Malta: Civil Law

Malta's 2026 reforms replace the traditional guardianship framework with a modern system of personal autonomy safeguards and support persons. How does this legislative transformation balance the protection of vulnerable adults with respect for individual autonomy, and what mechanisms ensure that support arrangements remain proportionate to each person's circumstances?

Maltese legal practice employs three distinct instruments—legal letters, judicial letters, and sworn judicial letters under Article 166A—each serving different purposes and producing different legal effects. Understanding when to use each instrument requires careful assessment of the claim's nature, value, and whether formal court proceedings or executive enforcement is necessary. The choice between these tools can determine whether a creditor obtains an executive title without litigation or mus

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.

Maltese civil procedural law enables summary proceedings which allow for the swift judgment of applications filed before the Courts of Malta.

In a recent judgment delivered on 3 October 2025, the First Hall Civil Court (the "FHCC") presided by Madame Justice Audrey Demicoli examined what makes a contract invalid due to error or fraud.

Fair Trials are the only ways to safeguard and prevent any miscarriages of justice. Every person that is accused of a criminal offence should have their guilt or otherwise determined by a fair and effective legal process.

Under the Maltese Civil Code, damages may be awarded for either tortious liability or contractual liability.

Reference to Artificial Intelligence ('AI') is likely to bring to mind dystopian pictures of a robot apocalypse as depicted in films such as iRobot or The Matrix or to spark debates ...

Some documents under Maltese law need to be expressed, on pain of nullity, in a public deed or a 'private writing', whilst in other cases it is sufficient if these documents are simply expressed 'in writing'.