https://www.um.edu.mt/library/oar/handle/123456789/38476 2026-04-15T04:14:16Z 2026-04-15T04:14:16Z https://www.um.edu.mt/library/oar/handle/123456789/40186 2020-05-15T11:57:11Z 2018-01-01T00:00:00Z

Title: Societas Europaea : an analysis of the law and outcome of its original objectives from a Maltese perspective Abstract: The Societas Europaea, also known as the European Company, is a relatively new corporate form available to certain companies in the EU wishing to restructure and capitalise on its perceived benefits within a European business environment. The research studies the objectives of the Societas Europaea together with the resultant provisions of its enabling legislation to determine whether the objectives have been reached and establish how far the Societas Europaea is or has been a viable option as a corporate vehicle in the Maltese context. The research also determines whether companies stand to benefit more from Maltese company law applicable to public companies than from the legislation governing the Societas Europaea. The research reviews the salient provisions of the SE regime and focuses on the impact that the European Company has had. The resultant legislation of the Societas Europaea was not as was initially intended. Some of the original objectives of the European Commission were not all clearly embodied, thus leaving room for improvement. However, given that unanimity of all the member states was necessary and eventually procured in order for the legislation on the European Company to be enacted, it is safe to say that the SE Regulation has laid out the ground work for an ‘ideal’ EU corporate form. The Societas Europaea has become a vehicle with a European dimension with particular advantages over national law, such as the possibility to transfer the registered office. Inversely, in certain situations the requirements for a Societas Europaea are rather cumbersome and Maltese domestic company law retains a solid lead. Despite the fact that the potential of the Societas Europaea may have been adversely affected by the greater appeal of other EU legislation, notably the Cross Border Merger Directive, it has fared fairly well in some jurisdictions, though much less so in others, Malta in particular. Recommendations are made with a view to strengthening and improving the legislative framework surrounding the Societas Europaea with the intent of promoting and boosting the Societas Europaea as an attractive and increasingly viable corporate form. Description: LL.B

2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/40144 2020-05-18T10:45:41Z 2018-01-01T00:00:00Z

Title: Public enforcement of competition law in Malta Abstract: Malta is currently without an effective public authority with powers to safeguard public interests and oversee the effect application of competition law – that is not say that there is no public authority, but rather, at the present, it holds very little power in enforcing its authority. This Term Paper seeks to better understand the field of competition law in Malta, specifically from a public enforcement point of view. Competition law is a relatively modern subject, being first formally regulated in 1995 with the advent of the Competition Act (Cap.379 of the Laws of Malta). This Paper is divided into three parts, namely; i) the Public Enforcement of Competition law in Malta in the period 1995 – 2011, ii) the subsequent amendments and the changes that were introduced, and iii) the Federation of Estate Agents case, which posed a constitutional challenge to the 2011 amendments which have left the public authority responsible for overseeing the effective implementation of competition law virtually powerless. A thorough analysis of the powers conferred to the Director General of the Office for Competition through Act VI of 2011 is presented in this paper, as well as a comprehensive summary of the Federation of Estate Agents case, both at First Hall and at Constitutional Appeal level, together with the lasting effects the latter had on the Office's powers. This Paper also proposes alternatives to what possible measures can be adopted in the vacuum left by the Federation of Estate Agents judgement. Description: LL.B

2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/40143 2020-05-18T08:25:21Z 2018-01-01T00:00:00Z

Title: Conflict of law issues in the ranking of maritime creditors : a comparative analysis Abstract: The first chapter of this term paper shall revolve around the local scenario concerning the applicable law regarding the ranking of maritime creditors. The author shall delve into the general principles of Maltese PIL as well as expound on its historical development, ultimately leading to the current regular practice. Various references shall be made to English common law principles, which is pertinent since Maltese courts make constant reference to said position in case of any lacunae which may arise under Maltese law. A plethora of English decisions shall be explored in order to better comprehend why the English courts have favoured such a stringent lex fori approach over the years. The second chapter shall then solely focus on a comparative analysis between the Maltese setup and other foreign jurisdictions including the USA, Canada, Greece, Cyprus, Australia and South Africa to mention a few. The author will provide the reader with a detailed research on each jurisdiction’s PIL rules as well as their preferred choice of law procedure. There shall be both jurisdictions that share Malta’s view regarding the ranking of maritime creditors, as well as jurisdictions who opt for a totally different system. The three possible approaches shall be identified and each jurisdiction shall have various case law substantiating their position vis-à-vis the applicable law that shall reign in these scenarios. The author shall also explore the rationale behind each country’s choice of ranking of maritime creditors, and whether certain significant connecting factors which tend to sway the applicable law in their favour, are truly taken into consideration or simply left aside in favour of each country’s PIL rules, i.e. preferring to follow in the footsteps of pivotal foreign landmark decisions surrounding the matter. The final chapter shall then include any concluding remarks about the Maltese position after having analysed foreign jurisdictions. The author shall also seek to answer the following question to the best of his knowledge after researching this topic: ‘Is the fact that we apply the lex situs in Malta, the correct approach, both conceptually and economically, especially when compared to how other jurisdictions tackle this issue?’ There shall be reference throughout to Chapter 234 of the Laws of Malta, i.e. the Merchant Shipping Act with constant allusion to Articles 37-54A, as well as reference to foreign maritime codes surrounding which applicable law is to govern in the ranking of maritime creditors. The author shall also briefly look into a number of significant international conventions such as the International Convention on Maritime Liens and Mortgages, 1993 and the Arrest Convention 1952. The author shall also make reference to the COCP, with a particular look into sub-title III of competing claims, i.e. articles 416 to 435. Description: LL.B

2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/40141 2020-05-18T10:11:11Z 2018-01-01T00:00:00Z

Title: Copyright issues relating to education and research : a legal analysis Abstract: This study focuses on the current issues of copyright law in connection to education and research. There are several elements which throughout the years enlarged the degree of various copyright challenges encountered by academics all over the world. This worldwide impact that copyright law is having predominantly due to the progressions in the digital environment, has augmented the need to restructure the copyright rules in a manner that is beneficial to all individuals concerned. Such demand for reform has been acknowledged and has taken the form of a Proposal for a Directive of the European Parliament and of the Council on Copyright in the Digital Single Market which although it has not yet been conclusively ratified, it already insinuates a wide-ranging effect on copyright legislation. Following an introduction on the salient features of the subject matter, chapters 2, 3 and 4 of this paper analyse the educational exceptions as implemented in various international conventions, and the issues emerging therewith in light of the copyright proposals and in conjunction to the Maltese Copyright Act and the Information Society Directive. This study which has been mainly compiled through a desk research approach showed that although the Commission’s copyright reform has refined most of the existing principles and has reached its scope in addressing several copyright issues, nevertheless some of the proposals are still subject to debate. Effectively, establishing the benefits and weaknesses of the European Commission’s initiative in view of e-education has been a core objective of this research study. Ultimately, recommendations for further improvement that will cater for a sustained era of exceptional technological change have shaped the conclusion of this paper. Description: LL.B

2018-01-01T00:00:00Z