Does The Recent Amendment Limit The Amount Of Moral Damages Granted By The Courts?

Under the Maltese Civil Code, damages may be awarded for either tortious liability or contractual liability. In respect to the former, an action for damages will aim to place the individual in the same position before the damage occurred, and in respect to the latter, the action may be brought to either enforce the contract, or to liquidate damages for failure to perform such contract.

Traditionally, when speaking of the granting of damages under tort law, it is only 'damnum emergens' and 'lucrum cessans' which are awarded. The former means damages for the actual loss suffered, and the latter may be defined as the loss of future earnings. A very significant amendment which came about in relation to tortious liability is through Act XIII of 2018. Prior to this amendment, it seemed that the injured party could obtain moral damages indirectly through 'lucrum cessans', as has occurred in the case of Victor Savona v. Dr Peter Asphar (02/04/1951). Following this Act,