The Actio hypothecaria

Abstract

This thesis focuses attention on the enforcement of real rights of security through the Actio Hypothecaria. Problems in relation to this subject-matter will be discussed especially in the light of French and Italian law, for these two systems share a common origin with our own system and hence much light could be thrown upon our law whenever our legal provisions are terse and short. The institute also attracts the attention of the legal reformer as it is essential that there should be clarity and certainty in its principles. Amendments are suggested in this study bearing in mind certain additional provisions which are found in France and in Italy but not in Malta.