ACT No. XXX of 1981 AN ACT further to amend the Civil Code, Capo 23.

I assent.

(L.s.)

ANTON BUTTIGIEG

President

31st July, 1981

ACT No. XXX of 1981

AN ACT

further to amend the Civil Code, Capo 23.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

This Act may be cited as the Civil Code (Amendment) Act,

1981, and shall be read and construed as one with the Civil Code,

hereinafter referred to as "the principal Jaw".

For section 47 of the principal law there shall be substituted

the following

"47. Either of the spouses may demand separation on the

grounds of excesses, cruelty, threats or gross insults on the part of

the other against the plaintiff, or of any of his 01" her children. or

on the ground that the spouses cannot reasonably be expected to

live together as the marriage has irretrievably broken down

Provided that separation on the ground that the marriage has

irretrievably broken down may not be demanded before the expira­

tion of the period of four years from the date of the marriage, and

provided further, that the Court may pronounce separation on such

ground notwithstanding that, whether previously to or after the com­

ing into force of this section, none of the spouses had made a de­

mand on such ground.".

In section 72 of the principal1aw immediately after subsection

(2) thereof there shall be added the following new subsection (3)

'"RCllur.c:a­

Notwithstanding the provisions of any other law, it

(3)

tion of

shall be lawful for either of the spouses to renounce in a

inherit­

public deed of separation to the successi on of the other

ance.

spouse.".

Immediately after subsection (3) of section 106 of the principal

Amendment of

section 106 of

law there shall be added the following

the principal

law.

"(4) An il1egitimate child who has not been acknowledged

by the father, or the descendants of such child, may retain the sur­

name - being any sumame other than that of the mother - which

the child has assumed and which shall be dec1ared by the Court that

he has always bome, and the proviso to paragraph (b) of subsection

(2) of this section shall apply to such dec1aration.".

Substitution of

For section 141 of the principal law there shall be substituted

section 141 of

the following

the principal

taw.

" 141. Upon an adoption decree bein g made, the person in

respect of whom the adoption decree is made shall assume the

sumame of the adopter

Provided that where the per son to be adopted is a child below

the age of four years, the adopter may, with the approval of the

Court, give such child a new name.".

In subsection (1) of section 159 of the principal law immedia-

Amendment of

section 159

tely after the words "movables by nature" insert the word "inc1uding

of the

motor vehicles".

principallaw.

Amendment of

ImmediateJy after subsection (2) of section 160 of the principal

section 160 of

law there shall be added the fol1owing

the principal

Iaw.

"(3) Where the surviving spouse has fiIed the return in res­

pect of property comprised in a chargeable transmission in accor­

dance with the provisions of the Death and Donation Duty Act,

1973, sueh spouse shall be deemed, for the purposes of this section,

to have accepted the inheritance devolving upon the minor with the

benefit of inventory with respect to such property as shall have

been declared in the said return, which inventory shalI be deemed

to have been duly drawn up and published according to the said

return, without the necessity of any further forma1ity or authoriza­

tion required by any law.".

Amendrnent of

Section 632 of the principallaw shall be amended by the addi-

section 632 of

tion of the fol1owing proviso at the end thereof

the principal

Iaw.

"Provided that a secret wm in one and the same instrument

&hall not be made by husband and wife after the 15 th day of August,

1981.".

Immediately after subsection (2) of section 1288 of the pnn-

Arnendment of

cipal law there shalr be added the following new subsection

section 1288 of

the principal

law.

"(3) After the ce1ebration of the marriage the spouses may,

without the necessity of any authority of the Court, substitute a

special hypothec for any general hypothec established in the mar­

riage contract.".

In subsection (l) of section 1581 of the principal law, immed­

iately before the figure "1583" there shan be inserted the figure "1582A".

Immediately after section 1582 of the principal1aw there shall

be added the following new section

1582A. (l)

Where a grant in emphyteusis is made in

;:���:ay perpetl:lity, the emph�teuta, even t � ough the ground-rent n:tay

be revlsed at stated mtervals of t1me, shall have the optlOn

the ground-

to redeem the ground-rent as provided in the following sub·

sections of this section, unless the contract itself, being a

contract entered into before the fifteenth day of August, nine­

teen hundred and eighty one, provides for a different manner

in which the redemption may be effected.

