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Abuse of Rights in Maltese Jurisprudence

Abuse of Rights in Maltese Jurisprudence

 

Marketed By :  LAP LAMBERT Academic Publishing   Sold By :  Kamal Books International  
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  • Product Description
 

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.

Product Specifications
SKU :COC67514
Country of ManufactureIndia
Product BrandLAP LAMBERT Academic Publishing
Product Packaging InfoBox
In The Box1 Piece
Product First Available On ClickOnCare.com2015-07-08
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