Commercial Law When a warrant does not rest on an executive title it can be executed any time and without prior Court authorisation Where an executive warrant does not rest on an executive title, such as in the case of an executive warrant after a judicial sale by…MMA EditorFebruary 28, 2020
Commercial Law Bills of Exchange will not be enforced if they are a result of usury If the Court establishes that a bill of exchange has an element of usury, then it is empowered not to render it enforceable.MMA EditorOctober 25, 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
Commercial Law A bank guarantee is an autonomous obligation A bank guarantee is intended to allow comfort for the bank to be paid for a service given. This was held in a court judgement…MMA EditorJune 5, 2018
Commercial LawProcedural Law An agreement for payment of debt contradicts claim for non-execution of bill of exchange due to grave circumstances The action was instituted following a judicial letter which George Spiteri filed against the Club and Micallef to pay five bills of exchangeMMA EditorApril 13, 2018
Civil LawCommercial Law A hint of acceptance of a debt interrupts prescription In their application V&C held that it is owed €49996.15 by Tlata Limited, which is a balance of a current account between the two companies…MMA EditorFebruary 2, 2018
Commercial Law An agreement must be kept, come what may The Court of Appeal, presided by Mr Justice Anthony Ellul, ruled that an agreement of payment should be honoured, even if the services rendered were…MMA EditorOctober 6, 2017
Civil LawCommercial LawCompany Law Documentary evidence must be produced It is not sufficient for a witness to simply testify on a document if it is not produced in court. This was held by the…Marthese HiliJune 2, 2017
Civil LawCommercial Law When buyer discovers defect, he must take legal action within six months The Magistrates Court upheld a plea of prescription because the buyer of a car found out the defect well before the action was instituted. This…MMA EditorAugust 25, 2016
Commercial Law Judgements should be a final decision A Court in a judgment delivered on 15th July, 2016, agreed with the judgment of the Court of Magistrates delivered on 18th June, 2014, in…MMA EditorAugust 19, 2016