The set of rules of a condominium

Abstract

The purpose of this thesis is to give an overview of the set of rules of condominia and its implications. Since Act XXIX of 1997 does not provide a detailed meaning of what the set of rules of a condominium is and the provisions of the Maltese Act are very similar to those on condominia in the Italian Civil Code, in the first three chapters the thesis analyses the various definitions that have been adopted by Italian text writers and Italian courts with regard to the set of rules of a condominium, in Italy known as 'il regolamento condominale'. Chapter Four tries to identify the content of the set of rules and in particular that of the regulatory clauses. Following this identification, it analyses what is meant by use, abuse and restrictive use of the common parts of a condominium and the individual interest of the condomini with regard to such common parts. The next chapter examines typical clauses found in a set of rules, including the usual contents of contractual clauses. Finally, Chapter Six discusses the relation between the set of rules and the condomini's obligation to observe such rules, and it also discusses the contract of lease and the parties' obligations with regard to such contract.