PER: Potchefstroomse Elektroniese Regsblad
On-line version ISSN 1727-3781
ANDO, B. The mélange of innovation and tradition in Maltese law: the essence of the Maltese mix?. PER [online]. 2012, vol.15, n.3, pp. 69-97. ISSN 1727-3781.
Aim of this paper is to provide valuable insights into the Maltese legal system with a special focus on private law. The assumption is that this legal system is the by-product of the "mixing" of innovation and tradition, resulting from the interaction of English law and continental law. A major role in the development of the system is played by courts. Some examples (moral damages and pre-contractual liability) are considered which highlight the importance of the function displayed by Maltese judges.
Keywords : Tradition; English law; continental law; hybridity; mixed legal systems; Maltese courts; moral damages; pre-contractual liability; lacunae.