https://www.um.edu.mt/library/oar/handle/123456789/7805 2026-04-10T19:35:09Z 2026-04-10T19:35:09Z https://www.um.edu.mt/library/oar/handle/123456789/133341 2025-03-18T13:49:57Z 2013-01-01T00:00:00Z

Title: The trustee’s power of administration with particular focus on investment issues in the current financial climate Abstract: “The suddenness, and severity, of the current financial malaise has left many asking what has happened, and why nobody saw it coming. Some of those nursing investment losses might be looking for someone to blame.” - Oxford Journals, Volume 15, Issue 2, Credit Crunch and Trustee Investment. This dissertation seeks to address these issues in the context of trusts and the powers of trustees. Proper structuring and scrupulous administration are the optimal way of protecting the trust and its assets. Potential grounds for attack are kept at a minimum through good trust administration and record keeping. The trustee has obligations regarding the management of the trust, and these duties are very important and should be followed with utmost care and diligence. Trustees are required by law to take appropriate advice before exercising their power of investment and to review the investments periodically. It is therefore important that trustees have a good working knowledge and understanding of what their responsibilities are in relation to assets. Failure to do so could have significant consequences, particularly for professional trustees. Each trustee is under a statutory duty of care and professional trustees are under a higher duty of care when exercising their power of investment. Trustees are very likely to have discharged their duty if they have retained suitably qualified investment advice, and maintained an ongoing review of this investment advice either by entering into a discretionary mandate with suitable investment managers, or appointing experts to advise them. Even then, despite professional investment advice to trustees, complaints will arise - whether for good cause or not. This is especially so in a falling market. A trustee needs to consider every action to be taken by him within the applicable time-frames. These claims, which are brought by trustees on behalf of the trust, will be based on contractual and tortuous principles. The current financial crisis is leaving trustees exposed to a serious skills deficit and the demands placed on trustees are more challenging than ever resulting in growing numbers of lay trustees feeling out of their depth and not adequately skilled to perform their job properly. This financial crisis has been a hard time for trustees, beneficiaries and investment advisers to the same degree. It has shown a great need for trustees to have an essential knowledge and understanding of investment issues. The issue of the review of trust investments has, over the past recent years, become very sensitive and relevant. There is a greater focus on the duties of trustees when confronted with the risks encountered by them due to the current unstable climate. Description: M.A.FIN.SERVICES

2013-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/130298 2025-01-09T05:46:43Z 2013-01-01T00:00:00Z

Title: The systematic human rights violations experienced by Sub-Saharan African female asylum seekers in transit to Europe Abstract: Sub-Saharan female asylum seekers are subjected to the repeated violation of their fundamental human rights. There are many factors which re-enforce this situation. They have limited opportunities to redress the sexual and gender based violence experienced both in their country of origin as well as in the transit countries during their journey towards Europe in search of a better life. The shame and helplessness which victims of rape and SGBV feel often discourages them from reporting these crimes. This results in a 'Conspiracy of Silence', further empowering the perpetrators of these acts of violence and oppression on women to maintain the status quo. Due to the lack of information about the rampant abuse suffered by these women, little is done to address this state of perpetual injustice. The aim of this research is thus to evaluate the human rights violation of Sub-Saharan African women asylum seekers, thereby shedding light on the shadows hiding the cruel and shameful disregard for the wellbeing of the victims. Due to the sensitive nature of the study, a qualitative approach will be adopted as this was considered to be the best way towards an in-depth analysis. Secondary research will be the first tool used to identify the primary causes of the various forms of oppression experienced by the Sub-Saharan women within their country as well as during the migration process. This will be followed by a number of semi-structured interviews with people who are directly involved with female asylum seekers from the Horn of Africa. The resulting data will be instrumental to identifying what action needs to be implemented to protect these women. Description: M.A.HUMAN RIGHTS&DEM.

2013-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/130115 2024-12-30T10:26:56Z 2013-01-01T00:00:00Z

Title: Co-ownership in the civil code and the Condominium Act Abstract: In this thesis, the author highlights the concept of co-ownership under the Civil Code, Chapter 16 of the Laws of Malta, and under the Condominium Act, Chapter 398 of the Laws of Malta. The author then proceeds to determine important duties, burdens and rights under both the Civil Code and the Condominium Act. Divisibility and the indivisibility of property owned in common are discussed in Chapter 3. The concept of forced sale under Article 495A of the Civil Code provides for the instance where co-owners fail to agree in respect of the sale of a thing held in common; this is elaborated upon in Chapter 4. Article 497 also gives the power to the Court to order the dissolution of the community notwithstanding the prohibition of the testator. Costs versus apportionment according to the value of the property are discussed in Chapter 5. In the Civil Code, Article 492 provides that each of the co-owners may compel the others to share the expenses necessary for the preservation of the common property. Furthermore, Article 493 provides that no alterations are to be made without the consent of all the co-owners. On the other hand, Article 11 of Chapter 398 of the Laws of Malta sets out the manner in which the apportionment of costs should take place. In Chapter 6, the role of the administrator in the Civil Code versus that in Chapter 398 of the Laws of Malta is explored. Article 494 of the Civil Code vests the Court with the power to appoint an administrator of common property The Condominium Act propounds the method for appointment and removal of the administrator, together with lengthy provisions regarding the function and the representation of this administrator. The issue of registration under both the Civil Code and the Condominium Act is also discussed in this thesis. Description: LL.D.

2013-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/130077 2024-12-30T10:14:39Z 2013-01-01T00:00:00Z

Title: Children's interest : exploring how the mediation service in Malta addresses the children's welfare during separation process Abstract: This research study aims to explore whether children whose parents are going through the separation process at the Maltese Family Court are given the opportunity to be heard. The study also focuses on the professionals' opinion of whether they agree or not in having a child-inclusive mediation service. The professionals interviewed in the study included six family mediators, four family lawyers and two child advocates. The research took a qualitative approach. The semi-structured interview aimed lo 3ather rich and validated information from the skilled and knowledgeable professionals who practice in the Family Court. Thematic analysis of data was employed and all data was coded and gathered into main themes. Overall, findings suggest that at present the mediation service is not giving children enough chance to voice their opinion and concerns about their future. The majority of the professionals interviewed have mixed feelings of whether the mediation service should include the participation of the children. Family mediators do not feel comfortable to speak with children mostly because of the lack of specific training and professional supervision at the Family Court. An important aspect pointed out by all professionals interviewed was that they all feel the lack of liaising and communication between them although they know that liaising is vital as it provides valid information on which suggestions are made to the judges. In addition, the service's structure has various shortages which do not make it accessible to welcome the children. Description: M.A.MEDIATION

2013-01-01T00:00:00Z