https://www.um.edu.mt/library/oar/handle/123456789/105117 Thu, 30 Apr 2026 15:02:06 GMT 2026-04-30T15:02:06Z https://www.um.edu.mt/library/oar/handle/123456789/111295 Title: An in-depth analysis of the application and implementation of the conduct of rulebook within the Maltese long term insurance sector Abstract: The idea of this study is to analyse how insurance undertakings and intermediaries have incorporated the requirements of the Conduct of Business (COB) Rulebook in their business model and distribution of long term business in the domestic market. In Chapter 1 - Introduction the Context of the Study, Motivation, Statement of Problems and Gaps, Propositions, Significance of the Study and Dissertation Outline have been provided. In the Literature Review the regulatory changes and the implementation in Member States specifically in Malta are highlighted. An overview of the COB for Insurers and Intermediaries is given to set the foundations for this study. The requirements of the Product Oversight and Governance (POG), the Advice and Sales Process, Disclosure of Information and Complaints Handling are dealt in depth. Then the importance, the benefits of COB, what has been addressed with COB rules, the change in insurance undertaking’s structure, internal processes, the insurance products, selling and distribution of insurance and finally the supervision of the national competent authorities of COB are explained. Finally the researcher will derive propositions. In Chapter 3 - Research Methodology the method used for the systematic Literature Review in terms of Context, Data Sources, Eligibility, Results and Limitations are explained. Thereafter the research approach will be determined with Background, Data Gathering and Framework, the Conduct of a SWOT Analysis, the Reasons for Conducting a SWOT Analysis, the Benefits and Fields of Study, the Limitations and finally the Completion of a SWOT Analysis. In Chapter 4 the Analysis and Discussion of the results of the data gathering in accordance with the SWOT Analysis Template will be presented and evaluated by the researcher with reference to the questions raised in the Literature Review and the Research Methodology. Finally, the researcher attempts to propose in Chapter 5 - Recommendations and Conclusions that COB Rules should address and give attention to in the near future. Description: M.A. Fin. Serv.(Melit.) Sat, 01 Jan 2022 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/111295 2022-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/111290 Title: A critical analysis of the payment services directive 2 and its effect on consumer protection and data protection Abstract: The innovative developments during the early 10s brought new actors to the payment market. The desire of the European Commission was to regulate such technology tools, whilst pinpointing key factors inducing such changes in the EU payment sector. Credit institutions, although, just acquiring a new level of trust, following the collapse of the Financial Services market in 2008, have had their dominance in the sector substantially reduced. The enactment of PSD2 allows the non-bank institutions to provide access to payment services, without depending on credit institutions. This has caused a disruption in the traditional market, expecting incumbents to think of new creative business models to help them remain competitive. In so doing, the payments landscape has completely changed. An analysis was made on the written word of the PSD2, which repealed the first attempt of the EU to regulate the payments market; a sector big enough to merit another financial services pillar, along with banking, insurance and investment. Although PSD1 was rescinded, certain provisions were left for the Member States’ interpretation during the transposition stage, despite the various discussions preceding the final text publication. This study attempts to assess the PSD2 in terms of the competition it has created through innovation, the consumer protection it truly wants to prioritise and the security measures in place to safeguard the most vulnerable. Description: M.A. Fin. Serv.(Melit.) Sat, 01 Jan 2022 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/111290 2022-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/105296 Title: Engaging mediation in care and custody disputes Abstract: Mediation aims to resolve an issue by means of an amicable settlement; an alternative dispute resolution. Conflict is considered to be part of human nature; therefore, such concept contributes towards resolving problems on the parties’ own terms especially in issues related to the family particularly minors. Hence such process not only facilitates communication between parties who were in love and had children, but shall also leads them towards finding a way forward in co-parenting. Engaging mediation in care and custody disputes shall contribute towards introducing the concept of such alternative dispute resolution between parents who are unmarried and have children. A distinction is being made in this regard for the reason that any dispute related to the family, even in instances where there are unmarried parents, they shall seek for a remedy in the same manner as couples who would like to obtain a personal separation. Mediation can be either voluntary or mandatory; whilst the former in itself refers to circumstances where the parties from their own free will are willing to discuss and resolve their pending dispute before a third party neutral, on the other hand, mandatory mediation since it is being imposed by law or a court order, the outcome of such process may differ from a voluntary mediation. Since in Malta Family Law disputes are automatically referred to mandatory mediation, such research aims towards introducing various concepts which shall lead the parties to resolve their issues in an amicable manner whilst keeping at the forefront the best interests of their child. Albeit parents are no longer together and may no longer see eye to an eye, such factor shall not affect their child’s life. Therefore, by virtue of mediation, such facilitation in communication shall contribute towards finding a way forward especially in co-parenting; whilst at the same time the parties can move on with their life. This dissertation aims to examine mediation within the Maltese setting whilst at the same time, reference is made to to foreign jurisdictions. Such review shall contribute towards enhancing the Maltese set up so that other than considering mediation as a kick-off for a lawsuit, mediation shall serve as a tool which shall help parents to reach a compromise based on their own needs and wishes, in a timely manner and without any exorbitant legal costs. Description: M.A. Mediation(Melit.) Sat, 01 Jan 2022 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/105296 2022-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/105295 Title: Connected lives : how could the process of mediation aid in long-term effective co-parenting? Abstract: This study investigates the mediation process in the context of CO-PARENTING. There is a growing interest in shared parenting and this study aims to look at present literature, offer an overview of Maltese legislation and compare it to European and non-European legislative systems. The research involved the gathering of pertinent information through means of semi structured interviews with various professionals. Primarily, mediators and lawyers, both important and pivotal parts of the mediation process in Malta, were interviewed. Their experiences were complemented by family therapists, who are included in this study in an attempt to study co-parenting plans from a SYSTEMIC APPROACH. The findings of this study show that mediation is a mandatory alternative dispute resolution, however, professionals view it as an opportunity for growth for parties and a possible ground of negotiation and preventive method from going to Court. All professionals recommended changes in the system, and this research shows that the mediation process has, over the years, become an extension of the court hearings, resonating very often with the same practice methods as courts. The need for more in-depth mediation sessions will also be presented with the importance of the mediators taking more control of the sessions and giving structure to the mediation. This study will show the importance of more frequent yet more in-depth sessions to make mediation faster and more on-target. This study also explores the need for mediation to be more CHILD INCLUSIVE. PARENTAL ATTUNEMENT is explored as one of the methods that could potentially be used to bring the children’s wishes to the table during the negotiations. Finally, the research advances a number of recommendations such as the need for GUIDELINES for mediators to ensure that a common approach is being adhered to. These guidelines, especially concerning co-parenting, will also serve as suggested proposals for Court to consider when decreeing on co-parenting agreements. Description: M.A. Mediation(Melit.) Sat, 01 Jan 2022 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/105295 2022-01-01T00:00:00Z