The ordinary mode of procedure in contentious civil matters

Abstract

This thesis examines the ordinary mode of procedure in front of the Maltese Civil Courts in the First Instance. The introduction consists of a brief overview of the stages which culminated in the jurisdiction of the state over the rights of its citizens and which led to the creation of the concept of the civil action. The ordinary manner in which proceedings are conducted in some foreign legal systems is, then, considered in order that one can make a comparison with the position under Maltese Law. The study continues with an analysis of the Writ of Summons, which is the ordinary way of instituting proceedings in front of the Maltese Courts. The trial of the cause is, then, discussed. Throughout the study of Maltese Law special attention is given to the recent amendments made, by Act XXIV of 199 5 to the Code of Organisation and Civil Procedure, in this area.