233 results found

The actio surrogatoria, codified in Article 1143 of Malta's Civil Code, allows creditors to exercise rights belonging to their debtors when those debtors fail to act. A recent Court of Magistrates judgment examines the essential elements required for this action, including whether the principal debtor must be joined as a party to proceedings, and establishes six key requirements that creditors must satisfy to successfully pursue claims on behalf of their debtors.

The Maltese Court of Appeal has delivered a significant judgment addressing the scope of shipper liability under bills of lading, the interpretation of the term "Merchant" in shipping contracts...

The FASB and IASB have issued their long-awaited standard on revenue recognition, IFRS 15 Revenue from Contracts with Customers.

Malta is on the cusp of a significant judicial reform with the publication of Bill No.133, entitled "Various Laws relating to the Establishment and Jurisdiction of the Commercial Court (Amendment) Act, 2025"...

The Private Residential Leases Act came into force on 1st January 2020. The principal purpose of this act is to ensure standards of fairness, clarity and predictability in contractual relations

Malta has reintroduced a dedicated Commercial Court through Act No. IV of 2026, building on Bill 133 of 2025. This reform separates complex commercial disputes from the general civil courts...

On 16 December 2025, selected provisions of the Companies (Amendment) Act, 2025 (Act XVIII of 2025) (the "Amendment Act") were brought into force by virtue of Legal Notice 286 of 2025 (Government Gazette No. 21,556)...

The European Union has proposed a comprehensive Public Procurement Act that would consolidate over fifty scattered provisions into a single Regulation, fundamentally transforming how public contracts are awarded across Member States. This reform introduces flexible procurement procedures, digital marketplace integration, and a mandatory emphasis on quality over price, while implementing new security requirements and reducing barriers for SMEs. With public procurement representing 15% of EU GDP, these change

Maltese law creates a complex framework for determining intellectual property ownership when employees develop creative works outside standard working hours. The analysis extends beyond simple distinctions between work time and personal time, examining contractual duties, resource usage, and the relationship between creations and employer business activities. Even when employees successfully establish independent ownership, significant legal constraints may still apply where confidential information or trad

The EU AI Act adopts a risk-based approach, meaning applicability is not determined by company size, but by what the system does and how it is used. A recurring misconception among founders...

On 12 March 2020, the CJEU published an opinion of Advocate General Sharpston on KH v Sparkasse Südholstein concerning the application of the Distance Marketing Directive (Directive 2002/65/EC) ...

On the 11th July 2025, Act XVIII of 2025 (the "Act") was promulgated, which introduced several amendments to the Companies Act (Chapter 386 of the laws of Malta) (the "Companies Act")...

In the case Aretrop Limited (C49725) (the "Claimant Company") vs Foundation for Tomorrow's Schools (the "Foundation") & the Hon. Dr. Justyne Caruana in her capacity as Education Minister (the "Hon. Minister")...

On 11 March 2020, the outbreak of the novel coronavirus, COVID-19 has been declared by the Director-General of the World Health Organisation to be a pandemic in view of its global spread and severity.

Startups often treat GDPR as a cost centre, however the market increasingly treats it as a signal of maturity. The principle of accountability under the GDPR requires controllers to be “responsible...

This is the first immovable property acquired inter vivos by such person as evidenced thereby and declared to the notary in writing.

The practical stakes were considerable. If Rome II applied, Article 4(1) would designate the law of the place where the damage occurred — which, for online gambling losses, would normally be the habitual residence of the consumer.