Transactions by non residents and foreigners concerning immovable property in Malta

Abstract

As a general rule it can be said that the acquisition of immovables is regulated by the law of the country where the immovables are situated. It is the "lex situs" that governs all questions that arise with regard to immovable property and "if the laws of' the country exclude aliens from holding lands either by succession purchase, or devise such a title becomes wholly inoperative as to them whatever may be the law of their domicil." In other words notwithstanding the fact that the purchaser's, vender's, testator's legatee's or heir's law of domicil gives him the fullest and most extensive of powers to acquire immovables in another country this is of no avail, if the law of the country where the immovable is situated prohibits or in any way limits such acquisition. Does the "lex situs" govern both the formal and essential validity of a transfer of immovables?