The development of the regime of emphyteusis in Maltese law from 1400 to date

Abstract

The modem institute (and contract) of emphyteusis in Maltese Law dates back to 1868. The institute of emphyteusis in Maltese Law is however, of a very ancient age. It is more than two millenaria old. It is Roman in its genesis. This thesis aims at presenting a detailed historico-legal narrative on the development of the regime of emphyteusis in Maltese Law from 1400 to date. By way of necessary introduction, this thesis gives a compressed account of the state of the relevant laws in the previous centuries, beginning more or less around 218 B.C. The first chapter mentions the aims of this thesis, the sources tapped and the method used. The second chapter gives an outline of the historical background and origins of emphyteusis as a legal institute. The development of the relevant regime in Malta in the pre-classical and classical periods up to the late Middle Age is the meat of Chapter 3. Next, Chapter 4 offers a study of the institute of emphyteusis in the fifteenth century and its transformation and codification under the Order of St. John. Chapter five is an overview of the development in the field under British rule. Furthermore, it treats the harmonization and specialization of local legislation on the subject-matter. Mention is made of the extensive legislative developments, including the Civil Law Codification and reforms and innovations in the sector.