by Dr Carlos Bugeja – Senior Associate The Maltese Law of Evidence employs a probatory system of persuasion. Allegations need not be proved to an absolute certainty; the initiator has to merely reach the level of persuasion assigned by law in the forum they are…
Today, the Government announced that it will be presenting a bill to Parliament, proposing key changes to our current regime of the law of lease. At this early stage, the details are still rather sketchy, even because the bill has yet to be properly published.…
by Dr Carlos Bugeja – Senior Associate Suppose a property is leased to someone who has never paid rent, has broken most of the terms of the lease agreement, and has even abandoned the property he was supposed to be occupying as a tenant. Suppose…
by Dr Renè Darmanin – Junior Associate As mentioned in the Part I of this series of articles about Elder Abuse – prior to 2014 in Malta there was no law dealing specifically with elder abuse. It follows that in 2004 parliament introduced new provisions…
by Dr Carlos Bugeja – Senior Associate In the previous article about Freedom of Contract, it was concluded that it cannot really be said that the principle of freedom of contract (that is, the right of parties to a contract to choose the terms which…
by Dr Renè Darmanin – Junior Associate The importance of elder abuse legislation is becoming an increasingly urgent concern as the older population continues to increase throughout all continents. Back in 2014, Parliament introduced new provisions to the Criminal Code. As pointed out by various…
by Dr Carlos Bugeja – Senior Associate Parties to a contract are free to choose the terms which govern their rights and obligations in terms of their values and preferences, and what is agreed between them would then generally find the backing of the law.…
by Dr Renè Darmanin – Junior Associate A common notion in criminal law which a lot of people have trouble comprehending is the granting of bail. It is often heard on the news that the accused was granted bail or in Maltese ‘inghata l-helsien mill-arrest’.…
by Dr Carlos Bugeja – Senior Associate In the realm of the judicial process facts reign. A legal right sought to be obtained or enforced in a contentious forum necessary requires a level of factual consideration. Sometimes, the very contestation of a claim is the…
by Dr Carlos Bugeja – Senior Associate At the foundation of Maltese contract law is a dear principle to western legal systems: Freedom of Contract. At its basis, Maltese contract law seems to embrace this principle, mostly through article 992 (1) of the Civil Code,…