Malta [European tort law 2014]

Abstract

As part of the process to update the laws relating to criminal matters, Act IV of 2014 was enacted on 18 March 2014. The provision which is of relevance to civil tort law is that of art 37 of the Act, which substitutes art 81 of the Police Act (Chapter 164 of the Laws of Malta) and limits the scope of arts 1049, 1050 and 1051A of the Civil Code. Article 1049 of the Civil Code provides that where two or more persons maliciously cause damage, their liability for the damage caused is joint and several. The same joint liability applies also, under art 1050, where the tortfeasors did not act maliciously but the part of the damage which each has caused cannot be ascertained. Persons who commit or authorise an act of 'corruption''. or who fail to take reasonable steps to prevent an act of corruption are also, under art 1051A, jointly and severally liable for damages which result therefrom. [Excerpt]