https://www.um.edu.mt/library/oar/handle/123456789/1891 2026-04-15T11:52:27Z 2026-04-15T11:52:27Z https://www.um.edu.mt/library/oar/handle/123456789/5265 2025-06-27T10:20:25Z 2014-01-01T00:00:00Z

Title: The conceptual basis and practical implications of compensating psychological harm in Maltese Tort Law Abstract: What is psychological harm? Is it compensated in tort law? Is it treated differently in common and civil law jurisdictions? What is the Maltese legislative and juridical approach towards this personal injury? These are some of the main questions which this thesis aims to answer. A conceptual analysis, both from the medical and the legal standpoint of psychological harm, is conducted in the first chapter of this thesis. The purpose behind the medical analysis is to highlight that distressing events can and do cause non-patrimonial harm which shall, according to the principle of restitutio in integrum be compensated. On the other hand the legal analysis shall raise a number of queries including that concerning the legal distinction between psychological and moral harm. Following the conceptual analysis of psychological harm, the paths pursued towards recognizing this form of personal injury in particular jurisdictions shall be analyzed. In the second chapter a comparative overview is conducted. From the jurisdictions of England, France and Italy the author draws on methods which may be useful to analyze how the Maltese system can legally classify and compensate psychological harm as a head of damage. The third and final chapter of this thesis shall examine Maltese tort judgments which compensated psychological harm, whether directly or otherwise. This shall highlight emerging issues such as the occurrence or otherwise of physical harm together with psychological harm, the calculation of the degree of harm, how it is compensated for, and other issues. Finally this thesis shall provide some suggestions as to whether Maltese law can possibly be improved to better deal with psychological harm in tort, and how this can be done. Description: LL.D.

2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/2181 2018-06-14T09:25:35Z 2014-01-01T00:00:00Z

Title: On the origin and source of the authority of law : a case for Natural law Abstract: This dissertation proffers a thesis about the nature of the authority of law, more specifically about the origin and source of the authority of law. The thesis basis itself on the Natural law tradition primarily, but also admits concepts of the interpretivist school of legal philosophy. It argues that a political structure can only exist where it is able to provide sufficient security to the individual members forming part of the community – consistency. The consistency of principle does not simply appertain to decisions based on posited laws. It requires values which are beyond those derived from the intellectual efforts of man, but ones which are by nature metaphysical concepts. A scheme of principles which guides political and judicial decisions of the sovereign is established through an appreciation of the metaphysical values and formal rules which guide the decision-making process. Part 1 of the dissertation presents the thesis while Part 2 tests it. The dissertation does not seek to answer the questions “What is law?” or “What should law be?”. It simply seeks to identify the origin and source from which law derives its authoritative power. Description: LL.D.

2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/2180 2018-06-14T09:58:32Z 2014-01-01T00:00:00Z

Title: The nature of the liability of the hotelkeeper for the property of the guest in Malta and other European states Abstract: The liability of the hotelkeeper is recognised and regulated in a number of States. The 1962 Council of Europe Convention on the Liability of Hotel-keepers concerning the Property of their Guests introduced a more harmonised approach, such that more uniform rules were introduced in a number of States. This notwithstanding, it is interesting to note that different legislators have adopted distinct approaches to codifying the hotelkeeper's liability. For instance, while in Italy this liability is governed by rules found under the section of the Civil Code dealing with the contract of deposit, in Malta the hotelkeeper’s liability is regulated in article 1039 of the Civil Code, found under the part of the Code dealing with torts and quasi-torts. The Maltese hotelier's liability thus derives ex lege and is regulated by special rules. However it remains important to determine the nature of the hotelier’s liability as prescription periods, the onus of proof and damages vary significantly between contractbased and tort-based actions. The conclusion of a contract between the hotelkeeper and the guest is not disputed. This contract is essential for the liability of the hotelkeeper for the property of the guest to arise, as in its absence the individual would not acquire the status of a guest. Hence the section of the Civil Code dealing with contracts appears as a more appropriate textual location for the rules in question. In practice, however, the liability of the hotelkeeper for the property of the guest has different facets and this analysis of the regulation of the different forms of the hotelier’s liability explores the possibility of linking the guest’s action for damages either to tort or to contract or to both. A logical corollary of this is that in certain cases the guest could also have a choice to institute against the hotelkeeper either an action based on a breach of the contractual duty of care, or an action based on the principles of tort law. Description: LL.D.

2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/2179 2018-06-14T09:23:41Z 2014-01-01T00:00:00Z

Title: The notion of nullity and annulability of a notarial act as introduced by Act XXIV of 2011 under Chapter 55 of the Laws of Malta Abstract: The purpose of this thesis is to examine the various grounds that lead to nullity and annulability. The main legislation to be examined is that relating to Chapter 55 of the Laws of Malta, the Notarial Profession and Notarial Archives Act; however, the grounds for nullity according to Chapter 16 of the Laws of Malta, the Civil Code, have also been analysed. This study has also been carried out so as to draw a distinction between requirements for a valid act vis-à-vis Chapter 55 as compared to the validity of an act as asserted in Chapter 16. The reason behind why Act No. XXIV of 2011 was formulated and introduced into Maltese Legislation, was due to the fact that the Legislator thought it unfair that the parties to the act must suffer due to a form of negligence or lack of formality on the notary’s part. In fact, one can see how the grounds for nullity increased along the years. Nullity of an act leads to serious repercussions. The Legislator sought to include defects which are of a less grave nature as opposed to nullity, in an added subarticle, Article 40(2). The reasons for such introduction have also been dealt with in this study. Description: LL.D.

2014-01-01T00:00:00Z