Force Majeure – When The Unpredictable Becomes Unstoppable

Force Majeure under Maltese Law

Maltese law tries to ensure that once obligations are contracted they are executed and performed. In doing so, the law provides for various measures on how a creditor may force the debtor to perform an obligation and in doing so, the court would effectively be changing that obligation of doing something into a money obligation; very often the court would authorize the creditor to perform the obligation himself at the expense of the debtor.

The secondary affect of an obligation is the liability for damages. If one does not perform the obligation or even delays in doing so, he will therefore be liable in damages. The creditor is able to sue either for the performance or for damages for the delay.