Law Archives - Malta University Press /mup/store/product-category/law/ Wed, 06 May 2026 06:53:43 +0000 en-US hourly 1 https://wordpress.org/?v=7.0 /mup/store/wp-content/uploads/2023/10/favicon1.ico Law Archives - Malta University Press /mup/store/product-category/law/ 32 32 The Insolvency Practitioner: Powers, Duties, Authorisation and Liabilities /mup/store/product/insolvency-practitioner-guide/ /mup/store/product/insolvency-practitioner-guide/#respond Wed, 06 May 2026 06:53:43 +0000 /mup/store/?post_type=product&p=11287 This book is the first comprehensive guide to the role, powers, responsibilities and liabilities of insolvency practitioners in Malta, examining in depth how they are appointed, supervised and held to account by the competent authority.  It is designed to be directly relevant to those studying and practising in related fields such as company and commercial law, as well as to professionals involved in corporate restructuring, bankruptcy and insolvency law.  The book highlights instructive similarities and differences with other EU jurisdiction and with the UK, enabling readers to place the Maltese corporate insolvency regime in its wider European and international context.

Written in a clear and engaging style, the book blends legal analysis, comparative insight and practical guidance.  For practitioners, it provides the tools needed to manage liability risks and meet supervisory expectations in Malta and beyond.  For students, it offers a rigorous yet accessible exploration of insolvency practice, grounding theoretical study in real-world professional challenges.  For policymakers and academics, it identifies emerging issues of artificial intelligence (AI) intelligence and anti-money-laundering (AML) enforcement, situating Malta’s framework within the wider European project of harmonisation and resilience.

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This book is the first comprehensive guide to the role, powers, responsibilities and liabilities of insolvency practitioners in Malta, examining in depth how they are appointed, supervised and held to account by the competent authority.  It is designed to be directly relevant to those studying and practising in related fields such as company and commercial law, as well as to professionals involved in corporate restructuring, bankruptcy and insolvency law.  The book highlights instructive similarities and differences with other EU jurisdiction and with the UK, enabling readers to place the Maltese corporate insolvency regime in its wider European and international context.

Written in a clear and engaging style, the book blends legal analysis, comparative insight and practical guidance.  For practitioners, it provides the tools needed to manage liability risks and meet supervisory expectations in Malta and beyond.  For students, it offers a rigorous yet accessible exploration of insolvency practice, grounding theoretical study in real-world professional challenges.  For policymakers and academics, it identifies emerging issues of artificial intelligence (AI) intelligence and anti-money-laundering (AML) enforcement, situating Malta’s framework within the wider European project of harmonisation and resilience.

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The Constitution of Malta and Rent Controls /mup/store/product/the-constitution-of-malta-and-rent-controls/ /mup/store/product/the-constitution-of-malta-and-rent-controls/#respond Mon, 23 Feb 2026 07:35:07 +0000 /mup/store/?post_type=product&p=11182 For over fifteen years, Malta stood out in Europe as the country most persistently condemned by the European Court of Human Rights (ECtHR) for violating landlords’ property rights under its rigid rent control regime. Despite repeated judgments, the Maltese Constitutional Court was slow to respond, often weighing broader social considerations, such as the protection of sitting tenants and the State’s financial stability, alongside constitutional reasoning, a cautious approach that nevertheless drew criticism from the ECtHR. This book traces how Malta moved gradually and under sustained international pressure from reluctance and delay towards closer compliance with Strasbourg’s standards. It examines why the Constitutional Court proceeded cautiously, how this approach nonetheless prolonged injustice and what this experience reveals about the inherent challenges of constitutional interpretation in Malta.
Far more than a narrow study of rent control, this work offers a window into the limits of constitutional justice when courts seek to balance legal principle with political and social realities. Finally, it asks whether Malta’s constitutional framework as it stands is fit for purpose and whether a stronger culture of rights protection is required.

