The laws of entail and disentailment : their 18th and 19th century vicissitudes

Abstract

This thesis treats the institute of fideicommissum, or of entailed property, as it developed and survived in Maltese law from its origins in Roman Law after 218 B.C. down to 1950 A.D. However, this thesis focuses on the relevant legislation in Malta during the eighteenth and nineteenth century. By way of introduction, this thesis gives an account of the relevant laws in the previous centuries, beginning more or less around 218 B.C. The first chapter gives an outline of the historical background and origins of the institute of fideicommissum in Malta from 218 B.C. until the advent of the Order of St. John. The second chapter gives a more detailed account of the relevant legislative provisions dealing with the institute of fideicommissum following the promulgation of the Dritto Municipale de Malta (Code de Rohan) in the eighteenth century. With the promulgation of the Code de Rohan, the institute of fideicommissum saw its first restrictions. Next, the third chapter recounts how in the ensuing nineteenth century the institute of fideicommissum was further restricted in scope and application. During that century Malta was under British rule. Chapter 4 offers an account of legislative attempts made by Maltese legislatures to disentail property subject to a fideicommissum during the first fifty years of the twentieth century. Chapter 5 deals with the period· starting from 1950 to date and refers to the actual state of legislation on the institute of fideicommissum in Malta.