The aim of this paper is to provide valuable insights into the Maltese legal system with a special focus on private law. The assumption is that this legal system is the by-product of the “mixing” of innovation and tradition, resulting from the interaction of English law and continental law. A major role in the development of the system is played by courts. Some examples (moral damages and pre-contractual liability) are considered which highlight the importance of the function displayed by Maltese judges.
In a case of1875the Maltese Court of Appeal held that the Codice de Rohan was still observed by the Courts of Justice of these Islands and was never abrogated expressly or impliedly (“è conservato in osservanza nelle corti di Giustizia di queste isole e non fu abrogato né espressamente né implicitamente”).On the Code de Rohan see Sammut 2009Id-Dritt Law Journal 330.