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For over fifteen years, Malta stood out in Europe as the country most persistently condemned by the European Court of Human Rights (ECtHR) for violating landlords’ property rights under its rigid rent control regime. Despite repeated judgments, the Maltese Constitutional Court was slow to respond, often weighing broader social considerations, such as the protection of sitting tenants and the State’s financial stability, alongside constitutional reasoning, a cautious approach that nevertheless drew criticism from the ECtHR. This book traces how Malta moved gradually and under sustained international pressure from reluctance and delay towards closer compliance with Strasbourg’s standards. It examines why the Constitutional Court proceeded cautiously, how this approach nonetheless prolonged
injustice and what this experience reveals about the inherent challenges of constitutional interpretation in Malta.
Far more than a narrow study of rent control, this work offers a window into the limits of constitutional justice when courts seek to balance legal principle with political and social realities. Finally, it asks whether Malta’s constitutional framework as it stands is fit for purpose and whether a stronger culture of rights protection is required.

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Criminal Law: General Principles /mup/store/product/criminal-law-general-principles/ /mup/store/product/criminal-law-general-principles/#respond Tue, 07 Jan 2025 07:04:24 +0000 /mup/store/?post_type=product&p=10731 This book meticulously explores the general principles of Maltese criminal law. It delves into the distinction between crimes and contraventions, vicarious liability, criminal corporate liability, and various defences such as justification, the notion of excuse, insanity, and intoxication. Additionally, it provides comprehensive coverage of punishment, recidivism, extradition, and European arrest warrants. This essential resource not only clarifies complex legal concepts but also offers invaluable insights for practitioners, scholars, and students of criminal law in Malta. An indispensable addition to any legal library, it bridges critical gaps in understanding and application of the law.

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This book meticulously explores the general principles of Maltese criminal law. It delves into the distinction between crimes and contraventions, vicarious liability, criminal corporate liability, and various defences such as justification, the notion of excuse, insanity, and intoxication. Additionally, it provides comprehensive coverage of punishment, recidivism, extradition, and European arrest warrants. This essential resource not only clarifies complex legal concepts but also offers invaluable insights for practitioners, scholars, and students of criminal law in Malta. An indispensable addition to any legal library, it bridges critical gaps in understanding and application of the law.

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Criminal Law: Substantive Offences – Theft, Fraud, Computer Misuse, Homicide & Bodily Harm /mup/store/product/criminal-law-substantive-offences-theft-fraud-computer-misuse-homicide-bodily-harm/ /mup/store/product/criminal-law-substantive-offences-theft-fraud-computer-misuse-homicide-bodily-harm/#respond Tue, 07 Jan 2025 07:01:19 +0000 /mup/store/?post_type=product&p=10733 This book explores a number of key substantive criminal offences in Maltese criminal law. It provides an in-depth analysis of crimes including theft, fraud, computer misuse, homicide, and bodily harm. It offers detailed discussions of fundamental legal principles and case studies, making it an invaluable resource for understanding how these offences are addressed within the Maltese legal system. Perfect for legal practitioners, scholars, and students alike, this authoritative guide enriches your knowledge and bridges critical gaps in criminal law.

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This book explores a number of key substantive criminal offences in Maltese criminal law. It provides an in-depth analysis of crimes including theft, fraud, computer misuse, homicide, and bodily harm. It offers detailed discussions of fundamental legal principles and case studies, making it an invaluable resource for understanding how these offences are addressed within the Maltese legal system. Perfect for legal practitioners, scholars, and students alike, this authoritative guide enriches your knowledge and bridges critical gaps in criminal law.

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Criminal Law: Law of Evidence /mup/store/product/criminal-law-law-of-evidence/ /mup/store/product/criminal-law-law-of-evidence/#respond Wed, 16 Oct 2024 11:55:08 +0000 /mup/store/?post_type=product&p=10553 This Handbook is a comprehensive guide elucidating the complexities of evidentiary principles. This indispensable resource delves into the legal principles governing witness examination and cross-examination, expert witnesses as well as exploring the admissibility, competence, and compellability of witnesses. From dissecting the relevance and admissibility of evidence to unravelling the rules governing document admissibility, this Handbook provides a thorough understanding of the legal principles.
Explore the intricate facets of hearsay evidence, confessions, and the significance of audio-visual recordings in legal proceedings. Delve into the principles of chain of custody of evidence, burden of proof, and other pivotal concepts essential to understanding the foundations of the law of evidence. Whether you are a student, practitioner, or legal enthusiast, this Handbook equips you with the knowledge needed to navigate the intricate tapestry of law of evidence in criminal proceedings.

