By Aron Mifsud-Bonnici General principles of law can be found in all legal systems. Their function is clearly to assist where written sources of law have failed to provide an answer, since the latter can hardly cover all questions which come before the Courts. The development of general principles has, within the Member States of…
DetailsThere is a fundamental difference between a commercial contract and the contract from which a marriage originates since the latter creates a state of fact which affects both the parties themselves and the society to which they belong in general. The consensual union of husband and wife is one common factor of every marriage. Nevertheless,…
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By Dr. Aron Mifsud-Bonnici Consideration, or “causa”, is one of the essential internal elements required by all contracts together with capacity, consent and object. The requirement of this element for a valid contract was the subject of great disquisitions but since section 987 expressly requires this element lest the contract be without effect, the controversy…
DetailsBy Aron Mifsud-Bonnici The aim of international law is to monitor the behaviour between states since where there exists a community of states, the maintaining of law and order becomes essential. A state will, as a general rule, do its utmost to act within the confines of the framework of rules which make up international…
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