Год выпуска: 2013 Автор: Diana Bajada Издательство: LAP Lambert Academic Publishing Страниц: 232 ISBN: 9783659501883
Описание
This book provides an inquiry into the concept of abuse of rights as understood under civil law, common law and mixed jurisdictions, giving a comparative view which yields identifiable sources and general elements which make up the notion. Relevant legislative texts dealing with the notion bring forth the accepted standards. An analysis of court judgments, nonetheless, exposes also other trends. A study of Maltese jurisprudence, keeping also in mind the comparative perspective, determines whether elements identified as emanating from the notion are mere characteristics, or whether they are requisites without which the defendant cannot be held liable for tort. The French system appears to remain the central model by which jurisdictions continue to be inspired. This study brings out whether Maltese judges have, notwithstanding the influx of a common law mentality, remained true to the original source. A comparative analysis exposes how Malta tends towards offering the most flexible and...
