The protection of purchasers in the acquisition of immovable property with special reference to Malta

Abstract

The main aim of this dissertation is to analyze the protection available to purchasers against loss they suffer as a result of a defect in the title of the immovable property they acquire. It deals both with the remedies available in Malta according to the Civil Code, as well as the possible indemnification of any losses through systems of insurance. In Chapter 1, the defect in title is examined from two perspectives: the formal invalidity of a notarial act, and a defect in the soundness of the title to the immovable which is transferred by virtue of the act. Chapter 2 evaluates, with reference inter alia to Maltese decided cases, the responsibility of the notary arising from his failure to publish a formally valid act and to make a satisfactory examination of title to the immovable transferred. The seller‟s obligations towards the purchaser resulting from the deed of sale are also tackled. Chapter 3 assesses the actions and remedies available to the purchaser in terms of the Civil Code. Chapter 4 studies the extent to which a purchaser is presently protected in Malta through insurance-based systems, namely the Government insurance fund set up in terms of the Land Registration Act, and the professional indemnity insurance offered to notaries by local insurance companies. Chapter 5 delves into the history, juridical nature, benefits and the reception of title insurance in a common law and a civil law jurisdiction.