Culpa in educando : its possible applicability in Maltese law

Abstract

This thesis presents an analysis of the liability of parents for the delicts or quasi delicts committed by their children by analyzing the significance and scope of the notion of culpa in educando. Since the latter is unknown to Maltese law, the thesis seeks to address the question whether such a notion would find its place under our law. Chapter I entitled "Understanding culpa in educando" deals with the Italian concept of parental liability. This is done by examining Article 2047 and Article 2048 of the Italian Civil Code. Emphasis is then put on Article 2048 from which the notion of culpa in educando stems and which provides for a proper understanding of the meaning, scope and application of such a notion. Chapter II entitled "Jurisprudence of the Italian Courts" sheds light on how the notion of culpa in educando is being applied by the Italian judges and under which circumstances it is being applied, thus showing the raison d'être of this concept. Chapter III entitled "Culpa in educando in an educational setting" deals with the application of the notion of culpa in educando in delictual situations arising at school. Moreover, it highlights the position taken and the role played by Italian school authorities and teachers and the interplay between the latter's liability and that of the parents. Chapter IV entitled "A Comparative Outlook" elucidates how other legal systems tackle parental liability. This is done by examining three legal systems: the French, the English and the German systems. Chapter V entitled "The Maltese Perspective" deals with the way the question of parental liability is dealt with under Maltese law. It not only highlights the provision of the Civil Code dealing with parental liability, but it also puts emphasis on the Finally the conclusion of the thesis wraps up the various arguments brought forward by the thesis and provides for my opinion vis a' vis the culpa in educando notion and its possible application in Maltese law.