/library/oar/handle/123456789/38789 2026-06-20T23:07:11Z 2026-06-20T23:07:11Z /library/oar/handle/123456789/29472 2018-04-24T08:39:00Z 2017-01-01T00:00:00Z

Title: Disgorgement of profit : a potential remedy for tort victims under Maltese law on damages? Abstract: Undoubtedly, the term ‘disgorgement of profit’ is not widely known. Even in those jurisdictions where the remedy, or something similar, has become available, it is often referred to through other, often confusing, names. The remedy of disgorgement of profit seeks to strip a wrongdoer of the profits that one earns from committing a wrong. While it could, theoretically, be made available in various areas of private law, this thesis examines whether a general remedy could be introduced for breaches of tort law. In order to do this, the thesis starts by examining the remedy of disgorgement of profit and proceeds to examining the concept of tort. It had to be determined whether the concept of tort itself excludes, a priori, the remedy of disgorgement of profit. This does not seem to be the case. The thesis goes on to justify, mainly by reference to the theory of corrective justice, that the profits that are stripped from the defendant should be awarded to the plaintiff, thus allowing the Court to order a disgorgement of profit as a remedy for tort. In chapter 3, an analysis is provided of the approach to disgorgement of profit taken by jurisdictions from the Common Law, Civil Law, and Mixed Legal Systems. All the jurisdictions approach the concept differently, but none of them provides a general remedy under the general rules of tort. Following this, an examination of disgorgement of profit as applied in Malta is provided. While the term may be unknown, the remedy has been made available in specific pieces of legislation, especially those relating to intellectual property. This analysis leads to the conclusion that the remedy could be introduced through a proviso to Article 1045 of the Civil Code, thus giving the plaintiff the right to demand a disgorgement of profit where appropriate. Description: LL.D.

2017-01-01T00:00:00Z /library/oar/handle/123456789/29418 2019-01-21T14:01:52Z 2017-01-01T00:00:00Z

Title: Harmonizing guardianship with interdiction and incapacitation Abstract: Last September (2016), the fourth World Congress put together a questionnaire tackling adult guardianship. Several countries, including Malta, participated in this survey. The person who tackled such questions on Malta’s behalf was Professor Joseph Cacciottolo – a member of the Guardianship Board. This survey comprised of a number of questions addressing the formalities surrounding legislation which contributes to legal capacity. This questionnaire establishes that currently, in Malta, we have a system which simultaneously applies three statuses, as evident in one of the questions: 2. What are the types of formal measures that exist to support people with disabilities in exercising their legal capacity? (Especially private mandates or legal representatives appointed by a court/authority) Three formal measures exist: A. Interdiction and B. Incapacitation: both are the remit of the Law Courts. C. Guardianship: this is the remit of the national Guardianship Board as appointed by the President of Malta on the advice of a specific Parliamentary Committee. Three statuses currently govern our legal system in terms of lack of capacity -The author will be assessing guardianship’s role so far as well as where it stands currently with interdiction and incapacitation is there a hierarchy?.For purpose of this analysis,the author enlisted,Marylin Spiteri-Guardianship Board ,Dr Ann Marie Mangion and Also The Hon Justyne Caruana ,in order to acquire a better perspective of the current situation.Chapter 1 is an introductory chapter which will focus on guardianship and other legislation dealing with capacity,disability and vaulnerable persons,Chapter 2 will close in on interdiction incapacitation and guardianship,Chapter 3 Is a brief comparative analysis regarding capacity in EU member states and lastly Chapter 4 will look into the effectivity of guardianship law. Description: LL.B

2017-01-01T00:00:00Z /library/oar/handle/123456789/29408 2019-01-21T14:48:34Z 2017-01-01T00:00:00Z

Title: The right to know one’s origins : a study in light of genetic material donation Abstract: The right to know one’s origins is a topic to be treated with utmost sensitivity as it concerns the individual even prior to conception. Indeed, individuals who were not granted this right at birth grew up to feel prejudiced in various ways. Among the individuals who want to enforce this right are donor-conceived offspring. Albeit a rarity in the past, possibly due to secrecy, the number of donor-conceived children voicing their opinions about their rights is on the increase. The process of assisted reproduction via genetic material donation requires three parties; the intended parents, the donor and the resulting offspring. Being all humans, each have their own interests but unfortunately, the interests of the child were pushed aside since the very beginning. As a result, the right to know one’s origins only emerged when the offspring became adults themselves. Due to the protection of donor anonymity, they embark on a journey to enforce the right to know their origins in their respective countries to be able to obtain information about their genetic makeup. The right to know one’s origins takes on a vast definition as it includes various aspects; biological parents’ identity, family relationships, medical history, self-identity and so on. Therefore, when this right is not granted, the concerned individual loses more than one would think. Description: LL.B

2017-01-01T00:00:00Z /library/oar/handle/123456789/29404 2019-01-21T15:04:27Z 2017-01-01T00:00:00Z

Title: Damages for the wrongful death of a foetus : is such action viable under Maltese Tort Law? Abstract: This research will be dealing with damages in case of wrongful death of a foetus arising out of an unjust act either through dolus or through culpa and whether such action would be viable under Maltese law. It will mainly analyse why damages for the death of a foetus should be awarded under Maltese law withstanding whether it would be feasible for the Maltese Legislator to allow for such damages to be awarded. Currently Maltese Law does not cater for any provisions in the law which deal specifically with such matter. Maltese Legislation under the Law of Tort makes use of the word ‘person’ which brings about the debatable argument whether a foetus could possibly constitute a person or not. From this point of view, this research will shift attention to a philosophical argument , as to whether a foetus is to be considered as a person and if it is, when is it to be considered so. This study will hopefully bring this matter into the light for further contribution and perspective, so maybe necessary measures will be taken in the right direction towards a clearer legislation on the damages for the wrongful death of a foetus. There are several to and fro arguments regarding this subject, however it has never come to a concrete conclusion, and for the most part it has been disregarded and left up to the discretion of the Judges. Description: LL.B

2017-01-01T00:00:00Z