Prescription in Maltese tort law : an analytical and comparative perspective

Abstract

The Statute of Limitations, or rather, the Extinctive Prescription period as it is known in Maltese jurisprudence, is a concept which describes the time bars, or time limits, within which parties can institute proceedings starting on the day of the damage. This refers to both civil as well as criminal matters. Despite being common to both, each concept raises different questions regarding the effects and justification of having a prescriptive period. For the purpose of this dissertation, the author has analysed various legal and moral implications that extinctive prescription raises in Maltese tort law, while also keeping in mind any differing arguments and claims that tortious actions arising from both civil, as well as criminal offences may bring about. In the first three chapters, the author aims to view this concept from both a legal and ethical point of view. While the introduction serves as a means of extrapolating and examining the notion and nature of extinctive prescription in Maltese Tort law, the two subsequent chapters link directly to it; utilising it as a basis in order to point out various inconsistencies within the notion of extinctive prescription in local Tort Law. Furthermore, the final chapter consists of a comparative analysis between the Maltese legal system and other jurisdictions in order to further substantiate the aforementioned arguments. Finally, the author concludes by pointing out the evident lacunae when looking up sources of extinctive prescription in Maltese Tort Law; one which also extends to comparative analyses with other jurisdictions. This, together with proposals raised by the author himself, aim to bring this concept to the surface in order to promote further research and discussion surrounding the local jurisdiction. Moreover, this study unearths various issues which surround this notion, with the hope of creating a more refined perspective which places the element of moral equity at its centre.