the 8 sources of civil law

domestic written law

principal source of civil law, includes codes, acts of parliament, subsidiary legislation, provides clarity and stability in the legal framework, foundation for interpretation and application by courts, empowers authorities to issue binding rules

eu law

part of maltese civil law not a foreign source, eu rights and remedies available as domestic law, supremacy of eu law over domestic law, supremacy recognised by maltese constitution, strong influence on civil and private international law

customary law

recognised source especially in commercial matters, customs of trade may prevail over civil law, creates rights and obligations, must be expressly pleaded in court, must be proven usually through expert evidence, judge cannot take notice of custom ex officio

jurisprudence

courts interpret and apply civil law, interpretation contributes indirectly to law making, doctrine of precedent not binding in maltese law, previous judgements are persuasive authority, essential for practical application of law

juridicial negotia

contracts are a source of civil law, based on expressed and manifested will of the parties, contractual clauses considered law between parties, binding once validly formed, subject to mandatory law and public order

writings of authoritative jurists

include books and journal articles, written by respected legal scholars, not a formal source of law, frequently consulted by courts and practitioners, influential in interpretation and development of law

aristotelean equity

corrective mechanism in civil law, based on concept of eipieikeia, balances strict law with fairness, applied where law is general or abstract, used within limits permitted by law

draft common frame of refrence

dcfr is a non binding european instrument, identifies common principles of european private law, serves as a toolkit for judges, used by academics and practitioners, promotes coherence without imposing binding rules