Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/53646
Title: ‘Nemo ad impossibilia tenetur’ in the context of maintenance
Authors: Calleja, Loredana-Paulette
Keywords: Civil law -- Malta
Child support -- Law and legislation -- Malta
Remedies (Law) -- Malta
Issue Date: 2019
Citation: Calleja, L.-P. (2019). ‘Nemo ad impossibilia tenetur’ in the context of maintenance (Bachelor's dissertation).
Abstract: The obligation of a maintenance debtor to provide maintenance may last for many years, during which the means of the same may deteriorate for reasons beyond his or her control. In such eventuality, the law allows the maintenance debtor to ask the Court to accordingly vary the amount or suspend this obligation, as the case may be. Such request may or may not be upheld depending on whether a contract is in force. The amount of maintenance may have either been determined by the Court or agreed between the parties themselves in a contract. In the latter scenario, the overriding principle is that pacta sunt servanda, and therefore both parties, including the maintenance debtor, are still bound by what they have wilfully agreed. However, the amount may be varied in line with the principle nemo ad impossibilia tenetur, which stipulates that no one should be held to do the impossible. The present work seeks to examine when and in what circumstances does nemo ad impossibilia tenetur prevail over pacta sunt servanda. It also attempts to look at the historical development of this general principle, the current remedies arising from the law, any limitations of the law and the difference in the remedies available to a maintenance debtor whose obligation is ordered by the Court and a maintenance debtor whose obligation arises from a contract. It concludes by proposing certain recommendations as an attempt to make up for any limitations which have been perceived.
Description: LL.B.
URI: https://www.um.edu.mt/library/oar/handle/123456789/53646
Appears in Collections:Dissertations - FacLaw - 2019

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