https://www.um.edu.mt/library/oar/handle/123456789/70609 Sun, 05 Apr 2026 21:27:02 GMT 2026-04-05T21:27:02Z https://www.um.edu.mt/library/oar/handle/123456789/69245 Title: The Law Journal : Volume 1 : Issue 5 Abstract: The Law Journal was, at the time, the first and only local legal publication on our island. Its existence was indicative of a lacuna, one which academics would not fill. It took a group of law students, balancing their studies and other commitments, to organise such a publication. Description: This item has been retyped from the original and pagination will differ from the original. Tue, 01 Jan 1946 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/69245 1946-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/69244 Title: Editorial [The Law Journal : Volume 1 : Issue 5] Abstract: In the Editorial of the April 1946 Number of this Journal, we, had thought it fit to bid farewell to the Alma Mater ''while handing the flame over to our successors in the management of this periodical." But, as circumstances have turned out, our farewell was premature and it has been our privilege to edit also the present Number. Since then the conferment of degrees has taken place in the University Church and the new doctors are busy carrying on the work rendered sacred by the memory of the glorious names of many a son of the Athaeneum in the different fields of intellectual activity. While humbly praying that we may not be unworthy of walking on the path of our forbears, we propose to keep constantly in touch with those we leave behind and with the future members of the Law Society. Description: This item has been retyped from the original and pagination will differ from the original. Tue, 01 Jan 1946 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/69244 1946-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/69243 Title: Sir Ignazio Gavino Bona Vita Abstract: THE life of every human being has been compared by a philosopher to the adventure of a traveller who strives to ford a broad, swiftly flowing stream, full of slippery rocks, hidden currents and treacherous quicksands... Sooner or later the pilgrim is swept away and submerged. Finally he sinks, leaving behind him perhaps no trace, perhaps a bubble on the surface, quickly dissolved and forgotten, or perchance a fragment of flotsam to be picked up by a later traveller." 1) No more than a fragment, which is the mark of insufficiency; and, this second traveller's task is indeed no easy one. He may endeavour to decipher the story which the fragmentary flotsam is able to relate; but a second cycle of obstacles comes his way and he will feel extremely happy, if he succeeds in giving same sort of realistic shape to the bubble or flotsam that he surveys. Description: This item has been retyped from the original and pagination will differ from the original. Tue, 01 Jan 1946 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/69243 1946-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/69242 Title: Equity and the origin of trusts Abstract: THE main object of this paper is to give an idea of Trusts in English Law; to do so, however, it is essential to introduce the subject by giving a short history of the developments of Equity. In dealing with any subject of English Law the principles can be understood and their logic appreciated only if we go back to 1066 and in many cases even further back. No satisfactory definition has been given of Trust but it has perhaps been best described by Underhill as "an equitable obligation binding a person to deal with property over which he has no control for the benefit of persons (who are called the beneficials or cestui que trusts) of whom he himself may be one and any one of whom may-enforce the obligation. The essential word in this definition is the word "equitable". It is imperative therefore to understand what we mean by Equity in English Law. Equity is not a conception but a definite source of law; it is a completely different thing from aequitas in Roman Law. In certain passages of the Digest aequitas is equivalent to ratio, the correspondence between a legal rule or institution and the spirit of civil or natural law; in other passages aequitas denotes (a) the agreement between rules of positive law and the natural sense of right or (b) the decision of a legal question with special reference to the circumstances of the case or ( c) the mitigation of strict law in accordance with a higher sense of justice. Description: This item has been retyped from the original and pagination will differ from the original. Tue, 01 Jan 1946 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/69242 1946-01-01T00:00:00Z