OAR@UM Collection:
https://www.um.edu.mt/library/oar/handle/123456789/19988
2024-03-28T22:52:24ZLawyers ethics in parental alienation
https://www.um.edu.mt/library/oar/handle/123456789/118826
Title: Lawyers ethics in parental alienation
Authors: Sammut, Ivan
Abstract: Much literature exists about parental implications and
their effects on victims and societies. Yet, while lawyers are
very important stakeholders in parental alienation
litigation, very little is written on how lawyers, judges and
other court officials should behave during parental
alienation litigation. It is not right for a lawyer to be unable to differentiate his/her behaviour between
commercial, criminal and family courts. While this may
vary from one jurisdiction to another, it is the norm for lawyers to switch from criminal to
family law cases in several jurisdictions. Yet even within the family court,
one cannot approach property rights like children's well-being. This paper seeks to fill
in this lacuna. The first section discusses the notion
of parental alienation from a legal context. What is
understood by parental alienation in a typical court of
law? This may be different from how it is defined in
psychological research. The subsequent sections deal with
how they represent the
alienated or alienating parent. The final part of the paper
focuses on the court's ethics and its
independent experts.2023-01-01T00:00:00ZManaging legal pluralism in the Maltese legal system : processes, driving forces and effects - a ‘loving’ marriage of legal systems or a curse?
https://www.um.edu.mt/library/oar/handle/123456789/118823
Title: Managing legal pluralism in the Maltese legal system : processes, driving forces and effects - a ‘loving’ marriage of legal systems or a curse?
Authors: Sammut, Ivan
Abstract: This article seeks to discover whether a state that has ended up with a hybrid legal
system, whether by choice or by history over time, is in a better position to face the
new legal challenge posed by economics and politics or whether it makes sense to opt
for a legal system that more or less follows one of the legal families which historically
is a source of the current legal system. The approach is taken from a private law
perspective. Hence, reference is made to both constitutional law and private law, and
in the case of Malta, the former is mainly derived from the English common law
while the latter applies to the main civil law and private law systems. The article
refers to the Maltese legal system as a case-study. After independence, Malta opted
out of a free choice to consolidate the mixedness in its system, and common law’s
influence became stronger than before. For the past two decades, there has been a
strong influence from the European Union (EU) legal system, with Malta being the
smallest among the EU Member States. Reference is also made to how the Maltese
legal system adapted itself to its ‘marriage’ with the EU legal order and how Malta
reconciled the Westminster model of parliamentary supremacy with constitutional
supremacy and later with EU law supremacy.2022-01-01T00:00:00ZMalta (Competition law in Malta)
https://www.um.edu.mt/library/oar/handle/123456789/118678
Title: Malta (Competition law in Malta)
Authors: Sammut, Ivan
Abstract: Maltese competition law is relatively new. The primary source of this area of law is the Competition Act of 1994, now Chapter 379 of the laws of Malta. The purpose of its enactment was to lay the groundwork for the eventual adoption of the acquis communautaire. However, one has to take into account that, due to the size of the Maltese economy, competition law legislation has not developed much. The primary legislation was last amended in 2000 in order to bring it more in line with EC legislation. [excerpt]2007-01-01T00:00:00ZPrivate international law in family matters from a Maltese perspective
https://www.um.edu.mt/library/oar/handle/123456789/118667
Title: Private international law in family matters from a Maltese perspective
Authors: Sammut, Ivan
Abstract: Let me start by introducing Maltese family law at the cross-roads of civil law and common law. Malta has a long legal history tied to continental Europe, and this very strong connection strengthened, during the period of the Knights from 1530 to 1798 and continued well beyond the arrival of the British in 1800. When the Maltese Civil Code was first enacted in 1868, the major source was the Code de Napoleon. As a result Maltese substantive private law is based on the Roman/Civil law system. The British period which lasted more than a century and a half did leave a very strong impact on the Maltese legal order. In fact, British influence is mostly found in procedural and administrative law whereby the Maltese system is much closer to the British common law system than to the continental civil system. Nevertheless the Maltese legal system, unlike the common law system, is a codified system whereby even though the administrative and procedural law is based on common law, it is yet codified. The Maltese Code of Organisation and Civil Procedure (COCP) dates back to 1865. Although the Laws of Malta include codes as their continental counterpart, common law influence can still be seen as codification is not complete. While a good part of private law is found in the Civil Code and Commercial Code, other laws of private law nature are scattered across various chapters of the almost 500 chapters of laws that make up Maltese law similar to the laws of England. While the courts adapt the adversarial system similar to common law, yet the doctrine of precedent, essential for a 'pure' common law system is absent from Malta.2008-01-01T00:00:00Z