Abuse of Rights in Maltese Jurisprudence. A Civil Law Concept within a Mixed Jurisdiction

      Аннотация: This book provides an inquiry into the concept of abuse of rights as understood under civil law, common law and mixed jurisdictions, giving a comparative view which yields identifiable sources and general elements which make up the notion. Relevant legislative texts dealing with the notion bring forth the accepted standards. An analysis of court judgments, nonetheless, exposes also other trends. A study of Maltese jurisprudence, keeping also in mind the comparative perspective, determines whether elements identified as emanating from the notion are mere characteristics, or whether they are requisites without which the defendant cannot be held liable for tort. The French system appears to remain the central model by which jurisdictions continue to be inspired. This study brings out whether Maltese judges have, notwithstanding the influx of a common law mentality, remained true to the original source. A comparative analysis exposes how Malta tends towards offering the most flexible and all-encompassing approach, this by employing its rationale of a mixed jurisdiction, typified by its customary blending of the civil and the common law.

Ключевые слова: Abuse of Rights, Abus de Droit, Tort Law, Mixed Jurisdiction, Civil Law, Common law, Maltese Jurisprudence, Maltese law, Comparative Law