The modern threats to the Community of Acquests

Abstract

The 1993 Amendments to the Civil Code brought about a major reform of Maltese Family law. The Amendments to family law was part of the legislative elimination of the then existing gender-based discrimination in the Maltese Civil Code. The main thrust of equality policy in this area of law was directed towards bringing the respective administrative powers of the spouses to the same level on the one hand and promoting independent gainful activity on the other. The idea that both sexes should enjoy equal status within the family, and in society generally, was the clear objective of the legislative reform. There was the introduction of a new matrimonial regime called the Community of Residue under Separate Administration. The introduction of this regime, a system of deferred community of property was intended to cater for the increasing number of married working couples, and for the cases wherein both husband and wife are on a relatively equal financial footing. The Community of Acquests was still retained by the legislator, on the basis that it protects the economically weaker spouse. the argument that separate property or some other regime regulating a more limited form of community would disadvantage the weaker spouse (generally women, since the majority of women still do not work outside the house), has continued to have a significant influence on the retention of the community of Acquests as the legal regime. This thesis discusses how, in practice the Community of Acquests is not adequately safeguarding the weaker spouse, mainly due to the introduction of various laws which are creating an imbalance of power between the spouses, especially in the administration of the acquests. Banking law, Social Security law, law on VAT, Insurance, and vehicle registration, amongst others, are all creating adverse effects on the concept of the joint community of property. This thesis discusses in detail such effects, proposing certain reforms in our law, in order to balance the power between spouses.