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This Handbook is a comprehensive guide elucidating the complexities of evidentiary principles. This indispensable resource delves into the legal principles governing witness examination and cross-examination, expert witnesses as well as exploring the admissibility, competence, and compellability of witnesses. From dissecting the relevance and admissibility of evidence to unravelling the rules governing document admissibility, this Handbook provides a thorough understanding of the legal principles.
Explore the intricate facets of hearsay evidence, confessions, and the significance of audio-visual recordings in legal proceedings. Delve into the principles of chain of custody of evidence, burden of proof, and other pivotal concepts essential to understanding the foundations of the law of evidence. Whether you are a student, practitioner, or legal enthusiast, this Handbook equips you with the knowledge needed to navigate the intricate tapestry of law of evidence in criminal proceedings.

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Criminal Law: Police Powers, Criminal Investigations, Magisterial Inquiries & Freezing Orders /mup/store/product/criminal-law-police-powers-investigations/ /mup/store/product/criminal-law-police-powers-investigations/#respond Wed, 16 Oct 2024 07:38:52 +0000 /mup/store/?post_type=product&p=10551 This Criminal Law Handbook is an aid to navigating the intricate terrain of police powers and criminal investigations.  It deals with arrest and search procedures as well as individual rights within the realm of criminal law. This essential guide illuminates critical subjects such as suspect rights, habeas corpus, arrest, detention, taking of intimate and non-intimate samples, interrogation methods, and freezing orders. It also deals with more complex specialised investigative tools such as monitoring and supervision orders, touching upon European Investigation Orders and European Evidence Warrants.
This handbook provides clear and concise explanations, making complex legal concepts accessible and engaging. Whether you are a budding legal scholar, legal professional or anyone keen on understanding the foundations of criminal law, this Handbook equips you with the knowledge and insights needed to grasp the intricacies of the legal system.

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This Criminal Law Handbook is an aid to navigating the intricate terrain of police powers and criminal investigations.  It deals with arrest and search procedures as well as individual rights within the realm of criminal law. This essential guide illuminates critical subjects such as suspect rights, habeas corpus, arrest, detention, taking of intimate and non-intimate samples, interrogation methods, and freezing orders. It also deals with more complex specialised investigative tools such as monitoring and supervision orders, touching upon European Investigation Orders and European Evidence Warrants.
This handbook provides clear and concise explanations, making complex legal concepts accessible and engaging. Whether you are a budding legal scholar, legal professional or anyone keen on understanding the foundations of criminal law, this Handbook equips you with the knowledge and insights needed to grasp the intricacies of the legal system.

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The ‘Duty of Care’ in Maltese Court Judgments: Adding Value or just a Cliché /mup/store/product/the-duty-of-care-in-maltese-court-judgments-adding-value-or-just-a-cliche/ /mup/store/product/the-duty-of-care-in-maltese-court-judgments-adding-value-or-just-a-cliche/#respond Wed, 21 Aug 2024 10:31:12 +0000 /mup/store/?post_type=product&p=10516 In recent years, the Maltese Courts have referred to the Duty of Care doctrine with increasing regularity in their civil, criminal and commercial judgments, leading the Author to examine the legal basis of this doctrine, and to inquire into whether or not it has had a meaningful impact on the Maltese legal scene.

The Author has succeeded in producing a comprehensive and authoritative treatise on a doctrine which has attracted considerable judicial attention.
- Judge Professor David Joseph Attard, Chancellor of the University of Malta

An innovative and pioneering work
- Professor Kevin Aquilina, former Dean of the Faculty of Laws, University of Malta

This is a fantastic book
- Dr John Stanton, Senior Lecturer, City, University of London

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In recent years, the Maltese Courts have referred to the Duty of Care doctrine with increasing regularity in their civil, criminal and commercial judgments, leading the Author to examine the legal basis of this doctrine, and to inquire into whether or not it has had a meaningful impact on the Maltese legal scene.

