The effects of redemption in emphyteusis

Abstract

In this study we must assume a logical sequence of research and discussion. We shall first examine the history of the right of redemption, any similarities that may' be drawn with other notions of civil law, the 1981 amendment, and another amendment of 1979 to another law but which directly affects our discussion, as well as a constitutional issue that arises out of these two amendments. Then we shall examine any Maltese case-law relative to the question, and some Italian judgments and jurisprudence regarding redemption under the Italian 1942 Civil Code, to arrive finally at a comparative study and suggestions for reform. Due to the fact that redemption is a novel introduction in our civil law system, arid that the only other continental law system that heralds a similar provision is the Italian, a certain difficulty was encountered in this study, not as much as in volume of material to consult, but rather in the diversity and originality that other systems would have further contributed. Otherwise, the proximity in relationship between our civil law and the Italian Civil law was of a great advantage, and the wealth of that state's jurisprudence was nontheless enriching for our purpose. In this study it shall therefore be attempted to draw a detailed picture of the local situation prevalent today with regard to the institute, carrying out a careful examination of the various modes and practices with which redemption is being seen and dealt with, as well as analysing critically the various documents essential for this exercise, and this will lead us to some conclusions that have to be made, and some suggestions for law reform.