Co-ownership in the civil code and the Condominium Act

Abstract

In this thesis, the author highlights the concept of co-ownership under the Civil Code, Chapter 16 of the Laws of Malta, and under the Condominium Act, Chapter 398 of the Laws of Malta. The author then proceeds to determine important duties, burdens and rights under both the Civil Code and the Condominium Act. Divisibility and the indivisibility of property owned in common are discussed in Chapter 3. The concept of forced sale under Article 495A of the Civil Code provides for the instance where co-owners fail to agree in respect of the sale of a thing held in common; this is elaborated upon in Chapter 4. Article 497 also gives the power to the Court to order the dissolution of the community notwithstanding the prohibition of the testator. Costs versus apportionment according to the value of the property are discussed in Chapter 5. In the Civil Code, Article 492 provides that each of the co-owners may compel the others to share the expenses necessary for the preservation of the common property. Furthermore, Article 493 provides that no alterations are to be made without the consent of all the co-owners. On the other hand, Article 11 of Chapter 398 of the Laws of Malta sets out the manner in which the apportionment of costs should take place. In Chapter 6, the role of the administrator in the Civil Code versus that in Chapter 398 of the Laws of Malta is explored. Article 494 of the Civil Code vests the Court with the power to appoint an administrator of common property The Condominium Act propounds the method for appointment and removal of the administrator, together with lengthy provisions regarding the function and the representation of this administrator. The issue of registration under both the Civil Code and the Condominium Act is also discussed in this thesis.