Civil Code (Cap. 16)
Civil Code (Cap. 16), article 142
142. The following property shall not be subject to the legal
usufruct:
(a) property bequeathed or given to the child on condition
that the parents or either of them shall not have the
usufruct thereof:
Provided that any such condition shall be inoperative
in regard to property reserved to the child by way of
reserved portion:
Provided further that where the property is
bequeathed or given to the child on condition that only
one of the parents shall not have the usufruct thereof,
such property shall be subject to the usufruct of the
other parent, sohowever that in any such case, the
fruits of such property shall not be comprised in any
community of acquests subsis ting between the parent
e n j o y i n g t h e u s u f r u c t and the parent excluded
therefrom;
(b) property given to the child to undertake a career, an art
or a profession;
(c) property devolved on the child by inheritance, legacy
or donation where such inh eritance, legacy or donation
has been accepted in the int erest of the child against
the wishes of the parents:
Provided that where such property has been accepted
on behalf of the child by one parent against the wishes
of the other parent, such property shall be subject to
the usufruct of only that parent who made the
acceptance; sohowever that in any such case, the fruits
of such property shall not be comprised in any
community of acquests subsis ting between the parent
accepting such inheritan ce, legacy or donation as
aforesaid, and the paren t who has not so accepted;
(d) property which the child may have acquired by his
own work or his own separate industry.
Obligations to
which usufruct of
parents is subject.
Amended by:
XXI.1993.57.
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.