Historical milestones in the law of lease

Abstract

The modem institute (and contract) of lease in Maltese Law dates back to the times of Emperor Justinian who ascended the throne of the Eastern Empire in 527 A.D. The institute of lease in Maltese Law is of a very ancient age, being Roman in its genesis. This thesis aims at presenting a detailed historico-legal narrative on the development of the regime of lease in Maltese law, pinpointing major developments in the Institute of Lease and making reference to those institutions, and groups of persons who have played a role in the process. By way of necessary introduction, this thesis gives a compressed account of the state of the relevant laws in the previous centuries, beginning circa 753 B.C. The introduction mentions the aims of this thesis, the sources tapped and the method used. The first chapter gives an outline of the origin of the institute of lease which finds its conception in Roman Law. The development of the relevant regime in Malta in the pre-classical and classical periods up to the late Middle Ages is also discussed in the same chapter. Chapter 2 offers a study of the first written laws on the Island regarding the institute of lease in the fifteenth century and its transformation under the Order of St. John. Chapter 3 is an overview of the development in the field under British rule. Furthermore, it treats the harmonization and specialization of local legislation on the subject-matter. Mention is made of the extensive legislative developments, with particular emphasis on the Civil law codification and reforms and innovations in the sector. Chapter 4 delves into the milestones brought about by the special legislation regarding the law of lease. Since the Civil Code was not enough to regulate the changing circumstances of the Maltese society, these special laws have introduced laws particular to the institute under study.