The constitutional implications of Act XXIII of 1979

Abstract

The contract of letting and hiring of urban immovable property in Malta is regulated by the Civil Code. but a number of special laws enacted at sporadic intervals have introduced new principles which have distorted to a significant degree the basic concept embodied in the Code. The common factor underlying the special Rent laws is the intention to protect the tenant. who is perceived as the "weaker party" in the landlord - tenant relationship. These laws were enacted to meet specific needs as these began to make themselves felt in the housing sector especially when a growing population and the post-war housing shortage necessitated Government intervention to avoid a crisis. Unfortunately, sufficient consideration was not always given to the need to maintain an internal organic harmony between the various laws which regulate the subject. and many provisions. though still embodied in the Civil Code. are incompatible with the special laws and have therefore been rendered inoperative, with the inevitable result that the harmony which is one of the great benefits of codification has been lost.