Reform to the law of mandate

Abstract

The reason for opting to analyse the motif of, "Reform to the Law of Mandate", is the following: The current principles of mandate contained in the Civil Code are far from intriguing since they have never been amended, except for a recent important introduction of the concept of nominee mandate, which until then was only discussed through jurisprudence. However, the analysis of a possible reform to the current articles of the Maltese Civil Code, is intriguing and stimulating since it is a possibility of adapting and reforming this contract that finds its way into many situations in daily life. Another interesting fact is the study of the instrument of the power of attorney, which is not regulated, per se in the current Maltese Civil Code. A main reason as to why I chose to deal to with reform to the law of mandate was the fact that persons working within the legal field have and are encountering a number of problems when faced with powers of attorney since there is no effective system of verification whether that power of attorney is "valid" or has been revoked. This presents a difficult situation to these professionals so that they end up exposing themselves to unnecessary responsibility and torment. Although this thesis is aimed at suggesting reform to the law regulating mandate, it is not intended to be a formula for solving all difficulties that are encountered in this field, it is targeted at suggesting potential reform, but above all in illustrating the dire need for reform in this area of law.