Malta: Civil Law

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Article
Legal Letter, Judicial Letter Or Article 166A Letter? Understanding The Difference
Maltese legal practice employs three distinct instruments—legal letters, judicial letters, and sworn judicial letters under Article 166A—each serving different purposes and producing different legal effects. Understanding when to use each instrument requires careful assessment of the claim's nature, value, and whether formal court proceedings or executive enforcement is necessary. The choice between these tools can determine whether a creditor obtains an executive title without litigation or mus
Malta Litigation
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Article
The ‘actio Surrogatoria’ In Maltese Law: Rights, Remedies And Procedural Requirements
The actio surrogatoria, codified in Article 1143 of Malta's Civil Code, allows creditors to exercise rights belonging to their debtors when those debtors fail to act. A recent Court of Magistrates judgment examines the essential elements required for this action, including whether the principal debtor must be joined as a party to proceedings, and establishes six key requirements that creditors must satisfy to successfully pursue claims on behalf of their debtors.
Malta Litigation
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