The evolution of morality in contract law with particular reference to cohabitation

Abstract

The aim of this Research Project is to analyse the evolution of Morality in Contract Law. This evolution was examined through the concept of Cohabitation. The latter to date, has been considered as constituting an Illicit Causa and thereby constitutes an immorality. Such immorality is explored from a 21st century point of view, in light of recent legislative proposals on the issue of Cohabitation. The first chapter introduces the main elements of this project and a brief explanation of each concept is provided. The second chapter provides an analysis of the issues of Cohabitation, Immorality and Contract law through the use of Maltese Court Judgements. This chapter illustrates the evolution of morality via insights of the Court’s and the Judges’ perspectives. The third chapter focuses on the European perspective on the issue of cohabitation. This is mainly explored by analysing what constitutes family life and private life under Article 8 of the European Convention on Human Rights. The fourth chapter discusses whether the new proposed legislation on Cohabitation provides a solution to the issue of morality vis-à-vis cohabitation. The conclusion explores whether a solution has been found for this problem of immorality. Morality evolved and is still evolving, but on paper the problem explored in this study remains. To date the courts are still considering Cohabitation as immoral and as constituting an Illicit Causa. Judges still make the distinction between the cause and occasion of the obligation, meaning that in reality the immorality still remains. The Cohabitation Bill seems to be the solution to the problem, but for such a solution to be effective it must pass into law.