The rights and obligations of craft persons under the Maltese law of contract

Abstract

This thesis aims to examine the rights and obligations of the craft persons under the Maltese law of contract, through an examination of the relevant provisions of the Maltese Civil Code, various court decisions, and legal commentaries with the aim of analysing how the Maltese Civil Code handles the juridical relationship between the craft person and his client. The aim and method adopted throughout this study, and the sources behind this work are covered in the first chapter of the thesis. The second chapter of the thesis is then dedicated to an analysis of the law of contract under Roman Law; this being the foundation of the Maltese law of contract, which seeks to identify and examine those Roman Law institutes which were of relevance to the craft person. A comparison of Maltese consensual contracts mainly sale, letting and hiring, and mandate is carried out in the third chapter so as to determine under which contract the juridical relationship of the craft person_ is regulated when this person undertakes to perform a particular work. On accomplishing this selective approach throughout chapter three, the thesis next moves on to discuss the actual rights and obligations of the craft person throughout chapters four and five, parting from the provisions of the contract of works (locatio operis) under the Maltese Civil Code and, relying on other sources when deemed appropriate. The final chapter goes on to explore to what extent the Maltese law of contract can be regarded as being a suitable instrument in defining the rights and obligations of the craft person, with appropriate comments, proposals, and suggestions whenever these are deemed necessary.