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Title: | Contracts which negative the right of pre-emption |
Authors: | Lia, Carmelo |
Keywords: | Civil law -- Malta Contracts -- Malta Obligations (Law) -- Malta |
Issue Date: | 1958 |
Citation: | Lia, C. (1958). Contracts which negative the right of pre-emption (Master's dissertation). |
Abstract: | The right of Pre-Emption derives directly from the law (s.1491). It consists in the right of a person of assuming a sale made to another person, succeeding to all his rights and obligations (s.1508). Following Pothier, our legislator, has incorporated the Sections relating to Pre-Emption under the title concerning the contract of Sale; however, it is not sale alone that might be affected by Pre-Emption, but any other contract where the nature of sale predominates, such as datio in solutum, where the price is compensated with a debt of the seller towards the purchaser. Moreover, on any Emphyteutical or subemphyteutical grant, the right of pre-emption shall also be competent in regard to the dominium Utile, saving the right to preference granted by law. |
Description: | LL.D. |
URI: | https://www.um.edu.mt/library/oar/handle/123456789/65402 |
Appears in Collections: | Dissertations - FacLaw - 1958-2009 |
Files in This Item:
File | Description | Size | Format | |
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Lia_Carmelo_1958.PDF Restricted Access | 9.57 MB | Adobe PDF | View/Open Request a copy |
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