The Author has succeeded in producing a comprehensive and authoritative treatise on a doctrine which has attracted considerable judicial attention.
– Judge Professor David Joseph Attard, Chancellor of the University of Malta

An innovative and pioneering work
– Professor Kevin Aquilina, former Dean of the Faculty of Laws, University of Malta

This is a fantastic book
– Dr John Stanton, Senior Lecturer, City, University of London

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Migration and Asylum in Malta and the European Union: Rights and Realities /mup/store/product/migration-and-asylum-in-malta-and-the-european-union-rights-and-realities/ /mup/store/product/migration-and-asylum-in-malta-and-the-european-union-rights-and-realities/#respond Tue, 20 Dec 2022 15:42:14 +0000 /mup/store/product/migration-and-asylum-in-malta-and-the-european-union-rights-and-realities/ The post Migration and Asylum in Malta and the European Union: Rights and Realities appeared first on Malta University Press.

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Principles of Company Law /mup/store/product/principles-of-company-law/ /mup/store/product/principles-of-company-law/#respond Tue, 20 Dec 2022 15:42:14 +0000 /mup/store/product/principles-of-company-law/ This volume, made up of three books, provides a splendid window into the various theoretical aspects of company law, as well as into many issues of a practical nature – clear testimony on the fact that Professor Andrew Muscat has himself practised in this field for many years, and is effortlessly capable of bringing those […]

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This volume, made up of three books, provides a splendid window into the various theoretical aspects of company law, as well as into many issues of a practical nature – clear testimony on the fact that Professor Andrew Muscat has himself practised in this field for many years, and is effortlessly capable of bringing those years of experience to bear on every facet of a company law issue and when it arises.

More about this publication

This second edition has been extensively revised and updated. Aiming to demystify company law for today’s practitioners and students, this comprehensive and authoritative treatise offers an in-depth account of the fundamental principles of the subject. The book blends theory with practice, and is the end product of extensive academic research conducted in this field of law combined with the author’s years of experience as a corporate lawyer.

The work focuses on the main principles of Maltese company law. Where appropriate, however, an effort has been made to discuss Maltese company law in the context both of English company law (which has exerted considerable influence on Maltese company law for practically five decades) and of European Community law (which is today a key source that will inevitably determine much of the future evolution of Maltese company law). The analysis, developed in a readable and stimulating fashion, shows that company law cannot be compartmentalized into clear-cut topics that can be studied in isolation.

In the foreword to the first edition, Professor Ian Refalo, refers to the book as ‘a work of outstanding quality and one which significantly enriches the scholarly literature on Maltese law’. In this new updated edition, Dr David Fabri, Head of the Department of Commercial Law at the University of Malta, in his foreword states that, “We desperately needed a proper competently authored textbook for the benefit of law students and legal practitioners, academics, as well of members of other professions such as accountants and auditors, company secretaries, compliance officers and, of course, directors. A copy should therefore find itself in all their libraries”.

The author lectures on Company and Insolvency Law at the University of Malta and is a partner at Mamo TCV Advocates.

Volumes will not be sold individually.

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Health, Bioethics and the Law /mup/store/product/health-bioethics-and-the-law/ /mup/store/product/health-bioethics-and-the-law/#respond Tue, 20 Dec 2022 15:42:04 +0000 /mup/store/product/health-bioethics-and-the-law/ The aim of this book is to discuss the various aspects of Maltese legislation that relate to bioethical issues. The approach has been to introduce the bioethical issue in question, then to review Maltese legislation that has any bearing on the topic. This is followed by aspects of relevant international and European legislation relating to the topic, emphasizing those which have been adhered to by Malta or have been incorporated within Maltese law.

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The aim of this book is to discuss the various aspects of Maltese legislation that relate to bioethical issues. The approach has been to introduce the bioethical issue in question, then to review Maltese legislation that has any bearing on the topic. This is followed by aspects of relevant international and European legislation relating to the topic, emphasizing those which have been adhered to by Malta or have been incorporated within Maltese law.

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