(2) Such redemption of the ground-rent shall be

made by the payment of a sum equivalent to the amount of

the ground-rent capitalised at the rate of five per centum

Provided that where the contract provides that

the ground-rent may be revised at a specified time or on the

happening of a specified condition, the redemption may be

opted for by the emphyteuta within the first year of the date

of any such revision, or the happening of such condition, and

the sum payable for the redemption of the ground-rent shall.

in such case, be equivalent to the amount of ground-rent s.)

revised capitalised at the average rate of interests payable �y

a Commercial Bank on deposits of a fixed nature at the time

of the redemption.

(3) Where there are more than one dominus,

the emphyteuta may redeem from one or more of them separa­

tely.

(4) Where the tenement is held in sub-emphy­

teusis in perpetuity, the sub-emphyteuta shall be entitled to

redeem the original ground-rent and the increase in ground­

rent by the payment of the sum due for the redemption estab­

lished in accordance with the provisions of this section.

(5) Any clause in any agreement whereby the

emphyteuta is deprived of the right of redeeming the ground­

rent conferred by this section, shall be considered as if it has

not been included in such agreement.

(6) The redemption of the ground-rent may be

effected by an agreement between the dominus and the

emphyteuta made in a public deed or by means of the schedule

referred to in subsection (7) of this section.

(7) Where the redemption is not made by

public deed, the emphyteuta may effect such redemption by

filing at his expense in the Registry of the First Hall of the

Civil Court, a schedule of redemption and at the same time

depositing in the said Registry the sum due for the redemp­

tion established in accordance with the provisions of subsec-

tion (2) of this section; and with respect to such schedule, the

following provisions of this subsection shall, notwithstanding

anything to the contrary in any other law contained, have

effect

(a) where the person first granting the emphyteusis

or the person to whom the rights of the dominus are

assigned is dead, the schedule of redemption may be

served on, and the deposit may be made in favour of,

one or more heirs of the dominus or his assignee, and

such heir or heirs shall, for all purposes of law, be

deemed to represent all those persons having a legal

interest in the schedule of redemption and in the money

so deposited;

(b) the omission from the schedule of the name ·Jf

any person having an interest in any part of the moneys

deposited in accordance with the provisions of this sec­

tion, shaH not affect the right of any person sa omitted

to any share in the amount deposited;

(c) service of the schedule shall be effected only

on the person named in such schedule and if within

three months from the day on which the schedule is filed,

service is not effected on the person aforesaid, either by

reason of absence or for any other reason, the emphy­

teuta shall at his expense request the Registrar of the

Superior Courts to have the contents of the schedule pub­

lished in the Gazette, and upon such publication the

person on whom the schedule was due to be served shall,

for all purposes of law, be deemed to be served with the

schedule;

(d) the emphyteuta shall cause a copy of the

schedule to be served on the Director of Public Registry,

who shall keep a register of such schedules, and section

30 of the Public Registry Act shall, mutatis mutandis,

apply to such schedules.

(8) The deposits mentioned may be withdrawn

by the persons entitled thereto on proof of their title being

made to the Registrar of the Superior Courts.".

Section 1612 of the principal law is hereby repealed.

12.

L a r tikolu 1612 tal-Jiġi prinċipali hu hawnhekk revokat.

Section 2091 of the principal law shall be amended by the

addition of the following subsections at the end thereof

"(3) Any antichresis created by virtue of a public deed

before the 28th February, 1961, for a period exceeding thirty

years, is deemed to be a sale, provided that the provisions of sub­

section (4) of this section are complied with.

(4) The creditor may within two years from the 15th August.

1981, enrol the public deed referred to in subsection (3) of this

section in the Public Registry as a transfer by title of sale.".

In Subsection (1) of section 2143 of the principal law, for

Amendment of

section 2143 of

the words "within fifteen days" there shall be substituted the words

the principal

"within four months".

taw.

Passed by the House of Representatives at Sitting No. 530 of the 28th July,

1981. C. AGIUS

Speaker

c. MIFSUD

Clerk to the House of Representatives

Kastilia

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Published by the Information Div/sion - Kastilja

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