Promises of sale are an essential stage to the conclusion of a contract of sale of immovable property. Many people will not immediately buy a house, for example – they will first enter into a promise of sale (konvenju), following which the final deed is executed and the actual sale takes place. This means that it is crucial for the individual to be aware of the rules governing the validity of promises of sale of immovable property.

For starters, the promise of sale is considered as a stand-alone contract. It must be in writing, and it must be registered with the Tax Departments. It can also be enforced. Indeed, article 1357(2) of the Civil Code makes it amply clear that, while the promise to sell is not equivalent to a sale, if it is accepted it creates “an obligation on the part of the promisor to carry out the sale, or, if the sale can no longer be carried out, to make good the damages to the promisee”. Indeed, it is not unheard of for someone to be sued because he failed to appear on a final promise of sale.

On the other hand, promises of sale can expire. In fact, they will invariably contain a clause determining by when the final sale is to be concluded, following which the promise expires and is no longer binding. If there is no such term, the law provides a three-month period within which the promise of sale is ‘alive’ and enforceable.

The Civil Code appears to regulate the ‘life’ of a promise of sale quite strictly. Article 1357(2) provides that:

“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 the sale could be carried out, unless the promisee calls upon the promisor, by means of a judicial intimation filed before the expiration of the period applicable as aforesaid, to carry out the same, and unless, in the event that the promisor fails to do so, the demand by sworn application for the carrying out of the promise is filed within thirty days from the expiration of the period aforesaid”.

From this provision it very clearly emerges that the promise of sale will expire if the promisor is not intimated judicially to fulfil his promise and that this intimation must occur before the date of expiry of the promise itself. But this is not enough. If, despite this intimation to honour his promise, the promisor fails to appear on the final deed of sale, the promisee must sue him in court before 30 days pass from the expiry date of the promise.

It would seem that the law imposes a strict framework regulating the validity of promises of sale and that, if the procedures in article 1357(2) are not followed, the promise of sale is dead and unenforceable.

What does this mean? If the promise is due to expire, but the sale still cannot occur due to some reason or other, the parties must agree to extend the promise of sale by a separate written agreement. The wording of the law seems to suggest that failure to do this and allowing the timeframes mentioned in article 1357(2) to pass without taking the required action is fatal to the promise of sale and results in its expiry. This means that a new promise of sale must be entered into, from scratch.

However, court judgments have at times held that the renewal of a promise of sale that technically expired is enough to bring that promise back from the grave – and so a fresh promise of sale is not required. The reason given for this is that in matters of contract law the will of the parties reigns supreme, and this extends to the resuscitation of expired promises of sale.

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Standing up to sexual harassment at the work place, and moreover reporting it might be one of the hardest things for an employee to do at the workplace primarily because the unwelcomed behaviour comes from a colleague in a professional sphere.

Whether coming from a superior or not, attempting to shrug it off and dismissing it as a harmless flirtatious act might seem like the easiest way to handle it, especially at the office, often in an effort to avoid an uncomfortable conversation with a superior or Human Resources.

Although prohibited under Maltese law, uncertainty about what actually constitutes sexual harassment, who one should report it to, not wanting to seem like a drama queen, and worrying about all the repercussions which circle reporting sexual harassment are among the reasons which employees easily find when seeking to justify the reason for failing to report the harassment they face occasionally, and possibly daily at their place of work.

So, what is sexual harassment ?

This form of harassment may take different forms; being physical acts, words or gestures, and also displays of sexual material. The essential element which constitutes sexual harassment is that the sexual conduct in question is unwelcomed by the victim.

It is not about a close friendship with a colleague, but the unnecessary and unwelcomed familiarity with a colleague, the suggestive jokes or comments, as well as unwelcome physical contact such as touching, hugging or kissing.  It is indeed qualified as sexual harassment, unless it is sexual behaviour between employees in romantic, sexual or even mutual flirtatious relationships.

It is immaterial that the behaviour may not offend other colleagues or that it has been accepted at the work environment in the past. Indeed an employee might even feel sexually harassed following a romantic relationship break-down, where one who continues to manifest acts of a sexual nature directed at an ex-partner at the office, and such if it is unwelcome by the person against who it is directed, the victim.

A quick google search of the term ‘sexual harassment’ depicts countless images of a women sitting at a desk and a male colleague rubbing her shoulders or making physical contact with her in any way. These images are what have easily described the term sexual harassment in images, however sexual harassment is way be more than that. Practical examples include:

• subjecting the victim to an act of physical intimacy,
• requesting sexual favours;
• unwanted invitations to go out on dates or requests for sexual interaction;
• intrusive questions about an employee’s private life or body;
• insults or taunts based on one’s sex;
• sexually explicit messages;
• humiliating, offensive, and intimidating acts or remarks;
• subjecting the victim to any act of with sexual connotations, images and/or behaviour which would also be an offence under the criminal law, such as physical sexual assault, indecent exposure, and obscene or pornographic communications.

One may think that his/her conduct is welcome, or at least perceived as flattering and inoffensive towards the victim. In turn, the victim might not say anything back, and at times the victim might end up even going along with the unwanted behaviour to avoid awkward confrontation or exclusion at work, with the office ending up being a hostile or even toxic place one frequents every day.

Employers have a responsibility towards their employees to ensure that sexual behaviour between employees, even if reciprocated does not create an unpleasant workplace for other employees.

At times met by a shrug from the employer, especially within small to medium sized businesses and firms run without a human resources team, and all in an effort to keep the feeling of a peaceful, drama-free working environment, the office might end up being regarded as a sexually hostile space for the staff members, both the victims of sexual harassment, as well as to those who find themselves sharing an office with colleagues  who reciprocate sexual behaviour towards one another.

The best preventive measure an employer may take to offer a safe working-environment, is the adoption of a sexual harassment policy, clearly underlining procedures which victims should follow in order to make complaints, as well as guidelines which enable the employer to handle such complaints.

It is as critical for the employer to make sure that the sexual harassment policy is clearly understood by all the employees and that no tolerance is allowed at poking fun at the policy.

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