https://www.um.edu.mt/library/oar/handle/123456789/11485 Thu, 23 Apr 2026 15:56:21 GMT 2026-04-23T15:56:21Z https://www.um.edu.mt/library/oar/handle/123456789/130052 Title: The effects of substance abuse on the capacity to marry in terms of Canon 1095 of the 1983 Code of Canon Law Abstract: Roman Catholic Marriage is regulated by the 1983 Code of Canon Law. It is pertinent to mention that under Maltese Law the civil effects of marriage are regulated by the Marriage Act and the Civil Code: Chapters 255 and 16 of the Laws of Malta respective! y. For the purposes of this thesis we are only concerned with marriage as regulated under the current 1983 Code of Canon Law. As the title itself indicates the primary scope of this study revolves around a study to examine the validity of marriage in the context of situations that concern individuals who abuse substances and/ or are addicted to the same. Contrary to the position under the 1917 Code (also referred to as to the Pio-Benedictine Code) the 1983 Code provides a definition of marriage. The said definition is contained in Canon 1055 § 1 as follows: The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized. From the said definition one will immediately note that the focus is centered around the words "a partnership of the whole of life". It is indeed a focus that evolved through the ages, since prior to the position adopted under the 1983 Code the primary end of marriage was categorically the procreation of children. The Encyclical Casti Conubii is a clear exposition of this. Reference is made to the following excerpts: For the Angelic Doctor, writing on conjugal honor and on the offspring which is the fruit of marriage, says: "These things are so contained in matrimony by the marriage pact itself that, if anything to the contrary were expressed in the consent which makes the marriage, it would not be a true marriage ... To take away from man the natural and primeval right of marriage, to circumscribe in any way the principal ends of marriage laid down in the beginning by God Himself in the words 'Increase and multiply,’ is beyond the power of any human law .... […] Description: M.A.MATRIM.CANON LAW&JURISPR. Wed, 01 Jan 2014 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/130052 2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/16740 Title: Digital inheritance : assessing the need of legislative intervention Abstract: Technology has become a fundamental part of our everyday life. Today, it is hard to imagine a world without computers. Without even noticing, most of us are becoming more and more digital and moreover, with the advent of the Internet our lives are slowly moving online. Traditional letters has been replaced by electronic mails, Facebook and Flickr are today the depository of most of our photos, while several hours of music and movies are today rarely found on compact disks but are located on various servers across the globe. While this technology has brought various advantages during our lives, it could present a problem after we die. In fact, while ownership and succession rights of traditional assets, such as cars, jewellery and land are protected by long-established laws, it is not clear what governs the disposition of digital assets post-mortem. In addition, due to lack of specific legislation, service providers are creating terms and conditions in their best interest, sometimes to the detriment of users. Besides being cumbersome and unclear, most of these policies also prohibit the transfer of digital contents to third parties. In actual fact, when family members sought access to digital accounts of their deceased loved ones, service providers refused on the grounds of privacy. While post-mortem privacy is not a recognised term, it is clear that it is an area of law which may also be a hindrance to digital inheritance. All these conflicts and uncertainties has already raised several questions and in fact court disputes between family members and service providers started to emerge. This triggered a few countries to start analysing a new area of law to try and find a solution on how to handle the transfer of digital estate post-mortem. While no definite answer to this question exists, this thesis will bring to the attention of Maltese legislators the value and importance of digital assets and try to raise concern before we start facing legal battles in our courts. Description: LL.D. Wed, 01 Jan 2014 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/16740 2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/15733 Title: Doctor of Laws 2014 Abstract: A list of the Doctor of Laws dissertations submitted in 2014 Description: LL.D. Wed, 01 Jan 2014 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/15733 2014-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/5265 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. Wed, 01 Jan 2014 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/5265 2014-01-01T00:00:00Z