Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/65204
Title: Contract, quasi-contract, tort and quasi-tort at Maltese private international law : recent developments
Authors: Zammit, Robert
Keywords: Contracts -- Malta
Quasi contracts -- Malta
Tort liability of corporations -- Malta
Issue Date: 2007
Citation: Zammit, R. (2007). Contract, quasi-contract, tort and quasi-tort at Maltese private international law : recent developments (Master's dissertation).
Abstract: In the last couple of years two theses tackled the issue of a European Contract and the possibility of harmonization on the substantive level. However the possible harmonization on PIL level was not given that importance. In 1999 a thesis tackled the problems relating to choice of law, but did not go into much detail with regards the harmonization process on PI L level. With Malta's accession to the EU and the obligation to become party to the Rome Convention 1980, Maltese law was faced with a new reality. The Maltese PIL rules which regarded contractual obligations were going to be found in a legal document. Therefore an analysis of this "new" piece of legislation was needed. In the first chapter the author goes into the historical background of PIL harmonization process with regards the applicable law rules of contractual and non-contractual obligations. Reference is made to the various international and European projects which tried to harmonize contract law both on the PIL level as well as substantive level. The focus is then shifted on Maltese PIL, whereby the author gives a brief description of its sources and elements. In the second chapter the various European unification processes are considered and examined. Furthermore the different elements of a contract are analysed vis-a-vis the various unification processes. In Chapter 3 the author went into the main rules found in the Rome Convention 1980 and compared them with those found in the Rome I Proposed Regulation. In this chapter theauthor tackled the issue of the excluded matters from the Convention and Regulation, the rules determining the applicable law, the principle of freedom of the parties to choose the applicable law, the effect of the provisions of the Convention and Regulation on Maltese PIL, as well as the distinction between choice of jurisdiction and choice of law. These are all sustained by various case law. Chapter 4 examines the particular aspects of the contract under the Rome Convention and the Regulation, while Chapter 5 focuses on the law applicable to specific contracts. Chapter 6 deals with the law applicable to non-contractual obligations. After that the various solutions are examined, the Proposed Rome 11 Regulation is considered. The effect of this proposal on the Maltese situation is also emphasised. The principal object of this thesis is to discuss the applicable law of contractual and non-contractual obligations as found in the Proposed Regulations and to determine how these will affect Maltese PIL.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar/handle/123456789/65204
Appears in Collections:Dissertations - FacLaw - 1958-2009

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