The action for abatement in the law of succession

Abstract

The action for abatement makes up a very small area of Succession Law. This nonetheless I have found ample material and information which proved to be very useful in the laying out this thesis. I will naturally commence with a view on the historical aspect of the action after which I will delineate briefly its nature and characteristics. Next, I will endeavour to identify those persons who can exercise the action and those against whom the action can be instituted. Successively, I will lay in a categorical order those rules and conditions by which a person who intends to institute the action should abide before exercising the action. In the meantime I will compare and contrast the position found under the Maltese system with that found under the Continental system. The ultimate effects which the action gives rise to will be then dealt with by making reference to each and every person against whom the action can be exercised. Finally, I will focus attention on the modes by which the action for abatement can no longer be exercised. In conclusion, I will highlight the weak points found in the Maltese Law in regard to the action for abatement and make the relevant suggestions especially in the light of the developments made in Continental Law.