A brief overview of Malta, a roman-civil law country, with common law adoption as rules of civil evidence
Digital Evidence and Electronic Signature Law Review - Nbr. 5, October 2008
Dr Patrick J Galea - Advocate and Lectures in Civil Law and procedure at the University of Malta
Permanent Link:
http://vlex.com/vid/overview-malta-roman-common-adoption-51502393
Id. vLex: VLEX-51502393
The status of digital evidence in civil proceedings. Classification of digital evidence. Adaptation of traditional rules of evidence to digital evidence. Distinction between authenticity and veracity. The weight and importance to attribute to digital evidence. Burden of proof, moral certainties and the balance of probabilities. Digital evidence and the traditional rules of civil evidence. Conclusion: the role of law schools and of law firms.
A brief overview of Malta, a roman-civil law country, with common law adoption as rules of civil evidence
I come from Malta: Malta is known to many as a sun-drenched island in the Mediterranean and a popular tourist destination, a centre for financial services within the European Union, as is Dublin and Luxemburg. The State is also particular in so far as it has a mixed legal tradition - it is traditionally a civil law country; however the common law and sources of English law have become absorbed by the system and form part of the sources, owing to the British experience of Malta. In this sense, Malta is among the group of nations that have a mixed legal tradition, which include Scotland, Quebec, Louisiana and South Africa. The obvious reasons for this are historical. Malta has a Roman Law tradition dating from the Punic Wars, however the main imprints were the period of rule of the Order of St John of Jerusalem, Rhodes and Malta - the Knights of St John, and of the two hundred and fifty odd years of British experience, with fundamental links that remain undimmed to date. In a context that is otherwise within the continental civil law tradition, the sources of evidence embody the common law rules of evidence. The rules...
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