 980Mere reverential fear towards any one of the parents or other ascendants or towards one’s spouse, shall not be
Art. 982(1) Every contract has for its s ubject-matter a thing which one of the contracting parties bi nds himself to
Art. 983(1) The subject of an obligation must be a thing determinate, at leas t as to its species. (2) The portion or
Art. 984(1) Future things can form the subject of a contract. (2) Nevertheless, it shall not be lawful to renounce a s
Art. 985Things which are impossible, or prohibited by law, or contrary to morality, or to public policy, may not be th
Art. 986(1) Stipulations quotae litis are void. Excess of rate of interest. (2) Saving the provisions of article 1852
Art. 987An obligation without a consideration, or founded on a false or an unlawful consider ation, shall have no effe
Art. 988The agreement shall, nevertheles s, be valid, if it is made to appear that such agreement was founded on a suf
Art. 989Where the consideration stat ed is false, the agreement may, nevertheless, be upheld, if another c onsideratio
Art. 990The consideration is unlawful if it is prohibited by law or contrary to morality or to public policy. CIVIL CO
Art. 991(1) Where the consideration for which a thing has been promised is unlawful only in reg ard to the obligee, an
Art. 992(1) Contracts legally entered into shall have the force of law for the contracting parties. (2) They may only
Art. 993Contracts must be carried out in good faith, and shall be binding not only in regard to the matter therein exp
Art. 994Where the subject-matter of a contract is the alienation of the ownership, or of any other right over a certai
Art. 995(1) Where the subject-matter of the contract is an uncertain or indeterminate thing, the creditor does not bec
Art. 996(1) Nevertheless, with regard t o third parties any contract conveying the ownership of immovable property, or
Art. 997Where the thing which a person has by successive agreements undertaken to give or deliver to two or more perso
Art. 998Every person shall be deemed to have promised or stipulated for himself , for his heirs and for the persons cl
Art. 999(1) A person cannot by a contract entered into in his own name bind or stipulate for any one but himself. but

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.