/library/oar/handle/123456789/15203 2025-11-05T11:09:27Z 2025-11-05T11:09:27Z /library/oar/handle/123456789/130338 2025-01-09T05:49:55Z 2008-01-01T00:00:00Z

Title: Trusts : an emerging aspect in notarial law Abstract: When Trust law was introduced in our law in 2004, various laws had to he amended so that this Common Law concept would not exist in conflict with our Civil Law system. In fact most laws relating to the notarial profession have heen changed or else new provisions introduced to establish the procedures a notary should follow when setting up a trust or whenever the notary is entrusted with the publication of a trust deed. Throughout my research many questions remained unanswered since the law is relatively new in Malta and only by time and practice will certain issues be resolved. I started my thesis by depicting the way the notarial profession started with a particular focus in Malta and also the way Trust Law emerged and how it was introduced under our law. l then sought to find the way both could be combined, which is the aim of my thesis. The first chapter examines trusts and testamentary law. I went through the requirements of wills and then discussed the way testamentary trusts can be utilised, in particular the type of trusts suitable for wills. I also discussed the offices of testamentary trustee and testamentary executor. The second chapter deals with the way the notary can set up a trust and under which circumstances it would be ideal to set up one. The law still stops short at discussing some practical issues in lhe areas of drafting and matrimonial regimes. In the third chapter I also discussed declarations that are usually made by persons acquiring immovable property in their own name and whether these also apply to trustees. I also referred to mandatory provisions in the third chapter. The Trusts and Trustees Act dedicates a few articles to notaries that are worth examining in conjunction with other laws that were amended to avoid inconsistencies. Finally I dedicated the fifth chapter to fiscal matters, since the transfer of certain assets such as immovable property and securities still incur tax and are not exempt from it because of the institution of trust. Description: LL.D.

2008-01-01T00:00:00Z /library/oar/handle/123456789/130336 2025-01-09T05:48:34Z 1999-01-01T00:00:00Z

Title: Tobacco and the effects of smoking : a comparative study of foreign legislation and recent caselaw Abstract: This thesis is mainly a medico-legal analysis on whether governments are constitutionally justified in restricting a particular activity, that is smoking, with the objective of protecting Public Health. Hence, (after a brief analysis of the medical aspect in the first chapter), there will be a list in chapter two of the several governmental measures which were taken for this purpose. These measures include cigarette advertising bans, health warnings, control of harmful substances in tobacco, taxes, legislation on smoke free public places and workplaces and other measures aimed specifically at the protection of minors. These are measures that are then analysed in order to determine whether they are effective enough to justify the restrictions that they impose on the use of a Legal Product, that is cigarettes. Therefore we will enter in the constitutionality of these measures and on whether they breach any fundamental rights such as the freedom of expression of the tobacco industry and its consumers. This analysis will be made in chapter four after having discussed the civil and criminal aspect of this topic in chapter three. Regarding these judicial actions it is also important to take in consideration the various legal systems which vary from one state to the other. Hence, in the US, lawyers are entitled to a percentage of what the client recovers in court and all this is putting the tobacco industry in the US under pressure more than anywhere else. In the UK, there is no such system, hence there is less lobbying for the institution of such actions with the result that as it will be shown, an action against the tobacco industry in the UK has less probabilities of being successful. Description: LL.D.

1999-01-01T00:00:00Z /library/oar/handle/123456789/130335 2025-01-06T14:27:02Z 1998-01-01T00:00:00Z

Title: Maritime arbitration : a comparative analysis Abstract: The first part of this study aims at explaining the nature and the scope of arbitration as well as the benefits and advantages which this mechanism of dispute resolution may offer in both domestic as well as in the international sphere. Chapter One purports to give a brief explanation of the major characteristics of arbitration, its foundations and motivations. A comparative analysis is given in this part, of the values of arbitration over litigation and a general discussion of the process of arbitration is attempted. Moreover, a brief explication is given of the urgent need of legislation in this field of law. Chapter Two gives a concise delineation of the concept of arbitration in the international arena. Reference shall be made to the most important international vehicles which have been created to induce States to utilize this process in an attempt to conceive an international legislative framework which operates functionally when dealing with commercial international arbitration. Part Two deals with the evolution of the arbitration proce3ss within the realm of the United Kingdom. Chapter 3, in fact is essentially aimed at providing insights to what is considered to be the most sophisticated maritime arbitration centre of the world. The history of this concept as nurtured in this particular jurisdiction shall be given. Moreover, an epigrammatic examination shall be made of the truly innovative legislative device, namely the UK Arbitration Act of 1996 which has been attracted the admiration, and perhaps the envy of all other arbitration centers. Part Three of this study may be described as the examination of a potpourri of jurisdictions which have articulated and formulated a variety of rules when dealing with the process of arbitration. Chapter Four explores some the most important arbitration centres. Reference to the present position as well as the legislation of these jurisdictions shall be given and more importantly, a comparative study is attempted in order to assess the efforts and progression of jurisdictions which have a respectable arbitration reputation, like the United States, and others which are striving to attract attention with their brand-new laws, like Spain. The Maltese standpoint will be examined in detail with particular reference to the latest legislative endeavor in the sphere of arbitration. Particular regard shall be had in Chapter 5 to the progressive achievements winch have been long sought by our legislator to try and offer a comprehensive, internationally equipped network in the field of arbitration. As shall be seen the Maltese attempt in this field is geared towards the uniformity of the process with the international instruments being used as the main archetype. Description: LL.M.

1998-01-01T00:00:00Z /library/oar/handle/123456789/130299 2025-01-09T05:47:50Z 2009-01-01T00:00:00Z

Title: To what extent does scheduled property restrict the exclusive and absolute right of ownership? Abstract: The aim of this thesis is to probe into the absolute and exclusive right of ownership which a private individual possesses in respect to his property which in the light of inroads deriving from development schemes, environmental issues and legislation and also with revisited planning legislation have in some way or another tainted the exclusivity of this so called exclusive and absolute institute. The absolute character of this institute may be faced with barriers depriving its legitimate owner of disposing and using of his property freely due to the simple reason that the law might impose limitations either for its own reasons or in the interest of the public in general. This is clearly enunciated in Article 320 of the Civil Code which provides that no use thereof is made which is prohibited by law. Article 321 then goes on to say that '' .... except for a public purpose and upon payment of a fair compensation". Here the law seems to imply that a third party who may fairly be the Government or an autonomous Authority such as in this case the Malta Environment and Planning Authority impose limitations on the use one has over his property. Description: LL.D.

2009-01-01T00:00:00Z