Historical aspects of chapter 5 of the Laws of Malta, and its relevance to contemporary situations

Abstract

This study shall follow the historical development of the notion of ‘betrothal’ within society throughout the years, and how this lead to the inception of the Promises of Marriage Law, upheld under Chapter 5 of the Laws of Malta. It shall also examine the contractual element emanating from the promise of marriage, and the damages that ensue thereof. It includes an analysis of judgements prior the inclusion of Ordinance XIV of 1913, and how Court decisions changed once the Ordinance came into force.

In the past, betrothal was regulated by the Ecclesiastical powers, however, Proclamation VI of 1834 introduced the separation of Church and State powers in cases pertaining to worldly matters. Furthermore, Chapter 5 of the Laws of Malta, which emanated from this Proclamation, was created to ensure that the Courts do not use their powers to force individuals to carry out promises of marriage against their will. Nevertheless, a breach of promise of marriage still carries with it consequences payable in the form of moral and material damages. It is in the author’s interest to study how present day individuals are affected by a promise of marriage agreement, and whether the law should be updated to meet their needs. A socio-legal study is also included to reach these conclusions.

This study will ultimately show whether or not the notion of betrothal still exists in modern times. More importantly, it will ascertain whether or not Chapter 5 of the Laws of Malta is still valid. If the latter points to the negative, and the study shows that the Promises of Marriage Law is no longer meeting modern needs, the author shall conclude whether Chapter 5 of the Laws of Malta requires amendments or should be repealed.