https://www.um.edu.mt/library/oar/handle/123456789/86535 Sun, 05 Jul 2026 10:00:38 GMT 2026-07-05T10:00:38Z https://www.um.edu.mt/library/oar/handle/123456789/86665 Title: The impact of Covid-19 on Maltese contract law : can the absolute binding force of contracts be mitigated under these exceptional circumstances? Abstract: In 2020, COVID-19 took the world by storm and had an unprecedented negative impact on numerous businesses and individuals worldwide. In an effort to slow the spread of the virus, the State imposed restrictions and regulations consequently affecting the ability of many to honour contractual obligations. Essentially this triggered the writer to pursue the leitmotif of this dissertation, namely, the impact of COVID-19 on the performance of contractual obligation. Contracts legally entered into require the observance of the maxim pacta sunt servanda. This analytical overview addresses this legal concept binding unvitiated contracts, and the limited existent grounds allowed by law for the rescission, revision, or renegotiation of contracts under change of circumstances. This study is a product of a comparative law analysis of the exemptions to the doctrine of the sanctity of contract, namely the clausula rebus sic stantibus, the doctrine of impossibility, doctrine of frustration and force majeure. It examines to what extent the Court may discharge a party from its contractual obligations due to the changed circumstances. In its entirety the study concerns contracts that were contracted prior to the outbreak of COVID-19 and which have become onerous due to difficulties brought about by this nouveau pandemic. Ultimately this dissertation seeks to address the question whether the absolute binding force of contracts should be mitigated under these exceptional circumstances. Description: M.Not.St.(Melit.) Fri, 01 Jan 2021 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/86665 2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/86661 Title: Humanitarian corridors as legal pathways to protection : lessons for Malta Abstract: This study seeks to offer insight into Malta's latent plausible lessons from the Italian model of Humanitarian Corridors. This potential multi-stakeholder commitment has the capacity to provide valuable elements of alternative engagements with protection. With this purpose in mind, the case study for this research delves into the humanitarian corridors initiative established by the Italian Federation of Evangelical Churches, the Community of Sant'Egidio and the Waldensian Church, in collaboration with the Italian Ministries of Interior and Foreign Affairs. The backdrop for this is the exploration of international and domestic laws that confer the right to asylum. The approach taken is comparative and actor-oriented and is supported by semi-structured interviews with influential stakeholders in Malta. Eventually, this paper will feature the presumed European Union's pledge as part of the International Law commitment to respect human rights and the many ways in which it failed to sustain such obligations. The purpose of this study is to serve as an inspiration and to conceivably support debates around the potential validity of humanitarian corridors and the prospects of Malta in assuming itself as part of this multi-stakeholder commitment to bolster safe and legal pathways to protection. Description: M.Adv.(Melit.) Fri, 01 Jan 2021 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/86661 2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/86660 Title: The ECtHR's interpretation of ‘democratic necessity’ when assessing Domestic Court interventions in cases of parental alienation and contact denial Abstract: When cases of parental alienation and contact denial reach the European Court of Human Rights seeking a remedy for a violation of the applicants’ rights as protected by Art 8 of the European Convention of Human Rights, namely the right to respect for family life, the domestic authorities frequently attempt to justify their interference with this right by invoking the democratic necessity of the impugned measure. This study analyses the principles applied by the European Court of Human Rights in these cases, in its interpretation of ‘necessary in a democratic society’. The margin of appreciation accorded to national authorities in cases where a child and parent are being denied the right to mutual enjoyment of each other’s company – which constitutes a fundamental element of family life – is narrow, and decisions taken by the authorities in these cases are subject to a higher intensity of review. Particular diligence should be applied by national authorities when interpreting an alienated child’s expressed wishes, as these could be a reflection of the alienating parent’s voice. Cases of parental alienation and contact denial should be dealt with swiftly by courts if damage to the parent-child bond is to be mitigated, with as little procedural delay as possible and a decisive enforcement of court orders. Transfer of the alienated child’s residence to the targeted parent offers the best outcomes in severe cases of parental alienation, and waiting for the situation to resolve spontaneously is never successful. A number of reforms for Malta’s Family Court are recommended, which do not require the time-consuming implementation of new laws but rather the better application of existing provisions with minor amendments. The approach proposed incorporates principles of judicial continuity, organised case management and a focused case strategy which, if applied, would contribute to a reduction in unnecessary delays and thus bring Malta in line with its obligations under Art 8. Description: M.Adv.(Melit.) Fri, 01 Jan 2021 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/86660 2021-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/86659 Title: Aspects from selective Maltese legislation touching religious affairs from 1814-1854 Abstract: The firm religious beliefs of the Maltese, entrenched in daily life since very ancient times, have influenced legislation to this day, notwithstanding the attempts of the British power dominating the country throughout the years 1814 – 1964 to change legislation and customs. The explicit and fervent religious base supported and established the power of the Roman Catholic Church in Malta, so much so that it granted the Roman Catholic Church the potential to influence and rectify political declarations and legislation and to obtain administrative power over declarations concerning religious affairs. The attempt to enforce the Mortmain Law in 1822, succumbed to the driving force behind the power of Roman Catholic Church in Malta. Subsequently, the Marriage Law reform attempts succeeded only because the power in government during the period studied paid heed to the demands of the Church. This brought about the establishment of the criteria of a marriage contract as has always been the case according to Cannon Law even though mixed marriages were on the increase. This dissertation aims at representing a historico-legal account on the evolution of selective reforms and legal enactments taking shape in Malta, paying particular attention to the interests of the Church. The dissertation commences with an introduction that expounds up on its aims and objectives, the sources analysed and the methodology used. Chapter one of the dissertation presents the historical context of the legal and religious position in Malta during the first years of British occupation of Malta, as well as subsequent legal developments. Chapter two covers the legal system and legal reforms that directly or indirectly affected the interests of the Church, and the forma mentis, determining proposed and abolished legislation. A historical analysis on the practices of the Church and the regulating of the practices is given in Chapter Three. Chapter Four is dedicated to the Proclamations, Ordinances and Laws that concerned religious affairs. The conclusion presents the analysis of the period that represents an important epoch of transition that defines Malta’s legal history, the influence of the dominant Church, the clergy, the people, British intentions and the legislative transformations the colonisers wanted to bring about. Description: M.Adv.(Melit.) Fri, 01 Jan 2021 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/86659 2021-01-01T00:00:00Z