The application of Article 280 of the Civil Code by the Court of Revision of Notarial Acts

Abstract

This professional report focuses on the birth of the children conceived form the partner other than the husband as per Article 280 of the Maltese Civil Code. What is the procedure that needs to be carried out in order for the birth of these children to be registered at the Malta or Gozo Public Registry? Chapter 1 is the introduction. It delves into the methodology, the aim and the motivation of the study in this professional report. Chapter 2 deals with the meaning of the term “Family” and delves into Article 280 of the Maltese Civil Code. An analysis of this Article also gives an explanation on who is eligible to use this system under Article 280 of the Maltese Civil Code. Chapter 3 deals with the procedure used before the Court of Revision of Notarial Acts. This Chapter is of outmost importance as the law explicitly states the procedure and what evidence the parties are expected to present or actually do. Chapter 4 then explores the different scenarios before the Court of Revision of Notarial Acts. Primarily the author will be discussing the registering of children with the Public Registry and then deals with different scenarios. What is the procedure where the parties are all in Malta? What is the procedure where the parties are not all in Malta? What is the procedure in cases where the couple are of the same sex? Chapter 5 evaluates the extent of the effectiveness of the system and identifies its weaknesses. What are the repercussions should any of the parties fail to voluntarily appear before the Court of Revision of Notarial Acts? Chapter 6 wraps up the subject and tackles it from a practical point of view. What should be the way forward and how can the system be improved when the spouses and the partner of the wife are all Maltese or are living in the Maltese islands, yet it is not practical, because the husband or the partner are not in agreement to appear before the Court of Revision of Notarial Acts?