Civil Law in Malta
Civil Law in MaltaUpdated on Tuesday 19th April 2016
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The Civil Law in Malta is based on a set of rules that comprises different laws. At first, the Maltese Civil Law was based on the Roman law evolving after to the Napoleonic Code with strong similarities from the Italian Civil Law. The Maltese Civil Law comprises different laws, acts, as well as the Civil Procedure Code.
The laws of the Maltese Civil Code
There are several regulatory frameworks that together establish the Maltese Civil Code. The legislation is based on:
- - the Administration of Lands Act,
- - the Children and Young Persons Act, also known as Chapter 285,
- - the Data Protection Act,
- - the Home Ownership or Encouragement Act,
- - the Immovable Property or Acquisition by Non-Residents Act,
- - the Land Registration Act,
- - the Marriage Act,
- - the Promises of Marriage Law,
- - the Marriage Legacies Law,
- - the Code of Organization and Civil Procedure.
Chapter 16 of the Civil Law in Malta
The most complete legislation on civil laws is comprised in the Maltese Civil Code or Chapter 16 of the Civil Law that is divided into two books and three schedules.
The first book, also called the book of persons, defines laws on marriage, duties of spouses, divorce and what are the children’s rights in case of divorce. Further on, the Civil Law states what adoption and tutors are. The first book of the Maltese Civil Code also contains provisions over the acts of birth, marriage and death.
The second book in the Civil Code of Malta, known as the book of things, is far more ample and is made up of two parts. The first part defines movable and immovable property, ownership and use of property. It further refers to common property, the possession and sale of common property. Part two of the second book of the Civil Code refers to the right of people to purchase and transfer property, the laws of succession and will. The law of wills states the existence of ordinary and privileged wills.
The second part continues with the provisions on obligations and contracts, the elements that validate a contract, the definitions of quasi-contracts, the law of torts and quasi-torts. Obligations can have the form of divisible and indivisible obligations that can be disabled by payment. The Maltese Civil Code also provides the legal definitions of debt, merger, contract of sale, seller and buyer and their obligations. In terms of contract, lease and work contracts are also defined.
The schedules of the Civil Code define fees and their forms and legal entities, such as types of Maltese companies, their registration and the Maltese Trade Register.
The Code of Organization and Civil Procedure in Malta
According to the Civil Law in Malta, the Code of Organization and Civil Procedure, also known as Chapter 12, is made up of three books:
- - the first book defines the Maltese judicial system and the legal profession,
- - the second book defines the court procedures in civil matters,
- - the third book defines the elements of the judicial procedures, such as evidence, witnesses and referees.