AN ACTIO amend the CivjJ Code, Cap. 16.

I assent .

(L.S.)

Uoo M IFSUO BONNICI

Preside nt

10th March. 199.5

ACf No. IV or 1995

AN ACTIO amend the CivjJ Code, Cap. 16.

BE IT ENACIED by the Preside nt, by and wilh the adv ice and

consent of the House of Representatives, in Ihis present Parliament

assembled. and by the authori ty of the same, as follows:-

l. This Act may be cited as the Civil Code (Amendme nt) Act.

1995. and shall be read and construed as one with the Civil Code,

hereinafter referred 10 as " the principal law".

Section 1322 of the principal law shaU be amended as

follows

(a) the present subsections (5) and (6) shall be renum-

bered as subsections (6) and (7) thereof respect ively;

(b) the following new subsection shall be inse rted

immedilllcly afle r subsection (4 ) thereof

The provisions of subsection (4 ) of this

"(5)

section shall continue to apply even after the tennin:ltion of

the community of acq uests for any reason whatsoever and

aTe without prejudice to the right of each of the spouses to

his or her full share of the community upon its partition.";

ond

(c)

in subsection (7) thereof as renumbered. for the words

Min subsection (5) o f this Stttion" there shall be substituted the

words " in subsecti on (6) o f this Stttioo·'.

Lmmediately after section 1576 of the principal law. there

shall be added !he following new sections

1576A. Notwithstanding the other provisions ofmis

Code and of any other law, the lessor, where this is the

Government or any corporation or authority established by

law, may at all times in the public interest. dissolve a contract

of lease where the lease has. been made fo r a fixed tenn which

has not expired. by giving notice by means of ajudicial act

to the lessee. which notice shall be of not less than three

months both in the case of urban tenements used for

habitation and in the case of other tenements: and where

such notice has been given the conlnlCt of lease shall be

dissolved on thc date mentioned in the notice and the

foll owing provisions of this sub-title shall be appl icable.

1576B. Where the lessor who dissolves the contract

_...

in accordance

. with section

. 1576A of this Code,

. would have

had a valid reason to dissolve the contract ID accordance

with the provisions of sections 1566 to 1575 of this Code.

the lessee shall have no right to compensation.

I 576C. Where the lessor who dissolves thc contract

in accordance with section 1576A of this Code would not

:;:'''''';011 have a valid reason to dissolve the contract in accordance

with the provisions of sections 1566 to 1575 of this Code,

he is to pay to the lessee a sum 10 be fixed by the Court,

according tocireumstances, to compensate to the said lessee

for the added expenses incurred by him 10 vacate the

tenemenl before the expired tenn as well as to lease, and

transfer to, another tenement as similar as possible to the

one vacated. and this for the unexpired tenn of the contract,

and in the case of commercial premises, where the lessee

proves that he has suffered a loss in the goodwill because of

the dissolution of the contract, a sum to be fixed by the Court,

according to circumstances, to compensate for the loss in

such goodwill. taking into account the unexpired tenn of

the lease before the dissolution.

1576D. ( I) The contract shall be immediately

dissolved when the lessor gives notice to the lessee as

provided in section 1576A. and the lessee shall no longer

have any title to the tenemenl. and this without the need of

any authorisation or confinnation by the Court.

(2) The di ssol uti on of the contract

according to section 1576A shall not be opposed on the

allegation that there is no necessity therefor in lhe public

interest, but if it is proved that the contract is dissolved

abu ~iveJy and not in the public in terest, the lessee shall have

a ri ght to such damages as the Coun may deem appropriate

in the circumstances.".

For section 16400fthe principal law there shall be substitu ted

the following

1640. ( I) 11 shall be lawful fo r the e mployer to

dissolve the cont ract, even though the work has been

commenced.

(2)

If the employer has no valid reason for

the dissolution, he is 10 compensate the contractor for all his

expenses and work and to pay him a sum 10 be fixed by the

Coun. according to circumstances, but not exceeding the

profits whic h thecontractor could have made by the contract.

If the employer has valid reason for the

(3)

dissolution. he is to pay the contractor only such sum which

shall nOI exceed lhe expenses and work of the contractor.

after taking into consideration the usefulness of such

expenses and work to the employer as well as any damages

which he may have suffered .

(4) Any advance made to theconlCaCtorbefore

the dissolution of the contract shall be applied to the sums

due in tenns of subsection (2) or (3) of this section and lhe

contractor shall return any resulting excess 10 the employer.

(5) T he contract sha ll be immediately

dissolved when the employer infonns the contractor, by any

means whatsoever, of his decision to dissolve the contract,

and Ihis without the need of any authorisation orconfinnation

by any Coun ....

Passed by the House of Representatives at Sitting No. 399 of 6th March. 1995.

LAWR ENCE GONZI

Speok~r

RIC H A RD J. CA U CHJ

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