

Summer Shutdown
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Our offices will be closed from 10 August 2026 to 14 August 2026.
We look forward to welcoming you back when we reopen on Monday, 17 August 2026.

PROLEGAL Advocates
5 days ago1 min read
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Parking Provision, Functional Planning Relationships, and Judicial Notice in Maltese Planning Law
A recent judgments shows that parking in planning law turns on urban function, not ownership, and may be assessed through tribunal expertise.

Dr Carlos Bugeja
May 85 min read
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Co-Ownership and Burial Rights
Court of Appeal (26 March 2026): limits of co-ownership confirmed in a dispute over burial in a shared grave.

PROLEGAL Advocates
Mar 313 min read
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From Defective Emphyteusis to Protected Lease
An interesting judgment delivered by the Rent Regulation Board in 2024 held that a private agreement purporting to create a temporary emphyteusis was null for want of legal form, yet nevertheless gave rise in substance to a protected lease, since the evidence showed that the parties had in reality long operated a lessor-lessee relationship.

Dr Carlos Bugeja
Mar 184 min read
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Witnesses in Court
Under the COCP (Cap. 12), witness evidence is governed by a presumption of competence, procedural rules on examination, and cross examination and limits on questioning arising from privilege, self-incrimination, and hearsay.

Dr Carlos Bugeja
Feb 129 min read
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Forcing a Sale - Article 495A
Article 495A allows court-authorised sale of co-owned property when the majority agrees, and the minority is not seriously prejudiced.

Dr Carlos Bugeja
Jan 223 min read
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Planning Circular 1/26
PA Circular 1/26, issued today, sets out three operative clarifications aimed at improving regulatory certainty in development control.

PROLEGAL Advocates
Jan 141 min read
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Strengthening contract rules through Fiduciary Obligations
Fiduciary duties in Malta are triggered whenever one person wields discretion over anotherβs patrimony, whatever the label attached. These rules fortify the normative core of contract by converting discretionary power into an enforceable duty of undivided loyalty.

Dr Carlos Bugeja
Aug 6, 20253 min read
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