Litigation Dispute Resolution Comparative Guide

1 Legal framework

1.1 What system of jurisprudence applies in your jurisdiction? What implications does this have for litigation?

The Maltese legal system embodies a fusion of different legal traditions. The backbone of Maltese law is founded on continental or civil law. The Civil Code was in fact originally modelled on the French Napoleonic Code. Nonetheless, as a result of British colonial rule, certain areas of Maltese law have been heavily influenced by the common law tradition. For instance, Maltese shipping laws and fiscal and corporate legislation largely mirror the British model. Likewise, administrative law and public law in Malta follow British tradition. The Maltese courts are often guided by, or refer to, English jurisprudence and jurists in relation to matters touching upon these areas.