Maltese laws on marriage from the point of view of private international law

There 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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The requirement of a lawful consideration in the law of obligations (section 987)

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…

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The Aim of Public International Law

By 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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