Civil Code (Cap. 16)

Civil Code (Cap. 16), article 379

Official PDF on legislation.mt

379. (1) Usufruct may also terminate by reason of the wrongful use which the usufructuary makes of his right, either by causing injury to the tenements, or by suffering them to run in to ruin for want of ordinary repairs. (2) In any such case the court may, according to the gravity of the circumstances, instead of ord ering the absolute termination of the usufruct, either appoint an administrator, or order that th e property be returned to the owner, subject to the condition, however, of paying annually to the usufructuary, or to those claiming under him, a fixed sum during the continuance of the usufruct. ( 3 ) T h e u s u f r u c t u a r y , a s w e l l a s a n y o f h i s c r e d i t o r s , m a y prevent the termination of the usufruct, the appointment of an administrator, or the return of the property as aforesaid, by o ffering to carry out the necessary repairs , and by giving security for the performance of this obligation within a time to be fixed by the court, provided the offer be mad e and the security given before judgment is delivered on the demand of the owner, or within fif teen days from the day on which the judgment has become a res judicata. Duration of usufruct granted to body-corporate, Amended by: XIII.2007.4.

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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.