https://www.um.edu.mt/library/oar/handle/123456789/38453 Sat, 25 Apr 2026 14:11:55 GMT 2026-04-25T14:11:55Z https://www.um.edu.mt/library/oar/handle/123456789/39894 Title: Immovable property tax : towards a more simplified legislation Abstract: This Term Paper delved into the fiscal legislation with its primary focus on the current applicable rates of duty and capital gains tax, as governed by the Duty on Documents and Transfers Act and the Income Tax Act respectively, levied upon a transfer of immovable property by public deed. This proves the interlinkage between the fiscal law and the notarial profession. In Section 1 and Section 2, an overview of the literature review and a discussion on the research methodology were provided, wherein the salient works consulted and the employed methods for research were underlined respectively. In Section 3, the applicable chargeable rates of duty and tax on property transfers were assessed through practical and common scenarios dealt with by notaries. Given the extensive nature of the fiscal legislation, particularly remarking the rules contained in various subsidiary legislations and legal notices, the assessment was not conducted solely through scenarios but a separate analysis was also provided. Adopting a holistic approach, Section 4 evaluated the need for a simplification of the present fiscal laws and suggestions were consequently proposed by highlighting some of the difficulties encountered by local practicing notaries in tax computation as well as putting forward the possibility of having one principal law regulating the tax due on property transfers whilst also assessing its viability and practicality. Description: LL.B Mon, 01 Jan 2018 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/39894 2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/39893 Title: To cross-examine or not to cross-examine and the pertinent law of procedure : the role of cross-examination in seeking the attainment of justice Abstract: Very often, unfortunately, the art of cross-examination is not given the amount of importance it so deserves. Its role in a court case may make the case go in either direction since it strives to challenge, or confirm, the testimonies of witnesses. It can also be argued that cross-examination is as imperative as the position held by a judge. Since cross-examination might be the only possible or last resort to challenging a wrong set of alleged facts, this may be the only chance whereby the judge or magistrate may have the proper opportunity to arrive at a conclusion based on the correct facts of the case - rather than being given no choice but to deduce conclusions on the wrong alleged facts. In a given legal suit, a particular party might know with all certainty that it is their version of facts which is the correct one. However, if a witness gives testimony to a wrong set of facts without any particular intent to do so, or purposely lies or conceals the truth for whatever interest they may have, one of the only possible guarantees to attaining justice is through the cross-examiner. Such counsel will attempt to discredit the credibility of the testimony of the opposing party’s witness, in front of the adjudicator, so that such adjudicator may then, through this, come to the proper conclusion based on the proper facts; i.e. to truly attain justice. It should be noted that the approach herein adopted in this Term Paper is an interdisciplinary approach. An approach which is attempting to rationally consolidate the legal and non-legal realms of cross-examination. Description: LL.B Mon, 01 Jan 2018 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/39893 2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/39892 Title: Pre-contractual liability and the juridical implications of 'Peter Fenech Av Noe vs. Dipartiment tal-Kuntratti' Abstract: The focus of the term paper is that of identifying the implications that the landmark judgment Peter Fenech Av noe vs. Dipartiment tal-Kuntratti will have on future case law and the development of the Maltese Civil Code. Namely, it addresses the issue on the nature of pre-contractual liability, concluding that, considering the characteristics of the doctrine, it is not to be classified as contractual or tortuous, but as dritte spur, that is, opening up a third lane for liability between contract and tort. Accordingly, the prescriptive period for pre-contractual liability should fall somewhere in between 2 to 5 years, the respective prescriptive periods for contract and tort, thus requiring legislative intervention. Furthermore, the term paper delves into the issue of interesse negativo, highlighting the significance of restricting pre-contractual damages to the expenses incurred in good faith, in anticipation of the conclusion of a contract which does not materialise. While this judgment, being the first Maltese case to accept and apply pre contractual liability, is said to shape future cases, the lack of actions filed on the basis of pre-contractual liability is evidence that the implications of this judgment are not yet aware of. In order to remedy this and ensure clarity and consistency in judgments, the Civil Code should introduce a specific provision catering for pre contractual liability. Bearing in mind the importance of acting in good faith during negotiations, it is ideal that article 993 is amended to apply to pre-contractual stages. Description: LL.B Mon, 01 Jan 2018 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/39892 2018-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/39891 Title: The best interest of the child in care and custody disputes : a prejudice to the father's rights? Abstract: The present work is a study on the highly contentious issue of the assignment of children’s care and custody in judicial proceedings. An examination of the sections of the civil code dealing with ‘care and custody’ reveals that, whatever the stage of the proceedings, the focus of Maltese law and the respective courts is not the interests of the parents but rather the best interest of the child. Prima facie, the law is neutral without any bias in favour of any parent. However, it appears that non-custodial parents are overwhelmingly men, leading to the perception that disputes over care and custody are ultimately reduced to ‘gender wars’. Indeed, this term paper endeavours to determine whether this overarching principle of ‘the best interest of the child’ prejudices the father’s rights. Some of the instances identified include the non-cessation of the father’s obligation to provide maintenance even if he happens to be the non-custodial parent and the loss of the noncustodial father’s right to reside in the matrimonial home due to the court’s reluctance to remove the child therefrom. In the past, the courts were reluctant to award sole custody to the father. The dominant belief was that the mother was the most suitable parent to have custody of the minor children. This norm, commonly known as the ‘Tender Years Doctrine’ was eventually superseded by ‘The Best Interest of the Child’ doctrine. This study found that nowadays child custody norms are significantly changing. Parliamentary debates and the courts are increasingly recognising the importance of the father’s presence in the children’s upbringing especially following family breakdown. In the past decade or so, sole custody orders in favour of the mother have decreased considerably. A major limestone has been reached; courts are preferring joint care and custody orders over sole custody orders where parents cooperate with each other. Yet, even in joint custody orders, the tendency is that children live with the mother and access rights are granted to the father. The present writer concludes that even though the best interest of the children does in certain instances conflict with those of the father, the well-being of the children should come first. After all, children should not be treated as ‘pawns’ and their protection should be given priority, no matter whose interests are prejudiced in the process. Description: LL.B Mon, 01 Jan 2018 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/39891 2018-01-01T00:00:00Z