Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/62410
Title: The causes of personal separation in Maltese law
Authors: Magri, Albert
Keywords: Civil law -- Malta
Marriage law -- Malta
Separation (Law) -- Malta
Domestic relations -- Malta
Issue Date: 1971
Citation: Magri, A. (1971). The causes of personal separation in Maltese law (Master's dissertation).
Abstract: From the opening words of our Civil Code "of the rights and duties arising out of marriage" one can immediately see that the legislator does not deal with the formal and essential requisites of marriage. The code considers marriage as a 'fait accompli' and proceeds to deal immediately with the effects of such a union - among which is the right of the spouses to live separately, through the intervention of the courts, upon a demand being made by either of the spouses. Looking back on the history of our legislation one finds that the legislator has invariably omitted to lay down any provisions purporting to regulate the formalities of such a contract. The chapter in the Code De Rohan 'On matrimony and the marriage state' dealt with the subject from the point of view of the partnership and property rights, explaining the effects arising from the written stipulation of the societas as contrasted with the tacit contract presumed by law. There is nothing as to how a marriage is to be celebrated, nor do we find any provisions dealing with such matters as capacity or consent.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar/handle/123456789/62410
Appears in Collections:Dissertations - FacLaw - 1958-2009

Files in This Item:
File Description SizeFormat 
Magri_Albert_THE CAUSES OF PERSONAL SEPARATION IN MALTESE LAW.pdf
  Restricted Access
5.36 MBAdobe PDFView/Open Request a copy


Items in OAR@UM are protected by copyright, with all rights reserved, unless otherwise indicated.