OAR@UM Collection:https://www.um.edu.mt/library/oar/handle/123456789/166442026-04-28T16:49:38Z2026-04-28T16:49:38ZThe distinctive features of tortious responsibility for football injurieshttps://www.um.edu.mt/library/oar/handle/123456789/416922019-04-08T08:28:27Z2016-01-01T00:00:00ZTitle: The distinctive features of tortious responsibility for football injuries
Abstract: Ever since its inception in 1863, football has been generating millions and millions of fans from every part of the world; with many regarding it as the world’s most popular sport. It is a game that fuels emotions and this may well lead to a disregard for safety issues. This thesis considers the legal aspects of personal injuries in professional football, where it is considered as a means of livelihood, and amateur football where on the other hand the game is merely regarded as a pastime.
In relation to these legal matters the author will primarily delve into questions which are constantly asked regarding two fundamentals of the law dealing with football injury claims. Firstly what are the standards that legislation and jurisprudence seek to attain in order to protect those who participate in contact sports? Secondly what are the tools in tort law in order to protect and enforce such standards? Moreover is it fair that legal standards can vary depending upon the kind of conduct engaged in by members of society? Say, if two individuals are both running down a station platform in order to catch a train and one of them intentionally trips the other up, the former may definitely be held accountable at law. However if the same two individuals are this time running on a football pitch chasing the ball and one of them trips the other, the former may possibly not be held accountable at law. The fact that one is involved in a sports may seem to provide an exception to the normal standards to which people are expected to conform in everyday life.
These enquiries shall be addressed with particular reference to comparative as well as Maltese law. As there is a lacuna in our jurisprudence and legislation specifically in relation to such injury claims, this thesis shall be based on comparative law and reasoning by analogy. It shall explore legal routes which the Court could adopt in order to impose liability on or exonerate the alleged tortfeasor.
As the subject is already a tangled one, given the need to reconcile the rules of football and those of tort law and the multiple potential tortfeasors, the thesis will concentrate on the liability of footballers and their respective football clubs and in addition a specific chapter will be dedicated to other typical situations generating football injury claims from which the liability of professional footballing bodies, referees and event organizers may ensue. Besides these scenarios, in the realm of football, there are other situations in which tortious liability may arise, including those which cover the injuries suffered by football spectators. Yet due to word limitation, the author, basing himself on personal experience, will focus on those situations which he believes are the most common, recurring and deserve deeper elucidation.
Description: LL.D.2016-01-01T00:00:00ZThe civil law notary as a value added contributor to property conveyancinghttps://www.um.edu.mt/library/oar/handle/123456789/177452018-04-30T12:51:49Z2016-01-01T00:00:00ZTitle: The civil law notary as a value added contributor to property conveyancing
Abstract: The
traditional
Latin
Notary
is
of
fundamental
importance
in
the
civil
law
jurisdiction
where
he
enjoys
a
monopoly
in
property
conveyancing.
Characterised
by
impartiality
and
independence,
such
a
legal
profession
provides
legal
certainty
and
security
of
title
in
the
real
estate
transaction,
benefitting
the
parties
to
the
contract
as
well
serving
the
public
interest.
Strict
regulation,
a
rigorous
selection
process
and
barriers
to
entry
for
the
profession
coupled
with
the
amount
of
responsibility
placed
on
the
civil
law
notary
ensure
high
quality
of
service
and
reliability.
However
the
civil
law
notary
is
continuously
under
scrutiny
for
the
exclusive
competence
that
he
enjoys
and
is
criticised
for
being
too
strictly
regulated,
therefore
hindering
competition
and
growth.
Critics
argue
whether
such
a
legal
professional
is
an
anachronism
in
a
free
market
economy.
In
order
to
highlight
the
value
that
the
civil
law
notary
contributes
to
the
transfer
and
acquisition
of
real
estate,
various
actors
of
both
civil
law
and
common
law
jurisdictions
are
reviewed
and
analysed,
touching
on
the
evolution
of
such
professionals,
as
well
as
an
analysis
of
the
various
processes
in
place
for
property
conveyancing
across
the
regulatory
systems.
