The private international law aspects of transfer of property with particular reference to settlers in Malta

Abstract

It is proposed to deal in this thesis with a particularly interesting branch of Maltese Private International Law. Transfer of property, both ‘inter vivos’ and ‘causa mortis’ represents a topic which involves a large number of aspects of the conflict of laws, aspects including the law of contract, the concept of domicile and the law of succession. It is necessary here, if only for the sake of clarity to enunciate briefly what falls within the scope of this work. Private International Law does not solve a case. It is that part of the law of a country which decides whether a court seized with a case containing a foreign element is competent to try such case, and in the affirmative, which law is to applied to the particular facts of the case. Various stages are involved in the application of Private International Law to a particular case.