Readers are asked to inquire why to opt to set up a trust and
why to govern the same by Maltese law. The Maltese private law
regime is essentially based on the civil law approach, having its
roots in the Napoleonic Code, with sparse influences from the
common law system, the latter being more profuse in the commercial
legislation. Indeed, prior to the adoption of trusts via the 2004
Maltese Trusts and Trustees Act, trusts were considered as anathema
to the civil law nature of the Maltese legal system, with issues,
such as the split ownership question (the distinction between
equitable and legal ownership characteristic of UK trusts) raising
serious concern, in a milieu whereby ownership was largely
construed in an absolutist and unitary manner. In many ways, this
reminisces the resistance that other jurisdictions such as Italy
and France have made to the adoption of local trust legislation.
This, and other kindred considerations, were concluded when the
Trusts and