Arguments
by
critics
are
analysed
and
rebutted,
bringing
out
the
importance
of
the
civil
law
notary
in
the
real
estate
transaction
and
the
economy
at
large.
Description: LL.B.2016-01-01T00:00:00ZThe quota litis prohibition and its implications for the role of the Maltese advocatehttps://www.um.edu.mt/library/oar/handle/123456789/177442018-05-03T07:21:14Z2016-01-01T00:00:00ZTitle: The quota litis prohibition and its implications for the role of the Maltese advocate
Abstract: The sixteenth President of the United States, Abraham Lincoln, once held:
“The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client.”
This exposition aims to give the matter of fees the recognition it deserves, by focusing on the notorious quota litis prohibition as found under various European Codes, with particular attention being shown towards the prohibition as found under Maltese law. To fulfill this aim, this research project first analyses the development of quota litis through history; discussing in quite some depth the concept of champerty and how this correlates, or otherwise, to the notion of quota litis. Focus is then shifted onto the rise of what are known as contingency fee agreements within 19th Century America; these having shaped the concept of quota litis agreements as we know them today. The study then goes on to evaluate the merits and demerits of the quota litis prohibition in further detail, prior to diverting its attention to conditional fee agreements as popularised in the United Kingdom by way of the term no win no fee. Moreover, the author proceeds to examine the ethical considerations behind the quota litis prohibition, further supporting the arguments presented by way of a comparative overview of international codes of conduct. In light of all this, the conclusions attempt to explore way and means in which conditional fee agreements may be adopted within the Maltese jurisdiction, while assessing the validity of the quota litis prohibition in relation to the demands of the 21st Century.
Description: LL.B.2016-01-01T00:00:00ZJudicial introspection : examining what the Maltese court thinks of itself in the light of Ronald Dworkin’s ‘Law as Integrity’ thesis, with particular reference to the court‘s interpretative rolehttps://www.um.edu.mt/library/oar/handle/123456789/177382017-03-28T07:31:31Z2016-01-01T00:00:00ZTitle: Judicial introspection : examining what the Maltese court thinks of itself in the light of Ronald Dworkin’s ‘Law as Integrity’ thesis, with particular reference to the court‘s interpretative role
Abstract: The judiciary is the most nebulous branch of the State. Its operational configuration
remains mysterious to the profession and the public and is occasionally criticised in terms
of legitimacy. This may arise due to disagreement about law, disagreement about the
judicial function, inefficiency or various other reasons. This paper‘s primary objective is to
construct a solid working theory which instils legitimacy as well as predictability in the
judicial mechanism.
At such proximity to law, the judicial mandatary of the Community and guardian of law
reflects the law itself and permits an observation of law‘s empire in Malta. This paper shall
seek to elucidate the judiciary as authoritative on the interpretation of law, converting
abstract legislation into concrete pronouncements. The role of the judiciary will be
explicated, as a master-interpreter of its origin and intermediary between law and society.
This is an attempt to reconcile the theoretical framework of Law-as-Integrity postulated by
Ronald Dworkin with the Maltese legal system. Integrity views the law as an interpretative
product, composed of an interconnected web of rules, with principles in lieu of space. This
paper shall examine whether this vision is compatible and desirable in the Maltese legal
scenario, studied in cross-sections of locally cultivated jurisprudence.
Therefore, Section II shall be dedicated to the Dworkinian philosophy, whereas Section III
shall focus on the empirical situation in Malta presented by academic jurisprudence and
court judgements quoted in Appendix One. The sections are expected to transfuse,
probably in favour of the former, reflecting the integral nature of law. For practicality, our
empirical discussion shall be limited to ten elected avenues of court creativity or lack of it.
In concluding, this paper will determine whether Integrity is a useful yardstick for the
Maltese judiciary, in the hope of generating debate on an appropriate theory which explains
and legitimises the role of judges in the contemporary Maltese legal system.
Description: LL.B.2016-01-01T00:00:00Z