The Preliminary Contract, known in Malta as a 'konvenju', is a crucial document in Maltese business and property transactions. It serves as a binding promise between parties to enter into a final contract, typically within a three-month period unless otherwise specified. This document type is particularly significant in Malta's legal framework as it creates specific rights and obligations under Maltese law, including the right to demand specific performance. The agreement must comply with various legislative requirements, including the Civil Code and the Duty on Documents and Transfers Act. It's commonly used in property transactions but also appears in other commercial contexts where parties need a formal commitment before proceeding to a final agreement. The document typically requires registration with tax authorities and must be drawn up in accordance with specific formalities under Maltese notarial law.

1. Parties: Identification of all parties involved, including full legal names, ID numbers, addresses, and marital status as required under Maltese law

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement, including specific Maltese legal terminology

4. Subject Matter: Detailed description of the property or rights being promised for sale, including all relevant details and identifiers

5. Purchase Price: The agreed price, payment terms, and deposit requirements

6. Deposit Terms: Details of the deposit amount, when and how it should be paid, and conditions for its retention or return

7. Duration: Validity period of the preliminary agreement (typically three months under Maltese law unless otherwise agreed)

8. Conditions Precedent: Conditions that must be fulfilled before proceeding to the final deed, including bank financing, permits, or searches

9. Warranties and Representations: Standard declarations required under Maltese law regarding title, permissions, and property status

10. Tax and Duty Provisions: Declarations regarding duty payments and tax obligations as required by Maltese fiscal legislation

11. Default Provisions: Consequences of default by either party and remedies available

12. Execution Requirements: Format and requirements for valid execution under Maltese law