Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/62011
Title: The law governing condominia in the light of Act XXIX of 1997
Authors: Zrinzo Azzopardi, Stefan
Keywords: Civil law -- Malta
Condominiums -- Law and legislation -- Malta
Issue Date: 1999
Citation: Zrinzo Azzopardi, S. (1999). The law governing condominia in the light of Act XXIX of 1997 (Master's dissertation).
Abstract: The purpose of this thesis is to give an overview of condominium law in the light of the 1997 Act. The thesis is divided into seven chapters and each chapter discusses a particular area of condominium law. In the first chapter, the author discusses the definition of condominium found in the Act. Reference is made to Italian authors and judgements discussing the various theories and definitions that were forwarded by them. Chapter 2 discusses the term "condominus" as defined in the Act as well as their rights in the condominium. It contains an exposition of the parts that are presumed common in the condominium by the Act. Following the identification of the common parts in chapter 2, chapter 3 examines the regulation of the use of the common parts and the exclusive parts. In this case, the author outlines the deficiencies of the Act and proposes amendments in order to enhance the regulation of the law. The next chapter analyses the introduction of innovations in the condominium. The author also explains the right of supra elevation held by the owner of the airspace overlying the condominium. Furthermore, this chapter contains a discussion on the reconstruction of the condominium in the case of destruction by a fortuitous event. Chapter 5 deals with the administration of the condominium. It explains the constitution of the meeting of the condomini and the functions assigned to it. Moreover, the author examines the appointment and dismissal of the administrator as well as the duties conferred upon him by law. The author also refers to the partitioning of expenses. Chapter 6 discusses the settlement of intra-condominial disputes, whereas in the final chapter there is an examination of the transitory provisions. The author specifically refers to the instances in which the Act will be applicable once it comes into force. It must be noted that due to the vastness of the subject, the author could not conduct a detailed examination on all the relevant areas of law. The object of this thesis is to discuss the concepts introduced by the Act with regards to the management of condominia and to propose amendments to regulate areas that are not clearly catered for by the Act.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar/handle/123456789/62011
Appears in Collections:Dissertations - FacLaw - 1958-2009

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