Malta

Abstract

Malta is a Civil Law jurisdiction with extensive Common Law experience and knowledge. This is a direct consequence of its history. Malta’s first contact with Roman Law commenced with the second Punic War. This dominant influence of Roman Law and tradition has continued uninterruptedly to this day, saving perhaps – although this is not entirely clear – the period of Arab dominion. This contact was strengthened by another political event, being the Norman conquest (c 1091), with Malta becoming part of what was known as the Kingdom of the Two Sicilies, that is, Southern Italy, just below the Papal States, being what is today the Italian province of Campania and included part of the contemporary province of Lazio, Sicily and the Maltese islands. To this day, Malta’s original medieval archives remain in Palermo. Maltese Notaries were even trained in Sicily. This means that also, from the property law perspective, there was a continued application of Roman Law as the Jus Commune. It included contracts, sales, emphyteusis, exchanges, donations, testaments, fideicommissa and guarantees. This is evidenced by the Codes in force at the time and from random samples of Notarial Deeds examined by the author in the Notarial Archives in Valletta. This continuity is also confirmed in other important historical codes and documents. The Order of St John left four important Collection of Laws/Statutes and Codifications: namely, the first being the Constitutions of Grand Master Jean Paul (de) Lascaris (in office 1636–1657), who promulgated his Prammatiche on 1 March 1640. The next was the Leggi e Costituzioni Prammaticali of Grand Master Gregorio Carafa (in office 1680–1690), enacted in 1681. The third important Collection, also being the first Code that was enacted by Grand Master Antonio Manoel de Vilhena (in office 1722–1736), known as Leggi e Costituzioni prammaticali di Manoel or Il Codice di Fra D. Antonio Manoel de Vilhena dei Conti di Villaflor published in Valletta on the 5 November 1723. The fourth and most important code left by the Order was that legislated by Grand Master Emanuel de Rohan-Polduc (in office 1775–1797) known as Del Diritto Municipale di Malta, often known as the Code de Rohan, promulgated on 23 December 1782, and which completed the work of his predecessors. [Excerpt]