Issue link: https://maltatoday.uberflip.com/i/1528159
8 maltatoday | SUNDAY • 20 OCTOBER 2024 OPINION & LAW Law Report THE buyer of a property may reduce the price, if there is a defect in the title of the property and the buyer insists to purchase the share of the property which is certain. This was decided by the Court of Appeal on 15 October 2024 in Godwin Azzopardi vs Mary sive May Cauchi et. The Court of Ap- peal was presided over by the Chief Justice Mark Chetcuti and judges Robert Mangion and Grazio Mercieca. The case concerned the enforcement of a promise of sale agreement. The defendants were the sellers of properties in Birkirkara, while the plaintiff was the buyer. From the searches, it resulted that part of the prop- erty was acquired by inheritance from their mother and part from their parents. It just happens that their father died abroad and nobody knows who his heirs are. As a result, the sellers are not owners of the proper- ties in full but they have a share. The buyer wanted to purchase that part of the property the sellers owned and reduce the price pro- portionally. The First Hall of the Civil Court ordered the sellers to sell their part of the property to the buyer in terms of the promise of sale agreement. The sellers appealed this judgment on two grounds, in that in essence the court was changing the conditions of the promise of sale agreement and that the judgment did not establish the share the sellers owned. On the first ground of appeal, the sellers argued that the reduction in price should allow them to get out of the promise of sale agreement. The sellers quoted two judg- ment of the First Hall of the Civil Courts, Hecnef vs Koludrovic of 20 March 2003 and Univest Enterprises Limited vs Josephine Mary Kilford of 15 November 2018. In the first judgment, the Plaintiff had asked the court to reduce the selling price of a proper- ty because in the searches the notary found that the property was subject to a ground rent. The Court turned down the claim, since the ground rent was not a sufficient reason to decrease the selling price and the full price had to be paid. This principle was based on Article 1357(2) of the Civil Code which reads: "(2) The effect of such promise shall cease on the lapse of the time agreed between the parties for the purpose or, failing any such agreement, on the lapse of three months from the day on which thesale could be car- ried out, unless the promisee calls upon the promisor, by means of a judicial intimation filed before the expiration of the period ap- plicable as aforesaid, to carry out the same, and unless, in the event that the promisor fails to do so, the demand by sworn appli- cation for the carrying out of the promise is filed within thirty days from the expiration of the period of aforesaid." In another case Bonnici vs Muscat, decid- ed by the First Hall of the Civil Court on 11 May 2012, the issue was whether the prop- erty had vacant possession and the plaintiff wanted to reduce the selling price to reflect that the property was not vacant. The Court held that if the sale is not possible the buyer may proceed for damages. The buyer in this case argued in court that there was a valid agreement for the sellers to sell the property and the promise is as valid as a contract. The buyer can renounce to purchase the property or part thereof. If the sellers are owners of part of the property, then the buyer may enforce the promise of sale on that part of the property. The buyer may terminate the promise of sale agree- ment or insist on the obligations listed in the agreement or purchase less than promised with a reduction of the price. The court referred to another judgment, Camilleri vs Borg, where there was a prom- ise of sale of two apartments with the right of use of the roof. It resulted that it was im- possible to use the roof. The court in that case held that the sale could proceed with a reduction in price. The Court also referred to other judgments on this point of law, such as Fiott vs Cauchi, decided on 28 June 1948 and Perit Anthony Stivala vs Gerald De Trafford decided on 25 February 2000, both by the Court of Appeal. The Court also referred to Italian law which is close to Maltese law on this subject. In the case of latent defect, Italian jurispru- dence is that the buyer either concludes the sale or terminates the promise of sale. Other judgments allow a reduction in price. The Court of Appeal agreed with the First Court that ordered the execution of the promise of sale agreement with a reduction in price. The court held that the promise of sale agreement is binding on both parties, with an obligation to appear on the final deed. If one of the parties fails to appear then the other party may proceed with damages, however, the seller may insist for the sale to proceed. As to the reduction of the price, the Court of Appeal argued that the court was not changing the price mentioned in the prom- ise of sale agreement, but allowing an adjust- ment to reflect the obligation. The Court held that the law does not give a rigid option in that either the seller pays the full price or else proceed to open a damages claim. The Court of Appeal upheld the second plea in that the First Court had to deter- mine the precise share that the sellers could transfer to the buyer. The First Court in its judgment was in fact allowing the notary to determine which share and the price. The Court then moved to confirm that the sellers were to sell their portion of the prop- erties to the buyer, but ordered that the First Court determine the undivided share of the sellers. Court allows a reduction in price when there is a defect in the title LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates Girls' vision for the future "Being a girl shouldn't determine what you can do, where you can go or who you can become. But right now, that is the reality for millions of girls across the world. Too many are being left behind, confronted by extreme challenges that deny girls their rights, restrict their choices and limit their futures." THE 11 October, celebrated globally as the International Day of the Girl Child, highlights the achievements and strug- gles of girls around the world. This year's theme, 'Girls' vision for the future,' reflects the urgent need to empower girls, allowing them to envisage and actively shape their futures in every aspect of life. In line with this vision, girls today are increasingly stepping into leadership roles, transforming their communities and societies. Educational programmes have empowered more girls to pursue traditionally male-dominated fields like STEM (Science, Technology, Engineering, and Mathematics), offering them new op- portunities to excel. Research shows that when girls are empowered to lead, the benefits ripple through families, commu- nities, and even economies. Despite these benefits, many girls face significant societal barriers that limit their opportunities. This is why it is crucial not only to address stereotypes related to ed- ucation and the digital divide but also to challenge the broader societal expecta- tions that continue to hold girls back. Gen- der stereotypes that dictate acceptable be- haviours, roles, and opportunities for girls and boys perpetuate these inequalities. By fostering an environment where girls are encouraged to pursue leadership roles, STEM fields, and education at all levels, we can dismantle these harmful stereotypes. Through sustained efforts such as policy reforms and awareness-raising, we can help close the gender gap and ensure girls everywhere have the resources they need to thrive. To tackle gender stereotypes, in March 2023, the European Commission launched an EU-wide communication campaign to challenge gender stereotypes, in line with the 2020-2025 Gender Equality Strategy. The #EndGenderStereotypes campaign covered gender stereotypes in different ar- eas of life, such as career choices, sharing care responsibilities and decision-making. The National Commission for the Pro- motion of Equality (NCPE) has not only supported this campaign but also con- ducted a study that revealed that gender stereotypes are still prevalent in Malta. For instance, many participants in the study believed that men are more rational than women and that emotional expression is dictated by gender. These deeply ingrained perceptions limit both girls' and boys' po- tential, creating barriers that hinder girls from realising their full capabilities. Among the key recommendations from this research study, 'The Prevalent Gen- der Role Perceptions and Attitudes among Adults Living in Malta', is the promotion of the use of gender-neutral language in educational materials and media portray- als. This should lead to encourage more women to specialise in male-dominated sectors, providing role models for girls in- terested in these fields. Beyond conducting research and carry- ing out awareness-raising campaigns, the NCPE provides training, upon request, on equality and discrimination, including gender stereotypes. By dismantling harmful stereotypes and providing girls with the opportunities they deserve, we can ensure that every girl's vi- sion for the future becomes a reality. Em- powered girls lead to empowered commu- nities, bringing us closer to a world of true equality. This should prove beneficial to both girls and boys; to society in general. Renee Laiviera is equality commissioner at the National Commission for the Promotion of Equality Commissioner Renee Laiviera