Author: Mary Rose Micallef

The foundation of a healthy judicial system is ensuring that each person’s rights are protected. Apart from the institution of proceedings by Person A against Person B, which proceedings typically stretch over a number of years, there are other ways and means through which one’s rights and/or claims may be safeguarded. A crucial tool in this regard is the precautionary act. A precautionary act may exist in different forms, the most popular being the precautionary garnishee order (mandat ta’ sekwestru kawtelatorju). In a nutshell, a precautionary act is used when the creditor predicts a risk that the assets of the…

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The institute of contributory negligence features in tort law (in legal parlance ‘culpa aquiliana’) – the law of fault. This institute features mostly in cases involving road accidents. Contributory negligence essentially refers to the scenario where the injured party’s own conduct contributes to the damage that he has suffered. Strictly speaking, this kind of negligence is not exactly defined by our civil laws, but it is  implied through the general tort maxim that every person shall be liable for the damage which occurs through their fault (article 1031 of the Civil Code). Naturally, people expect to be compensated whenever they…

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What if the defendant does not answer to my claim or does not turn up in court? This is a common question that a potential plaintiff would query about before instituting a lawsuit. Perhaps the obvious thinking of such a party, who is not familiar with judicial proceedings, is that his case would be stalled because either the defendant decides not to answer his claims or because the defendant does not turn up in court. The lawsuit does not get stalled if the judicial acts (the lawsuit papers) are legally served upon the defendant. As a matter of fact, the…

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