Journal of Civil Law Studies


The paper focuses on Article 1045 of the Maltese Civil Code regulating liquidation of compensation (damages) under Maltese tort law and examines whether or not compensation for moral damage is compatible therewith. French law and Austrian law (being the main sources of Article 1045) are analysed and contrasted with the peculiarities of Maltese tort law whilst the motivations of the original legislator (Sir Adriano Dingli) are also critically discussed. The paper subsequently examines the dichotomy between responsibility in tort and damages under Maltese tort law and concludes by analysing some selected case law.

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