Reflections on some aspects of the motor vehicle insurance law in Malta and abroad

Abstract

One of the precepts of natural justice is "neminem laedere”. Therefore, a person causing damage is bound to make good such damage to the injured party. the principles enacted in the Civil Code. This is one of in other words tort and quasi-tort (or delict and quasi-delict) are a cause of obligations. Hence, an unlawful act whether positive or negative whether due to "dolus" or "culpa" causing damage to the person or to the property of another individual9 is a cause of obligation. The person so causing the damage may be either directly or indirectly responsible. This is a general principle of liability and the injured party can very well use it as a basis for an action in order to obtain a remedy for the damage suffered. More often than not however although there is a remedy at law in practice it is difficult to obtain indemnification. The most common obstacle is that the person causing the damage is of insufficient means and so unable to make good and to pay the Court award for damages which may often be considerable. Now when it is foreseen that certain acts can be and in fact are a common source of damages then it is the duty of the legislator to see to it that an efficient system of indemnification is in force and can be utilised.