The law tries to strike a balance between the rights and obligations of the surety, the debtor and the creditor, ensuring that the latter gets paid whilst the surety does not suffer an excessive burden. There are various pleas which the surety may make use of to defend his rights in front of the creditor, …
Suretyship is a personal guarantee, whereby the creditor may require the debtor to provide a guarantor in order to reduce the risk of non-payment. Through article 1925 of the Civil Code, it is evident that the principal characteristic of this contract is its accessory nature, whereby “… a person binds himself towards the creditor to …
Every Maltese citizen has the right to change the gender and name given to reflect that person’s self-determined gender identity. This right emanates from Chapter 540 of the Laws of Malta; ‘Gender Identity, Gender Expression, and Sex Characteristics Act’. The recorded gender and first name can be changed through a request, sent to the Director …
Article 1554 of the Civil Code, Chapter 16 of the Laws of Malta, illustrates the obligations of the lessee, who is bound; (a) to make use of the thing let to him as a bonus paterfamilias, and for the purpose stated in the contract, or, in the absence of any agreement to that effect, for …
Pre-1995 leases have always been a subject of heated controversy since these provided an advantage to the lessee, who was granted extensive protection by the Reletting of Urban Property (Regulation) Ordinance (hereinafter to be referred to as “Chapter 69”). Article 3 of this Ordinance provides that; “It shall not be lawful for the lessor of …
Every parent or guardian who is entrusted with their child, has the responsibility to protect and take care of the minor. In addition, they also have the obligation to maintain, instruct and educate the children as provided by article 3B found in the Civil Code. Our law also caters for a criminal action in case …
All individuals are entitled to receive healthcare. Article 27 of Chapter 528, Health Act, provides for all the rights that patients are entitled to. The right to consent or refuse medical attention care and treatment is given to any person who has attained the age of 18 years, however the Act also provides that persons …
