Malta: Civil Law

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

The Burden Of Proof In The ‘actio Rei Vindicatoria’: Recent Clarifications By The Court Of Appeal

The Court of Appeal has revisited the essential elements of the actio rei vindicatoria, clarifying the burden of proof required to establish ownership in property disputes.

Malta Real Estate

GA

Ganado Advocates

Malta’s WRO Reform Explained: Key Questions On Updated Conditions Of Work

Malta’s reform of Wage Regulation Orders (WROs) marks a significant step towards modernising sector-specific employment rules. Now redesignated as Conditions of Work Regulation Orders, the reform aims to simplify existing frameworks...

Malta Employment

MT

Mamo TCV Advocates

Balancing Responsibility Under The Bill Of Lading: Evergreen Marine (UK) Ltd v. Noel Cefai Et

The Maltese Court of Appeal has delivered a significant judgment addressing the scope of shipper liability under bills of lading, the interpretation of the term "Merchant" in shipping contracts...

Malta Transport

GA

Ganado Advocates

Third Party, No Party: How A Decade Of Litigation Ended On A Question Of Standing

In April of 2010, Mr. Roland Darmanin Kissaun (the “Plaintiff”) was approached by a certain Thomas Knott, who was acting as the agent for Turkish shipbuilder MTH Yatcilik Sanayi Ve Ticaret...

Malta Litigation

GA

Ganado Advocates

Promise Of Sale Damages – What Happens When Konvenju Fails

Malta Litigation

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GTG

Who Must Prove What? The Art Of Legal Persuasion In Malta's Civil Court

Malta Litigation

WP

WH Partners

Service Of Process, Default, And The Actio Manutentionis

Malta Litigation

GA

Ganado Advocates

Giljottina Proceedings In Maltese Civil Procedure: When Judgment Without Trial Is Permitted

Malta Litigation

G

GTG

When Consent Isn't Consent: First Hall Civil Court Declares Contract Void Due To Fraud

Malta Commercial

GA

Ganado Advocates

The Right To A Fair Trial Does Not Only Apply To Criminal Proceedings But Also To Proceedings Determining Civil Rights And Obligations

European Union Litigation

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GTG

Electronic Service Of Judicial Documents: A Game Changer In Reshaping Legal Processes

Malta Commercial

GA

Ganado Advocates

Interdiction, Incapacitation And Guardianship Under Maltese Law

Malta Litigation

G

GTG

Securing Your Rights: Privileges And Hypothecs Under Maltese Law

Malta Litigation

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GTG

Property Law Actions – Enforcing Property Ownership Rights [Part 1/2]

Malta Real Estate

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GTG

Intra-Corporate Transfers In Malta: A Practical Guide For Employers

Malta Employment

GA

GVZH Advocates

In Session: Researching And Writing Your Thesis – Krista Refalo And Yasmine Ellul (Podcast)

Malta Litigation

GA

Ganado Advocates

Malta Reinforces Its Attractiveness For Foreign Talent

Malta Commercial

DG

Dixcart Group Limited

Building Trust At Scale: Data Protection Beyond The Privacy Policy

CC

Chetcuti Cauchi Advocates

Enforcement Of Play Claims From Austria To Malta (Podcast)

Malta Litigation

WP

WH Partners

Litigation In Malta

The Maltese legal system has developed into a mixed legal system. In private law matters it is largely a jurisdiction based on the civil law tradition...

Malta Litigation

GA

Ganado Advocates

COVID-19 Pandemic Not A Lawful Excuse For Justifying Contumacy

The First Hall Civil Court (the "Court") presided by Mr Justice Neville Camilleri on the 6 July 2022, in the case "Kunsill Malti għax-Xjenza u t-Teknoloġija vs. Access UK Limited" held...

Malta Litigation

GA

Ganado Advocates

Request For The Revocation Of A Precautionary Act

In the case Turnkey Limited (C 55175) (the "Plaintiff") vs. Francesco Ruggieri (the "Defendant"), the First Hall Civil Court (the "Court"), presided over by Honourable Judge Audrey Demicoli...

Malta Litigation

GA

Ganado Advocates

Latent Defects And The Actio Aestimatoria

In the case George Borg Marks and Joan Borg Marks (the "Plaintiffs") vs. Yolo Properties Limited (the "Defendant"), Honourable Judge Audrey Demicoli examined the notion of latent defects...

Malta Litigation

GA

Ganado Advocates

Global Attorney-Client Privilege Guide

Malta Litigation

GA

Ganado Advocates

Act XXXII Of 2021 – The Justice Reform (Civil Procedure) Act

Malta Litigation

WP

WH Partners

An Analysis Of The Essential Elements Required For The Issuing Of A Warrant Of Prohibitory Injunction

Malta Litigation

GA

GVZH Advocates

Amendments To The Code Of Organisation And Civil Procedure

Malta Litigation

FF

FFF Legal

Court Of Appeal Looks Into The Legal Relationship Between Two Business Parties

Malta Litigation

GA

Ganado Advocates

Presta Nome Mandate

Malta Litigation

GA

Ganado Advocates

Suspension Of Prescriptive Periods In Civil And Criminal Matters

Malta Litigation

FF

Fenech & Fenech Advocates

Act XXXI Of 2019: The Appointment Of A ‘Nominated Person' For The Service Of Warrants Of Arrest Of Sea Vessels

Malta Transport

CP

Camilleri Preziosi Advocates

Does The Recent Amendment Limit The Amount Of Moral Damages Granted By The Courts?

Malta Litigation

MK

Michael Kyprianou Law Firm

Artificial Intelligence: Some Of The Challenges Ahead

MT

Mamo TCV Advocates

Suspension Of Prescriptive Periods In Civil And Criminal Matters

COVID-19/Litigation/News L.N. 61 of 2020 Some days back we had reported (LINK) that by way of precautionary measure to mitigate against the spread of COVID-19, the Superintendent of Public Health had ordered the early recess of the Maltese Courts,

Malta Litigation

FF

Fenech & Fenech Advocates

Act XXXI Of 2019: The Appointment Of A ‘Nominated Person' For The Service Of Warrants Of Arrest Of Sea Vessels

Act XXXI of 2019, enacted on the 6th of December 2019, effected several amendments to the procedure of execution of the ‘Warrant of Arrest of Sea Vessels'

Malta Transport

CP

Camilleri Preziosi Advocates

Does The Recent Amendment Limit The Amount Of Moral Damages Granted By The Courts?

Under the Maltese Civil Code, damages may be awarded for either tortious liability or contractual liability.

Malta Litigation

MK

Michael Kyprianou Law Firm

Artificial Intelligence: Some Of The Challenges Ahead

Reference to Artificial Intelligence ('AI') is likely to bring to mind dystopian pictures of a robot apocalypse as depicted in films such as iRobot or The Matrix or to spark debates ...

MT

Mamo TCV Advocates

Private Writings And Recent Court Judgements

Malta Commercial

GA

Ganado Advocates

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