The assignment of the business concern

Abstract

The business concern or " azienda kummerciali" although not expressly regulated by the law of Malta is undoubtedly a recognised feature of Maltese commercial practice, and has played an important role in the commercial development of these Islands. As there is such a lacuna in the Maltese Commercial law with regard to the business concern the Maltese courts have relied heavily on the principles found in foreign legislations and in foreign commercial practice, as well as on foreign legal authorities and text book writers. This has been very much the case in disputes which revolved around the juridical character of the concern, or in which a clear exposition of such juridical nature was an important element in determining the conclusion of such dispute. This was clearly recognised by the Commercial Court in the case, known familiarly as the Kursaal Case, or rather Anthony Debona nomine versus Avv. G. Mercieca nomine where it was stated that: "F'Malta l-azjenda kummercjali ghad li ma rcevitx rikonoxximent legislattiv, pero ircieviet rikonnoxximent definittiv fl-uzu kummercjali Malti u anke fil-gurisprudenza nostrali."