Civil Code (Cap. 16)
Civil Code (Cap. 16), article 365
365. (1) No action shall lie in favour of the usufructuary to
compel the owner to carry out the repairs which are at his char ge;
but, if the owner refuses to carry out such repairs, it shall b e lawful
for the usufructuary to demand that he be authorized by the cou rt to
effect such repairs, and to recover from the owner, at the
termination of the usufruct, the amount of the expenses incurre d,
without interest, provided the utility of the repairs subsists at the
time of the terminati on of the usufruct:
Provided the usufructuary shall be entitled to recover only the
value of such repairs as determined by means of a valuation, re gard
being had to the time of the demand, if he fails to give to the owner
an account of the expenses incurred by him together with the
respective vouchers within six months from the day on which the
repairs shall have been completed.
(2) The account shall be consid ered as accepted by the owner,
if he shall not, within two months, declare his intention to co ntest
it.
Where owner
consents to carry
out extraordinary
repairs.
Amended by:
XXII.2005.81.
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.