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DC Field | Value | Language |
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dc.date.accessioned | 2020-04-01T08:15:15Z | - |
dc.date.available | 2020-04-01T08:15:15Z | - |
dc.date.issued | 2019 | - |
dc.identifier.citation | Buhagiar Vella, J. (2019). The enforcement of executive titles by means of executive acts and the difference from precautionary acts : an analysis of the procedure and case law (Doctoral dissertation). | en_GB |
dc.identifier.uri | https://www.um.edu.mt/library/oar/handle/123456789/53386 | - |
dc.description | LL.D. | en_GB |
dc.description.abstract | The law has to provide the mechanisms by which any party is to have access to the courts of justice or any form of procedure that will deliver a decision which will constitute itself as an executive title. One has to have the remedies available in case the orders in a judgement are not adhered to by the party obliged to comply with the decision. Also, the law has to have a structure to secure a creditor’s right in order to stop a person not to act prejudicially towards him, which is to be done prior to the initiating of the proceedings. In chapter 1 an analysis is done with respect to the executive titles provided in the law, the meaning, effect and the procedure under each one respectively. The differences between them is examined in this chapter. Chapter 2 deals with the enforcement mechanisms by means of the executive acts where each is explained, what it consists of and what remedy that is brought in favour of the creditor. Chapter 3 focuses on the precautionary acts and the differences from executive acts are mentioned, together with a main focus on the most sought precautionary act which is the warrant of prohibitory injunction. The scope of the thesis is to conduct a study into the procedure of obtaining a judgement, how it is to be enforced and the differences from the precautionary acts as a means of securing one’s rights. Also, apart from describing the system a critical analysis is done in order for certain improvements to be made in the efficiency of achieving justice. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Debtor and creditor -- Malta | en_GB |
dc.subject | Judge-made law -- Malta | en_GB |
dc.subject | Procedure (Law) -- Malta | en_GB |
dc.title | The enforcement of executive titles by means of executive acts and the difference from precautionary acts : an analysis of the procedure and case law | en_GB |
dc.type | masterThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws. | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Buhagiar Vella, Julian | - |
Appears in Collections: | Dissertations - FacLaw - 2019 |
Files in This Item:
File | Description | Size | Format | |
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19LLD002.pdf Restricted Access | 961.98 kB | Adobe PDF | View/Open Request a copy |
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