Civil Law POAs: Mandators cannot escape liability if they cannot read Maltese or English A person who accepts another as their mandatory through a power of attorney agreement cannot escape liability by stating that they were not aware of…MMA EditorSeptember 20, 2019
Civil LawProcedural Law A right not falling precisely within original claim may be decided upon by Courts The First Court concluded that when a claim is made which does not exceed the Court’s competence, it would be fairer to decide on the…MMA EditorJuly 26, 2019
Civil Law Disability caused by medical procedures places onus of proof on professional While the plaintiff must prove the link between the medical accident and the disability caused, it is up to the doctor to then prove that…MMA EditorJuly 13, 2019
Civil Law Pensioners can be awarded damages for permanent disability Notwithstanding that a person is 83 years old, she is still entitled to damages for permanent disability caused and the court may carry out the…MMA EditorJune 28, 2019
Civil LawProperty Law Co-owners may be given the keys of the common property The First Hall of the Civil Courts held that all co-owners have a right to the key of common owned property, even though it may…MMA EditorJune 14, 2019
Civil Law Agricultural lease is terminated due to illegal construction The defendants filed a statement of defence and in it they claimed that the land was used according to how they agreed and with the…MMA EditorJune 8, 2019
Civil LawProperty Law Legatee must request the release of the property from the heirs in solidum Legatees must file for court actoin against all heirs including those objecting to the legatee being admitted into possession of the property. The First Hall…Marthese HiliMay 31, 2019
Civil Law If you broke your leg 50 years ago, tell your medical insurance provider The court said it could not impose upon the insurance company to renew a policy, as it is not a right that the plaintiff can…MMA EditorMay 24, 2019
Civil LawCommercial LawCompany Law Agreement deemed not fraudulent in view of solvency of debtor The element of consilium fraudis is satisfied if it is proven that the act in question prejudiced the rights of the creditors.MMA EditorMarch 22, 2019
Civil Law Judicial letters must be addressed to corporate structures with judicial personalities Judicial letters may be addressed to corporate structures, however, these must have a judicial personalityMMA EditorMarch 8, 2019